scene from Wantage Township
Minutes of Wantage Township 2005 Meetings
Mayor and Township Committee
June 09, 2005
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 JUNE 09, 2005

Mayor Parker Space called the meeting 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 Parrott, DeBoer.
The following members were absent: None. Also present: Township Attorney Richard Clark.

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

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."

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.

REPORTS
Mr. DeBoer moved to approve the following reports for filing:
  • Registrar’s Report for May 2005
  • Clerk’s Report for May 2005
  • Tax Collector’s Report for May 2005
  • Construction Department Report for May 2005
  • Animal Control Report for May 2005
Mr. Parrott seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space. Nays: None. Absent: None. Abstain: None.

RESOLUTIONS
Mr. DeBoer moved to approve the payments of bills for the meeting of June 9, 2005.
Mr. Parrott seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. DeBoer moved to approve the Resolution Requesting Permission from the Director of the Division of Local Government Services to receive moneys and pay expenditures associated with Affordable Housing through a dedication by rider, under “Developer Fees – Housing Trust Fund”. Mr.Parrott seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space. Nays: None. Absent: None. Abstain: None.

ADMINSTRATOR’S REPORT
Mr. Doherty informed the Committee that members of the Fire Department have opened up a dialogue with Vernon Township’s Assistant Township Manager, for the purpose of exploring possible shared service arrangements on future firematic grant applications between Wantage and Vernon. Mr. Doherty said he would be pleased to investigate possible ventures that would be mutually beneficial; however, the 2005 municipal budget does not have funds allocated for the services of a grants writer this year. The Committee agreed with Mr. Doherty that these discussions may lay the ground work for future possibilities.

Mr. Doherty presented to the Committee correspondence from the State Office of Smart Growth regarding a Technical Assistance grant. The grant calls for a local match which may not warrant the amount of the grant the Township would receive.

Mr. Doherty reported to the Committee that he received a Request for Service form from Ronnie Babcock, School Bus Coordinator regarding four locations where portable basketball hoops are causing obstruction for the school buses and larger vehicles in Lake Neepaulin. Mr. Doherty forwarded the letter to Mr. Clark to see if this falls under Title 39 of the State Statutes where we may ask the residents to remove them. If not, the Committee would have to decide to introduce a local ordinance to address this problem.

Mr. Doherty reported to the Committee that there is currently $359,880.86 in the long standing Affordable Housing account and $9,500 in the new COAH program account as of the date of Mr. Ricker’s request at the last meeting.

Mr. Doherty asked for a motion regarding the hiring of seasonal help for the DPW Department. Mr. DeBoer moved to hire Patrick Garofalo as a part time seasonal employee of the Public Works Department at salary of $15.14 per hour, for a 24 hour work week, for up to twelve weeks starting on Monday, June 13, 2005. Mr. Parrott seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None.

Mr. Doherty informed the Committee that he is coordinating schedules among the various Wantage and Sussex representatives and anticipates having a meeting June 28 or June 29, 2005 for Regional Contribution Agreements for COAH.

Mr. Doherty informed the Committee that he will invite the members of the Wantage Township Economic Development Commission to attend the work session of the governing body scheduled for 7:00 p.m. on Thursday, July 14, to discuss the value of the Tax Exemption program.

ATTORNEY’S REPORT
Mayor Space requested Mr. Clark to give the Attorney’s Report.

Mr. Clark addressed the issue of prior approvals for the Developer Fee Ordinance. Mr. Doherty explained that the ordinance adopted in September 2004 excludes all projects with preliminary or final approval prior to that date. A problem now arises when these previously approved projects apply for building permits. Current COAH obligations arise with the issuance of the permit, but no monies are being collected from the Developer. Mr. Clark advised that the Township can reasonably charge the developer this fee. The Committee agreed that it would be in the best interest of the Township to amend the ordinance to start changing the fees with the issuance of the building permit, but excluding any developers who have applied until final adoption of the amended ordinance. Mr. Clark will prepare an ordinance in this regard.

Mr. Clark addressed the Committee regarding the contract for the relocation of the Toal house on Libertyville Road. Mrs. Toal recently hired an attorney and Mr. Clark’s office is awaiting specifics of what would additionally be required to satisfy Mrs. Toal. Mr. Doherty advised that Harold Pellow, Engineer, and Charles Schaeffer, architect are current in contact with the contractor who has been hired to move the Toal house.

Mr. Clark advised the County Engineer has been out of state for the past week, but there are only one or two details which need verification regarding the Interlocal agreement for Old Clove Road/Libertyville Road.

Mr. Parrott made a motion authorizing Mayor Space to sign the interlocal agreement with the County of Sussex subject to final verification of form and content by our attorney. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space. Nays: None. Absent: None. Abstain: None.

COMMITTEE REPORTS
Mr. DeBoer suggested that the Committee may wish to consider the Municipal Open Space Act, whereby the Township implements a municipal open space tax levy which is used solely for preservation of open space. Mayor Space requested more information regarding this suggestion.

Mr. DeBoer reported that he was asked to sit on a committee to advise the Sussex/Wantage Regional School Board on how to proceed with the failed referendum. The first meeting was held last Monday and the consensus was a suggestion to go back to the architect to rethink the priorities of improvements.

Mayor Space reported that the Committee has been invited to attend the Rededication Ceremony of the High Point Monument tomorrow June 10, 2005.

Mr. Parrott stated that the members of Save Rural Wantage were well informed and did a good job presenting suggestions to the Committee at the last meeting. Mr. Parrott also stated that he, the rest of the Committee, Mr. Doherty and the Township Attorney do not have a hidden agenda regarding the development of Wantage Township. Mr. Parrott did state, however, that as a Committeeman, he had to make a decision regarding his personal feeling on these matters and the following have influenced his decision.

Mr. Parrott referred to previous Committee and Land Use Boards and the changing environment in which development decisions are made. The Highlands Bill resulted in the exclusion 73,000 acres of land which could be developed within Sussex County. The development burden then came to the Township level and plans called for 10, 20 and 30 year build-outs. At that time Mr. Parrott was against the plan because the 25 year build out would, in reality, be reduced to a 5 to 7 year build out. The Land Use Boards at the time were trying to work on development plans, but the rules were changed mid-stream.

Mr. Parrott reported that he has been in touch with the State Department of Transportation and asked what improvements the State has planned for Route 23. Mr. Parrott was informed that Route will be repaved by the year 2016. Regarding Impact Fees, Mr. Parrott reported that there are two bills, one in the Senate and one in the Assembly which are not likely to be passed. Mr. Parrott reported on the concept of equalized assessed value where the Townships with greater commercial ratables pay a greater burden of the school tax levies. Unfortunately, the greater the commercial ratables, the lesser the amount of State Aid the Township will receive.

Mr. Parrott reported that according to initial COAH obligations, the Township was responsible for 80 credits whereas with the recent changes, the Township is only responsible for 27 credits. Mr. Parrott reminded the public that the slow-growth approach and due diligence of the Committee and the Land Use Board helped avoid unnecessary development of affordable housing units.

Mr. Parrott also reported on ideas which are being looked into regarding meeting our current obligation of 27 units. Mr. Parrott and Mr. Doherty agreed with Mr. Ricker’s suggestion that there should be some COAH credits associated with farmland preservation and a letter is being drafted to Senator Littell, the Assembly and the Governor in the regard. Mr. Parrott also spoke regarding receiving credits for multi-family units which are currently being rented below market value. If the tenants meet income requirement, they could possible generate 20 COAH units.

Mayor Space, Mr. Parrott and Mr. DeBoer addressed recent letters regarding Wantage Township Administrator, Jim Doherty. Mayor Space responded to a recent “Letter to the Editor” in a local newspaper, and to letters received from Ann Smulewicz and Sandra Babcock, which expressed various complaints about Mr. Doherty. Mayor Space stated that when dealing with the public and different personalities, motives can be misconstrued. Mayor Space stated that Mr. Doherty has acted with the knowledge and backing of the Township during the course of the review process for the Land Use Board’s proposed Master Plan Amendment.

Mr. Parrott stated that the purpose of the Committee as well as the responsibility of the Administrator is to serve the public, but not to be a target when facts are not fully presented. Mr. Parrott stated that personalities among prior Administrators have varied, and Mr. Doherty has been responsible for clearing a tremendous amount of backlog. Mr. Parrott also stated that Mr. Doherty has always acted with the utmost character, integrity, and dignity and his reputation stands on its own.

Mr. DeBoer agreed with the comments of Mayor Space and Mr. Parrott. Mr. DeBoer stated that the entire Committee stands behind Mr. Doherty 100%. The Committee also reminded the public that part of Mr. Doherty’s responsibility is to keep the public informed and that providing two sides of an issue is part of that responsibility, although this can sometimes be misinterpreted as forming an opinion.

OLD BUSINESS
Mr. Doherty reported on the Bid Opening dated June 6, 2005 for the New Truck Storage Facility and Improvements to Municipal Complex.

Mr. Doherty reported that Ferraro Construction had submitted a Bid Protest regarding disqualification of the lowest bid received from Zitone Construction. Representatives of Ferraro Construction and Zitone Construction will be invited to a hearing at the June 30, 2005 meeting of the governing body.

Mr. Parrott moved to introduce on first reading Ordinance 2005-11, entitled “ORDINANCE APPROPRIATING THE SUM OF $116,000 FOR IMPROVEMENTS TO THE MUNICIPAL BUILDING”, FINAL HEARING DATE OF JUNE 30, 2005.

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

NEW BUSINESS

FINAL ADOPTION: ORDINANCE 2005-14 DRIVEWAY ORDINANCE AMENDMENT
Mr. DeBoer moved to adopt on final reading, Ordinance 2005-14, entitled “ SEQ CHAPTER AN ORDINANCE TO AMEND THE DRIVEWAY CONSTRUCTION ORDINANCE OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE”

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

Prior to final roll call, Mayor Space opened the meeting to the public for any questions or comments with respect to the proposed Ordinance. A resident asked if this just applied to new driveways. The Committee advised that it will only apply to new driveways. As there was no one else who wished to come forward Mayor Space closed the meeting to the public and returned to the regular order of business.

Mr. Parrott made a motion to award a contract to Owl Contracting of Rockaway, New Jersey, in the amount of $309,489, in accordance with their bid submitted on June 3, 2005 for Reconstruction of Sherman Ridge Road – Section III, and Resurfacing of Newman Road – Section I, as per the recommendation of the Municipal Engineer dated June 6, 2005.

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

APPROVAL OF MINUTES
Mr. Parrott made a motion to approve the minutes of the Wantage Township governing body’s meeting held on May 26, 2005. Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space. Nays: None. Absent: None. Abstain: None.

OPEN PUBLIC SESSION
Mayor Space opened the meeting to the public at this time, for any questions or comments involving the good and welfare of the community.

Mrs. DeGroat asked how far down Sherman Ridge Road the Township would be paving. The Committee advised her that the paving will start at Libertyville Road and be paved half-way down do Berry Road. The remainder will be completed in 2006.

Ann Smulewicz thanked the Mayor and Committee for addressing her concerns and thanked Mr. Parrott for researching the public’s concerns regarding the Route 23 development and providing a fine presentation on his findings. Ms. Smulewicz informed the Committee of a website, hunterdoncoalition.org which has insightful information regarding COAH.

General open discussion ensued between the members of the governing body and various members of the general public, regarding COAH obligations and Mr. Parrott’s presentation. Once all concerns were addressed, Mayor Space closed the meeting to the public and returned to the regular order of business.

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

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James R. Doherty, Administrator Clerk

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