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 AUGUST 9, 2007

Mayor William DeBoer called the workshop session of the Mayor and Committee of the Township of Wantage 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.

Also present: Sussex Wantage School Superintendent Raymond Nazarro and School Board Secretary/Business Administrator Edward Izbicki.

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.

Interim Superintendent Raymond Nazarro and School Board Administrator Edward Izbicki informed the Mayor and Committee of what the Wantage School District has accomplished during the past year, including the following: All three roof repairs/replacements will be complete by the beginning of the school year and all have come in under budget. New math books that are both student- and parent-friendly have been purchased, also under budget. Bathroom partitions and cafeteria tables at the Lawrence School are being replaced. Enrollment is steady and remaining at the general level of 1700 students. The Board has been advertising for a permanent replacement for Superintendent, and Supervisor of Special Services; a new sound system is planned at the Sussex Middle School and new stage curtains at the Wantage School auditorium. The Board is presently looking for emergent relief to replace broken pipe along the stream. They are working with NJDEP, which has a slow approval process and is also working with FEMA for a grant for this project. Planned improvements have been made to the Honor Roll system. Test scores did improve this year, but they have not improved enough, a future goal. Staff negotiations begin this year. The Committee was invited to come see the Wantage School this year during the 70th year celebration.

Mayor DeBoer asked about the status of the school walkway from the kindergarten to main building at the Lawrence School. Mr. Nazarro informed Mayor DeBoer that in his opinion, this was never a safety or security issue as the children are never unattended, but more for protection from outside elements. That project has been looked into, but is still too expensive to be contemplated at this time.

Mr. Space suggested that any further roof replacements might be more durable if a small truss system was used rather than flat roofs. Mr. Space gave the Board credit for all their fine accomplishments this year.

Mr. Parrott suggested that they start the budget preparation process now and take into consideration how lower real estate prices and increased taxes will affect the public’s willingness to vote a budget where increases are not presented in a positive way, such as in tonight’s presentation. Mr. Parrott also asked that the “Alert Now” system be made available to various local resident contact persons in the event of a catastrophic event such as the recent bridge collapse which took place along the Mississippi River.

Mayor DeBoer opened the meeting to public. There was no one from the public who wished to come forward. The Committee thanked Mr. Nazarro and Mr. Izbicki for a well presented and informative discussion.

Mayor DeBoer adjourned the work session and took a brief recess.

Mayor William DeBoer called the regular meeting of the Mayor and Committee of the Township of Wantage 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 DeBoer, Committee members Parrott and Space. The following member was absent: None. Also present: Township Attorney Michael Garofalo.

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.

REPORTS

Mr. Parrott moved to approve the following reports for filing:

• Report of the Tax Collector for the month of July 2007
• Report of the Construction Office for the month of July 2007
• Report of the Board of Health for the month of July 2007
• Report of the Registrar of Vital Statistics for the month of July 2007
• Report of the Municipal Clerk for the month of July 2007

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

APPLICATIONS
Mr. Parrott moved to approve Application for Raffle License RL07-20, issued to Rotary Club of Wallkill Valley, for 50/50 Raffle to be held on December 13, 2007
Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve Application for Raffle License RL07-21, issued to Beemerville Fire Department Ladies Auxiliary, for Instant Raffle, from September 2007 through August 2008. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS

Mr. Parrott moved to approve Payment of Bill for the meeting of August 9, 2007.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize Tax Collector to cancel 2007 taxes for Block 155, Lot 1 because the property lot is now owned by a tax exempt entity (County of Sussex).
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize Change Order No. 2 to the Contract with Maple Construction for Utility Improvements at Woodbourne Park Phase IV, reducing the contract amount by $225.00.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to accept the clarifying E-mail message of 4/16/07 from Nicholas Frasche, establishing Mr. Frasche’s official retirement date to be June 6, 2008.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve Place to Place Transfer of Liquor License 1924-33-001-005 for Best of Sussex County Inc., t/a Airport Pub & Package, effective 8/10/07.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve renewal of liquor license 1924-33-002-002 for Bob & Joani’s Log Cabin LLC for the licensing term 2007-2008. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve Wantage Dog Park Rule #18, prohibiting use of Shock Collars at the park. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize submittal of 2008 Municipal Aid Grant Application to NJDOT for Reclamation of Central School Road – Section II in the amount of $150,000.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize 5 Year Special Emergency Appropriation in amount of $13,000 to pay for cost of Developing the Wantage Township Open Space Plan, as an element of the Wantage Township Master Plan. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 53.19, Lot 4, involving a tax overpayment of $766.50 to Ellen E. Smith. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 32, Lot 1 Q0144, involving a tax overpayment of $1,847.41 to Sussex South Associates, C/O Alan Wolpert.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 39, Lot 8.10 Q0014, involving a tax overpayment of $791.96 to John Vandergoot. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 39, Lot 8.11 00014, involving a tax overpayment of $845.22 to John Vandergoot.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 154, Lot 5.0, involving a tax overpayment of $1,840.33 to William & Florence Washer. Mr. Space seconded the motion.
Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 158, Lot 1.05, involving a soil erosion permit bond release for SH-05-15 of $2,500.00 to Kathyrn Herkert.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 52, Lot 16.07, involving a soil erosion permit bond release for 2007-SH-09 of $2,500.00 to Brink Road Builders.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to approve refund for Block 154, Lot 10.02, involving a tax overpayment of $1,674.59 to Thomas C. Zummo. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize the release of Performance Bond SO1478 in the amount of $13,725, dated August 11, 2007, for Block 1.01 Lot 23.07, 23.08 and 23.09, representing Driveway Surety bond, as per the letter dated August 8, 2007 from Harold Pellow.
Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Parrott moved to authorize Administrator Jim Doherty to sign and submit NJDEP Stream Encroachment Permit Application to proceed with culvert replacement on Central School Road. Mr. Space seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ENGINEER’S REPORT

Mr. Pellow reported the following to the Committee: Blair Road bids will be held Tuesday, August 14th and work should be done during Sept 1 to Dec 1, which should not interfere with any county projects on Route 23.

Central school reclamation bids will be held in September. The Road will be reclaimed from Route 23 to the new culvert

The DPW has completed drainage projects. Woodbourne Park well has been installed, tested and approved at 57 gallons per minute to accommodate the water cannon for irrigation. Grading for the access drive and parking lot should be complete by the 5K Run. Mr. Pellow will have to speak with Mr. Garofalo regarding the Spreen Road project. County bids for asphalt are coming in $60 per ton, rather than 63 to 70 if the co-op were not used. Mr. Pellow presented a map of the streams and waterways, which should be completed this week and will be forwarded to Mr. Doherty and the Committee at that time.

ADMINISTRATOR’S REPORT

Mayor DeBoer requested Mr. Doherty to give the Administrator’s report.

Animal Control Plan for 2008: Mr. Doherty asked the Committee to review a map of Sussex County which showed the current service area for Animal Control in the county, and the proposed plan for Wantage Township Animal Control in 2008. In the case of the Wantage Township animal control service, the Township is able to realize an economic advantage by offering our services to other municipalities. Mr. Doherty pointed out that any business venture eventually gets to a point where there is no longer an economic advantage to further expansion, and the economic advantage of interlocal service for animal control will reach its peak with the following proposed 2008 plan.

Mr. Doherty proposed the following course of action for the year 2008:

• By keeping the service area for Montague, Wantage, Sussex, Hamburg, and Franklin, Wantage Township will maintain most of its current coverage area and clients.
• Stillwater is geographically distant from Wantage, while Hardyston is geographically close. Eliminating Stillwater from the service area and accepting Hardyston will consolidate the service area into a contiguous geographic corridor in the county, and will reduce the operating costs for gasoline and vehicle maintenance.
• Newton, while not contiguous, is an established client that is already paying a premium fee for non-contiguous animal control service. It would make sense financially for Wantage Township to retain Newton as a client.
• Hampton does not currently utilize the Wantage Dog Pound, but does use Wantage animal control services. Mr. Doherty suggested offering services to Hampton with a premium attached, at a non-contiguous fee level. If Hampton agrees, Wantage will receive the benefit of additional revenue to cover the additional workload. If Hampton declines, then it is their decision to leave, rather than Wantage asking them to leave our services. Mr. Doherty suggested in the alternative simply not renewing the Hampton contract.

Mr. Doherty reported that, by his analysis, including Hampton for 2008 brings Wantage Township to the brink of the “law of diminishing returns” for the interlocal program. Wantage Township’s ability to accept any other municipal clients in the future would stretch manpower and resources beyond the point where Wantage would be realizing a benefit.

Mr. Doherty reported that the Total Revenues from the 2007 Animal Control Plan were $54,050, while the Proposed Revenues in the 2008 Animal Control Plan is $60,490 (add $9K if Hampton is included).

The Committee agreed by consensus with the corridor idea and suggested to just not renewing the contract with Hampton, to preserve the contiguous geographic service corridor.

Construction Department Interlocal Plan for 2008: Mr. Doherty informed the Committee that the interlocal contract with Sussex necessitates that Wantage Township provide Sussex with proposed costs of the 2008 interlocal construction department during the month of October 2007. Mr. Doherty asked the Committee to see his E-mail report dated 7/27/07 entitled “Staffing Plans for 2008” for a proposed course of action. The staffing pattern being suggested would amount to about an 8% budget increase, and therefore an 8% fee increase to Sussex Borough. Mr. Doherty asked the Committee to review the proposed staffing pattern and budget plan and be prepared to discuss at the September 13 meeting which will enable him to provide Sussex Borough with their cost figures in a timely fashion.

Upcoming work sessions: Mr. Doherty informed the Committee of the following:

• September 13: 7 pm, work session with the High Point Regional High School Board representatives for semi-annual update meeting.
• September 27: Work Session with representatives of Wantage Fire Dept. Wantage Fist Aid Squad, Sussex Fire Dept., Sussex governing body, and Vernon Twp. to discuss the existing 911 dispatch system, the 911 Feasibility Study that was recently conducted, and assess future strategies.

Gypsy Moths: Mr. Doherty informed the Committee that The NJ Department of Agriculture wishes to know if Wantage Township wants to participate in the Gypsy Moth Egg Mass Survey for 2008. The Committee agreed with Mr. Doherty’s recommendation to make this request.

Pre-petition Meeting Request: Mr. Doherty informed the Committee that as recommended by the Municipal Planner and the Land Use Board, Wantage Township sent a letter to the NJDCA requesting a Pre-petition meeting to discuss Center designation process.

Proposed NJDEP Rule for Category 1 Stream Impact: Mr. Doherty informed the Committee that Planner David Troast is working with Twp Engineer Harold Pellow to produce a letter of comments and questions to the NJDEP before the August 20, 2007, comment deadline regarding the proposed C-1 Stream Rule of the NJDEP as the potential impact on Wantage Township is huge, as covered in Mr. Pellow’s report.

ATTORNEY’S REPORT

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

Mr. Garofalo updated the committee regarding efforts to secure easements for the Blair Road project, indicating that the project would move forward without waiting for the condemnation process to secure the final easement.

COMMITTEE REPORTS: None

OLD BUSINESS

RESOLUTION REQUESTING THE SUSSEX COUNTY CLERK TO SUBMIT THE FOLLOWING NON BINDING REFERENDUM TO THE VOTERS OF THE TOWNSHIP OF WANTAGE AT THE GENERAL ELECTION OF NOVEMBER 6, 2007.

This Referendum will give the elected officials of the Township of Wantage the sentiment of the voters concerning the licensing of amusement games, whether of skill, chance or both, within the Township of Wantage. An amusement game is a game played purely for entertainment in which the person or player actively participates and the outcome is not in control of the operator. The prize or award to be given for participation in an amusement game shall be of merchandise only, of a retail value not in excess of $10,000 and the charge for the privilege of playing shall not exceed $10.00. An amusement game is conducted in such a manner that the sale of a right to participate, the event that determines whether the player wins or loses, and the award of the prize all occur in a continuous sequence at the time and place where the player is present. An amusement game must be operated at a licensed, commercial permanent business location open to the public which is designed and operated for the purpose of providing participatory amusements. If this Act is adopted by the Wantage Township Committee, the owner of the General Amusements, LLC will apply for a License to Operate Amusement Games in a portion of that existing commercial establishment. Other permanent, commercial establishments may also apply for licenses which must be issued only in accordance with New Jersey State Law, specifically N.J.S.A. 5:8-100 et seq.

Mr. Space moved to authorize Administrator Jim Doherty request the Sussex County Clerk to submit the above referenced referendum with a better interpretive statement, which Mr. Garofalo will prepare, to explain the proposal.
Mayor DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Space Nays: Parrott Absent: None Abstain: None

NEW BUSINESS

Introduction of Ordinance 2007-10: Zoning Violations
Mr. Space moved to introduce on first reading Ordinance 2007-10, entitled “AN ORDINANCE TO AMENDING CHAPTER 13 OF THE GENERAL ORDINANCES OF TOWNSHIP OF WANTAGE ENTITLED “ZONING”, SPECIFICALLY §13-26 ENTITLED “VIOLATIONS”. Final Hearing date set for September 13, 2007
Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Introduction of Ordinance 2007-11: Outdoor Furnaces
Mr. Space moved to introduce on first reading Ordinance 2007-11, entitled “AN ORDINANCE REGULATING THE INSTALLATION AND USE OF OUTDOOR FURNACES”. Final Hearing date set for September 13, 2007
Mr. Parrott seconded the motion. Upon roll call,
Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Approval of Minutes
Mr. Parrott made a motion to approve the regular meeting minutes of the meeting of the Wantage Governing body held on July 12, 2007.
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.

Anne Smulewicz asked what impact the CJS lawsuit will have on C-1 boundaries, now that development is imminent.

Mr. Garofalo informed Ms. Smulewicz and the public in general that just because the judge ruled that the land use board should approve the application does not mean that development is imminent; there are still many requirements CJS must meet before their development, as presented, will be approved by both the County and State of New Jersey.

General discussion ensued among members of the public regarding the how judges are chosen for certain cases, stringent EPA and DEP regulations for the CJS site. Mr. Garofalo stated that the decision regarding appeal of the judge’s decision in the CJS lawsuit rests with the Land Use Board, not with the governing body.

Mayor DeBoer stated that there have been no discussions, in fact, no meeting of the Land Use Board, since the article in the New Jersey Herald was published.

A resident presented the Committee with information regarding a DEP and Board of Health report regarding recent complaints from neighbors regarding use of his outdoor wood burning stove. General discussion ensued regarding whether or not it is fair for the Township to regulate such outdoor stoves and not indoor stoves.

Mr. Garofalo informed the public that Ordinance 2007-11 was just introduced tonight. Mr. Doherty suggested it would be best to reiterate these comments and concerns during the public hearing of this ordinance scheduled for September 13, 2007.

There being no one else from the public wishing to address the Committee, Mayor DeBoer closed the meeting to the public.

Mr. Parrott 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: attorney client privilege and pending litigation. 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 executive session, the Mayor and Committee returned to the regular order of business.

There being no other items for consideration at this time, Mr. Parrott moved to adjourn the meeting. Mr. Space 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, Clerk