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 DECEMBER 28, 2006

Mayor Jeffrey Parrott called the regular meeting to order at 8:00 p.m., and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present: Mayor Parrott, Committee members DeBoer, Space. The following members were absent: None. Also present: Township Attorney Richard Clark

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

CONSENT AGENDA
Mayor Parrott 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 Parrott requested approval of the Consent Agenda.

APPLICATIONS
Mr. Space moved to approve Junkyard License Renewal for Charles and Annette Meissner for calendar year 2007 on Block 117, Lot 33 (County Route 565)
Mr. DeBoerseconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Kennel License Renewal for Roger & Ellen Titus d/b/a Highpocket Hounds for calendar year 2007 on Block 139, Lot 19 (1167 Route 23)
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Soil Removal License Renewal for calendar year 2006 and 2007, for Van Decker Brothers on Block 21, Lot 8, 9, 36, 37, and 38
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. Space moved to approve Appropriation Transfer Resolution dated December 28, 2006.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Payment of Bills for the meeting of December 28, 2006.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to renew Interlocal Services Contract with Sussex Borough to provide Construction Department, Fire Prevention, Zoning and Property Maintenance Inspection services in calendar year 2007, and authorized the Mayor to sign the 2007 agreement.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the Mayor to sign the renewal agreements for interlocal services, providing Dog Pound service to Franklin Borough, Hamburg Borough, Newton Town, Stillwater Township, and Lafayette Township for calendar year 2007.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the Mayor to sign the renewal agreements for interlocal services, providing Animal Control service to Franklin Borough, Hamburg Borough, Newton Town, Stillwater Township, Hampton Township and Montague Township for calendar year 2007.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to reimburse $612.73 for tax overpayment on Block 87 Lot 11, to NRLL East, LLC.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize transfer of tax overpayment in the amount of $674.87 from Charles and Colleen Bennett to Stephen and Lillian French.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve reimbursement of $674.87 for tax overpayment on Block 14 Lot 3.02 to Stephen and Lillian French.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve reimbursement of $121.80 for tax overpayment on Block 133 Lot 13, to Robert and Dawn Johnson.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve reimbursement of $351.48 for tax overpayment on Block 36 Lot 2.08, to Alex and Irina Blekher.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the Mayor to approve cancellation of tax overpayment on various properties identified on Resolution dated December 28, 2006, totaling $692.10.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ADMINISTRATOR’S REPORT
2007 Open Space Plan.
Mr. Doherty informed the Committee that the Township Open Space plan becomes an element within the Master Plan. The Open Space Advisory Committee has recommended that the Township hire Morris Land Conservancy to draft the open space plan for 2007. This service comes with a fee of $13,000 that can be offset by an ANJEC grant match of $6,500, causing a net impact on the tax payers of $6,500. Mayor Parrott commented that the Morris Land Conservancy is highly regarded in the State and would recommend the Land Use Board consider using their services as it would be beneficial to the Township both now and in the future.

Fire Command Agreement and Memorandum of Understanding.
Mr. Doherty informed the Committee that outgoing Wantage Township Fire Chief Scott Haggerty and outgoing Sussex Borough Fire Chief Bob Stormes have brought to Wantage Township a five year contract recognizing interaction between the two Fire Companies as first responders and applauded both men for their efforts.

Mr. DeBoer moved to authorize the Mayor to sign the the Fire Command Agreement and Memorandum of Understanding between Wantage Township, Wantage Fire Company and Sussex Borough Fire Company for the years 2007 through 2011.
Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Doherty further informed the Committee that the Sussex Fire Department has requested that the terms of the agreement be ratified through an ordinance, but would like to take a wait and see approach , to see if a written presentation can clarify their desires in this regard.

Mr. Doherty informed the Committee that he has supplied the Committee with a memorandum dated 12/28/06, regarding the recent issues surrounding Wantage Township Animal Control, for their information.

At this time, Angela Prestipino, 1 Libertyville Road, entered the meeting and Mayor Parrott took a moment to explain to her that the Committee could not authorize her Liquor License transfer this evening as the Township is still awaiting the Tax Clearance Certificate from the New Jersey Division of Taxation; but saw no problem approving the transfer once she has received this necessary documentation.

ATTORNEY’S REPORT
Mayor Parrott requested Mr. Clark to give the Attorney’s Report. Mr. Clark requested a brief executive session to discuss the Township’s response to threats which had been posted on a public forum toward several Wantage officials, said discussion to take place under attorney client privilege. Mr. Clark informed the Committee that the CJS litigation is scheduled for consideration of Summary Judgment on January 19th, 2007. Mr. Clark will be seeking a hearing.

Mr. Clark informed the Committee that he will be sending letters to the Prosecutor’s office tomorrow offering a factual outline regarding Mr. Gettler’s past accusations against the Township. Mr. Clark asked for the Committee’s approval and for any pertinent individuals the Committee and Administrator would like copied on this communication.

Mr. Doherty added that he has been in contact with Township Prosecutor, William Haggerty, who provided updates that there was a conviction regarding the Crigger Road noise complaint.

Mr. Doherty also informed the Committee that Mr. Haggerty will most likely be recommending that our Township Ordinance regarding vicious dogs be updated to match the more stringent state statutes.

COMMITTEE REPORTS
Mr. Space informed the Committee that Beemerville received their new Pumper Truck and that the Township contributed $200,000 and the Fire Company incurred at $120,000 loan to fund the purchase. Mayor Parrott requested Mr. Doherty send a letter to the Fire Company congratulating them on the new pumper and thanking them for their hard work.

Mayor Parrott informed the Committee that the Township is in sound financial shape as year-end approaches and Ms. LaStarza confirmed this statement.

Mayor Parrott took an opportunity to publicly thank Mr. DeBoer and Mr. Space for a fine year and spoke of how well the three have worked together for the greater good of the Township. Mayor Parrott also took an opportunity to publicly thank Mr. Clark for his many years of fine, professional service.

Mayor Parrott stated that between himself, Mr. DeBoer, Mr. Space, Mr. Doherty and Mr. Clark, he takes pride that this group has always been available to the public and given a quick and accurate response to questions or concerns, regardless of whether it was what they were hoping to hear.

OLD BUSINESS
There were no items to be discussed under Old Business at this time.

NEW BUSINESS
Final Adoption of Ordinance 2006-20: Open Space Trust Fund
Mr. Space made a motion to adopt on final reading, Ordinance 2006-20, entitled “AN ORDINANCE TO CREATE AN OPEN SPACE TRUST FUND FOR THE TOWNSHIP OF WANTAGE.” Prior to adopting the ordinance, Mayor Parrott opened the meeting to the public for any questions or comments with respect to the proposed ordinance. Since there was no one from the public who wished to come forward, Mayor Parrott closed the meeting to the public. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

APPROVAL OF MINUTES
Mr. Space made a motion to approve the minutes of the Mayor and Committee of the Township of Wantage held on December 14, 2006, Regular and Executive Sessions.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

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

Anne Smulewicz, 108 Route 23, asked Mr. Clark if he were able to comment on which piece of property would be used as an alternate regarding the CJS lawsuit. Mr. Clark informed Ms. Smulewicz that there was recent land use approval on the Rivlin Property located at McCoys corner. Mr. DeBoer added that this piece will be producing more affordable housing units than required and is situated in a Hamlet area as outlined in the Township’s Strategic Growth Plan. Mayor Parrott informed Ms. Smulewicz that the Committee is not against development, but feels it is in the Township’s best interest to oversee location of such development. These responses were made in general and not as a direct answer regarding the pending litigation with CJS. Ms. Smulewicz also asked the Committee if there was any further discussion regarding the development of the airport property. Mr. DeBoer and Mr. Space informed that there is no land use application pending. Mr. Doherty informed the Committee that he recently spoke with Paul Stiger, who stated that was no contract or negotiation pending for that site at this moment.

As there was no one else from the public who wished to come forward, Mayor Parrott closed the Open Public Session.

Mr. Space made a motion to enter into executive session, as follows:
WHEREAS, the Open Public Meetings Act, P. L. 1975, Chapter 231 permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Committee of the Township of Wantage, that the public shall be excluded from discussion of the following matter(s): Attorney Client Privilege regarding the Township’s position in response to threats made against municipal officials, and Pending litigation involving CJS Investments. BE IT FURTHER RESOLVED that Minutes will be kept on file in the municipal clerk’s office, and once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes shall be made public.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

After meeting in closed executive session, Mayor Parrott declared the meeting reconvened into regular session.

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

Mayor Parrott declared this meeting to be adjourned at 8:49 p.m.

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James R. Doherty, Administrator/Clerk