JANUARY 31, 2008

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 JANUARY 31, 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 led the assembly in the Salute to the Flag.

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.

• Tax Collector’s Report for December 2007
• Board of Health Report for December 2007
• Registrar Report for December 2007
• Construction Department Report for calendar year 2007
• Municipal Clerk Report for December 2007

APPLICATIONS
Mr. DeBoer made a motion to approve Raffle Application RL08-06, to Sussex Womens Club, for an Off Premise 50/50 to be held on May 1, 2008.
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer made a motion to approve Raffle Application RL08-07, to American Legion Post 213, for an Off Premise 50/50 to be held on June 29, 2008.
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

RESOLUTIONS
Mr. DeBoer moved to offer Congratulations to Sussex United Methodist Church on their 150th Anniversary. Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer moved to accept the deed for road widening purposes dedicated as a condition of a minor subdivision on Block 142, Lot 14 (Turnquist) on Clove Road.
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer moved to authorize the refund of $50.00 to Dykstra & Walker representing refund of a soil log fee overpayment, associated with Block 154.03 Lot 3 and 3.02
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer moved to acknowledge report from the New Jersey Department of Personnel that Kevin Kervatt successfully passed the Promotion Exam for the position of Senior Housing Inspector, and authorizing his promotion to that position.
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer moved to authorize Public Works Fuel dispensing Interlocal Services Agreement with Sussex Borough, allowing Sussex Borough Public Works Department to utilize the Wantage Township Fuel Dispensing pumps for their public works vehicles.
Mrs. Nuss 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.

Notification System for Escapes at Stokes State Forest Correctional Facility:
Mr. Doherty asked the Committee to see his letter dated January 22, 2008 from Commissioner of Department of Corrections, assuring the governing body that they shall utilize the e-mail contact system for escaped convicts in the future, as proposed by Wantage Township Administrator.

Open Space Committee Meetings:
Mr. Doherty informed the Committee that the OSAC members have decided that they will meet on the last Tuesday of each month at 6:30 p.m.

Open Space Plan:
Mr. Doherty informed the Committee that the proposed Open Space Plan for Wantage Township has been distributed to members of the OSAC committee and the governing body. Mr. Doherty asked that the OSAC members take about two weeks to look over the plan, and then return their draft copies with any input for changes. Mr. Doherty will then give copies of the plan to the Land Use Board to review. An open meeting will be held on February 26 with any members of OSAC, the Land Use Board, and the governing body who want to discuss the draft plan, and then the Township will plan on presenting the plan to the public immediately thereafter by posting it on the Township website, and setting a public hearing meeting for 7:00 p.m. on March 13, 2008. Mr. Doherty requested a brief executive session regarding negotiations on the purchase of opens space land.

State Law About Tax Exemptions for religious purposes:
Mr. Doherty informed the Committee that the Wantage United Methodist Church made an inquiry regarding how their property along Route 23 would be treated for tax purposes, if developed. The governing body members, do not have any discretion to allow greater exemptions than that which is provided by state law per an assessment of the development plan.

Lake Neepaulin Dam Repair:
Mr. Doherty reported that Mayor Space has co-signed the loan application with FOLN, as authorized in December. FOLN will submit the loan application to the State of NJ. At same time, FOLN will write letters to NJDEP seeking extension on deadlines for action to repair the dam. And, FOLN will secure services of a consulting engineer to prepare specific and final action plan for dam repair so full costs will be known. Assessor will investigate the Special Assessments for dam repairs, and be prepared to advise regarding options for tiering the cost burden once the costs have been established. The Administrator will review the proposed wording for a Co-Borrower agreement between Wantage Township and FOLN, to make sure that a “worst case scenario” situation will be spelled out in the event that the 2% loan is not approved, or if cost overruns occur.

Proposed Liquor License Transfer:
Mr. Doherty stated that HPlay Liquors LLC has made an application to obtain Woody’s Liquor Shop. The only aspect of the application left is to receive the criminal background check from State Police. The applicant has advertised a public hearing on their application for this evening’s meeting. No objections have been received in my office. In a situation such as this the NJ Division of alcoholic Beverage Control suggests that a local governing body may choose to acknowledge the application at the meeting, as advertised, and then carry/table further action or consideration on the application until such time as the background check takes place. This preserves the state regulations for public notices about liquor license transfers without requiring the applicant to re-advertise their notices at a future date.

Mr. DeBoer moved to acknowledge the Liquor License Transfer from Woody’s Liquor Shop to HPlay Liquors, LLC, as advertised, and table further action or consideration on the application until such time as the State Police background investigation has been completed.
Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Municipal Prosecutor Mandates Bill:
Mr. Doherty asked the Committee to see the attached copy of letter from the NJ League of Municipalities, explaining drawbacks and hardships to proposed state legislation regarding mandates on the office of a Municipal Prosecutor. The Committee agreed by consensus to authorize Mr. Doherty to send a letter to Assembly persons McHose and Chiusano, expressing our opposition to this proposed law.

Sign Ordinance:
Mr. Doherty reported that the Land Use Board has reviewed the most-recent draft of the proposed sign ordinance and believes it is now ready for your re-consideration. Mr. Mike Garofalo has made minor changes and Mr. Doherty and asked the Committee to inform him when they are ready to place the ordinance back on the agenda.

Citizens Advisory Committee for Plan Endorsement:
Mr. Doherty stated that his efforts to find an acceptable meeting date for all members of this committee in February have proven unsuccessful, and will try again to set an initial meeting date for early March.

ATTORNEY’S REPORT

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

Mr. Garofalo informed the Committee that the Township is faced with another CJS motion seeking that the builder’s remedy matter be transferred to COAH and included with other lawsuits. This would shift jurisdiction from the court system to COAH. CJS has not gathered new evidence and is proceeding with same information used when the case was dismissed. The motion is to be heard the end of February.

Mr. Garofalo requested Mr. Doherty have two properties appraised along Blair Road. Now that construction is complete, two of the four properties have donated the right of way necessary for the road improvement and two have not. Mr. Garofalo has been unsuccessful in his attempts to have these two property owners respond to his request to sign over the right of way, not because they have a problem with the road improvement and the necessary right of way, but simply because they have not bothered to comply with his requests to sign the deeds.

Mr. Garofalo informed the Committee that an acceptable developer’s agreement has been drafted for Forum Homes and may be signed by the Mayor as soon as a formal signature page is available.

Mrs. Nuss informed the Committee that she attended the grand opening of Snap Fitness this weekend. Mrs. Nuss was happy to report that the owners expressed great satisfaction in working with Kevin Kervatt, Wantage Township Zoning Officer, and asked that these comments be passed on to Kevin.

Mrs. Nuss informed the Committee that she contacted Ronald Rice and informed him of her opposition to pending legislation that requires each municipality to hire a qualified purchasing agent. The Committee agreed by consensus to have Mr. Doherty send a letter to legislators expressing the governing body’s opposition to this proposed law.

OLD BUSINESS - None

NEW BUSINESS

Adoption of Ordinance 2008-01: Budget Cap

Mr. DeBoer made a motion to adopt on final reading, 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 questions or comments regarding this proposed ordinance.

William Gettler, Gemmer Road, questioned the figures in the ordinance, suggesting that they appear to have been calculated using the entire budget, not just the “inside the cap” figure. As there was no one else from the public who wished to comment on this ordinance, Mayor Space closed the meeting to the public.

Mrs. Nuss made a motion to carry this ordinance to the next meeting to allow the CFO to check her figures regarding this ordinance. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Adoption of Ordinance 2008-02: Salary

Mr. DeBoer made a motion to adopt on final reading, Ordinance 2008-02, entitled “ORDINANCE FIXING THE SALARIES OF OFFICERS AND EMPLOYEES OF THE TOWNSHIP OF WANTAGE, COUNTY OF SUSSEX AND STATE OF NEW JERSEY, FOR THE YEAR 2008” Ms. Nuss 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. As there was no one who wished to comment on the ordinance, Mayor Space closed the meeting to the public. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Approval of Minutes
Mr. DeBoer made a motion to regular and Organization meeting minutes of the meetings of the Wantage governing body held on January 3, 2008. Mayor Space 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.

Art Jacobs, 38 Beemer Church Road, reported on behalf of the Sussex/Wantage Board of Education that they have hired a new Business Administrator, at an annual salary of $100,000 plus expenses, who previously worked in the Jefferson and Montville School Districts and will be hired effective April 18, 2008.

Mayor Space congratulated Mr. Jacobs and the School Board for their cost containment efforts.

Anne Smulewicz, 108 Route 23, offered comments regarding budget preparation, stating that not all members of the Board of Education agreed with Mr. Jacobs’s position.

Tom Davis, 63 Walnut Street, Open Space Advisory Committee member, informed the Committee that the OSAC met last night and feels that a .50 cent open space tax for 2008 will not enable them to make the open space land acquisitions which are currently in their open space plan. Although he emphasized that he is not speaking for the entire Advisory Committee, he asked that the Committee carefully consider this drastic reduction and perhaps settle on a 1.0 cent open space tax rate.

Mr. Gettler, Gemmer Road, voiced his opinion that when the voters voted in the open space tax he believed that the Township would be collecting $130,000 when in fact, the Township collected in excess of $285,000. Mr. Gettler stated his belief that the Township should not collect any open space tax money this year.

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

EXECUTIVE SESSION

Mrs. Nuss 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”. 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.

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

After meeting in closed executive session, the members of the governing body returned to open session and continued with 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