October 30, 2008

MINUTES OF THE REGULAR MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE, HELD AT THE WANTAGE TOWNSHIP MUNICIPAL BUILDING, 888 STATE HIGHWAY 23, WANTAGE, N.J. ON THE DATE OF OCTOBER 30, 2008

Mayor Parker Space called the regular meeting of the Mayor and Committee of the Township of Wantage to order, and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present: Mayor Space, Committee members DeBoer and Nuss. The following member was absent: None. . Also present Township Attorney, Michael Garofalo.

Mayor Space stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, Public Laws 1975, Chapter 231. It has been properly noticed and posted to the public, and certified by the Clerk."

Mayor Space led the assembly in the Salute to the Flag.

CONSENT AGENDA
Mayor Space requested that the members of the Committee Review the Consent Agenda.
There being no Committee member present wishing to comment on the proposed Consent Agenda, Mayor Space requested approval of the Consent Agenda.

CORRESPONDENCE
Mrs. Nuss made a motion to approve the following correspondence for filing.

• Letter received 10/27/08 from Steven Danner, offering his resignation from the position of Municipal Court Attendant, effective immediately.
• E-mail communication received from The Fitzgerald Family, 58 North Shore Drive, expressing support for final adoption of proposed Ordinance 2008-16.

Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

RESOLUTIONS
Mrs. Nuss made a motion to accept, with regrets, the resignation of Steven Danner from the position of Municipal Court Attendant effective immediately.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize submittal of Grant Application by the Wantage Township Board of Recreation Commissioners to the Sussex County Arts & Heritage Council, for a grant in the amount of $6,500 to help pay for the costs of the Veteran’s Memorial Project.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to award contract for road salt at $68.85 to International Salt Company, under the Sussex County Contract Purchasing System.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize submittal of a grant application to the State of New Jersey Department of Community Affairs for an Energy Audit of Wantage Township Municipal Building. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the Chief Finance Officer to withhold money from payroll of DPW employees upon their request to cover additional costs of DPW uniform options not covered under the existing DPW contract.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize refund of performance bond E-07-01 to Daniel Tarrats in the amount of $19,406.31 plus interest to be posted October 31, 2008, associated with Block 45 Lot 17. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize refund of $50.00 for building permit overpayment on Block 135.02 Lot 1 to Edward Zech. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize assignment of Tax Sale Certificate #08-11 on Block 68 Lot 5 to Ernest Hemschot III in the amount of $648.86.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

PROCLAMATIONS

Mrs. Nuss made a motion to approve the following proclamation for filing:

• Naming November as Family Caregivers Month

Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

ADMINISTRATOR’S REPORT

Mayor Space requested Mr. Doherty present the Administrator’s report.

Court Security Attendant: Mr. Doherty reported that with the resignation of Steven Danner from Municipal Court Attendant, it becomes necessary to interview the remaining two applicants from the Civil Service Certification of Eligibles for this position. One candidate has been interviewed already, but the other candidate is not available until early next week. Mr. Doherty will have a name to recommend at the November 13 meeting, but until that time, some one must cover the court sessions on November 3 and November 10.

Mr. DeBoer made a motion naming Amy Heater as the Provisional Court Security Attendant, at a salary pro-rated for the existing salary established for this position, until a permanent replacement can be named under the rules and regulations of Civil Service.
Mrs. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mrs. Nuss made a motion amend the existing Personnel Policies of Wantage Township, to require that municipal employees utilize the official e-mail accounts of Wantage Township for all official electronic communications. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Meeting with State Elected Officials: Mr. Doherty directed the attention of the governing body to a letter dated October 9, 2008 from Assemblywoman McHose, Assemblyman Chiusano, and Senator Oroho, inviting a Wantage Township representative to attend and participate in a meeting to be held on 11/12/08 at 10:30 a.m. in Freeholders Meeting room in Newton, to discuss issues of concern for local municipal officials. Mayor Space will attend.

Proposal for Joint Tax Collector Office: Wantage Township conducted a feasibility study into possible creation of joint Tax Collector office. Results of study show that Wantage Township could realize $8,900 in savings for the year 2009 by entering into a shared authorized Mr. Doherty to provide a formal offer to Sussex for combining Tax Collector services beginning January 2009.

ADMINISTRATOR’S REPORT

Appointing Municipal Housing Liaison: Mr. Doherty reported that the Municipal Housing Liaison for COAH must be a Wantage Township employee.

Mrs. Nuss made a motion rescinding David Troast’s appointment as Municipal Housing Liaison and appointing James R. Doherty as Wantage Township Municipal Housing Liaison.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Housing Plan: Mr. Doherty reported that Mr. Troast is working on the township housing plan and should have a preliminary report for the Land Use Board by November. A joint meeting of the Land Use Board and the Governing Body will be held in December to review.

FOLN Borrower’s Agreement, Dam Repair: Mr. Doherty distributed the final form of the Borrower’s Agreement for dam repairs between Wantage Township and the Friends of Lake Neepaulin to the Committee and to the Attorney for FOLN.

Guard Rail Contract to complete Central School Road project:
Mayor Space made a motion to award a contract to M.L. Rubberton in the amount $46,478.75 to install guiderails and related safety enhancements to Central School Road.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Qualified Purchasing Agent: Mr. Doherty reported that there is recent legislation being considered which would require all municipalities to hire a qualified purchasing agent. The NJ League of Municipalities is asking that municipalities send correspondence opposing this bill. The Committee agreed by consensus to have Mr. Doherty sent a letter of opposition.

Abandon Portion Black Dirt Road: Mr. Doherty asked the Committee their wishes regarding abandoning a portion of Black Dirt Road. Mr. Pellow and the County of Sussex, who maintains a bridge on that parcel, agree that there would be no loss nor benefit in doing so. The Committee agreed by consensus to keep Black Dirt Road in the event it may be needed in the future.

Open Space Purchase Proposal: Mr. Doherty reported that Carroll Quinn is interested in selling a parcel of land on Fernwood Road to the Township of Wantage for Open Space. This would require a fair market appraisal of $3,000, $1,500 of which Mr. Quinn would be willing to pay. The Committee agreed by consensus to hold off on any appraisal.

ATTORNEY’S REPORT
Mayor Space requested Mr. Garofalo present the Attorney’s report.

Mr. Garofalo had nothing new to report.

COMMITTEE REPORTS

Mayor Space thanked Mr. Garofalo for all his hard work as lead attorney in overturning the State mandate for State Police Coverage. Mr. DeBoer and Mrs. Nuss also expressed their appreciation.

Mr. Garofalo thanked the Committee and stated that other municipalities have expressed interest in contributing to the legal fees Wantage Township expended in this endeavor as they too have benefited by this victory.

Mayor Space and Mr. DeBoer acknowledged Mayor Parrot from Sussex Borough at this time. Mayor Parrott thanked Wantage Township for their cooperation in the current interlocal service agreements and stated that he and Mr. Doherty will be meeting to see if there are any further savings Sussex Borough can obtain regarding existing Interlocal Service Agreements. Mr. DeBoer will also attend this meeting.

NEW BUSINESS

Final Adoption of Ordinance 2008-16: Lake Neepaulin Dam Assessment
Mrs. Nuss made a motion to adopt on final reading, Ordinance 2008-16, entitled “AN ORDINANCE AUTHORIZING SPECIAL TAX ASSESSMENT FOR LAKE NEEPAULIN DAM RECONSTRUCTION”. Mr. DeBoer seconded the motion.

Prior to final roll call, Mayor Space opened the meeting to the public.

William Gettler, Gemmer Road, stated that the ordinance states that Wantage Township will not put up any funds for this project. Eileen Born, Dolan and Dolan, Attorney for Friends of Lake Neepaulin, stated that escrow funds from Friends of Lake Neepaulin will be used to pay and difference between required loan repayments and delinquent assessment collections, therefore, there will be no impact Wantage Township’s reserve for uncollected taxes.

As there was no one else who wished to comment on this ordinance, Mayor Space closed the meeting to the public.

Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

NEW BUSINESS

Final Adoption of Ordinance 2008-17: Lusscroft/Blair Roads - Tabled

Ms. Nuss made a motion to table final reading of Ordinance 2008-17, entitled “AN ORDINANCE CONSENTING TO THE ACCEPTANCE OF JURISDICTION FOR LUSSCROFT ROAD FROM THE COUNTY OF SUSSEX AND CONVEYING THAT PORTION OF BLAIR ROAD WITHIN WANTAGE TOWNSHIP TO THE COUNTY OF SUSSEX” until such time as the last deed is received.

As a final hearing was scheduled, Mayor Space opened the meeting to the public regarding any comments or concerns regarding this ordinance. As there was no one from the public who wished to comment, Mayor Space closed the meeting to the public.

Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

APPROVAL OF MINUTES

Ms. Nuss made a motion to approve the Regular meeting minutes of the Wantage governing body held on October 2, 2008 and October 9, 2008.
Mr. DeBoer seconded the motion. Upon Roll call:
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

OPEN PUBLIC SESSION

Mayor Space opened the meeting to the public for any questions or comments.

Mr. Gettler asked if a bid was required for the tonight’s award to M.L. Rubberton for guide rails. He was informed that this contract was awarded through the Morris County Cooperative Pricing Council, therefore, no bid was necessary as the Morris County Co-=Op had already undertaken this bid on behalf of their client municipalities, including Wantage Township.

Mr. Gettler asked for the correct amount of expenses Wantage Township incurred for CJS litigation. Mr. Gettler was informed the amount of $173,719.34 Mayor Space quoted was correct. Mr. Gettler was further informed that the Township was the defendant and had no option but to answer the complaint filed by CJS, and that Wantage Township accepted CJS’s first offer to settle, thereby minimizing these expenditures. Mr. Gettler voiced his concerns regarding the Maragliano litigation.

Craig Coykendall, Anne Marie Lane, asked if the decision regarding State Police coverage is binding. Mr. Garofalo informed that the decision cannot be appealed. Mr. Coykendall expressed his gratitude to Wantage Township as a taxpayer.

Betsy Jable and Joyce Steinbacher, Lake Neepaulin, thanked the Committee for all their hard work regarding cosigning the loan necessary to repair the Lake Neepaulin Dam.

Maggie Kolicko, August Lane, congratulated Mr. Garofalo for successfully opposing the Governor's proposed mandate which would have forced payment for State Police coverage, thereby achieving cost savings of $448,000. Ms. Kolicko also thanked the Committee for their efforts with respect to the litigation involving CJS Investments. Mrs. Kolicko was informed that the consent order was signed today and the Township’s Fair Housing Plan is in the process of being completed."

Mr. Doherty thanked Ms. Kolicko for her initiative in preparing and submitting the grant application of $6,500 to help defray the costs of the Veterans Memorial project being undertaken by the Recreation Commission.

As there was no one else from the public who wished to address the Committee, Mayor Space closed the meeting to the public.

There being no other items for consideration at this time, Mrs. Nuss moved to adjourn the meeting. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays None. Absent: None. Abstain: None.

Mayor Space declared this meeting to be adjourned.

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James R. Doherty, Administrator/Clerk