MINUTES OF THE MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE HELD April 29, 2004

The workshop portion of the meeting was called to order at 7 p.m.

Present: Mayor William DeBoer, Committee members Jeffrey Parrott and Parker Space, Deputy Clerk Christine Von Oesen and Attorney Michael Garofalo

Mayor DeBoer announced this meeting is held in compliance with the New Jersey Open Public Meetings Act and has been properly advertised. He invited those in attendance to join in the pledge of allegiance and salute to the flag.

The topic of discussion was strategies for dealing with residents concerns about illegal use of ATVs and Dirt Bikes on private and/or public property.

Frank Galligan of Lake Neepaulin stated he was in favor of registering such vehicles at the municipal building, similar to the procedure used for burglar alarms.

Sgt. James Visco of the N. J. State Police said that might be misconstrued as a motor vehicle registration.

Mr. Parrott made the point that those persons who were violators would remove the registration in order to avoid detection.

A neighbor of Mr. Galligan’s stated she also had problems with vehicles being ridden on her private property.

Mr. Parrott stated he had talked to school officials and would ask them to send a notice regarding this along with report cards. He also suggested sending a stern letter along with municipal tax bills that are mailed in June.

Sgt. Visco said he would bring up the matter of confiscating vehicles riding on private property at a roll call so that troopers new to the area would respond in an appropriate manner.

Upon conclusion of this topic, the governing body took a short recess.

The business portion of the meeting was called to order at 8:05 p.m.

Present: Mayor William DeBoer, Committee members Jeffrey Parrott and Parker Space, Deputy Clerk Christine Von Oesen and Attorney Michael Garofalo.

CONSENT AGENDA

Mayor De Boer requested that the governing body Review The Consent Agenda.
Mr. Space made a motion, seconded by Mr. Parrott, to approve the Consent Agenda.
Upon roll call, Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

APPLICATIONS

Raffle License RL-04-07 for American Legion Post 213 to hold an off-premise 50/50 raffle June 27, 2004.
Membership Application in the Wantage Fire Department for William J. Byrne, Jr., of Branchville.
Mr. Space made a motion, seconded by Mr. Parrott, to approve the applications.
Upon roll call,
Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

RESOLUTIONS

1) Authorizing Professional Services Agreement with URS Corporation of Cranford, NJ, to provide GIS – well database services, at a cost not to exceed $10,000.

2) Authorizing Professional Services Agreement with Strunk-Albert Engineering of Stroudsburg, PA, to provide mechanical and engineering services for renovations to the Wantage Municipal Building in an amount of $22,400 for the design phase of the project and based on fee schedule submitted for the construction phase.

3) Authorizing Chapter 159 Resolution, amending the 2004 Wantage Municipal Budget by accepting a Grant from FEMA in the amount of $59,946.00, under the FEMA Assistance to Firefighters Grant Program for Diesel Exhaust Extraction System.

4) Authorizing Chapter 159 Resolution, amending the 2004 Wantage Municipal Budget by accepting a Grant under the Service Level Agreement HEOP Grant Program in the amount of $2,405.72 for purposes of Emergency Management.

5) Requesting permission of the Commissioner of the N. J. Dept. of Community Affairs to provide
approval as a dedication by rider of revenue received for costs incurred as special events of the
Board of Recreation Commissioners

Mr. Space made a motion, seconded by Mr. Parrott, to approve the aforementioned resolutions.
Upon roll call,
Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

ADMINISTRATOR’S REPORT

The Administrator’s Report was read by Mrs. Von Oesen as follows:

1) Improvement Project of Wantage Town Hall: The architect and engineer have been consulting on improvements needed. Next step required by Township is included on the Consent Agenda, enter into a professional services contract with Strunk Albert Engineering, so they can prepare the bid specifications and advertise/accept bids for the improvements to the Heating, Ventilating, Air Conditioning system.

2) The “Dedication by Rider” resolution on the Consent Agenda: This is an option under the Local Fiscal Affairs Law. Our CFO, Michelle, will be able to better keep track and account for funds of the Recreation Commission’s various programs and activities by keeping the money in a separate, dedicated account outside of the regular municipal budget.

3) The SLA HEOP grant for $2,405.72 on the Consent Agenda: We already received the money, this will amend our budget so that the auditors will properly recognize receipt of the money within our municipal budget.

4) The FEMA Assistance to Firefighters Grant for $59,946.00 on the Consent Agenda: This will amend our budget so that the auditors will properly recognize receipt of the money within our municipal budget.

5) Youth in Government Program: Will take place in Wantage Township again this year. If any members of the governing body are able to do so, they can join Mr. Doherty at an assembly with the 8th grade class at the Sussex School at 11 a.m. May 4th. The students will be “shadowing” us at Wantage Town Hall on May 13, so if the governing body could drop by for a little while in the afternoon, that would be great. There will be a workshop meeting May 13 at 7 p.m. that will serve as the Mock Meeting where the students assume the roles of the members of the governing body. This is a fun ceremony.

6) Board of Health vacancy: We have received a letter from the President of the Board of Health notifying that Robert Alvino has not attended meetings of the Board of Health for an extended period and efforts to reach him have been unsuccessful. This creates a vacancy due to absence. The Board of Health recommends the name of Dr. Arthur Braunwell for appointment to fill the vacancy. If acceptable, the Mayor would nominate Dr. Braunwell and the Committee would confirm the appointment. The governing body may take action on this at the meeting this evening or else they may wait to consider other candidates if any are known.

ATTORNEY’S REPORT

1) Special Meetings with the Boards of Education:

a. On May 5 with the Sussex-Wantage School Board and Sussex governing body. At Wantage Town Hall at 7 p.m. Please discuss with the attorney an appropriate course of action if, on that date, the number of people from the public becomes so great that our municipal building will not accommodate the crowd and a procedure for changing the venue at that time. Following discussion, the governing body agreed that if there were a large crowd, the meeting would be rescheduled to a larger venue.

b. On May 6 with the High Point Regional High School Board of Education. At the high school at 7:30 p.m.

c. Mr. Doherty had indicated he would have review comments on the budgets to the governing body by Monday evening.

2) Request of the First Aid Squad:
Bill Haynes has requested consideration, since the cost of the Ambulance came in below the budgeted amount, if the governing body would be inclined to purchase a heavy duty stretcher in the amount of $3,000 and 34 new jackets required by PEOSHA in defense against blood borne pathogens, at a cost of $8,300. Mr. Doherty had indicated he informed Mr. Haynes that the money for the purchase of the ambulance was appropriated by Bond Ordinance which specifies the purpose of the money. We could conceivably justify purchase of the stretcher under the Bond Ordinance since it would qualify as an appurtenance of the ambulance being purchased, but the jackets would not be justifiable.

We do not have $8,300 for the purpose being requested. Mr. Haynes requested that Mr. Doherty
forward the request anyway for a response.

Mayor DeBoer excused himself from discussion on this matter, as he is a member of the First Aid Squad. Mr. Parrott said the stretchers and jackets are a benefit to the squad. The ambulance allocation was $140,000 but the cost was $120,000. He said he thought jackets are needed but asked for the attorney’s advice. Mr. Garofalo said he did not know of any legal way to purchase the jackets from ambulance funds. Following further discussion, Mr. Parrott made a motion, seconded by Mr. Space, to approve $3,000 for the stretcher with the understanding the issue of the 34 jackets would be part of budget discussions next year.

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

3) Road Vacation:
Mr. Bob Hill has submitted considerable file material in support of his contention that the Township of Wantage still has a 33-foot strip of land recorded as an unnamed road. The Township does not need this road as a public right of way and does not maintain it. The road, therefore, falls under the category of a public road which has been abandoned but not vacated. Mr. Hill has pointed out that there are several trees on this public right-of-way that are posing a danger of falling, creating potential for safety concerns. Mr. Hill also suggests desire to have the Township maintain the road. However, Mr. Hill would also be satisfied to have the Township officially vacate the road, in which case the ownership of the property would revert to private property owners, presumably Mr. Hill and/or others, and then Mr. Hill would handle the trees. Mr. Doherty had advised that it appears to be a reasonable request for Mr. Hill to have this public road officially vacated.

Mr. Garofalo said the Township could vacate the road but suggested getting input from the township engineer. He recommended that no official action be taken tonight.

4) Liquor License:
Mr. Garofalo reported an individual is asking to waive the criminal background check required for a liquor license as he already has a license in another municipality and a background check was completed in 1998. Mr. Garofalo said the governing body has to be sure the interests of the township are protected. Mr. Parrott said this background check has never been waived before. Mayor DeBoer agreed that the township could not be put in jeopardy.

5) Revaluation: Mr. Garofalo said bid specifications were prepared for the tax revaluation. Tax maps are being prepared. He asked for an executive session under the attorney/client privilege section of the N. J. Open Public Meetings Act.

OLD BUSINESS

Dump Truck Bid:
Attorney William Hinkes of Hollander, Hontz, Hinkes and Pasculli, a Newton law firm, was present along with Doug White, general manager of Condit Truck Center, for a hearing regarding their bid on a dump truck. Condit bid $103,836 which was rejected in favor of a bid by Brown Mack of $112,350.

Mr. Hinkes said he believed there was an erroneous interpretation of the statute dealing with Buy American”. He maintained that most vehicles contain some foreign parts. Mr. White said Mack is now owned by Volvo which is a Swedish corporation. He maintained his company had more parts and service availability and there would be no difference in the warranty.

Mr. Parrott said he has seen N. J. DOT trucks with a Sterling engine and said it would be ambivalent for the State to produce a statute they do not follow themselves.

Mr. Garofalo urged the governing body to take no action tonight as Mr. Doherty is not here and he believes he made a reasonable decision. He agreed there is probably not a truck that does not have some foreign components.

Noting that the law has not been strictly enforced, Mr. Garofalo said the governing body’s decision could be supported either way. The other bidder took no exceptions. The assumption could be made that it is all American. Legally, Mr. Garofalo said, if you take exceptions, the bid does not comply. Mayor DeBoer tabled this item and indicated a decision would be made at the next meeting.

TOWNSHIP COMMITTEE REPORTS

Mr. Parrott said he went to the Baseball Parade in Sussex and everything went well.

He also said he met with Assemblyman Guy Gregg and discussed the Smart Bill for funding of schools.

Mr. Parrott said he wants the Administrator to draft a letter regarding ATVs to insert in the tax bill mailing.

Mayor DeBoer said there are no posted hours at the animal shelter. Mrs. Von Oesen said they are on the shelter’s answering machine. The mayor said nighttime hours should be considered for the public’s convenience.

He said he went to Atlantic City for the Conference of Mayors and the main discussion was property taxes. He explained about the Abbott Districts for schools, saying that 48% of school budgets in the state were defeated last week.

NEW BUSINESS

1) Appointment
Mayor DeBoer appointed Dr. Arthur Braunwell as a member of the Board of Health.

2) Final Adoption of Ordinance 2004-07: Site Plan Chapter Amendment
Mr. Space made a motion, seconded by Mr. Parrott, to adopt on final reading, Ordinance 2004-07, entitled “AN ORDINANCE TO AMEND CHAPTER XVI OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE, BEING THE SITE PLAN CHAPTER.”
Mayor DeBoer opened the meeting to the public for any questions or comments. No one came forward. The meeting was closed to the public.
Upon roll call,
Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

3) Final Adoption of Ordinance 2004-09: Soil Removal Performance Guarantee.
Mr. Parrott made a motion, seconded by Mr. Space, to adopt on final reading, Ordinance 2004-09, entitled, “AN ORDINANCE TO AMEND CHAPTER XXIII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE, PARTICULARLY THE SOIL REMOVAL ORDINANCE.”
Mayor DeBoer opened the meeting to the public for any questions or comments. No one came forward. The meeting was closed to the public.
Upon roll call,
Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

4) Approval of Minutes
Mr. Space made a motion, seconded by Mr. Parrott, to approve the minutes of April 8, 2004. A voice vote was unanimously in favor.

OPEN PUBLIC SESSION

Mayor DeBoer opened the meeting to the public for any questions or comments involving the good and welfare of the community.

Mr. Galligan said the governing body should take the lower bid for the dump truck by Condit.

Mr. Jable spoke about speeders at Lake Neepaulin. Rumble strips are ineffective, he said, and asked for speed bumps or some other alternative.
Mayor DeBoer said the township’s hands are tied by legalities.
Mr. Garofalo said it would take a long time to get speed bumps approved and they are not inexpensive.

Douglas Ricker spoke about farmland preservation and said those sites already preserved have one to three acre exceptions for houses, but the ordinance has since been changed to a five-acre minimum.
Mr. Parrott referred Mr. Ricker to the Land Use Board.

Mr. Jable spoke about improvements to the dam at Lake Neepaulin. Mayor DeBoer said he had a problem using taxpayer money to fund a project of that nature.

There being no one else present wishing to address the governing body, Mayor DeBoer closed the meeting to the public.

EXECUTIVE SESSION

Mr. Parrott made a motion, seconded by Mr. Space, to enter executive session to discuss matters under attorney/ client privilege. A voice vote was unanimously in favor.
The executive session lasted approximately 10 minutes. Following that, Mr. Parrott made a motion, seconded by Mr. Space, to come out of executive session.

Mr. Garofalo explained the provisions of a tax appeal settlement with Tenneco Gas. He said the settlement would result in an assessment for 2003 of $2,500,000 and for 2004 of $2,300,000. This would be resolved as a credit on future taxes, he said.
Mr. Parrott made a motion, seconded by Mr. Space, to agree to the settlement with Tenneco Gas as outlined by Mr. Garofalo.
Upon roll call,
Ayes: Parrott, Space, DeBoer. Nays: None. Abstain: None. Absent: None.

There being no further business to come before the governing body, Mr. Space made a motion, seconded by Mr. Parrott, to adjourn. A voice vote was unanimously in favor.

__________________________________
Christine Von Oesen, Deputy Clerk