MINUTES OF THE 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 APRIL 26, 2007

Mayor William DeBoer called the Regular Meeting to order and requested the Clerk to call the roll. Upon roll call, the following members of the governing body were present:
Mayor DeBoer, Committee members Parrott and Space
The following member was absent: None

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

CONSENT AGENDA

Mayor DeBoer 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 DeBoer requested approval of the Consent Agenda.

CORRESPONDENCE

Mr. Space moved to approve for filing a letter dated April 1, 2007 from the New Jersey Ride Against Aids, informing of their annual bicycle ride from High Point to Cape May during the weekend of September 28-30, 2007. Mr. Parrott seconded the motion. Upon roll Call
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

APPLICATIONS

Mr. Space moved to approve the applications:

Raffle License RA07-15, to the Beemerville Fire Department Ladies Auxiliary to conduct an On Premise Merchandise Raffle on June 1, 2007

Raffle License RA07-16, to the Beemerville Fire Department Ladies Auxiliary to conduct an On Premise 50/50 Raffle on June 1, 2007

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

Mr. Space moved to approve the applications for membership in the Wantage Township Fire Department, for
Daniel Kuperus of 29 Dyer Road,
Richard Smith of 63 Haggerty Road and
Mike Luongo of 63 Alder Terrace.

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

RESOLUTIONS

Mr. Space moved to endorse amendment to the Employee Handbook, confirming Township policy for hiring part time temporary snow plow operators in response to winter storm emergency situations, as needed to respond in times of a declaration of emergency.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to confirm the appointment of Amy Heater as permanent Municipal Court Attendant for Wantage Township, in accordance with Civil Service rules and requirements, at a rate of $3000 per annum for 2007. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to award Bid for Utility Improvements at Woodbourne Park to Maple Construction Company of Dover, New Jersey, in the amount of $53,107.00.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the refund of Veteran’s Tax deductions for the years 2005 and 2006 on Block 138 Lot 10.05 in the amount of $500.00 to Daniel Stoll.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the refund of overpayment on Construction Permit 07-116 for Block 121 Lot 3.33 in the amount of $1.00 to Ed Scholz.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the refund of an overpayment of a COH Resale Fee on Sussex Borough Block 404 Lot 11 in the amount of $150.00 to Robin Stewart.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the refund of a duplicate building permit fee on Block 18 Lot 11 in the amount of $147.00 to Carole Curtis. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the refund of escrow funds involving completed land use applications to TLNC in the amount of $1,758.50 and to Omnipoint in the amount of $1,705.57.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

MAYOR’S PROCLAMATIONS:

Mayor DeBoer offered the following proclamation on behalf of David Berardi:

WHEREAS, David Berardi has achieved the rank of Eagle Scout, which represents an accomplishment of high regard within the Wantage Community, and

WHEREAS, as a member of Boy Scout Troop 97 since the year 1996, David has held numerous Leadership positions in the troop, including Librarian, Instructor, Assistant Patrol Leader, Assistant Senior Patrol Leader, as well as Patrol Leader, and

WHEREAS, David has distinguished himself by earning 28 merit badges during his Boy Scout career, as well as through on-going service to his community, including his Eagle Scout Project for which he created a playground for young members of his church, St. Frances de Sales Roman Catholic Church, and

WHEREAS, David, who is currently completing his senior year at High Point Regional High School, has actively participated in leadership positions for his Troop activities and has provided mentoring for many younger Boy Scouts, and

WHEREAS, such a fine record of accomplishment is worthy of praise and recognition,

NOW, THEREFORE, I, William DeBoer, Mayor of the Township of Wantage, hereby offer my congratulations to David Berardi for achieving the rank of Eagle Scout, and

BE IT FURTHER PROCLAIMED that the entire Wantage Community is hereby encouraged to join in the recognition of this fine accomplishment.

Mayor DeBoer offered the following proclamation on behalf of Richard Gangloff:

WHEREAS, Richard Gangloff has achieved the rank of Eagle Scout, which represents an accomplishment of high regard within the Wantage Community, and

WHEREAS, as a member of Boy Scout Troop 97, Richard has held numerous Leadership positions in the troop, including Assistant Patrol Leader, Assistant Senior Patrol Leader, Patrol Leader, Senior Patrol Leader, Junior Assistant Scoutmaster and Den Chief, and

WHEREAS, Richard has distinguished himself by earning 48 merit badges during his Boy Scout career, as well as through on-going service to his community, including his Eagle Scout Project for which he created a community volleyball court at Woodbourne Park in Wantage Township; and

WHEREAS, Richard, who is currently completing his sophomore year at Pope John High School, has actively participated in leadership positions for his Troop activities and has provided mentoring for many younger Boy Scouts, and

WHEREAS, such a fine record of accomplishment is worthy of praise and recognition,

NOW, THEREFORE, I, William DeBoer, Mayor of the Township of Wantage, hereby offer my congratulations to Richard Gangloff for achieving the rank of Eagle Scout, and

BE IT FURTHER PROCLAIMED that the entire Wantage Community is hereby encouraged to join in the recognition of this fine accomplishment.

ADMINISTRATOR’S REPORT

Mayor DeBoer requested Mr. Doherty to give the Administrator’s report. Mr. Doherty informed the Committee of the following:

Award of Bid:
DPW Utility Tractor: Results of Bid Opening on 4/20/07 shows Warren County Service Center bid at $52,530, and S&L Equipment Bid at $54,499. S&L has submitted a letter of concern regarding bid of Warren County Service regarding specifications. Mr. Doherty is satisfied that the specifications have been met. Mr. Doherty stated that the certification of available funds has been provided by the CFO.
Mr. Parrott moved to award a contract for DPW Utility Vehicle to Warren County Service Center in the amount of $52,530.00. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Road Side Memorials:
Mr. Doherty asked the Committee to see a letter received April 24, 2007, regarding concerns about roadside memorials. Mr. Doherty has so far taken the position that the issue of dispute involves a civil matter between the individuals who wish to establish and maintain the memorial, and the property owner who objects to it. Mr. Garofalo informed the Committee that if they wish to take a stance on this matter, first they would have to adopt an ordinance allowing or disallowing roadside memorials. The Committee agreed that this situation is unfortunate and feels for the grieving families, but do not believe the matter rises to the level of action regarding an enforceable ordinance. The Committee asked Mr. Doherty to write a letter to the resident removing the road side memorials.

Spreen Road:
After receiving input from Harold Pellow, there is not sufficient evidence to support a claim that the condition of the road was created solely from extensive use of heavy equipment and vehicles from developers, so the costs of improving this road will need to be borne by the taxpayers. Mr. Pellow has provided a cost estimate for this work, which will require extensive reclamation of the road and major drainage improvements. Mr. Doherty reported that these costs have been included in the proposed Bond Ordinance being considered this evening. Mr. Pellow has inspected the condition of the road and considers it to be in need of improvement but not at a point of being impassable or unusable.

Request for Release of Maintenance Bond:
A difference of opinion has surfaced between Harold Pellow and LVAJ regarding what actions the developer is responsible for performing before the Township offers release of 2 year maintenance bond on Mountain View Drive Estates. Specifically, LVAJ contends that they cleaned inlet channels upon dedication of roadway and now any further cleaning should be responsibility of Township; Pellow contends that cleaning the inlets comes under the maintenance bond and LVAJ should do this before the bond is released. Other point of contention: LVAJ contends that the trees planted now exist on individual private lots and are no longer responsibility of developer; Pellow contends the trees are responsibility of the developer and that is why the bond money was posted for this in the first place. This may be a moot point if the trees are indeed living and doing OK. Mr. Doherty suggests the Township invite both LVAJ and Pellow to attend the May 10 meeting; by that date, perhaps condition of trees can be ascertained; by that date, LVAJ should remove tree stakes and ropes. By that date, Pellow, Garofalo and LVAJ should work out who is responsible for cleaning the inlets. If an agreement can be reached regarding this matter, it might not even be necessary for all parties to attend the meeting. The Committee agreed with this suggestion.

Maintenance of Abandoned Cemeteries:
A resident of Slate Hill, NY, offers observation that New York State towns are obligated by law to clean abandoned public cemeteries; requests consideration of similar local law being adopted in Wantage Township. Mr. Doherty believes the cemeteries in Wantage Township are private, not public, but unsure of the distinction in this regard, and cost would be a factor. No action was taken on this matter.

Dog Park Parking Lot Expansion:
There is insufficient parking at the dog park and the dog park committee is looking into a fund raiser to increase the parking. Mr. Pellow is looking into what would be involved.

Dog Pound Expansion Project:
It will cost approximately $3,500 to pay experts for sound minimization at the dog pound.

Permanent Bond Sale:
The Committee agreed by consensus with permanent bonding.

Sussex County Habitat for Humanity:
Mr. Doherty informed the Committee of a concept proposal for rehabilitating the Gail Fatum home, destroyed by a fire. Mr. Garofalo will send a letter to the Township Planner to see if additional units planned would qualify as affordable housing units.

Vehicle Replacement Program:
Mr. Doherty requested an executive session to discuss negotiations position with Sussex Borough on financing of joint Fire Department vehicle replacement program. The first aid squad had has specs ready for ambulance, and that purchase is included in tonight’s bond ordinance.

ATTORNEY’S REPORT

Mayor DeBoer requested Mr. Garofalo to give the Attorney’s report.

Mr. Garofalo informed the committee of recent DEP issues concerning development in our area. The DEP regulates and development within 300 feet of a category 1 waterway. Mr. Garofalo would like to discuss, during executive session, how this may affect some pending litigation.

COMMITTEE REPORTS

Mayor DeBoer informed the Committee that he attended the Atlantic City Conference of Mayors and specifically seminars regarding Smart Growth and affordable housing obligations. Mayor DeBoer informed the committee that an affordable housing unit could be lost if a property goes into foreclosure, and in many instances, the municipality has no knowledge of the loss until the foreclosure is complete. Mayor DeBoer did ask for credit for Farmland Preservation at this meeting, but received no answer on the subject. Mayor DeBoer also suggested that the Township look into any grant programs which may be available for Smart Growth.

Mr. Parrott informed the Committee that Frank DeBoer stopped to see him regarding a problem on 64 Snover Road with draining issues. Mr. and Mrs. DeBoer were present at the meeting and informed that their concerns can be addressed during the public session. Mr. Doherty advised that Mr. Pellow has met with the DeBoer’s in the past and feels that their property will always flood during rainfalls as heavy as the Township recently received.

OLD BUSINESS
None

NEW BUSINESS

General Amusements LLC Request For Audience - Mr. Edward Mainardi Jr. requested an audience with the governing body to discuss potential expansion of amusement game uses at the Wantage Plaza. General discussion took place regarding Mr. Mainardi’s request. Although NJ law requires his business be designated an “amusement park”, it is first up to the Committee to decide whether they would allow such activity in Wantage Township. Mr. Mainardi was very specific that it would not be changing activities other than adding one more attended attraction, but would allow him to change the pay out for prizes to be progressive, or to have an activity not pay out at all.

Mr. Parrott expressed concern that with three high schools existing within a seven mile radius, this type of activity may be hard to oversee without a local police force. Mayor DeBoer asked Mr. Mainardi if he were willing to pay the costs associated with putting this question on a referendum. Mr. Mainardi was unsure. Mayor DeBoer informed Mr. Mainardi that the Committee will consider this request and have an answer at the next meeting. Mr. Space asked what time his operation would close. Mr. Mainardi informed that he would keep his present hours of 10:00 p.m. during the week and 12:00 a.m. on weekends.

Outdoor Event License Application: Franklin Sussex Auto Mall - Mr. Doherty noted for the record that representatives of Franklin Sussex Auto Mall are not present at tonight’s meeting, so the hearing on their application may move directly to a motion to deny. Mr. Doherty recommended such a motion be made.

Mr. Space made a motion to deny the outdoor event application of Franklin Sussex Auto Mall for a truck crushing event. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Introduction of Bond Ordinance: Ordinance 2007-08

Mr. Space moved to introduce on first reading, Ordinance 2007-08, entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF WANTAGE, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $1,916,476 THEREFOR AND AUTHORIZING THE ISSUANCE OF $1,820,653 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” Final hearing date set for May 10, 2007. Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Capital Budget Amendment: Ordinance 2007-08

Mr.Space moved to approve the capital budget amendment to include Ordinance 2007-08.
Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None
 PAGE SIX OF THE MINUTES OF APRIL 26, 2007
Approval of Minutes

Mr. Parrott made a motion to approve the regular and executive session minutes of the meeting of the Wantage governing body held on March 29, 2007, regular and executive sessions and April 5, 2007, regular session. Mr. Space seconded the motion. Upon Roll call:
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

OPEN PUBLIC SESSION

Mayor DeBoer opened the meeting to the public for any questions or comments.

Mrs. DeBoer, 64 Snover Road, offered her opinion that the drainage problems on her property are a direct result of development and did not occur naturally until the home at 65 Snover Road was built. Mrs. DeBoer provided pictures and a video tape for the Committee to review.

Joan Gengaro, 2 Horizon Court, Clove Hill Manor, asked that the Township find the funds to employee the sound engineer, and asked that she be kept informed of their decisions regarding the dog pound improvement project.

Anne Smulewicz, Route 23, opposed to any addition for housing other communities’ dogs. Mr. DeBoer reminded the public that the interlocal agreements help offset the cost of the pound for Wantage Township residents.

As there was no one else who wished to come forward, Mayor DeBoer closed the meeting to the public.

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 matters: pending litigation, personnel matters, current negotiations for vehicle replacement plan. 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. Parrott seconded the motion. Upon roll call,
Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

After meeting in closed executive session, the members of the governing body reconvened in open session and continued with the regular order of business.

Mr. Parrott made a motion to end the Interlocal Service Agreement with the Borough of Ogdensburg for C.F.O. Services effective June 26, 2007.
Mr. Space seconded the motion. Upon roll call, Ayes: Parrott, DeBoer, Space Nays: None Absent: None Abstain: None

There being no one present wishing to speak, Mayor DeBoer closed the meeting to the public.

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

Mayor DeBoer declared this meeting to be adjourned.

________________________________
James R. Doherty, Administrator/Clerk