April 24, 2008

Mayor Parker Space called the regular 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 Space, Committee members DeBoer and Nuss. The following members were absent: None. Also present: Township Attorney Michael Garofalo.

Mayor Space 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 Space invited all present to join in the Salute To The Flag.

PUBLIC HEARING: 2008 MUNICIPAL BUDGET

Mayor Space requested Mr. Doherty to offer the budget presentation.

Mr. Doherty offered a presentation of the proposed 2008 Municipal Budget. Mr. Doherty presented a chart showing that debt obligations and snow removal costs had risen for this budget cycle, but that the rest of the budget reflected a net reduction in the 2008 spending plan. Mr. Doherty stated that the proposed local tax burden is proposed to increase in 2008 by 3.1 cents per hundred dollars of assessed valuation, and that the proposed local open space tax for 2008 is proposed at 0.5 cents per hundred dollars of assessed valuation.

Mr. Doherty offered copies of the proposed budget in the official format required by NJ Statute, and then offered a budget presentation with categories under the heading of Salaries, Operating expenses, Pre-determined budget items, Discretionary Budget items, Capital improvements, Formula-driven line items, and budget areas that involved estimates.

Mr. Doherty also offered a presentation of the long-range planning strategy of Wantage Township for budget preparation and local tax structure. Mr. Doherty presented options available for handling budget, debt and tax, and indicated that Wantage Township tries to balance a “pay as you go” philosophy with a “bonding” philosophy when needed, to strike a level of equity between the tax burden placed upon today’s taxpayers and the burden placed upon tomorrow’s taxpayers. Mr. Doherty stated that this strategy has yielded a situation in which Wantage Township has maintained the third lowest local tax burden in Sussex County among those towns that have a local tax burden, and has at the same time maintained a debt burden that is less than half the State average for a town in the population range of Wantage Township. Mr. Doherty reported that out of 53 New Jersey towns with a population between 10,000 and 13,000, Wantage Township ranks 8th lowest in Net Debt.

Mayor Space opened the meeting to the public at this time for any questions or comments regarding the proposed 2008 municipal budget.

Mr. Bill Gettler stated his belief that a proposed bond issue in the amount of $812,000 would have a negative impact on next year’s budget.

Mr. Doherty stated that the proposed bond ordinance is not part of the proposed budget being heard this evening, but agreed that it would be proper to evaluate its impact since the Bond Ordinance is part of the long range fiscal plan for debt management. Mr. Doherty stated that the financial planning process involves on-going changes during budget preparation meetings, as input is received from members of the governing body and from the general public. Mr. Doherty stated that when the proposed 2008 Bond Ordinance is presented, it will be for less than the $800,000 figure originally suggested.

Mr. Doherty also offered an explanation regarding the difference between a Bond Ordinance and a Bond Issue. Mr. Doherty explained that in the past 20 years, Wantage Township has adopted 17 Bond Ordinances. Mr. Doherty stated that such a strategy is common among New Jersey municipalities, and represents a long range planning effort.

Mr. Gettler stated that the $800,000 Bond Ordinance may not be present in this year’s budget, but that it will be present in next year’s budget. Mr. Gettler also expressed concern with the impact of increased tax appeals on municipal revenues.

Mr. Doherty stated that it was not correct to say that next year’s budget would have $800,000 in it because of a bond ordinance this year. Rather, next year’s budget would need to account for the interest on the money borrowed from this year’s bond ordinance. Mr. Doherty stated that by following the long-range debt management strategy of the Township through backloading the payment of the bond ordinance obligation, the Township attempts to minimize the tax burden and avoid sudden and drastic increases, to balance current year needs against future years’ tax burden.

With regard to the negative impact of tax appeals on municipal revenue Mr. Doherty stated that such an impact is out of the realm of the Township governing body to control.

General discussion ensued among Mr. Gettler, Mr. Garofalo, and Tax Assessor Melissa Rockwell, regarding the impact of tax appeals in 2007 and 2008 on the municipal budget.

Mr. Doherty stated that the Township is willing to stipulate the validity of the observation that tax appeals lead to a negative impact on municipal revenues.

Mayor Space suggested that the discussion move on to another topic.

Mr. Gettler expressed disagreement with Mr. Doherty’s tax impact analysis, claiming that Wantage Township is sixth in the county for lowest tax burden, not third.

General discussion ensued regarding the county-wide tax burden and the proper manner in which to measure tax burden from town to town.

Mr. Doherty stated that he stands by the validity and accuracy of his analysis. Mr. Doherty further observed that whether Wantage Township is in third place or sixth place, either way it means Wantage Township has one of the lowest local tax burdens in the county.

Mr. Gettler observed that without having police service, garbage collection, water service, or sewer service, the tax rate should be low.

Mr. Doherty agreed with the observation that the tax burden should be low, and compared to other towns in Sussex County, it is.

Mr. DeBoer initiated a discussion regarding the tax level in Hamburg, where he has a business, compared to Wantage Township. Mr. DeBoer pointed out that water and sewer service are billed separately and are not part of the tax burden of towns.

General discussion ensued between Mr. DeBoer and Mr. Gettler regarding Wantage Township taxes compared to Hamburg Borough taxes.

Returning to the validity of Mr. Doherty’s tax impact analysis, Mr. Gettler stated that it is necessary to take into account the Equalization Table, and suggested that the failure to account for this renders Mr. Doherty’s analysis flawed.

Mr. Doherty stated that his analysis and chart does indeed take into account adjustments for the True-to-Assessed Value Equalization Table, and suggested that a true apples-to-apples analysis requires a taxpayer to analyze the tax impact of the exact same investment from one town to another. Mr. Doherty stated that this is what his analysis accomplishes.

Ms. Kathryn Compa inquired regarding the Receipt of Delinquent Taxes Revenue line item, asking what impact the increased number of foreclosures has on the budget and tax burden.

Mr. Doherty explained the planning effort of attempting to avoid over-anticipating budget revenue at the beginning of the year, and stated that historically the next year’s revenue is anticipated based on the prior year’s actual revenue figures.

Ms. Rockwell and Ms. Nuss informed that the foreclosure process does not negatively affect the revenue of Receipt from Delinquent Taxes, because the banks pay the delinquent taxes upon foreclosure.

Ms. Maggie Kolicko asked for an explanation of the duties of a Code Enforcement Officer.

Mr. Doherty offered a response.

Ms. Kolicko expressed concerns regarding the level of staffing in the Construction and Code Enforcement departments.

Mr. Doherty stated that the staffing is based on the existing ordinances which need to be enforced, and offered details of the staffing pattern for the interlocal Construction, Zoning, Fire Prevention, and Code Enforcement department.

Ms. Rockwell stated people sometimes make improvements to properties without permits, and therefore without added assessments. Mr. Rockwell stated that the efforts of the Code Enforcement office leads to increased revenues by discovering these improvements.

Ms. Kolicko expressed her belief that less staffing was possible in order to achieve taxpayer savings.

Mr. Gettler made a comment regarding a full time employee of the Construction Department who has already moved to Florida.

Mr. Doherty confirmed that this employee is utilizing his accumulated sick and vacation time which he is entitled to receive by law.

Mr. Garofalo clarified that the Township cannot take away an employee’s accumulated sick time allocation.

Ms. Kolicko asked for a clarification of the salary structure of employees in the budget.

Mr. Doherty stated that the salary functions are broken out by department function, and by “in cap/out of cap”. Mr. Doherty suggested it would be easier to track the salary of any given employee by reviewing the proposed Salary Ordinance included in the agenda for this evening.

Ms. Kolicko initiated a general discussion regarding possible alternate staffing possibilities within the public works department as a means of savings tax dollars. The pros and cons of such alternate staffing options were reviewed. Mr. Doherty and Ms. Rockwell pointed out that the factors of union contracts and variable weather conditions made it difficult to conclude that alternate staffing options would lead to taxpayer savings. Mr. Doherty stated that the Township welcomes all suggestions for possible alternatives that may lead to tax savings.

A resident inquired regarding the impact of the increased fuel costs on the budget.

Mr. Doherty stated that, to date, the anticipate budget for 2008 in this area is on target with the annual estimate made in January.

Mr. Tom Davis asked for further clarification regarding the bond ordinances adopted over the past 20 years, and the number of actual bond issues involved.

Mr. Doherty explained that bond issues are done as needed, in the discretion of the governing body over the years. Mr. Doherty stated that not many were done until the two issues done in the last three years, to take advantage of extremely low interest rates.

Mr. Davis requested further clarification on the bond issue impact.

Mr. Doherty offered details of the long range debt management plan of the Township, and reviewed the difference between temporary financing through Bond Anticipation Notes, and permanent financing through a Bond issue. Mr. Doherty stated that it is possible to pay off the Notes of a Bond Ordinance over a ten year cycle, which would avoid the need for a permanent bond issue. The down side to this strategy is the relatively volatile interest rate impact that may take place over a ten year period, whereas a bond issue requires more payment “up front” but avoids any interest rate increases over time. Mr. Doherty suggested that the challenge of municipal budget planning is to balance those factors so as to minimize tax impact.

Mr. Gettler initiated a discussion with Chief Finance Officer Michelle La Starza regarding LOSAP accounting procedures.

Mr. Gettler stated that the Construction official likes to brag about the amount of revenue his department earns for the Township, and stated his belief that these figures should be included in the municipal budget.

Mr. Doherty stated that he is not aware of the Construction Official bragging about revenues. Rather, as a department head, the Construction Official is charged with the responsibility of tracking his department’s revenues and reporting them monthly to the governing body. Mr. Doherty stated that these revenues could be made a part of the budget, but repeated his explanation from earlier in the evening regarding why doing so would not lead to any taxpayer savings because of a concurrent reduction in the revenue line item for Surplus.

Mayor Space thanked every one for their input and questions, and closed the meeting to the public at this time.

Mr. Doherty reported that the New Jersey Department of Community Affairs has requested the Chief Finance Officer to make a minor change to the details of revenues reflected in the municipal budget. For this reason, no action will be taken by the governing body this evening on the proposed budget. At the May 8, 2008 meeting of the governing body, an appropriate amendment to the budget shall be prepared by the Chief Finance Officer, after which the governing body will take action regarding final adoption of the 2008 budget.

CONSENT AGENDA

Mayor Space requested that the members of the governing body review the Consent Agenda. There being no Committee member present wishing to comment on the proposed Consent Agenda, Mayor Space requested approval of the Consent Agenda.

Mr. DeBoer moved to approve for filing, the following correspondences:

• Letter dated April 7, 2008 from Gerard G. Menzel, 92 North Shore Drive, supporting the proposed course of action currently being undertaken by the Friends of Lake Neepaulin and Wantage Township for rehabilitating the Lake Neepaulin Dam.
• Letter dated April 10, 2008 from Harold Grieves and Claire Wolpert, 32 Essex Road, supporting the proposed course of action currently being undertaken by the Friends of Lake Neepaulin and Wantage Township for rehabilitating the Lake Neepaulin Dam.

The motion was seconded by Ms. Nuss. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mr. DeBoer moved to approve the Submission of the 2007 Recycling Tonnage Report for Wantage Township, as follows:

WHEREAS, The Mandatory Source Separation and Recycling Act, P.L.1987, c.102, has established a recycling fund from which tonnage grant may be made to municipalities in order to encourage local source separation and recycling programs; and
WHEREAS, It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and
WHEREAS, The New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and
WHEREAS, The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and
WHEREAS, A resolution authorizing this municipality to apply for the 2007 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the Mayor and Committee of the Township of Wantage to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and
WHEREAS, Such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.
NOW THEREFORE BE IT RESOLVED by the Mayor and Committee of the Township of Wantage that Wantage Township hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates James R. Doherty to ensure that the application is properly filed; and
BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

Mr. DeBoer moved to confirm the appointment of Douglas Ricker to serve as the 2008 Mayor’s Representative for the Sussex County Solid Waste Advisory Committee.
The motion was seconded by Ms. Nuss. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None Absent: None Abstain: None

ADMINISTRATOR’S REPORT

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

Soil Removal Annual Certification: Mr. Doherty requested approval of the annual pre-existing soil removal certification of Space Farm Realty, 218 Route 519, for Block 160, Lot 2.

Mr. DeBoer moved to approve the annual pre-existing soil removal certification of Space Farm Realty, 218 Route 519, for Block 160, Lot 2. The motion was seconded by Ms. Nuss.
Upon roll call, Ayes: DeBoer, Nuss Nays: None. Absent: None. Abstain: Space.

Mr. Doherty reported progress on the discussions with Sussex and Montague regarding potential shared service arrangements, and indicated that further details will be presented in the month of May.

ATTORNEY’S REPORT

Mr. Garofalo had no new information to report at this time.

COMMITTEE REPORTS

No reports were offered at this time.

Mayor Space requested Mr. Doherty to offer an update report on the topic of Consolidation.
Mr. Doherty offered a written report on the details of a recent meeting held on April 14, 2008, to discuss this topic. The report offered is as follows:

Summary of the Meeting Held on April 14, 2008 To Discuss Details of Consolidation of Municipalities
Present:
Bill DeBoer, Deputy Mayor, Wantage Township
Chris Parrott, Mayor, Sussex Borough
Michael Garofalo, Municipal Attorney, Wantage Township
John Ursin, Municipal Attorney, Sussex Borough
John Eskilson, Sussex County Administrator
Keith Armstrong, Sussex County Shared Services Coordinator
Cathy Gleason, Acting Municipal Clerk, Sussex Borough
Jim Doherty, Administrator Clerk, Wantage Township
Diana Francisco, Municipal Clerk, Montague Township
Mark Pfeiffer, New Jersey Department of Community Affairs Representative

1. Ms. Francisco confirmed that Montague Township remains very interested in continued discussions of shared services with Wantage Township and Sussex Borough, but she does not foresee the governing body being in a position of offering a commitment to move forward with a formal 3-town consolidation study, at least at this point in time.
2. Mr. Pfeiffer suggested that Montague may wish to continue in the consolidation study process as an “observer” municipality, so that they become familiar with the process, and also so that they may remain an active part of the process for reviewing the possible sharing of additional resources, if that becomes the findings and conclusions of the 2-town study commission.
3. Mayor Chris Parrott reported that Sussex Borough would be giving consideration of adopting a resolution to authorize a consolidation study commission for Sussex Borough. This resolution would forego the placement of a question on the ballot in November regarding “whether or not to do the study”. Instead, the Sussex Governing Body is making the decision to move forward and do the study.
4. Mr. Pfeiffer stated that there are significant benefits to moving forward with a study commitment at this time, as opposed to placing the question on the ballot first. Mr. Pfeiffer stated that the state funds available are on a first-come, first-serve basis, so there is incentive for moving forward with the study as soon as possible if a town is sure that they wish to do so. Mr. Pfeiffer suggested that the statutory requirements for completing a consolidation study in time for the question to go on the November 2009 ballot would be severely restrictive, and may rush the study commission’s efforts.
5. Mr. Eskilson stated that, as the last Municipal Manager in the State of New Jersey to have undertaken a consolidation study, he must agree with Mr. Pfeiffer’s observations regarding the severe time constrictions placed upon a consolidation study commission. Mr. Eskilson noted that having both towns make a decision now to proceed with the study would provide additional time for that study, which may prove crucial in making sure that all aspects of this issue are covered.
6. Mr. Doherty reiterated his previously expressed concerns that certain members of the public may attempt to subvert the consolidation study process, by casting false allegations of impropriety in the selection process for the study commission if the question is not placed on the ballot and the commission members are not selected by ballot.
7. Mr. DeBoer acknowledged that these allegations may very well be made, but that based on Mr. Pfeiffer’s input at this meeting, it appeared to him that the best interests of the town would be served by having the governing body make a decision to move forward with the study, so that the opportunity to reap benefits from state aid are maximized for the taxpayers.
8. Every one present acknowledged that the public would still have a chance to vote on the issue of consolidation if that is the finding of the study commission.
9. Mr. Pfeiffer explained a number of incentives that the State Government would offer for facilitating a consolidation study:
10. The State would pay for the cost of the study through a grant
11. The State would have a sum of money available in case the study’s conclusions come down to an issue regarding too much debt. The State could make available money to the new, merged municipality to offset that debt burden.
12. If the taxpayers of one town would see their tax burden increase as a result of the consolidation, the State would make available a program where those taxpayers could apply for a rebate to the State of New Jersey, so that their tax burden would be reduced in an amount equal to the extra cost created by the consolidation.
13. Mr. Doherty suggested that there should be some reward involved for towns that make a pro-active commitment to formally study consolidation, such as is happening in Wantage Township and Sussex Borough. Mr. Doherty suggested that in the years 2008 and 2009, the State maintain the 2007 level of municipal state aid to these towns, without any reductions, while the study is being done. Mr. Pfeiffer said this suggestion was intriguing and would bring it back to the Governor’s office for consideration.
14. Mr. Doherty and Mr. DeBoer agreed to present the question to the Wantage Township governing body regarding whether or not to “fast track” the consolidation study, at the April 24 meeting of the Wantage Township governing body.

Mr. DeBoer offered further detail regarding the pros and cons of moving forward with a study at this time, indicating his conclusion that the benefits of proceeding with a study far outweigh the potential drawbacks. Mayor Space and Ms. Nuss concurred that the best interests of the citizens would be protected by authorizing a study to be done at this time.

Mr. DeBoer moved to adopt the following resolution:
A RESOLUTION PROPOSING THE FORMATION OF A JOINT MUNICIPAL CONSOLIDATION STUDY COMMISSION WITH THE BOROUGH OF SUSSEX

WHEREAS, the Township of Wantage and the Borough of Sussex are contiguous municipalities which have historically shared many municipal services and functions; and
WHEREAS, the Township of Wantage and the Borough of Sussex have in the past expressed an interest in studying the feasibility and benefits of consolidating the two municipalities and again find the mutual benefits to be worth pursuing; and
WHEREAS, the Township of Wantage intends to conduct a study of the feasibility and benefits of consolidating the two municipalities with the goal of placing the issue on the ballot for consideration by the residents of the Township in the November 2009 General Election,
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Township Committee of the Township of Wantage does hereby formally seek the formation of a Joint Municipal Consolidation Study Commission pursuant to the Municipal Consolidation Act, N.J.S.A. 40:43-66.35 et seq. with the Borough of Sussex; and
BE IT FURTHER RESOLVED that the Township Committee will not be submitting the question of forming a Consolidation Commission to the voters of the municipality by referendum. Instead, the Township Committee seeks the immediate formation of a Consolidation Committee comprised of five (5) residents from Wantage Township and five (5) residents from Sussex Borough; and
BE IT FURTHER RESOLVED that if within one year of receiving this resolution from the Township of Wantage, the Sussex County Clerk receives a resolution from the Borough of Sussex requesting that there be formed a Joint Municipal Consolidation Study Commission with Wantage Township, then the Township Committee shall appoint five (5) members to the Consolidation Commission pursuant to N.J.S.A. 40:43-66.42; and
BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the Municipal Clerk of Sussex Borough, the Sussex County Clerk and the Director of the New Jersey Department of Community Affairs; and
BE IT FURTHER RESOLVED that the Wantage Township Clerk/Administrator be directed to post a copy of this resolution in the Township Municipal Building and place a notice in the New Jersey Herald to announce that the Township Committee is soliciting letters of interest and/or resumes from any citizens who would like to be considered to serve on the Consolidation Study Commission for Wantage Township indicating that the letters of interest and/or resumes must be received by the Township Clerk/Administrator no later than May 31, 2008.

The motion was seconded by Ms. Nuss.
Upon roll call, Ayes: DeBoer, Nuss. Nays: None. Absent: None. Abstain: Space.

NEW BUSINESS

Public Hearing of Ordinance 2008-03: Salary Amendment

Mr. Doherty reported that this proposed Ordinance would include the salary for the newly-hired Building Subcode Official, as well as recognizing a salary paid on a temporary basis to Ms. Arlene De la Osa, who filled in as office help for the Court system while the Deputy Court Clerk and Violations Clerk were both unavailable at the same time due to medical reasons.

Mayor Space opened the meeting to the public for any questions or comments regarding this proposed Ordinance.

A resident inquired regarding the duties of a Constable.

Mr. Doherty offered a response.

Ms. Ann Smulewicz asked for a clarification of the salary being paid to John Abate as Constable #2.

Mr. Doherty clarified that this salary is in the amount of $2,600.

Mr. Garofalo stated that Mr. Gettler’s observations do not affect the legal validity of the ordinance being proposed.

Mr. Gettler stated his belief that the salary of the Tax Assessor also was changed.

Mr. Gettler pointed out that the final adoption notice for this ordinance is scheduled for May 8, 2008.

Mr. Doherty agreed with Mr. Gettler’s observation regarding the final adoption date, and informed the governing body that no action should take place this evening on the proposed ordinance. Mr. Doherty stated that the public hearing on this ordinance would once again be held on May 8, as advertised.

Final Hearing of Ordinance 2008-04: Bond Ordinance for Open Space

Mayor Space requested Mr. Doherty to offer an explanation of the proposed Ordinance.

Mr. Doherty offered details of the proposed purchase of 88 acres of land along Old Clove Road, using a combination of local Open Space tax funds and County Open Space tax funds. Mr. Doherty stated that the proposed Ordinance this evening would provide the Township with the ability to finance the local portion of the cost share on this open space acquisition. Mr. Doherty stated that negotiations were still on going with respect to this property, but was able to reveal that the appraised value of the property is $1,940,000. The Township is proposing to fund $800,000 toward a purchase price, and is making an application to the Sussex County Open Space Committee for an additional $1.2 million in funding.

Mr. Doherty clarified that the entire size of Block 113 Lot 11.01 is 127 acres, and together with Block 114 Lot 3 the total size is 145 acres. However, the property owner is not interested in selling 57 acres of property. The only tract he has placed on the table for negotiation is the 88 acre subdivision for which he has received approval.

Mr. DeBoer moved to adopt on final reading, Ordinance 2008-04, entitled “BOND ORDINANCE PROVIDING FOR ACQUISITION OF LAND FOR OPEN SPACE PURPOSES IN AND BY THE TOWNSHIP OF WANTAGE, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING $800,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $760,000 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF”. Mayor Space seconded the motion.

Prior to final roll call, Mayor Space opened the meeting to the public for any questions or comments regarding this proposed Ordinance.

Maggie Kolicko stated her observation that this is a lot of money being dedicated to one parcel for preservation, and inquired what the remaining available funds would be for any future parcels if they become available for preservation.

Mr. Doherty explained that this purchase would commit only a portion of the ten year local open space tax funds, and that other funds could be made available through a similar process if other sites are identified for preservation. The limiting factor is that the Township cannot obligate more funds than can be collected under the ten year referendum.

Mr. DeBoer reiterated that this proposed site was identified as the top site for preservation by the Wantage Township Open Space Advisory Committee.

Mr. Davis suggested the need for a one cent local open space tax to help finance this bond ordinance obligation.

Mr. Davis stated that as a member of the Wantage Township Open Space Advisory Committee he believed it was important to utilize the local open space tax funds instead of sitting on them for an extended period of time with no benefit being realized from the taxes collected.

A resident asked how many homes could be built on the remaining 57 acres which are not included for preservation.

Mr. Doherty suggested that, based on input he has received, it might be 5 or 6 houses. Mr. Doherty stated that in order to be true to the philosophy of not forcing a property owner to sell property for open space preservation, this 57 acres must be treated as a site with its own destiny rather than as a part of the 88 acre subdivision acquisition.

Mr. Gettler stated his belief that the ordinance adopted for Open Space Taxation is not consistent with the Referendum question. Mr. Gettler further emphasized his belief that the property, if acquired, would only be available for passive recreation.

Mr. Doherty stated that the definition of passive recreation is open to some interpretation, but that it was the intention of the Township to embrace that concept by promoting continued use of the property for farming, and for trails, horse trails, and other options available.

Mr. Gettler suggested his belief that the Open Space ordinance needs to be invalidated.

Mr. Doherty stated that while the Township respects Mr. Gettler’s right to express his views and opinions, the Township is not obligated to agree with those positions, and in fact the Township disagrees with Mr. Gettler on this matter.

Mr. Gettler initiated a discussion with Mr. Garofalo regarding the impact of using Green Acres funding.

Mr. Gettler reiterated his belief that the acquisition of open space is not valid under the current Wantage Township ordinance.

Ann Smulewicz stated that Mr. Gettler’s comments and input should not be dismissed.

Mayor Space stated that the Township has answered every one of Mr. Gettler’s comments this evening.

Ms. Smulewicz stated her belief that Mr. Gettler had made valid references and the Township should act on them. Ms. Smulewicz repeated her belief that Mr. Gettler’s comments should not be dismissed.

Mr. Doherty stated that it is possible to disagree without being disagreeable. Mr. Gettler is allowed to present his opinions and views, and the Township has allowed him the opportunity to do so. The Township has a right to disagree with Mr. Gettler’s positions. Doing so is not dismissing his input; it is just disagreeing with it.

Ms. Smulewicz stated that she agreed with Mr. Gettler’s positions.

Mr. Gettler asked if minutes exist to reflect that the Open Space committee has voted to identify this proposed site as its top priority.

Mr. Doherty stated that minutes do exist reflecting discussion between the Open Space Committee and residents of Old Clove Road in which the committee expressed consensus on the importance of this site, but that as an advisory body, the open space members do not take formal roll call votes.

Mr. Gettler expressed the belief that no verification exists regarding the selection of this site as a top priority.

Mr. Doherty stated that the minutes will speak for themselves, as will the members of the Open Space Committee.

Mayor Space stated that he sits on the Open Space Committee and can verify the selection of the site.

Mr. Frank Galligan suggested that the Open Space Committee pursue acquiring High Point State Park.

Mayor Space informed that the Township has already made known their interest in this option.

There being no one else present wishing to address the governing body on this proposed Bond Ordinance, Mayor Space closed the meeting to the public and the governing body returned to the consideration of adoption of this ordinance.

Ms. Nuss initiated a discussion of the level of open space taxation at the county level. Ms. Nuss expressed her belief that the purchase price on this property site is too high.

Mr. DeBoer reiterated that the site is adjacent to Woodbourne Park, and would prevent 26 new homes from being built and becoming a taxpayer burden.

Ms. Nuss suggested that other sites could be looked at.

Mr. DeBoer stated that other sites have been reviewed, and this is why the Open Space committee was chosen, to help select appropriate sites for preservation.

There being no further discussion desired on this matter among the members of the governing body, Mayor Space requested a roll call vote on the motion to adopt Ordinance 2008-04.
Upon roll call,
Ayes: DeBoer, Space. Nays: Nuss. Absent: None. Abstain: None.

Final Adoption of Ordinance 2008-05: Fees

Mr. Doherty reported that this proposed Ordinance would increase the cost of a bulky waste sticker from $25 to $30 for those who wish to participate in the annual bulky waste collection program, and also establish a $15 fee for burial permits in accordance with a NJ Health Department requirement so that the costs of the electronic death recording system of the State can be financed.

Ms. Nuss moved to adopt on final reading, Ordinance 2008-05, entitled “AN ORDINANCE AMENDING CHAPTER XXI, FEES, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE.” Mr. DeBoer seconded the motion.

Prior to final roll call, Mayor Space opened the meeting to the public for any questions or comments on the proposed Ordinance.

A member of the public asked when the bulk waste program would be held.

Mr. Doherty stated that it is always held the first two weeks in June.

There being no one else wishing to speak on this proposed Ordinance, Mayor Space closed the meeting to the public and requested a roll call vote on the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. Doherty requested that prior to adjournment, the governing body enter into closed executive session for an update on negotiations for open space acquisition.

Approval of Minutes

Mr. DeBoer moved to approve the Regular and Executive session meeting minutes of the Wantage governing body held on April 3, 2008. Ms. Nuss seconded the motion.
Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

OPEN PUBLIC SESSION

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

Maggie Kolicko stated that, in her capacity as Secretary for the Heritage and Agriculture Association at Lusscroft, she wished to invite the Township’s participation in a number of fundraising efforts to establish Lusscroft as an Agricultural and Tourist Attraction. Ms. Kolicko stated that the Trails at Lusscroft would have an official opening ceremony on May 17 and invited all to participate. A trail ride would take place on June 7. Ms. Kolicko also invited participation in Vernon Township’s Earthfest celebration. Ms. Kolicko also identified a Mayor’s Press conference being held on May 10 to protest the proposed closing of High Point State Park.

Ms. Kolicko and Mr. Garofalo held a discussion regarding the impact of the Judge’s orders and findings in the CJS litigation. Ms. Kolicko expressed a desire to see the Township challenge the Judge’s findings and order. Mr. Garofalo offered input regarding why he believed the Judge’s finding was pragmatic, and explored the pros and cons of the judge’s finding on the Township’s position.

Ms. Kolicko expressed concern that the County and the State would view the Township’s forced compliance with endorsing CJS’s requests for wastewater inclusion as a reason to allow CJS to obtain all they desire.

Mr. Garofalo disagreed with this analysis, stating that plan endorsement is the sole jurisdiction of the State to determine, and that they will do so with the CJS site just as they would do with any and every site, based on merit.

Mr. Gettler expressed a belief that the trees on municipal property have been over-mulched.

Mr. Gettler reiterated his concerns from the previous meeting regarding the manner in which High Point Regional High School presents its budget and tax impact information, and offered his input regarding the school tax impact for this year.

Mr. Gettler expressed disagreement with Mayor Space’s comments toward Mr. Compa in a recent letter to the editor in the New Jersey Herald newspaper.

Mr. Gettler offered a written rebuttal to a letter to the editor in the New Jersey Herald from Mr. Paul Grau.

There being no other persons interested in addressing the governing body at this time, Mayor Space closed the meeting to the public and the governing body returned to the regular order of business.

Mr. DeBoer moved to enter into closed 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 matter: “Negotiations – Open Space Acquisition, forum Homes site”.
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.

After meeting in closed executive session, Mayor Space reconvened the meeting and the governing body returned to the regular order of business.

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

Mayor Space declared this meeting to be adjourned.

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James R. Doherty, Administrator/Clerk