MINUTES OF THE WORKSHOP AND 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 MAY 25, 2006

Mayor Jeffrey Parrott called the meeting to order for the governing body of Wantage Township at 7:10 p.m.

Present: Mayor Jeffrey Parrott, Committee members William DeBoer and Parker Space. Absent: None.

Mayor Parrott stated, “This meeting is being held in compliance with the provisions of the Open Public Meetings Act, P.L. 1975, Chapter 231. It has been properly advertised, and certified by the Clerk”.

Mayor Kathy Little of Sussex Borough called the meeting to order on behalf of Sussex Borough and offered the statement of compliance with the provisions of the Open Public Meetings Act, P.L. 1975, Chapter 231 for the Sussex governing body. Upon roll call,
Present: Mayor Kathy Little, Council member Jonathan Rose
Absent: Council members Stendor, Fronheiser, Dykstra, Pierce, Ezzo

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

YOUTH IN GOVERNMENT PROGRAM
At this time, students from the Sussex Middle School conducted a meeting, acting as the various members of government for Wantage Township and Sussex Borough.

Mayor Parrott opened the floor to the members of the Wantage Township Governing Body, the Sussex Borough Council, an the Teachers who coordinate the Youth in Government Program, who offered statements of thanks and appreciation to the student participants.

Mayor Parrott and Mayor Little offered statements of thanks and appreciation to the student participants, and handed out certificates of commendation for all the students who participated in this program.

Mayor Parrott opened the meeting to the public for comments and questions regarding good and welfare of the Township of Wantage. As there was no one from the public who wished to come forward, Mayor Parrott closed the meeting to the public.

There being no other items for consideration of the governing body at this time, Mr. DeBoer moved to adjourn the workshop session for the Township of Wantage. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Space, Parrott Nays: None Absent: None Abstain: None
Mayor Parrott and Mayor Little declared the meeting adjourned at 7:55 p.m.

After a brief recess, 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’s Richard Clark and Michael Garofalo

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.

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

• Letter dated March 15, 2006 from Earl Snook, announcing his retirement from the firm of Ferraioli, Wielkotz, Cerullo and Cuva; announcing Mr. Tom Ferry as the main contact for Municipal Auditor as his replacement.

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

RESOLUTIONS
Mr. Space moved to award a contract to Blue Diamond Disposal for 2006 Bulky Waste Collection program, at a price of $216 per ton. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to award a contract to Hamburg Plumbing Supply Company in the amount of $5,632, to supply various materials for the Proposed Drainage Improvements project on Beaver Run Road (certificate of availability of funds is on file in the municipal clerk’s office). Mr. DeBoer seconded the motion.
Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to award a contract to Owl Contracting in the amount of $808,808, for the Improvements to Blair Road – Section II; Improvements to Sherman Ridge Road – Section IV; and Resurfacing a Portion of Old Clove Road (certificate of availability of funds is on file in the municipal clerk’s office). Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to award a contract to Samuel Stothoff Co., in the amount of $2,943, to pay for the cost of various materials for Site Improvements to Woodbourne Park Phase IV. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of Driveway Bond on Block 121 Lot 15.02 in the amount of $2,000. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of Building Permit paid in error to Liberty Builders in the amount of $1,654.40. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of tax payment due to tax appeal on Block 7 Lot 12 in the amount of $27,750. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of dog license fee paid in error to Theresa Reynolds in the amount of $2.00. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize refund of developer fee paid in error on Block 133 Lot 14.03 in the amount of $500. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ADMINISTRATOR’S REPORT
Mayor Parrott named Joe Coscia to the position of Alternate #1 on the Recreation Commission, for a term running through 12/31/2010.

Mr. Doherty asked the Committee to review a proposed draft for an ordinance for waiver of building permit fees for consideration at a later date.

General discussion took place regarding the State of New Jersey’s decision to terminate their roadside collection contracts for deer removal and the Township’s strategy for handling this. Mr. Doherty will do a cost analysis involving using a local contractor versus the public works department.

ATTORNEY’S REPORT
Mayor Parrott requested Mr. Garofalo to give the Attorney’s Report. Mr. Garofalo indicated that his items will be addressed during the New Business portion of the meetingg.

COMMITTEE REPORTS
Mayor Parrott discussed the tax collector’s collection rate to date; correspondence with Pat Day, Red Cross, regarding the possibility of applying for grants for the new roof needed at the school if it is re-designated as a fall out shelter; and an update on the status of seeking funding from the Land Trust in Washington for Unionville Road properties.

OLD BUSINESS
Wantage Dog Park Update – Mr. Baker, President of the Wantage Dog Park Association presented the bylaws of the Wantage Dog Park Association; informed the Committee that the Association met with the Recreation Commission regarding placement of the parking lot; and that donations are averaging $1,000 per day.

Hearing to Appeal Denial of Solicitor Permit: In accordance with Section 4-4.13 of the Revised General Ordinances of the Township of Wantage, Ms. Patricia Holt requested an audience before the governing body to appeal the Municipal Clerk’s decision to deny her application for a solicitor’s permit because there was a false representation on the application. Ms. Patricia Holt of Vernon addressed the Committee and asked that they issue the Solicitor Permit denied by Mr. Doherty. Mayor Parrott explained his concern that allowing her to receive her permit will set a precedent.

Mr. DeBoer made a motion to deny the Solicitor Permit of Patricia Holt. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

NEW BUSINESS

Ordinance 2006-09: Small Community Villages & Hamlets
Mr. Space made a motion to adopt on final reading, Ordinance 2006-09, entitled “AN ORDINANCE TO AMEND CHAPTER XIII OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE BEING THE ZONING CHAPTER.”

Mr. DeBoer seconded the motion. Prior to final roll call, Mayor Parrott opened the meeting to the public for any questions or comments with respect to the proposed Ordinance. Tom Mollica suggested ca minor change in wording within the ordinance dealing with age restricted unit requirements in the McCoy’s corner Hamlet. The members of the governing body agreed that this change should be made. John Nuss, 29 Beemer Road, spoke regarding the build out numbers on these hamlets. As there was no one else from the public who wished to come forward Mayor Parrott closed the meeting to the public and returned to the regular order of business. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Ordinance 2006-12: Growth Share Ordinance
Prior to a motion to adopt on final reading, Ordinance 2006-12, entitled “AN ORDINANCE AMENDING THE GROWTH SHARE ORDINANCE OF THE TOWNSHIP OF WANTAGE.” Mayor Parrott opened the meeting to the public for any questions or comments with respect to the proposed Ordinance.

Mary Lou Holczer, 2 Beemer Road, who has a minor subdivision at that address asked how many single family lots would be subject to the growth share ordinance. She was informed that there are 268 lots at this moment. Ms. Holczer said she thought all residents should share the burden and not just those applying for new construction.

Mr. Garofalo gave an overview of the new COAH requirements. For every eight homes built in the Township, Wantage will have the Constitutional obligation to construct one home for low and moderate income families. There are two ways to satisfy this obligation. One is for Wantage Township to the build houses itself, in essence, going into the construction business, or imposing a contribution process. As for the contribution, the Township can tax everyone or ask just the developer or land owner to pay.

Mayor Parrott gave statistics regarding tax increases if the Township were to spread the burden among all taxpayers. The increase would fall somewhere between $600 and $1500 per taxpayer. Chris Marnell, Crown Builders, expressed concern regarding the houses currently under contract. When the prices were agreed upon, the developer was planning on paying 1% of the contract cost of the house, now the Township is proposing adding another $18,000. Mr. Marnell suggested that the Township should access fees upon resale since that is where the real profit is made. Mr. Marnell was informed that the Township has no authority to tax a resale under the COAH obligations

Mr. Garofalo continued with his analsis of the potential financial impact the Township could face if the full obligation to provide for affordable housing obligations were to fall upon the taxpayers.

Alan Wolpert, Sussex South Associates, suggested a consortium of developers to help build the needed low income housing units, including those required by rounds one and two. Rick Honig, Hamburg, attorney for Sussex South, said his client is interested in providing Wantage Township’s share. Jim Smith, Planning Board, said the difficulty lies in our sewerage allocation problems. Anne Smulewicz, 108 Route 23, feels the new laws are just a reality the Township has to face. John Quinlan asked that anyone with a house under contract be spared the increased growth share and only be held to the 1% they have already figured on.

Mayor Parrott, discussed roll back taxes and road trust fund amounts already paid by the owners of existing lots and possible grace period consideration. John Nuss, suggested an Ad Hock Committee to fight the State of New Jersey. Steve Parry, Glen Road, suggested the Township let the State government come in and clean up the mess they have created. Doug Ricker, 91 Beemer Road, gave his thoughts regarding farmland preservation units being exempt from COAH. Ken Miebach, 134 Coykendell Road. also believes that anyone under contract should be exempt from the growth share and the Township should fight the state on this issue.

Mr. Doherty reminded the public that the Township agrees that having this obligation be retroactive is unfair, but that the State has mandated this requirement. Skip Ferguson, Resident, said he understands the situation the Township has been put in, and personally, he has a lot to lose. Mr. Ferguson spoke of declining market conditions and asked the Committee to review all possible solutions and not make a hasty decision this evening. Mark Smolen, Frankford Township, asked what other towns are doing. Mr. Clark gave an overview, but stressed that Wantage Township has more new construction than many other municipalities.

Jim Smith informed the public that 69 towns have already adopted growth share. Ms. Holczer asked what Mr. Clark meant when he said the payment amount was negotiable. Mr. Clark informed her that only payment in lieu of construction in section 4b is negotiable. Mr. Nuss spoke of economic development.

Mr. DeBoer took a moment to address the public to state that the Committee must represent everyone and not just one particular group, such as the developers, in trying to find a fair solution. Mr. DeBoer firmly stated that he cannot support the costs be shared by all tax payers. Don Frost who recently moved from Wantage said this ordinance will hurt the housing market and all residents should share the burden as all will suffer from decreased market prices. Clara Nuss, Beemer Road, said the growth share number is too high for an individual landowner wishing to build one home. Mr. Garofalo informed the public that round three obligations cover the period from 2004 to 2014. Mr. Doherty informed the Committee that he agrees that if the Township chooses to fight the state, the Township can certainly do so, but this cannot be a strategy regarding the Township’s COAH compliance.

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

Mr. Space made a motion to carry the adoption of Ordinance 2006-12 to the meeting of June 8, 2006. 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 meeting of the Mayor and Committee of the Township of Wantage held on April 27, 2006 (regular and executive); May 4, 2006; May 8, 2006; May 11, 2006; and May 12, 2006.
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 thanked the Committee on behalf of the School Board for attempting to find alternate methods of completing the needed roof repairs. As there was no one else who wished to come forward, Mayor Parrott closed the meeting to the public and returned to the regular order of business.

EXECUTIVE 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 involving pending litigation and attorney client privilege, 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: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

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

There being no other items for the consideration of the governing body at this time, 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 10:45 p.m.

__________________________________
James R. Doherty, Administrator Clerk
Township of Wantage