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 SEPTEMBER 27, 2007

Mayor William DeBoer called the meeting 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: Township Attorney Representative Ursula Leo.

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.

RESOLUTIONS (Approval For the Following Actions):

Mr. Space moved to authorize the Mayor to sign the 2008 Interlocal Services Contracts with Sussex Borough for Animal Control and Pound services. Mr. Parrott seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the Mayor to sign the 2008 Interlocal Services Contracts with Hardyston Township for Animal Control and Pound services. Mr. Parrott seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to appoint John Abate as the Animal Control Officer of Wantage Township in accordance with the Rules and Regulations of the New Jersey Department of Personnel.

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 Drainage Improvements on Spreen Road to Hamburg Plumbing Supply Co., Inc., for materials totaling $11,440, in accordance with the letter dated September 18, 2007 from Township Engineer Harold Pellow. Mr. Parrott seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Mr. Space moved to authorize the formal termination of the Interlocal Services Agreement with the county of Sussex for proposed improvements at the intersection of County Route 560 and Old Clove Road, as per the request of the County of Sussex. 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.

Open Space Bus Tour: Mr. Doherty inquired whether there would be a quorum of the governing body present for the proposed Open Space Bus Tour scheduled for October 29 at 4:30 pm. The members of the governing body suggested that Mr. Doherty advertise for a special meeting to cover the possibility that a quorum may be present.

Open Space Plan Letter from Greenaway Surveying: The governing body reviewed a letter submitted by Joe Greenaway, expressing interest and concerns regarding open space planning in Wantage Township. At the suggestion of the Open Space Committee, the governing body agreed with Mr. Doherty’s offer to send a courtesy response to Mr. Greenaway, thanking him for his input, and requesting that he be an active role player in the public input component of the Open Space Plan.

Open Space Negotiations: The members of the governing body reviewed the update reports of Mr. Doherty regarding various negotiations of the Open Space committee. The members of the governing body agreed with the recommendation of the Open Space Committee, that Mr. Doherty send a letter to LVAJ, thanking them for their offer of a donation of 3.1 acres to open space preservation, but that this offer will be kept in abeyance until such time that an approved Open Space Plan is in place for the community.

Air traffic noise concerns: Mr. Doherty reported one household has expressed concern with increased noise from low flying aircraft. The governing body agreed to monitor the public’s concern with this issue in the months to come, to see if more residents express a concern.

Request for Refund of Fair Share COAH payment: Mr. Doherty explained that Hagemann LLC requests reimbursement of a $3000 COAH contribution for a lot they are no longer developing. Mr. Doherty explained that no building permit was issued, and their proposed plan was denied for zoning by our Zoning Officer.

Mr. Space moved to reimburse $3,000 to Walsh & Hagemann, refunding COAH fee for Block 68, Lot 5, as explained above. Mr. Parrott seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Request for Standard Operating Procedure to handle Refund of Fair Share Payments: Mr. Doherty informed that Ms. Leo has provided the Township with a proposed Standard Procedure for handling requests of COAH reimbursement in the future. Mr. Doherty will place this proposed policy on the next agenda for consideration by the governing body.

Request for Partial Refund of Land Use Application Fee: Mr. Doherty stated that in response to a request by 565 Land Development LLC for a refund of their $800 Land Use Application fee, the Land Use Board recommends that $500 be reimbursed for a variance application that was not required, but that the $300 application fee for an interpretation hearing be retained.

Mr. Parrott moved to reimburse 565 Land Associates $500 as per the recommendation made by the Land Use Board, in connection with Block 117 Lot 38.01 on Application L-15-2007. Mr. Space seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Status of Ordinance 2007-10: At the suggestion of the governing body, the merits of proposed Ordinance 2007-10 were reviewed at this time. Mr. Doherty explained that the proposed ordinance is, in no way, suggesting a change to the existing penalty provisions of Wantage Township ordinances. Rather, it is addressing a loophole in wording of the zoning ordinance, and a failure to act on removing the present archaic phrasing of the ordinance would render all efforts of our municipal prosecutor to enforce the Township’s zoning laws to be suspect and subject to appeal.

Mr. Doherty advised that, if there is a concern among residents regarding the wording of the Township’s penalty provisions, that could certainly be discussed, but such discussion should take place on its own merits, as its own topic, and not be a part of consideration regarding proposed Ordinance 2007-10, since the penalties involved are not a part of the proposed action being considered by the ordinance. After consideration, the members of the governing body agreed that the proposed Ordinance should be placed on the next agenda for further consideration.

Wantage Dog Park Sub-committee: Following up on previous meeting’s discussion, Mr. Doherty recommended that the governing body authorize the creation of a sub-committee of the Wantage Township Recreation Commission, specifically for the purpose of helping to enforce the rules of the Wantage Township Dog Park, and to offer advice and input to the Recreation Commission regarding the operation of the Dog Park. Mr. Doherty stated that if the governing body does agree with the creation of the sub-committee, he will gather a list of names for appointment to that sub-committee, at a future meeting.

Mr. Parrott moved to approve the creation of a sub-committee of the Wantage Township Recreation Commission, specifically for the purpose of helping to enforce the rules of the Wantage Township Dog Park, and to offer advice and input to the Recreation Commission regarding the operation of the Dog Park, with said members holding one year appointments terminating on December 31 of each year. Mr. Space seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

ATTORNEY’S REPORT

Mayor DeBoer requested Ms. Leo to give the Attorney’s report. Ms. Leo indicated she would address issues already listed on the agenda as the need arises under Old Business.

COMMITTEE REPORTS

Mr. Parrott offered updated information regarding the status of efforts around the County and the State to address the anticipated negative impacts that the proposed C-1 Stream Designation rule of the NJDEP will have on communities if the 300 foot buffer zone along waterways is adopted as a rule.

Mr. Space indicated that it has come to his attention that Construction Official Ed Vander berg will be out of the office for several weeks. In the interest of maintaining the ability of the office to handle the work load during this time, Mr. Space moved to temporarily appoint John Wyckoff to the position of Acting Plumbing Subcode Official/Inspector, and Kevin Kervatt to the title of Acting Fire Protection Subcode Official/Inspector, for a term running through October 18, 2007. Mr. Parrott seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

OLD BUSINESS

Sign Ordinance

Discussion continued from the August 22 Special Meeting and the September 13 meeting, regarding a proposed amendment to the Wantage Township Zoning Ordinance dealing with the regulation and placement of signs. General review and consideration took place regarding a draft proposed amendment presented by the Land Use Board. The members of the governing body listened to input from Wantage Township Land Use Chairman Jim Smith regarding the goals and details of this proposed amendment.

After review and consideration, the governing body agreed to place this draft ordinance on the next agenda for consideration of introduction.

Lake Neepaulin Dam

The members of the governing body reviewed a presentation by Mr. Doherty, detailing all possible options for action with respect to the issue of rehabilitating the Lake Neepaulin Dam, centering on the question of whether or not the governing body should co-sign a loan with the Friends of Lake Neepaulin (FOLN) for repair of the dam, said loan to be made through the New Jersey Department of Environmental Protection.

Mr. Doherty pointed out that there is no government funding source directly available to private groups such as FOLN, and with the relatively small number of families currently in FOLN membership, the likelihood that FOLN will be able to pay for the costs of repairing the dam though a regular commercial loan is extremely remote. Mr. Doherty pointed out that it was equally unlikely that the NJDEP would permit the dam to continue in its current condition without being addressed, and if the State did indeed drain the lake and remove the dam, the consequences of that action would have a detrimental impact on several hundred families and taxpayers, in terms of water supply, property value, and firefighting capability.

Mr. Doherty warned the members of the governing body that this issue involved no solution that could be deemed a “win-win” scenario, and that any decision by the governing body involves the potential for having a negative impact on some group within the community. Mr. Doherty warned that there may be homeowners in the outer boundaries of the Lake Neepaulin area who might object to being required to re-pay a loan on a dam and lake that they do not use for recreational purposes. Mr. Doherty stated that the possibility of legal action being taken by those homeowners does exist, but the possibility of legal action being taken exists no matter what action is taken, or if no action is taken at all. Mr. Doherty concluded that it appeared the path of least harm, and greatest good, would be for the Township to co-sign the loan, and enter into a loan repayment program with the homeowners of Lake Neepaulin through a Local Improvement Ordinance.

Mayor DeBoer expressed an interest in receiving input from the members of the general public present, regarding this topic.

Mike Pellegrino, 40 North Shore Drive, spoke in favor of the governing body co-signing a loan with the NJDEP, and suggested that another potential impact of having the dam removed would involve a negative ecological impact on the area.

Bob Heiden, 32 Old Clove Road, spoke in favor of the Township co-signing a loan.

Mrs. Jo Smith, South Shore Drive, stated that the impact of reduced property values would also include reduced tax revenues, and urged the governing body to not allow the dam to be removed.

Tom Zummo, Lewisburg Road, indicated his belief that there would be severe problems with private wells in the area if the lake were removed.

Mayor DeBoer polled the members of the general public present, to ask if every one present agreed with the proposal for co-signing a loan, to which there was unanimous favorable consensus expressed by the members of the public present.

Mayor DeBoer suggested that it was important for those members of the community who may be opposed to this course of action to have an opportunity for input prior to a decision being rendered, and suggested holding a special meeting, perhaps at the Wantage School, on this specific topic.

Joy Steinbacher, on behalf of the FOLN, offered an update report on efforts to obtain a petition of support from the Lake Neepaulin Community, as had been suggested at a previous meeting. Ms. Steinbacher said that obtaining such a petition is slow work because of the time intensive nature of the topic, and the relatively small number of volunteers conducting the petition drive. However, Ms. Steinbacher reported that to date, the support of all Lake Neepaulin residents and homeowners in favor of preserving the dam has been overwhelmingly positive.

Mr. Parrott thanked the members of FOLN present for their positive approach toward addressing this issue by pursuing all the suggestions offered to them. Mr. Parrott reported that he has investigated this issue in the past several months, and has had discussions with a Hydrologist, who offers a confirming opinion that there would indeed be a negative impact on the drinking water supply of the Lake Neepaulin community if the lake water were removed.

Mr. Peter Johr, 93 South Shore Drive, indicated that a 1955 deed offers details regarding the history and definition of which properties are included as a part of the “Lake Neepaulin” community.

Mr. Doherty assured Mr. Johr that the Township does indeed have a copy of that deed, and it is already being reviewed by the Township Attorney, and will be given all due consideration by the Assessor if action proceeds on this matter.

Mayor DeBoer stated that the governing body wishes to do what is best for all taxpayers, and it is unfortunate when an issue presents itself where no clear right answer exists, but when it does, the governing body must act in the best interests of the greatest number of taxpayers.

Mr. Doherty was directed to seek a date for holding a special meeting on this topic, for further input from the community.

NEW BUSINESS

Introduction of Ordinance 2007-14: Soil Erosion Jurisdiction

Mr. Parrott moved to introduce on first reading, Ordinance 2007-14, entitled “AN ORDINANCE REPEALING THE TOWNSHIP’S EXISTING SOIL EROSION AND SEDIMENT CONTROL ORDINANCES CONTAINED IN CHAPTER XVII OF THE TOWNSHIP’S GENERAL ORDINANCES AND TRANSFERRING THE RESPONSIBILITY FOR SOIL EROSION AND SEDIMENT CONTROL TO THE SUSSEX COUNTY SOIL CONSERVATION DISTRICT.” Final hearing date set for October 11, 2007. Mr. Space seconded the motion. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Final Adoption of Ordinance 2007-12: Amending Bond Ordinance

Mr. Space moved to adopt on final hearing, Ordinance 2007-12, entitled “BOND ORDINANCE AMENDING SECTION 3 AND SECTION 5(b) OF BOND ORDINANCE NUMBERED 2007-08 OF THE TOWNSHIP OF WANTAGE, IN THE COUNTY OF SUSSEX, NEW JERSEY FINALLY ADOPTED MAY 10, 2007”. Mr. Parrott seconded the motion. Prior to final roll call, Mayor DeBoer opened the meeting to the public for any questions or concerns with this proposed Ordinance. There being no one present wishing to address the governing body at this time, Mayor DeBoer closed the meeting and requested a roll call vote. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Final Adoption of Ordinance 2007-13: Mudtown Road Speed Limit

Mr. Space moved to adopt on final hearing, Ordinance 2007-13, entitled “AN ORDINANCE ESTABLISHING SPEED LIMITS FOR MUDTOWN ROAD”. Mr. Parrott seconded the motion. Prior to final roll call, Mayor DeBoer opened the meeting to the public for any questions or concerns with this proposed Ordinance. There being no one present wishing to address the governing body at this time, Mayor DeBoer closed the meeting and requested a roll call vote. Upon roll call,

Ayes: DeBoer, Parrott, Space Nays: None Absent: None Abstain: None

Approval of Minutes

Mr. Space made a motion to approve the minutes of the meeting of the Wantage Governing body held on September 13, 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.

Frank Galligan, 43 New York Avenue, asked for details regarding the item on the consent agenda for Hardyston Township’s interlocal agreement with Wantage Township for animal control and pound services.

Mr. Doherty responded to this inquiry.

Ann Smulewicz inquired how the proposed ordinance dealing with jurisdiction for soil erosion and sediment control would affect her concern regarding soil erosion enforcement with respect to a situation on her property.

Mr. Doherty responded that it would have no affect, because the ordinance is stating that no future applications would be accepted by Wantage Township, and identifies those current projects for which Wantage Township would retain jurisdiction until completion.

Ms. Smulewicz expressed dissatisfaction with the Township’s response to her concerns involving soil erosion and drainage violations, expressing the belief that the Township had failed to address her concerns.

Mr. Doherty expressed disagreement with Ms. Smulewicz’ position that the Township had not addressed her concerns, and informed Ms. Smulewicz that if she were dissatisfied with the current conditions on her property, it would be appropriate for her to seek legal counsel and take whatever action she deemed appropriate.

Ms. Smulewicz expressed dissatisfaction with recent actions of the Zoning Officer to enforce the current sign ordinance of the Township, and requested the members of the governing body provide input and direction to the Zoning Officer on this issue.

Mr. Doherty advised the governing body against discussing their views with the Zoning Officer of the Township regarding enforcement matters. Mr. Doherty warned that the courts have found such actions to involve improper efforts at political influence on the position of Zoning Officer. Mr. Doherty stated that the role of the governing body involves hiring the individual they believe will do the best job enforcing the Township’s laws, but to offer further guidance or involvement is not permissible in the State of New Jersey. If residents are dissatisfied with the actions of the Zoning Officer, the opportunity for appeal exists, but it does not involve appealing the matter to the governing body.

Ms. Smulewicz suggested the Township should make better decisions regarding who they appoint to the Zoning Officer position.

There being no one else from the public wishing to address the Committee, 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.

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James R. Doherty, Administrator/Clerk