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 30, 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 Michael Garofalo.

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.

CORRESPONDENCE
Mr. DeBoer moved to approve the following correspondence for filing:

• E-mail Correspondence dated June 23, 2005 from Edward Henry of the Wallkill River National Wildlife Refuge, inviting representatives from Wantage to attend a workshop with the US Fish & Wildlife Service to discuss land protection efforts in Sussex County.
• Letter dated June 7, 2005, from Susan E. Craft, Executive Director of the NJ TDR Bank Board within the New Jersey Department of Agriculture, offering information and assurance that no municipality which chooses to pursue TDR as a management tool would be forced to accept development potential from other municipalities.

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

REPORTS
Mr. DeBoer moved to approve the following reports for filing:

• Board of Health Report for June 2005
• Animal Control Report for June 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 Renewal of Liquor Licenses in Wantage for the 2005-06 licensing term (excludes CT Productions). Mr. Parrott seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

ADMINSTRATOR’S REPORT
Mr. Doherty reported to the Committee that negotiations with Sussex Borough regarding COAH Regional Contributions have begun and asked an executive session to discuss negotiation strategies.

Mr. Doherty reported to the Committee that High Point Regional High School is considering utilizing the Administrative Office Building on the high school grounds as their polling location to satisfy the issue of handicapped accessibility without necessitating a complete change of polling location for the general public. The final determination will be made by the County Board of Elections.

Mr. Doherty informed the Committee of a concern raised by the Friends of Lake Neepaulin (FOLN) regarding sediment inflow from Cove Lane. They have an Engineer’s report which indicates the this inflow may be responsible for increased bacterial levels in Lake Neepaulin. FOLN requested a meeting. The Committee asked Mr. Doherty to schedule a meeting with Harold Pellow, Municipal Engineer, representatives from FOLN, Mr. Doherty and a member of the Township Committee.

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

Mr. Garofalo addressed the issue of prior approvals regarding the Developer Fee Ordinance and presented an amended ordinance in this regard.

Mr. Garofalo gave the Committee an update on the Old Clove Road/Libertyville Road Interlocal Service Agreement with the County of Sussex. The agreement should be approved by the County at their July 13, 2005, meeting.

Mr. Garofalo addressed the Committee’s concern regarding portable basketball hoops causing obstruction for school buses and larger vehicles on public roads per the Committee’s request at the June 9, 2005 meeting. Mr. Garofalo explained that under Title 40, the Township may adopt a local ordinance for enforcement.

Mr. Garofalo addressed Spreen Road and Mr. Maggio, but more specifically the problems which arise when a developer has long standing approvals where conditions are not being met. The Committee asked Mr. Garofalo to draft an ordinance where future preliminary approvals expire after three years if the approval has not perfected or an extension has not been requested and approved.

Mr. Garofalo addressed the LGR Enterprises Developer Agreement for Fieldstone Ridge, and asked the Committee to review a resolution in this regarding.

Mr. DeBoer made a motion authorizing the Mayor and Clerk to sign the Developer Agreement with LGR Enterprises.
Mayor Space seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: None Absent: None Abstain: Parrott
Mr. Garofalo requested an executive session.

COMMITTEE REPORTS
Mr. DeBoer gave the Committee an update regarding meetings at the Sussex/Wantage School regarding the failed referendum. The Committee performed a walk-through at each school to see where improvement priority should be focused.

Mr. Parrott reported that he also met with Sussex Borough regarding COAH Regional Contributions. Mr. Parrott asked that a meeting be advertised to let the public know where we stand regarding our COAH strategies. The date of July 21, 2005 was agreed upon for this meeting.

Mr. Parrott attended a meeting with Barbara Cimorelli of the Lawrence School regarding the “No Child Left Behind” program. The Lawrence School presently received $155,000 from the federal government regarding this program. Mr. Parrott asked that the Committee to send a letter thanking her for her continued endeavors regarding this program and congratulating her on her promotion to principal.

Mr. Parrott discussed an article regarding group homes and COAH requirements and will see how this affects our present COAH obligation.

OLD BUSINESS
A hearing was held regarding a bid protest of Ferraro Construction Corp. against Zitone Construction & Supply Co., the low bidder.

Laura Esposito of Ferraro Construction Corp. notified the Township via a telephone call at 7:50 p.m, June 30, 2005, that she would be unavailable to attend tonight’s meeting, but asked Mr. Doherty to have the Committee address her written protest as follows: Zitone disregarded the Certification of Bidder’s Status regarding the list of Debarred, Suspended and Disqualified Bidders and in fact marked the required document as “N/A.”

George Zitone of Zitone Construction & Supply Co. addressed the Committee and stated that the form was not disregarded it was noted N/A because it was not applicable since Zitone has never been debarred or suspended.

Mr. Garofalo addressed the Committee and stated that there are six items which cause a fatal defect under the local public contract law per the State of New Jersey. This form does not cause a fatal defect and the Committee can choose to waive the requirement of this form.

Mr. Zitone attested to the fact that they are not debarred nor have they been suspended, and the Committee chose to accept the bid form on this basis.

Mr.Parrott made a motion to deny the protest of Ferraro Construction Corp. and award a contract to Zitone Construction Co., Inc. of Montague, NJ, .in the amount of $318,000, in accordance with their bid submitted on June 6, 2005 for the New DPW Truck Facility.

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

Mr. Doherty asked for a motion regarding the hiring of seasonal help for the DPW Department.

Mr. Parrott moved to hire Daniel Laner 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 Tuesday, July 5, 2005.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to hire Amy Heater as a part time seasonal custodian of the Public Works Department at salary of $15.14 per hour, for a 10 hour work week, for up to twelve weeks starting on Tuesday, July 5, 2005.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to hire Michael Flood as a full time seasonal employee of the Public Works Department at salary of $15.14 per hour, for a 40 hour work week, for up to twelve weeks starting on Tuesday, July 5, 2005.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to hire Melvyn G. Sliker as a full time seasonal employee of the Public Works Department at salary of $15.14 per hour, for a 40 hour work week, for up to twelve weeks starting on Tuesday, July 5, 2005.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. Doherty asked the Committee’s recommendations regarding the following ordinances:

• Land Use Recommendation – Qualifying map for residential cluster development
• Land Use Recommendation - Amending the definition of Minor Site Plan
• Land Use Recommendation – Well Protection Ordinance

Mr. Parrott asked that the July 14, 2005 meeting be cancelled and rescheduled for July 21, 2005 as he will be in Washington on that date. Mayor Space agreed to change the July meeting date to July 21, 2005.

Mr. Parrott also asked that these three ordinances be discussed at a July 21, 2005 daytime workshop.

Mr. Parrott moved to introduce on first reading Ordinance 2005-13 entitled “AN ORDINANCE TO AMEND CHAPTER XIII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE, BEING THE ZONING CHAPTER”, FINAL HEARING DATE OF JULY 21, 2005.

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

NEW BUSINESS
Mr. DeBoer moved to adopt on final reading, Ordinance 2005-11, entitled “AN ORDINANCE APPROPRIATING THE SUM OF $116,000 FOR IMPROVEMENTS TO THE MUNICIPAL BUILDING”.

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. As there was no one 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 Zitone Contruction Co., Inc. of Montague, NJ, in the amount of $537,000, in accordance with their bid submitted on June 6, 2005 for Municipal Building Improvements.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to introduce on first reading Ordinance 2005-09 entitled “AN ORDINANCE OF THE TOWNSHIP OF WANTAGE ACCEPTING THE STREET KNOWN AS ROBERTS WAY”, FINAL HEARING DATE OF JULY 21, 2005.

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

Mr.Parrott moved to introduce on first reading Ordinance 2005-15 entitled “AN ORDINANCE AMENDING CHAPTER XXI, FEES, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE”, FINAL HEARING DATE OF JULY 21, 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 June 9, 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.

A resident asked for clarification of the land use recommendation for an ordinance for a qualifying map for residential cluster development. Mr. Garofalo and Mr. Parrott explained the rationale behind this proposed ordinance.

Tom VanHook, North Shore Lane, asked about the COAH meetings being held with Sussex Borough and if these meetings were open to the public. Mr. Parrott explained that these meetings are in the infancy stage between the two municipalities and are not considered open public meetings at this time since all members of the Township Committee are not present.

Discussion ensued regarding the 1% developer’s obligation for COAH.

Since there was no one else from the public who wished to come forward, Mayor Space closed the meeting to the public and returned to the regular order of business.

Mr. DeBoer made a motion to enter into executive session. Mr. Parrott seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

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