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 JUNE 28, 2007

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

ADMINISTRATOR’S REPORT
None

ATTORNEY’S REPORT
Mayor DeBoer requested Mr. Garofalo to give the Attorney’s report.  Mr. Garofalo informed the Committee that a resident recently filed 42 court complaints against Wantage Township and all complaints were dismissed for lack of merit. 

Mr. Garofalo asked Melissa Rockwell, Wantage Township Tax Assessor to inform the Committee of a proposed settlement reached regarding the Sussex Regency Apartment tax appeal.  Ms. Rockwell informed the Committee that there is a tentative settlement to take the appraisal of 4.5 million to 4.4 million or approximately $5,500 based upon the 2007 tax rate.  Mr. Garofalo informed the Committee that Ms. Rockwell utilizes very good private appraisers which helped to settle the appeal.  Mr. Parrott thanked Ms. Rockwell for her hard work and thanked Mr. Garofalo for reaching a settlement which would not lead to litigation.

Mr. Parrott moved to authorize Mr. Garofalo to accept the proposed 4.4 million assessed value to settle the Regency at Sussex tax appeal pending.  Mr. Space seconded the motion.  Upon roll call,
Ayes: DeBoer, Space     Nays:None     Absent: Parrott     Abstain:None

COMMITTEE REPORTS
Mr. Parrott informed the Committee that DEP requirements necessitate the Sussex County MUA to lower phosphate levels in the Upper Wallkill Plant.  The MUA appealed the DEP findings, but the MUA must go back and reorganize/restructure according to DEP regulations.  This will result in a dramatic increase in sewer charges if a $4 million addition must be added to the sewer treatment plant.  Mr. Parrott also informed that the cost of individuals’ pumping their private septic systems will also increase.

Mayor DeBoer informed the Committee that he is still receiving complaints from residents regarding the noise from dirt bike races on Crigger Road.  The Court has fined the individual, but the races continue.  Mr. Garofalo will look into what the Township can do or contact our Municipal Prosecutor.

Mayor DeBoer informed the Committee that he was on a call for the Wantage First Aid Squad and responded to a call where an 8 year old boy fell into well. Mayor DeBoer informed the public that this incident did not result in serious injury, but wanted to make the public aware that shallow wells must be covered up and stressed the potential danger to area residents of abandoned wells.

OLD BUSINESS
None

NEW BUSINESS

Liberti’s Restaurant: 
Ed Vander berg, Construction Official and Nick Frasche, Assistant Construction Official and Code Enforcement Officer, Wantage Township, were present and asked that the record reflect that they are attending tonight’s meeting while on medical leave at the Committee’s request.

Mr. Vander berg and Mr. Frasche gave a brief overview of the problems they have been experiencing regarding their request for Liberti’s Restaurant to stop construction until a valid certificate of occupancy could be issued. Mr. Vander berg and Mr. Frasche explained that they had been working in good faith with Mr. Russell as he is new business operator in Wantage Township. They explained that they learned that Mr. Russell was doing construction when a contractor called to see which building permits had been issued. At that time they met with Mr. Russell and explained what Wantage Township requires regarding the renovations he was undertaking, especially those regarding state statutes relative to areas of assembly and ADA requirements. 

Since those meetings, Mr. Russell has submitted only incomplete documentation and deficient architectural plans and was issued a formal notice of denial from Mr. Frasche based upon these facts. 

Mike Plaza, Sussex County Health Department, was asked to review recent health concerns at Liberti’s Restaurant.  Mr. Plaza explained that he originally conducted a site inspection for the food aspect of the business based upon Mr. Russell’s application. At that time, there were no bacteria found in the water supply. On June 7, 2007, his office was first made aware of illnesses reported by patrons of Liberti’s Restaurant. Further investigation revealed that LiBerti’s last water test was performed in October, 2006, and his tests for coloform, which are performed by the owner and sent to the State, were delinquent. It was discovered that the chlorinator socket was not working, but within one hour Mr. Russell had a tanker of potable water on the premises and was allowed to continue to operate. The next day e-coli bacteria were found in the well and the water tested positive for norovirus. Mr. Plaza further informed the Committee that the illnesses were not related to the building renovations.

Anne Smulewicz, 108 Route 23, owner of the property where Liberti’s Restaurant is the tenant, addressed the Committee and stated her position that the tenant is responsible to meet all health and building requirements. She maintained that she was not aware of any problems and reviewed a cancelled check of Mr. Russell’s cashed by Wantage Township in payment of a building permit.
Mr. Frasche informed Ms. Smulewicz that this fee was for a zoning permit. Mr. Vander berg informed Ms. Smulewicz that he sent notices to Mr. Russell, tenant, and to the Smulewicz’s as the property owners of record.

Also present was Joe Greenaway, Board of Health Chairman. A brief discussion took place regarding the process involved with Liberti’s receiving a food handler’s license from the Wantage Township Board of Health. It was established that this particular license was issued without a certificate of occupancy and new procedures are being developed to insure this cannot happen in the future. Mr. Vander berg requested the Township Committee seek an order to Show Cause as Liberti’s Restaurant is not in compliance as of tonight’s meeting.

Mr. Space and Mr. Parrott expressed disappointment that Mr. Russell was not in attendance at tonight’s meeting since the areas of health and public safety are paramount to this Committee.

Mr. Space made a motion to authorize the Township Attorney to seek an Order to Show Cause, to compel the Restaurant to remain closed until violations have been abated and fines have been addressed.  Mr. Parrott seconded the motion.  Upon Roll call: Ayes: DeBoer, Parrott, Space            Nays:None  Absent:None  Abstain:None

At this time Mayor DeBoer opened the meeting to the public. 

Harry Boyle, 4 Bantry Terrace, asked if cooking surfaces were properly cleaned after the water problems were detected. Mr. Plaza informed that an acceptable cleaning process had been performed. Ed Scannavino, 47 Brown Road, expressed his belief that Mr. Vander berg has the power to lock Liberti’s Restaurant without seeking an order to show cause.

Mr. Vander berg informed the public that he prefers to handle this situation of non-compliance administratively as Wantage Township does not want to scare new business away.

Final Adoption of Ordinance 2007-09:  Potentially Dangerous Dog Fee

Mr. Space made a motion to adopt on final reading Ordinance 2007-09, entitled “AN ORDINANCE TO AMEND CHAPTER XXI OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE, AMENDING DOG LICENSE FEES FOR WANTAGE TOWNSHIP.” 

Prior to role call, Mayor DeBoer opened the meeting to the public for any comments or concerns regarding this ordinance. As there was no one from the public who wished to come forward, Mayor DeBoer closed the meeting to the public.
Mr. Parrott seconded the motion.  Upon roll call, Ayes: DeBoer, Parrott, Space
Nays:None  Absent: None       Abstain: None


Application For Person To Person Transfer:  Tara Inn Liquor License 
A Public Hearing took place on the application for transfer of Liquor License from NENEOC Holding Company LLC to The Tara Inn LLC.  Mr. Parrott reviewed concerns expressed by Administrator Clerk Jim Doherty regarding licensing of parking lot areas and lawn areas adjacent to a county highway.  The Governing body gave consideration to sketch resubmitted and made amendments which Lee Coenen, Owner, Tara Inn, was asked to initial.  Mayor DeBoer opened the meeting to the public for any questions or comments regarding this proposed transfer.  As there was no one from the public who wished to come forward, Mayor DeBoer closed the meeting to the public.
Mr. Space moved to approve the person to person transfer of Liquor License 1924-33-003-005.
Mr. Parrott seconded the motion.  Upon roll call, Ayes: DeBoer, Space. Nays:None. Absent: Parrott. Abstain: None

Mr. Space moved to renew Liquor License 1924-33-003-005 for the 2007-08 licensing term.
Mr. Parrott seconded the motion.  Upon roll call,
Ayes:   DeBoer, Space     Nays:  None     Absent: Parrott     Abstain:  None

Renewal of Trailer/Mobile Home Park License
Mr. Parrott moved to approve Raywood Campgrounds mobile home parks license effective June 1, 2007.  Mr. Space seconded the motion.  Upon roll call, Ayes:DeBoer, Space. Nays: None. Absent: Parrott. Abstain:None

Gypsy Moth Infestation
Mr. Parrott moved to adopt a Resolution Urging State of NJ to Take Responsibility for state-wide problem of Gypsy Moth infestation.  Mr. Space seconded the motion.  Upon roll call,
Ayes:   DeBoer, Space     Nays:  None     Absent: Parrott     Abstain:  None

Approval of Minutes
Mr. Space made a motion to approve the regular and executive session minutes of the meeting of the Wantage governing body held on June 12, 2007.
Mr. Parrott seconded the motion.  Upon Roll call: Ayes:   DeBoer, Parrott, Space    Nays:  None     Absent: None       Abstain:  None

Refund Resolutions
Mr. Space moved to authorize the release of $2,500 to County Customs for driveway permit DW-2007-04 for block 136 Lot 10.01 &11.  Mr. Parrott seconded the motion.  Upon roll call,
Ayes:   DeBoer, Space     Nays:  None     Absent: Parrott     Abstain:  None

Mr. Space moved to refund tax overpayment for Block 102, Lot 7, in the amount of $1,024.84 to Stephen Lyons & V. Milagros.  Mr. Parrott seconded the motion.  Upon roll call,
Ayes:   DeBoer, Space     Nays:  None     Absent: Parrott     Abstain:  None

OPEN PUBLIC SESSION

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

Mr. Scannavino reiterated his opinion that Mr. Vander berg simply close Liberti’s himself. Mr. DeBoer reiterated the Township’s position regarding working in harmony with new businesses.

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

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.

_____________________________
Christine Von Oesen, Deputy Clerk