MINUTES OF THE WORK SESSION 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 OCTOBER 26, 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 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."

• Letter dated October 14, 2006 from Charles Gerth, 197 Neilson Road, expressing concern with noise being generated by neighbors.
• Letter dated October 14, 2006 from John Chupak, 183 Neilson Road, expressing concern with noise being generated by neighbors.
• Public Notice changing the date for the meeting of the Mayor and Committee of the Township of Wantage from November 9, 2006 to November 2, 2006
• Letter dated October 20, 2006 from New Jersey Department of Environmental Protection, informing that Wantage Township has received $28,728.82 as FY 2007 Payment In Lieu of Taxes for state and Non-profit owned open space in Wantage Township.

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

APPLICATIONS
Mr. Space moved to approve Bingo License BL07-01, for Beemerville Volunteer Fire Department, to conduct Bingo games on various dates during 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 approve Application for Use of Township Facilities, by Deckertown Union Cemetery Board of Directors, seeking permission to use the Wantage Township municipal building on 11/1/06 from 4:30 pm to 6 pm.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to approve Application for membership in the Beemerville Fire Company for Gregory A. Perry Jr. of Old Clove Road, and Mark E. Snook of Holland Road. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. Space moved to accept the project entitled “Improvements to Sherman Ridge Road – Section IV, as per recommendation of the Municipal Engineer dated 10/24/06.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to accept the project entitled “Improvements to Blair Road – Section II, as per recommendation of the Municipal Engineer dated 10/24/06.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize release of soil erosion and driveway bond for Block 143 Lot 8.04 in the amount of $5,500, based on successful completion of work authorized.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize reimbursement of $4,000.00, representing release of soil erosion and driveway bond on Block 301.04, Lot 279.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize reimbursement of $2,000, representing release of driveway bond on Block 143, Lot 6.03.
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 overpayments on various properties, as per resolution dated October 26, 2006.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mayor’s Appointments
The members of the governing body acknowledged Mayor Parrott’s appointments as follows: Evelyn Baig to fill an opening on the Recreation Commission through 12/31/10; Louise Macherone to fill an opening on the Recreation Commission through 12/31/09; Lorraine Card to fill an opening as Alternate #1 on the Recreation Commission through 12/31/10.

ADMINISTRATOR’S REPORT
Mr. Doherty informed the Committee of a letter he received from Bernice Badja and asked for clarification of the DPW contract regarding a clause which, under certain circumstances, provides for additional sick days. The Committee discussed the policy and agreed by consensus that the policy is specific and the additional time would not apply to Ms. Badja’s absence.

Mr. Doherty provided the Committee with an information update regarding the Dog Pound facility. Mr. Doherty has submitted a grant application to NJDCA for funds to expand the Wantage Township Dog Pound and construct an isolation room.

Mr. Doherty provided the Committee with an information update regarding the fuel pump upgrade project. Mr. Doherty informed the Committee that if Sussex Borough decides to use the County of Sussex for its vehicle fuel needs, this will remove both the Sussex DPW and the Sussex Fire Department from using the Wantage Township supply, so the Township may not need to put in a new above ground storage tank at a cost of $34,000. However, regardless of Sussex Borough’s decision, the Township should proceed with an upgrade to the key system for the fuel pumps to provide proper accountability for the various users of the pumps. That part of the project will cost $18,000 and the Township does have enough money in the capital account to cover this expense with no additional tax burden. Mr. Doherty has also made an application for a grant to the NJDCA to help pay for this project and will keep the Committee posted on the outcome of the grant status.

General discussion took place regarding whether there would be any cost benefit in Wantage Township requesting use of the County fuel pumps rather than improve the Township’s own pumps. Mr. Doherty will do a cost analysis in this regard.

Mr. Doherty asked the Committee to see recommendation from the Township Engineer regarding the Card Road Stop Sign Request. The Committee asked the Township Attorney to draft an ordinance designating Nielson Road as a through street.

Mr. Doherty informed the Committee of a request for Grant Co-application with Wallkill River Wildlife Refuge. The Committee agreed to endorse Administrator’s action to authorize submission of grant application by Mr. Henry for control of invasive species of plant life likely to threaten the habitat of the Wallkill River Wildlife Refuge.

Mr. Doherty informed the Committee that he will meet with the Municipal Judge and State Police to detail the Wantage Township plan for Municipal Court Security in compliance with requirements of State of NJ. Since the Township has already implemented many of the measures outlined during a meeting held this week, the impact on the budget should be minimal.

Mr. Doherty asked for direction regarding the Township’s position on proposed long-term capital plan for Fire/EMS with Sussex Borough. The Committee agreed that until the Township receives as response to Mayor Parrott’s letter of October 10, there is no rationale to discuss the possibility of any new shared ventures.

Mr. Doherty informed the Committee that Vernon will be hosting a symposium on November 2 at 4:00 pm regarding Route 23 traffic corridor concerns. Mr. Doherty will be attending this meeting and reminded the governing body that is also the night or our rescheduled regular meeting should they also choose to attend.

ATTORNEY’S REPORT
Mayor Parrott requested Mr. Garofalo to give the Attorney’s Report. Mr. Garofalo informed the Committee of the status of the tax appeals resulting from the revaluation. Mr. Garofalo reviewed details of several appeals and informed the Committee that he feels that our Tax Assessor, Melissa Rockwell, was instrumental in many appeals being withdrawn by meeting with residents personally to discuss their assessment in detail.

Mr. Garofalo informed the Committee that best course of action regarding the Bicsak soil removal operation is to require Bicsak to make another application to Land Use Board so the resolutions regarding specifics of the operation is a matter of record. Should the use not be followed, then consideration could be given for this license to be revoked.

Mr. Garofalo informed the Committee that he has drafted an ordinance for the Township to accept Dunn Place and recommends that we not refund any balance which may remain in Mr. Dunn’s escrow.

COMMITTEE REPORTS
Mayor Parrott informed the public that the DPW contract ratified and signed last week and resulted in a 4%, 4% and 3.75% increase over the next three years; hospitalization remains the same; and health benefits for retirees has been done away with for any new employee.

Existing employees who reach the age of 65 and have 25 years of service are required to apply for Medicare Part B and will receive a stipend of $2,000 per year to offset the cost of a supplemental health insurance policy should they choose to obtain one privately.

Mr. Parrott addressed the public regarding erroneous comments made in the Sunday Herald relative to negotiations with Sussex Borough for consolidating the two municipalities. The Township never broke off negotiations with Sussex Borough, nor will the Township suffer a tax increase if Sussex Borough makes a decision to withdraw from their interlocal service agreements with Wantage Township. Mayor Parrott stated that it would be unfortunate for both communities if new legislation requires consolidation without the additional tax saving incentives which may be available through voluntary mergers.

OLD BUSINESS
Telephone Bills: Mr. Doherty presented a proposal for reducing telephone costs at Wantage Town Hall. A one-year contract was presented to reduce telephone costs and obtain immediate cost reduction with no long-term commitment.

Mr.DeBoer moved to authorize the Mayor and Clerk to enter into a contact with Cooperative Communications for one-year for toll and long distance service.

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

Request for reimbursement of legal fees: Mr. Doherty asked the Committee to consider a request made to have legal fees reimbursed to a former employee. Mayor Parrott asked that this matter be discussed in executive session.

Gypsy Moth Survey Update: Mr. Doherty informed the Committee that a survey was completed by State Dept of Agriculture and a formal letter will be forthcoming in the next several weeks. The Wantage Township survey reveals “pockets” of gypsy moth egg masses, not enough to warrant full aerial spraying but perhaps too prevalent to not address in some manner. Mr. Doherty is advised that no federal funding is going to be made available in the coming year for gypsy moth spraying. Two options are available for consideration: either inform residents that it is a matter they should deal with on a private, as-needed basis, or budget some funds to conduct “surgical strikes” with a licensed tree care expert – not aerial spraying but spot spraying in vicinities identified on the map by the survey. Mr. Doherty asked the Committee to consider these option as he will put this back on the agenda once we receive the official letter of results from the State.

Improvement to Municipal Building Project: Mr. Doherty provided an update regarding his determination that Zitone Construction is in default of their contract to improve the municipal building.

Mr. Space moved to assess liquidated damages in the amount of $5,600 to Zitone Construction for their failure to complete the municipal building renovations on a timely basis. Mr.DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

NEW BUSINESS
Bear-Proof Garbage Cans: A member of the Wantage Township Board of Health suggested that the Mayor and Committee of the Township of Wantage might want to consider purchasing a supply of bear-proof garbage containers and making them available to the public at cost, which could lead to a cost savings by buying the containers in bulk as opposed to an individual member of the public purchasing them one at a time. The Committee agreed by consensus not to pursue this matter.

APPROVAL OF MINUTES
Mr. DeBoer made a motion to approve the minutes of the Mayor and Committee of the Township of Wantage held on October 5, 2006, and on October 6, 2006.
Mr. Space 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.

Frank Galligan, 43 New York Avenue, complained about dirt bikes driving on his property. Mayor Parrott will contact the schools and Mr. Doherty will post something on our web site regarding keeping dirt bikes and A.T.V’s off the private property of others. Mr. Galligan also complained of two stray dogs that have shown up intermittently on his property. Mr. Doherty took Mr. Galligan’s phone number and will ask Animal Control Officer John Abate to contact Mr. Galligan in this regard.

William Gettler, Gemmer Road, voiced concerns with his perception that Mr. Doherty was not providing a response to an OPRA request. Mr. Garofalo agreed with Mr. Doherty that asking for “all and any documentation” relative to a particular subject is not a valid OPRA request and that Mr. Doherty’s response to allow Mr. Gettler to come look through the Township files was a valid response to satisfy his OPRA request. Mr. Gettler then voiced concerns regarding the contents of old minutes relating to first and second round COAH documentation. Mr. Gettler provided the Committee with a packet of letters and photocopies.

As there was no one else from the public who wished to come forward, Mayor Parrott closed the meeting to the public at 9:14 p.m.

EXECUTIVE SESSION
Mr. DeBoer 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): Pending litigation involving CJS and the Rivlin Tax Appeal, and attorney-client privilege involving a request for reimbursement to a retired employee for legal fees incurred. 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. Space 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 reimburse legal fees to Gloria LiTrenta in the amount of $900.00.
Mr.DeBoer seconded the motion. Upon roll call,
Ayes: Parrott, Space Nays: DeBoer Absent: None Abstain: None

As there were 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 9:47 p.m.

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James R. Doherty, Administrator/Clerk