February 28, 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 member was 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 the Boy Scouts of America, being represented by the Patriots Path Council of the Boy Scouts of America in the Salute To The Flag.

Mayor Space presented a Proclamation congratulating the Patriots Path Council of the Boy Scouts of America on the celebration of the 98th Anniversary of the Boy Scouts of America.

CONSENT AGENDA
Mayor Space 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 Space requested approval of the Consent Agenda.

APPLICATIONS
Ms. Nuss made a motion to approve the following applications.

• Raffle License RL08-08 to Beemerville Presbyterian Church, for an On premise Merchandise Raffle on May 1, 2008
• Raffle License RL08-09 to Beemerville Presbyterian Church, for an On premise 50/50 Raffle on May 1, 2008
• Raffle License RL08-10 to Beemerville Fire Department Ladies Auxiliary, for an On premise Merchandise Raffle on April 4, 2008
• Raffle License RL08-11 to Beemerville Fire Department Ladies Auxiliary, for an On premise 50/50 Raffle on April 4, 2008

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

RESOLUTIONS
Ms. Nuss made a motion to approve Budget Appropriation Reserve Transfer totaling $2,000.00.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $1,367.58 to Allan Cooper, Block 154.03 Lot 13.01, for a tax overpayment.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $48,622.26 to Rite Aid C/O Bruce Stavitsky, Block 7 Lot 12 for a 2007 State Tax Appeal.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $28,085.34 to Main Land Sussex Co., LLC C/O Bruce Stavitsky, Block 7 Lot for a 2006 State Tax Appeal.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $16.00 for overpayment on Dog License Fees to Francine & John Szabo. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $5.60 for an overpayment on Dog License Fees to Bernice Bajda. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve reimbursement of $22.00 for overpayment on Dog License Fees to Eric & Kelly Caldwell. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to approve Change Orders #3 and 4 to the Contract for Improvements to the Wantage Township Animal Control Facility, representing a reduction of $1,500 from the previous contract amount. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to authorize participation in a Grant Project sponsored by the County of Sussex for Records Management. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to award the 2008 contract for printing of the Municipal Calendar to Minisink Press of Newton, New Jersey in the amount of $3,170.00.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Ms. Nuss made a motion to award the 2008 contract for printing of the Municipal Newsletters to Minisink Press of Newton, New Jersey in the amount of $310.00 per issue.
Mr. DeBoer seconded the motion. 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.

Shelter Plan Standard Operating Procedure: Mr. Doherty reported that he has been working with Joe Konopinski, the Emergency Management Coordinator for Wantage, reaching out to representatives at the Schools, the County, and the utility companies, so a clear procedure is ready to implement if/when a warming shelter may need to be opened during a winter storm emergency. Proposed Procedure is completed, and Mr. Konopinski will coordinate a meeting for all persons on the contact list to make sure they understand the procedures.

Request For Governing Body Determination Regarding Plowing Private Driveway:
Mr. Doherty informed the Committee that when he came to work in Wantage Township, a prior practice had already been established in which, from time to time, the Road Department would “help out” an elderly resident who lives on Route 23 by plowing out her driveway. This individual is currently in her 80’s, lives alone, and has medical complications involving disabilities. Twice this winter, the resident has telephoned town hall requesting that the Township plow her out, so that in case she needs an ambulance it can reach her. In prior years, the Administrator has continued the courtesy since it only involved once a winter or so that the snow/ice conditions were severe. In a harsh winter, however, it becomes a question of whether or not it is fair to all residents that the DPW is plowing this one driveway continually. Administrator has no problem continuing the previous practice under justification of emergency management and a courtesy to a senior citizen with a disability, but would need to know what to do if/when the “Me Too” factor happens.

The Committee determined to discontinue the plowing of any private driveway as it is not fair to all the residents of Wantage Township. Mr. DeBoer assured Mr. Doherty that if a medical emergency arose, the First Aid Squad has a 4-Wheel Drive vehicle that could reach the resident.

Request For Release Of Executive Session Minutes: Mr. Doherty informed the Committee that an employee, Kim Moore, requests the release of that portion of the executive session minutes held on January 24, 2008 which involve discussion of her employment. Mr. Doherty presented proposed “redacted” minutes, for consideration of release as a public record.
Ms. Nuss made a motion to release the “redacted” minutes of January 24, 2008.
Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

No Parking on County Route 628: Mr. Doherty reported regarding efforts to follow through on designating Route 628 as a “No Parking” area along the Dog Park area. Mr. Garofalo informed the Committee that a municipality without a police department cannot designate a No Parking Area by ordinance. Mr. Garofalo has been in touch with the State Police for their cooperation and will contact the County Sheriff’s office as well. The Committee asked Mr. Doherty to write to the State Legislature to request the statute be changed.

Proposed Expansion to Wildlife Refuge: Mr. Doherty stated that action was tabled at the last meeting regarding whether or not the governing body of Wantage Township would endorse the proposed expansion of the Wildlife Refuge, so that the members would have an opportunity to review the proposed plan. Deadline for Public Comment is March 10, so if the governing body desires to take a position on this issue, it should be done tonight (no other meetings before 3/10 deadline). Mayor Space stated he would endorse the plan if it did not include condemnation.
Mr. DeBoer made a motion to endorse the proposed expansion of the Wildlife Refuge.
Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Policy for Closing of Town Hall: Mr. Doherty informed the Committee that when he came to work in Wantage Township, existing policy called for employees to receive their regular day’s salary if Town Hall needed to be closed due to inclement weather. Recently, members of the 2008 governing body have questioned whether or not this is the correct course of action. Administrator will take whatever direction the governing body wishes to give on this matter. Mr. Doherty advised that technically, it is probably not enforceable for the Township to “require” an employee to take a sick or personal day when the employer closes the town hall. However, it would be within the governing body’s right to say that there will be no payment for the day if town hall is closed due to weather conditions, and then allow the employee to choose between not getting paid, or having a sick/personal day charged for the absence in order to obtain their day’s compensation. Mr. Doherty suggested discussing this with the attorney before taking action.

Mr. Garofalo suggested that the Committee advise the employees of their desire to change policy prior to taking action, and asked the C.F.O. if it would be difficult to dock the pay of a salaried employee. The C.F.O. stated that salaries are generally not converted to hourly rates.

Status of Negotiations for Open Space Acquisition: Mr. Doherty requested an executive session to discuss status of negotiations with the owner of the Forum Homes Subdivision.

Alternate Energy Sources: Mr. Doherty stated that he is presently investigating feasibility of entering into a Power Purchase Agreement to have solar panels installed on roof of Municipal Building and enter into a long term agreement to purchase electricity from a Developer Owner Manager. Reductions in annual electric bill may offset some or all of the cost of repairing the roof of the municipal building, which will need to be addressed in the next 3-5 years.

Budget Preparation Efforts: Mr. Doherty distributed graphs indicating increases and decreases in the proposed 2008 budget.

ATTORNEY’S REPORT
Mayor Space requested Mr. Garofalo to give the Attorney’s report. Mr. Garofalo requested an executive session to discuss pending litigation.

COMMITTEE REPORTS - None

NEW BUSINESS

Adoption of Ordinance 2008-01: Budget Cap

Mr. DeBoer made a motion to adopt on final hearing, Ordinance 2008-01, entitled “CY 2008 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)”.

Prior to final roll call, Mayor Space opened the meeting to the public for any comments or concerns regarding this ordinance.

Bob Heiden, Old Clove Road, Bill Gettler, Gemmer Road and Anne Smulewicz, Route 23, voiced their opinion that the CAP ordinance should not be needed and gave suggestions that the Township should cut costs. Mr. DeBoer stated that if the increase is not needed, it will not be used, and that most municipalities adopt this ordinance as a safeguard. Mr. Doherty explained the cap procedure for the public.

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

Mr. DeBoer moved to adopt Ordinance 2008-01. Mayor Space seconded the motion.
Upon roll call, Ayes: DeBoer, Space Nays: Nuss Absent: None. Abstain: None.

Approval of Minutes

Mr. DeBoer made a motion to approve the regular and Executive session meeting minutes of the Wantage governing body held on February 7, 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.

Anne Smulewicz, Route 23, stated her opinion that Wantage Township does not provide services and should continue cost cutting measures.

Kevin Mitchell 52 Ryan Road, asked for clarification on the payment of bond principal and strongly suggested that eminent domain not be used to expand the Wildlife Refuge.

Mr. Gettler questioned some of the information contained in the preserve maps and the data used in Mr. Doherty’s graphs. Mr. Gettler also presented Mr. Doherty with an OPRA request.

John Coykendall, Ann Marie Lane, and Ms. Compa, 5 Joseph Drive, also stated that Wantage receives no services for their tax payments and suggested ways to cut costs.

Mayor Space explained that a town can either receive the same public services as a City or maintain its rural quality, and expressed his belief that it is the wish of most Wantage Township residents to keep Wantage a rural community. Mr. DeBoer explained the expense of keeping the 125 miles of Wantage Township roads paved, repaired and maintained.

Mr. Heiden asked why it is necessary to improve a public road and not the Lake Neepaulin Dam. Mr. Doherty suggested that the difference would involve public versus private property.

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

EXECUTIVE SESSION

Mr. DeBoer 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 matter: “Negotiations – Open Space Acquisition – Forum Homes and Pending Litigation - CJS”. 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, the members of the governing body returned to open session and continued with the regular order of business.

Mrs. Nuss made a motion to authorize Mr. Garofalo to agree to the terms of settlement with CJS investments as outlined in the executive session minutes.
Mayor Space seconded the motion. Upon roll call,
Ayes: Nuss, Space Nays: DeBoer Absent: None. Abstain: None.

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.

_________________________________
James R. Doherty, Administrator/Clerk

Honoring The Patriots’ Path Council of the Boy Scouts of America

WHEREAS, the success of Scouting for Cub Scouts, Boy Scouts, Explorers, and Venturing depends on our community organizations; and

WHEREAS, there are 505 churches and synagogues, schools and parent- teacher associations, service and fraternal clubs, and other community organizations that have been chartered in our area by the Boy Scouts of America to use the Scouting program; and

WHEREAS, the volunteer leaders selected by these chartered organizations are performing an outstanding service for 18,871 boys and young men and women; and

WHEREAS, the Patriots’ Path Council of the Boy Scouts of America and its corps of dedicated volunteer leaders are providing necessary support to the leaders in the 6,236 Cub Scout Packs, Boy Scout Troops, Explorer Posts, and Venture Crews;

NOW, THEREFORE, I, Parker Space, Mayor of the Township of Wantage, proclaim the week of February 2-9, 2008, as Scouting Anniversary Week and urge our citizens to join with me in expressing appreciation to the community organizations and their volunteer Scouting leaders for bringing this values-based program to our young people.