November 11 Meeting of the Wantage Township Mayor & Committee

MINUTES OF THE MEETING OF THE MAYOR AND COMMITTEE OF THE TOWNSHIP OF WANTAGE HELD NOVEMBER 11, 2004

A regularly scheduled meeting of the Wantage Township Committee was held Thursday, November 11, 2004, at the Wantage Municipal Building, 888 Route 23, Wantage, N. J.

The meeting was called to order at 8:00 p.m.

Present: Mayor William DeBoer, Committee member Parker Space, Administrator/ Clerk James Doherty and Attorney Michael Garofalo. Absent: Committee member Jeffrey Parrott.

Mayor DeBoer stated this meeting is held in compliance with the requirements of the New Jersey Open Public Meetings Act and was properly noticed and advertised. He led those in attendance in the pledge of allegiance and salute to the flag.

PUBLIC PORTION

Nine members of the High Point Regional High School student body were present. A spokesman explained their concern about the effect of budget cuts on field trips including a trip to the Rahway State Prison by the Street Law class and a trip to West Point by the American Conflict II class.

They asked why the school board could take an expense paid trip to Atlantic City but the staff could not have development days.

Mayor DeBoer explained that the Township Committee has no jurisdiction over the Board of Education.

Attorney Garofalo said the only recourse the governing body has would be to make a recommendation to the school board.

Mr. Doherty said that the governing body has no control over the school board but if they wanted to act as individuals, the Board of Recreation Commissioners might be willing to work something out with them.

CONSENT AGENDA

Mayor De Boer requested that the governing body Review The Consent Agenda.
Mr. Space made a motion, seconded by Mayor DeBoer, to approve the Consent Agenda. A voice vote was unanimously in favor.

CORRESPONDENCE

Correspondence from the Friends of Lake Neepaulin, thanking Mayor DeBoer for attending the sign posting ceremony for “Neepaulakating Creek”.

Correspondence from Board of Health President Joe Greenaway, confirming resignation offered by Thoburn Kilmer from membership on the Board of Health, effective immediately.

Mr. Space made a motion, seconded by Mayor DeBoer, to approve the Correspondence for filing. A voice vote was unanimously in favor.

REPORTS

Tax Collector, Treasurer, Board of Health, Registrar, Municipal Clerk and Construction Department Reports for October 2004 were submitted.

Mr. Space made a motion, seconded by Mayor DeBoer, to approve the Reports for filing. A voice vote was unanimously in favor.

APPLICATIONS

Raffle License 04-30, for the High Point Regional High School Booster Club to conduct an on premise merchandise raffle on 12/10/04 at the High School.

Raffle License 04-31, for the High Point Regional High School Booster Club to conduct an on premise 50/50 raffle on 12/10/04 at the High School.

Bingo License 05-01 for the Beemerville Fire Department, Inc. to conduct bingo on various dates during calendar year 2005.

Mr. Space made a motion, seconded by Mayor DeBoer, to approve the aforementioned Applications. A voice vote was unanimously in favor.

RESOLUTIONS

Transfer of Budget Appropriations Resolution dated November 11, 2004, totaling $55,142.50

Approval of Bills for the meeting of November 11, 2004

Approval of Person to Person Transfer of Liquor License 1924-32-010-002, amending the effective date of the transfer to November 12, 2004.

Authorizing Dedication by Rider for 2004 Municipal Budget, representing donations received as contributions for the Wantage Township 250 Anniversary Celebration.

Authorizing reduction in bond for LUB Application #L-41-2002, Minor Subdivision for Joe Maggio Block 15 Lot 10, reducing the performance bond to $4,320.00.

Appointing Susan Floyd, 42 Wantage School Road, to fill the open seat on the Board of Health for a term running through 12/31/07.

Approving Change Order #1 for the project entitled “Proposed Construction of Siltation Chamber, South Shore Drive, Lake Neepaulin”, reducing the cost by $3,116.00, making the adjusted contract price $55,145.10.

Naming James R. Doherty, Administrator Clerk, as the Safety and Loss Prevention Representative of Wantage Township in the Statewide Insurance Fund, for the year 2005.

Naming James R. Doherty, Administrator Clerk, as the Statewide Insurance Fund Commissioner for Wantage Township, for the year 2005.

Mr. Space made a motion, seconded by Mayor DeBoer, to approve the aforementioned Resolutions. A voice vote was unanimously in favor.

ADMINISTRATOR’S REPORT

  1. Information: Office of County Planning met with the Wantage Cross Acceptance Committee on November 9, 2004 at 7:30 pm. Harold Pellow/Land Use Board will follow up with Wantage comments by 11/30/04.
  2. Information: Ordinance 2004-17, a capital ordinance for purchase of DPW equipment, would provide funds necessary for Wantage to begin phasing in the upgrading of snow plowing and sanding vehicles. The equipment will monitor and control the amount of salt and grits required, based on road and weather conditions. Each retrofit costs approximately $8,000 to accomplish. Over time, the costs will more than pay for themselves through reduced costs in salt and grits, and reduced residue left on roads will be a positive for the environment, as well as reduce springtime street sweeping requirements. Propose to retrofit about two vehicles a year. The proposed Ordinance will provide money for the next three years (six vehicles).
  3. Information: Reminder from previous meeting: Does the Attorney have input regarding the request received from Robert Van Dyke for the Mayor to endorse Treatment Work Approval Permit Application for 4 Smith Road?
  4. Information: Reminder from previous meeting: Does the Attorney have input regarding the draft Escrow Agreement between the SCMUA and Wantage Township for Valley View Manor?
  5. Information: With respect to the Fireman Dan’s liquor license transfer, the applicant originally requested an effective date of 10/29, which was approved on 10/0704. By 10/28, Fireman Dan’s came to realize that their closing would not take place by 10/29, so they requested the governing body amend the effective date to 12/10/04, to provide sufficient time for the closing to take place. The Division of ABC confirmed that Wantage could amend the effective date, because the original effective date had not yet come. So at the meeting of 10/28, the governing body amended the effective date to 12/10. On Monday, 11/8, Fireman Dan’s received word that the closing can take place, and requested that the effective date be amended one more time, making the transfer effective 11/11/04. Since the meeting of the governing body was not being held until the evening of 11/11/04, Mr. Doherty adjusted the effective date in the resolution shown on tonight’s consent agenda to read 11/12/04. This will be the final amendment to the effective date possible, as the governing body will not be able to change it any more once the stated effective date has actually come and gone.
  6. Information: Sussex Wantage Little League has expressed a need for immediate improvements to Lott Road fields, so that their use of fields in Spring 2005 is not compromised. I was informed to expect a letter from SWLL detailing proposed improvements and costs; to date, I have nothing. Ordinance 2004-17 will allocate $15,000 from capital reserves for improvements to Lott Road fields.
  7. See request of Wantage Fire Chief Marc Blaine for permission to use remaining funds in Fire Department budget to purchase a used vehicle that would serve as Command Vehicle for the Fire Department (i.e. Chief’s car). Mr. Doherty said he could not justify that because there is $4,300 remaining in that budget. There would be ongoing maintenance costs and a question of how to account for its use. It was decided that the Fire Chief should include this in his budget request and it would be discussed at the next budget work session.
  8. The minutes of the meeting of October 7, 2004 need to be corrected:

    a) Under Old Business #2, the minutes need to reflect that Mayor DeBoer did appoint Kevin Fenlon of Bridle
    Way to the Board of Recreation Commissioners for a term running through 12/31/05.

     b) Under Old Business #4, the wording needs to be changed to reflect the following:
    “Mr. Doherty gave a history of this project and explained options available. Mr. Doherty stated that there were two separate but related issues of concern: maintenance of the entire drainage easement serving Courtland Drive, and a specific drainage problem involving 24-26 Ryan Road. Upon conclusion of his presentation, Mr. Parrott made a motion, seconded by Mr. Space, to authorize the Township Engineer and Administrator to move ahead with investigations into the costs of making the pipe at 24 Ryan Road larger, and with respect to the drainage easement for all of Courtland Drive, to wait until the wet weather ends and the easement dries out to the point that the issue can be resolved properly.

    Upon roll call, Ayes: Parrott, Space, DeBoer Nays: None Abstain: None Absent: None
    Mr. Space made a motion to correct and amend the October 7 minutes as presented by Mr. Doherty. Mayor DeBoer seconded the motion. A voice vote was unanimously in favor.
  9. Memo from Administrator regarding Block 30 Lot 4, township-owned property lot which is land locked between Quarry and Black Dirt Road – interest in an adjoining property owner to purchase it. It was determined this is landlocked but buildable as it is more than five acres so it would have to be offered at public sale.
  10. Request Of Statewide Insurance Fund – Resolution
    The Statewide Insurance Fund has requested that all participating members adopt a “Resolution Regarding Disclosure of Confidential Information”. Mr. Doherty presented the material to Mr. Garofalo for review and interpretation. Attorney Garofalo said he would review it for the governing body to consider at its December meeting.
  11. With injury to Rick Fairweather, and reassignment of John Abate, the DPW needs additional employees to handle snowplowing for this winter. Bob Wagner is reviewing candidates for full time seasonal employment. Tonight, Mr. Doherty recommends hiring Ed Stroemel as part time seasonal employee, $22/hr, for up to 24 hours per week, effective 12/1/04. Mr. Doherty said this would be less expensive than having a regular employee work overtime. He noted Mr. Stroemel could help out mechanically and knows all the snowplowing routes.
  12. Nick Frasche has requested an amendment to the ordinance dealing with Accessory Structures. Mr. Frasche observes that, in situations where a house is situated 200 feet or more off the road and not visible from the roadside, the restriction against accessory structures being placed in the front yard becomes problematic, and ought to be relaxed or eliminated. Nick guestimates that this situation arises 12 – 15 times a year. Without an amendment, the recourse of these individuals is to file for a variance with the LUB. Mr. Garofalo said this would have to go to the Land Use Board for its recommendation and he was authorized to write to them regarding this matter.
  13. Request of John Maione concerning snow plowing at Clove Hill Manor. Based on input from Mr. Pellow, the question of whether or not these roads are intended, ultimately, to remain private roads or be turned over to the Township as public roads needs to be researched further in the Land Use Board minutes. Current condition of roads is such that they do not meet municipal standards, which would mean that the provisions of Section 31 of page 11 of the Developer’s Agreement would be applicable – the Developer must provide for the snow plowing of streets for this winter. If no objections from attorney or members of governing body, this will be my response to Mr. Maione.
    Mr. Garofalo said the Developer’s Agreement is clear that the township would not plow until the roads are brought up to township specifications. Mr. Maione has to post a bond to be sure that is done. The township has to accept the roads before it is responsible for them.
  14. Mr. Doherty requested an Executive Session for Personnel Matters involving DPW.

ATTORNEY’S REPORT

Mr. Garofalo said, regarding the request by Mr. Van Dyke, that the septic design was sent to Township Engineer Harold Pellow.

Mr. Garofalo spoke regarding an escrow agreement between SCMUA and Valley View for a wastewater treatment facility.

TOWNSHIP COMMITTEE MEMBER REPORTS

Mr. Space said he was asked to check if the fire department truck committee was disbanded. Mr. Doherty replied that the only action taken at the last meeting with respect to this topic was that the fire truck bid was rejected.

OLD BUSINESS

  1. Drainage Concerns – Ryan Road (Craig and Wink property)
    Mr. Doherty said the pipe has settled and in heavy rainfall, does not allow for a clear flow of water which backs up on the Craig property. Mr. Garofalo said it is on private property so the township has the legal right to do nothing. After general review and consideration, the Mayor and Committee determined by consensus that the appropriate decision in this matter is to take no action, given the fact that the installation of the unauthorized 24” pipe on 24 Ryan Road, which created the stormwater drainage concern on the Craig property, was not caused by the Township of Wantage.
  2. Interlocal Construction Department Costs for 2005
    The total budget for 2005 is $455,428, Mr. Doherty said. He added that Mr. Frasche believes 16% to 17% of the work would be in Sussex. This would be a four percent increase over last year and he will notify Sussex of that increase.

NEW BUSINESS

  1. Final Hearing on Ordinance 2004-16

    Mr. Space made a motion, seconded by Mayor DeBoer, to adopt on final reading Ordinance 2004-16, entitled, “ORDINANCE FIXING THE SALARIES OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF WANTAGE, COUNTY OF SUSSEX, AND STATE OF NEW JERSEY, FOR THE YEAR 2004”.

    The meeting was open to the public. There were no questions or comments. The meeting was closed to the public. Upon roll call, Ayes: Space, DeBoer. Nays: None. Abstain: None. Absent: Parrott.
  2. Salary Resolution – Amendment #3

    Mr. Space made a motion, seconded by Mayor DeBoer, to adopt Salary Resolution Amendment #3 for the year 2004, establishing the salary of the Construction Official at $38.75 an hour effective retroactively to 9/20/04. Upon roll call, Ayes: Space, DeBoer. Nays: None. Abstain: None. Absent: Parrott.
  3. Introduction of Ordinance 2004-17: Capital Ordinance

    Mr. Space made a motion, seconded by Mayor DeBoer, to introduce on first reading, Ordinance 2004-17, entitled “ORDINANCE APPROPRIATING THE SUM OF $65,000.00 FOR THE PURCHASE OF GROUND BASED CLOSED LOOP SPREADER CONTROL SYSTEMS FOR PUBLIC WORKS VEHICLES, THE PURCHASE OF A COMPUTER, AND IMPROVEMENTS TO LOTT ROAD FIELDS.”

    Final Hearing date scheduled for December 9, 2004.

    Upon roll call, Ayes: Space, DeBoer. Nays: None. Abstain: None. Absent: Parrott.
  4. Minutes
    Mr. Space made a motion, seconded by Mayor DeBoer, to approve the minutes of October 28, 2004. A voice vote was unanimously in favor.

PUBLIC PORTION

Diane Snure asked about SCMUA and the wastewater treatment plant. Mr. Garofalo explained this to her.

Ann Smulewicz asked about farmland assessment and the amount of affordable housing needed. She also complained about a flooding problem in her basement since Rachel Manor has been working on adjacent property. Mayor DeBoer said he would ask Mr. Pellow to go there and make a recommendation.

Diane Rose, a member of the Sussex-Wantage Regional Board of Education, asked the governing body to consider moving the polling place located at the Wantage School. She said security is a big issue and people who come to vote have been seen wandering in other parts of the building.

Mayor DeBoer said the schools should have been closed Election Day but the fact is there is no place else available as the First Aid Squad building is too small and would be a problem in event of an emergency.

Mr. Doherty said he would need a unified resolution from the school board detailing why the polling place should not be in the school.

The mayor said another alternative would be to have sheriff’s officers direct people.

EXECUTIVE SESSION

Mr. Space made a motion, seconded by Mayor DeBoer, to enter into Executive Session under the provision of the Open Public Meeting Act dealing with Personnel. A voice vote was unanimously in favor.

The executive session lasted approximately 20 minutes.

Mr. Space made a motion, seconded by Mayor DeBoer, to exit Executive Session.

There being no further business to come before the governing body, Mr. Space made a motion, seconded by Mayor DeBoer, to adjourn at 9:45 p.m. A voice vote was unanimously in favor.

________________________________
William DeBoer, Mayor

ATTEST:
____________________________________
James Doherty
Administrator / Clerk