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 MAY 10, 2007

Mayor William DeBoer called the Workshop Session 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 Little and Councilman Chris Parrott were present for Sussex Borough.

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."

YOUTH IN GOVERNMENT SUSSEX/WANTAGE SCHOOL

Students from The Sussex Middle School conducted a meeting, acting as the various members of government for Wantage Township and Sussex Borough.

All persons present participated in the Salute to the Flag.

Mayor DeBoer , Mayor Little, Mr. Jeff Parrott, Mr. Parker Space and Mr. Chris Parrott offered special thanks and congratulations to Ms. Eileen Potts, Coordinator of the Youth in Government Program, and to participating students Erin Miller, Michael Park, Tony Giard, Dustin Wetterauw, Kristen Kent, Katie Genetelli, Joanna Nieuwdorp, Dallas Haines, Megan Van Glahn, Rebecca Van Horn, Krystal Clarke, Shannon Jordan, Carrie Orinski, Ashley Schreyer, Kim White, Amanda Treiber, Keryn Brenzel, Jennifer De La Osa, Amber Comfort, Hannah Lozaw, Alex LaFranco, Elise Weingartner, Katie Johnson, Nicholas Filippini, Julie Gerwald, Sara Lindsay, Rebecca Kymer, Angel Butkiewicz, Sarah Johnson, Lauren Millahn, Diego Cantillano, Mitchell Welsh, Catherine Kedala, Tyler Milazzo, Stephen Meyer, Ryan Palumbo, Lisa Tanski, Dylan McKay, Kelly Ochoa, Haven Krynicky, Vinny Pagano, Cody Riker.
After a short recess, 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. 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.

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

• Registrar’s Report for April 2007
• Tax Collector’s Report for April 2007
• Board of Health Report for April 2007
• Construction Department Report for April 2007
• Clerk’s Report for April 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 Raffle License Application RA07-17, to the Friends of Lake Neepaulin to conduct a Calendar Raffle from July 1 through July 31, 2007
Mr. Parrott seconded the motion. Upon roll Call Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

RESOLUTIONS

Mr. Space moved to approve Payment of Bills for the meeting of May 10, 2007.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize Change Order #1 to the project entitled Proposed Utility Improvements at Wantage-Woodbourne Park, reducing the amount of the contract from $53,107 to $44,457. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to award the contract for 2007 Bulky Waste Collection to Blue Diamond Disposal of Succasunna, NJ in the amount of $225 per ton.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to cancel capital reserves into the Capital Fund Balance in the amount of $77,443. 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 $60.01 to Norman and Loretta Colfax for a completed land use application L-15-2003. 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 $130.78 to Rene Basedow for a completed land use application Z-19-2001. 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 $2,658.72 to Daniel and Claudette Esposito for a 2006 State Tax Appeal on Block 138 Lot 6.19.
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 $2,394.66 to Douglas and Sally Stansfield for a 2007 Tax overpayment on Block 125 Lot 1.18.
Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ADMINISTRATOR’S REPORT

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

Willard DeGroat Request to vacate a portion of University Lane - The Committee agreed by consensus to authorize Mr. Garofalo to prepare an ordinance, Mr. Pellow to prepare a description, and an escrow in the amount of $1,000 be submitted by Mr. DeGroat for the costs associated with the above as it does not benefit the entire Township.

Suggestion of General Amusements LLC (Laser One, Mainardi): A discussion ensued regarding Mr. Mainardi’s request about a referendum on allowing “games of chance and skill” (i.e., amusement parks) in Wantage Township.

Mr. Parrott informed Mr. Mainardi that the previous cost quote from April, regarding a single ballot referendum, was based on costs of a special election referendum, but that the costs of including a referendum question on the November ballot would be much less expensive. Mr. Mainardi clarified that the Laser One closing times he offered at the April meeting were incorrect, offering clarification that the closing times for Monday through Thursday is 10:00 pm, Friday and Saturday, 12:00 am and Sunday 9:00 pm. General discussion took place regarding whether or not Mr. Mainardi would be willing to pay the cost if extra security were deemed necessary. Mr. Garofalo informed the Committee that regardless of any gentlemen’s agreement reached tonight, the Township could not legally hold Mr. Mainardi to such costs if the need did in fact arise. Mr. Parrott expressed opposition to the proposal; Mr. Space and Mayor DeBoer expressed a belief that the issue could be presented to the residents of Wantage Township through a ballot question. Mr. Mainardi agreed to pay any additional costs associated with placing this item on the ballot. Mr. Garofalo was authorized to draft the question for Mr. Doherty to forward to the County Clerk. Clarification was also made that Mr. Mainardi would be required to reapply for the amusement license each year, at which time the merits to Wantage Township can be re-evaluated.
Mr. Space moved to authorize a public question on the November 2007 general election ballot regarding games of chance in Wantage Township.
Mayor DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Space Nays: Parrott Absent: None Abstain: None

Mr. Doherty, seeing members of the public present who asked for an audience with the Township Committee, requested permission to move to Old Business Item #1 on the Agenda. The Committee agreed.

OLD BUSINESS

Jaret Builders/Joseph Retz: Keith A. Hyche, Attorney for Joseph Retz, Jaret Builders, approached the Committee to express a belief that Mr. Retz should be exempt from COAH and Growth Share payments for his development of eight lots on Libertyville Road. After some discussion, the Township Attorney and Committee took the position that this is a Land Use issue which must be brought before the Land Use Board.

FOLN:
Representatives of Friends of Lake Neepaulin met with Mayor DeBoer and Mr. Doherty to outline a request they will make on May 31, 2007, that the Township co-sign a loan application to the NJDEP for Dam Repair. If loan is approved, implications involve obligating the Township to impose a mandatory special assessment on Lake Neepaulin homeowners to pay for the loan. Mayor DeBoer informed the Committee that it may be a few years before a loan award takes place. Mr. Parrott stated his concern that since Judge Stanton ruled that Lake Neepaulin is not a lake community, there will be a great deal of difficulty establishing which properties in and around Lake Neepaulin would be responsible for a special assessment.

Fire Department Vehicle Replacement Program:
Mr. Doherty informed the Committee that negotiations on this issue have been very positive and successful, but that there remains two small matters which could not be resolved at the negotiating table. Sussex Clerk Vito Gadaleta suggests that the ceiling prices in the proposed agreement for Pumpers is too high and for the other vehicles too low; and, that provisions should be included where the fire department can request additional funds if circumstances warrant. Mr. Doherty explained that while he respects Mr. Gadaleta’s position, Mr. Doherty did not endorse these suggestions as being in the best interests of Wantage Township.

The Committee agreed by consensus with Mr. Doherty’s assessment that adjusting the prices as suggested by Mr. Gadaleta would inadvertently raise the ceiling on Sussex vehicles while lowering it on Wantage vehicles; and that cost control remains in the hands of the governing bodies through the annual budgeting process. The Mayor and Committee of the Township of Wantage stated that their position is properly expressed by the current draft agreement, and nothing would be gained by holding further negotiations. Mr. Doherty was instructed to inform Sussex Borough that Wantage Township stands prepared to sign the contract as it is currently drafted, and that the Borough should contact the Township when the Borough is likewise ready.

Montague Dog Pound Facility:
The Township of Montague has been informed by the State Health Dept that they need to utilize a NJ licensed impounding facility instead of Port Jervis Humane Society. Wantage Township already provides animal control service for Montague. Montague requests use of Wantage Dog Pound. The Committee agreed by consensus that they would prefer to table this issue until further documentation could be obtained regarding the annual number of dogs that Montague impounds in a given year.

On a side discussion, the Committee authorized Mr. Doherty to have Mr. Abate put up acoustical tiles in the Wantage Pound and to contract with a sound engineer as part of the pound renovation project.

Sussex Borough Request for Animal Control and/or Pound:
By e-mail message, Sussex Boro Clerk requests cost figures for Wantage Township to provide animal control and/or pound service for Sussex Borough. Mr. Doherty recommended that Wantage Township offer animal control service to Sussex Borough at a cost of $6,600 a year, pro-rated for seven months commencing June 1, 2007. Mr. Doherty further recommended that Wantage Township not extend 2007 pound services to Sussex Borough, since the Borough has already entered into contracts with Sussex County Friends of Animals for their dogs and with CLAWS for their cats, and changing client venues mid-year would not be a fair action to those shelters.

Mr. Parrott moved to authorize an interlocal service agreement Sussex Borough of Animal Control Services at a cost of $6,600 a year, pro-rated for seven months commencing June 1, 2007. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Space, Parrott Nays: None Absent: None Abstain: None

Sussex Borough Request for Consideration of Interlocal Court:
Revisiting once again, Sussex Borough indicates they will be in need of a Court Administrator soon, and once again request reconsideration of Wantage Township to provide court service to Sussex through an interlocal. The Committee agreed by consensus that Wantage Township is not interested in an interlocal service agreement for municipal court services with Sussex Borough.

Guidelines for Video Recording of Public Meetings:
Mr. Doherty asked the Committee to the proposed resolution prepared by attorney Mike Garofalo.
Mr. Space moved to approve guidelines for video recording public meetings in Wantage Township. Mr. Parrott seconded the motion. Upon roll call, Ayes: DeBoer, Space, Parrott Nays: None Absent: None Abstain: None

Unsafe Structures Actions by Construction Official:
Mr. Doherty asked the Committee to review the information provided regarding actions taken to board up an unsafe structure, under certification of the Construction Official, at a property on Route 23. If additional actions are deemed necessary to protect the safety of the public, the Construction Official may have the property fenced off at a cost of $1414 for up to one year. If that action becomes necessary, the Township Attorney will implement appropriate steps to recover the costs from the property owner or place a lien on the property.

Salary Adjustments:
Mr. Doherty asked the Committee to confirm actions previously authorized and outlined in proposed Amendment #1 to the 2007 Salary Resolution. This will provide clear paper trail for the auditors reflecting salary adjustments already budgeted for 2007 regarding John Abate, Bob Crum and Mike Flood for animal control. Also, providing flat $2500 stipend for John Abate as Constable #2, to be paid out of the Clean Communities Grant, which will eliminate use of local tax dollars for that position.
Mr. Parrott moved to authorize amendment #1 to the 2007 Salary Resolution. Mr. Space seconded the motion. Upon roll call, Ayes: DeBoer, Space, Parrott Nays: None Absent: None Abstain: None

CEU Seminar Request:
Mr. Doherty informed the Committee of a request of Joanne Kanapinski to pay $110 for her to attend a June, 2007 seminar to retain her Land Use Administrator certificate. The Committee agreed by consensus to deny this request.

ATTORNEY’S REPORT

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

Mr. Garofalo informed the committee that CJS is seeking court order to have Wantage Township approve their wastewater management plan.

ENGINEER’S REPORT

Mr. Pellow informed the Committee of the status of existing capital projects: Blair Road, Section III, waiting for easements; Baldwin Drive Drainage, project has been designed and will be completed by the DPW this summer; Woodbourne Park Phase IV, the pump power and water line for irrigation are planned, the pavilion will not be completed, a parking lot, shade pavilion and water line to irrigate ball fields will be completed instead; Spreen Road, drainage will be completed by the DPW and millings from the county will be used as a part of the reclamation/reconstruction project; Central School Road reclamation: the culvert is deteriorated and should be replaced and will involve the DEP; Mr. Pellow estimates this will cost approximately $50,000.

Mayor DeBoer asked Mr. Pellow to address Snover Road under Old Business at this time.
Mr. Pellow informed the Committee that the property on 64 Snover Road (DeBoer) is in the shape of a natural bowl that did not increase with the storm drain, but is a result of the natural lay of the land. Mr. Doherty suggested that if the new owner (65 Snover Road) is asked to correct a problem of the original owner, this may lead to litigation, without any likelihood of providing a resolution to the flooding problem at 64 Snover Road.
Mr. Parrott offered to contact Mr. and Ms. Frank DeBoer and inform of Mr. Pellow’s report.

COMMITTEE REPORTS

Mr. Parrott informed the Committee of recent legislation which impacts development of areas within 300 feet of finger streams on various tributaries and rivers of New Jersey.

Mayor DeBoer mentioned a recent letter to the editor regarding Aetna’s refusal to work with St. Claire’s hospital. Mr. Doherty informed that he just received information that a settlement has been reached and St. Claire’s will remain in the Aetna network.

OLD BUSINESS

LVAJ:
A Request for Audience with governing Body to discuss request for Release of Maintenance Bond on Mountain View Drive Estates – Section II was not handled at this time, since there were no representatives from LVAJ present.

NEW BUSINESS

Final Hearing of Bond Ordinance: Ordinance 2007-08

Mr. Space moved to adopt on final 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.”
Mr. Parrott seconded the motion.

Mayor DeBoer opened the meeting to the public for any questions or comments with respect to this proposed Ordinance. As there was no one who wished to come forward, Mayor DeBoer closed the public hearing on this Ordinance.

Upon roll call, Ayes: DeBoer, Parrott, Space Nays: None Absent: None 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 April 26, 2007.
Mr. Parrott 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, Route 23, asked who will be running for Mr. Parrott’s seat on the Township Committee. Ms. Smulewicz was informed that Clara Nuss and E. Gregory Kresge will be running.

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

Mayor DeBoer requested that the May 31, 2007 meeting be rescheduled. Mr. Doherty will advertise when a new date has been set.

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.

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James R. Doherty, Administrator/Clerk