October 2, 2008

MINUTES OF THE REGULAR 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 OCTOBER 2, 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.

Ms. Nuss requested the bill list be removed from the consent agenda.
There being no Committee member present wishing to offer any further comment on the proposed Consent Agenda, Mayor Space requested approval of the Consent Agenda, as amended by the removal of the bill list.

REPORTS

Mr. DeBoer made a motion to approve the following reports for filing.

Construction Department Report for September 2008
Municipal Clerk Report for September 2008
Registrar Report for September 2008
Board of Health Report for September 2008
Tax Collector Report for September 2008

APPLICATIONS

Mr. DeBoer made a motion to approve Bingo Application 2008-29, by High Point Regional High School Booster Club, to conduct Bingo on 11/21/08.
Ms. 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 2008-30, by High Point Regional High School Booster Club, to conduct an On Premise 50/50 Raffle on 11/21/08. Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

RESOLUTIONS

Mr. DeBoer made a motion to renew the contract with Wantage Excavating Co., Inc., for snow plow operator services on an as needed basis, through the date of June 30, 2009 in accordance with the bid specification dated November 2007.
Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mr. DeBoer made a motion to authorize refund for taxes paid after lien redemption to US Bank in the amount of $3,255.63 for Block 105 Lot 4.
Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mr. DeBoer made a motion to authorize refund for tax sale premium to US Bank in the amount of $1,000 for Block 105 Lot 4. Ms. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

Mr. DeBoer made a motion to authorize the refund of $542.54 to Michael Cecchini to refund completed land use application funds associated with Block 116 Lot 10.05.
Ms. 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 present the Administrator’s report.

Mr. Doherty reported that the Township received a summons for civil suit from the County Sheriff’s Department regarding William and Priscilla Gettler vs. the Township of Wantage. Mr. Doherty turned the paperwork over to Mr. Garofalo for proper handling.

Mr. Doherty reported that all necessary work has been completed for the transfer of Blair Road to the County of Sussex County.

ORDINANCE #2008-17
Ms. Nuss made a motion to introduce on first reading Ordinance #2008-18 “An Ordinance Consenting to the Acceptance of Jurisdiction for Lusscroft Road from the County of Sussex and conveying that portion of Blair Road Within Wantage Township to the County of Sussex”, final hearing date October 30, 2008” with change in Paragraph 1. (County Route 627 to County Route 639). Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mr. Doherty reported that Boy Scout Troop 97 will hold a ceremony to honor Eagle Scout Richard Flynn on November 8, 2008, at 2:00 pm at HPRHS. Mayor Space or his designee will attend.

Mr. Doherty reported that Ms. Nuss has requested a cost differential analysis regarding mileage reimbursement versus the purchase of a municipal vehicle for UCC sub-code officials. Mr. Doherty informed the Committee that he is close to the end of his report and should be ready to present at the October 30, 2008 meeting.

Mr. Doherty suggested that the Committee, prior to 2009 budget meetings, review the possibility of adopting a policy where employees who are covered under other health benefit plans be allowed to waive coverage with Wantage Township and receive 1/3 of the premium as an incentive. The Township would then save 2/3 of the budgeted premiums for each employee who wished to participate.

Mr. Doherty reported that he attended a recent Consolidation Commission meeting and received communication regarding lack of information from the State Police. The Commission requested history for the past 12 months in an effort to complete a report for the Committee’s review. Mr. Doherty suggested that if the information is not received by the end of October, he will make a formal OPRA request. The Committee agreed by consensus.

ATTORNEY’S REPORT

Mayor Space requested Mr. Garofalo present the Attorney’s report.

Mr. Garofalo reported that he will address the Committee under New Business

COMMITTEE REPORTS

Mr. DeBoer forwarded correspondence regarding new regulations for emergency responders for incidents occurring on major highways to Mr. Garofalo for his review.

OLD BUSINESS – None

NEW BUSINESS

Discussion: Litigation With CJS Investments

Mr. Garofalo gave a brief legal history of the builder’s remedy lawsuit CJS Investments filed against Wantage Township.

In 2005 Wantage Township was attempting compliance with regulations set forth by the NJ Council of Affordable Housing (COAH) and drafted a fair share (housing) plan. The housing plan was scheduled for public hearing at a December 2005 Wantage Township Committee meeting and earlier that same day, CJS Investments filed a builder’s remedy lawsuit against Wantage Township. A builder’s remedy lawsuit is a legal device which, if successful, would force municipalities to implement an affordable housing plan created by a developer rather than the municipality, and would also allow builders to build a greater number of units than they would otherwise receive approval for by municipal land use or planning boards. Once a builder’s remedy lawsuit has been filed, COAH will not review or approve a municipality’s housing plan until the suit is settled.

To date, the Builder’s remedy suit has not been heard and Wantage Township has not been proven to be non-compliant. In 2006 CJS filed a summary judgment motion claiming that Wantage Township was not willing to provide their fair share of affordable housing and asked for their bonus units. CJS lost that motion. Several additional lawsuits have been filed by CJS against Wantage Township. Those lawsuits do not affect the builder’s remedy suit.

The Wantage Township Land Use Board was compelled by the courts to grant approval for CJS to build a development on Lower Unionville Road. The plan as approved, would require CJS to receive local endorsement for Town Center Designation and have that tract of land be designated in our sewer service or wastewater management plan. Those two conditions require approval of both Sussex County and the State of New Jersey DEP. To date the only approval CJS has received is a sewer allocation of less than 20,000 gallons from the County.

Mr. Garofalo further explained that CJS has offered a settlement through a consent order which would withdraw the builder’s remedy lawsuit. During an executive session held at the September 25, 2008 meeting, the Committee agreed by consensus that it would be best to hold tonight’s discussion at a public forum, to inform the residents of the circumstances of the builder’s remedy lawsuit and open the meeting to the public for their questions.

The general terms of the settlement are that CJS will continue their attempt to obtain permits to build on Lower Unionville and Wantage Township will not stand in their way. Mr. Garofalo stated that he could continue to fight this builders remedy lawsuit, but even if he were to win, CJS will have no more or no less than they have right now. Through a settlement of the builders remedy lawsuit, Wantage Township would gain the opportunity to have their COAH plan approved by the State and prevent other builders from filing builder’s remedy suits against Wantage Township.

At this time Mayor Space opened the meeting to the public.

Ed and Nicki McManus, 132 Lower Unionville Road; Lisa VanWyk, 140 Lower Unionville Road; Matthew and Maryanne Wolff, 107 Lower Unionville Road; Bob Kohle, 4 Judge Beach Road; Maggie Kolicko, 22 August Lane; Joe Keller, 187 Lower Unionville Road; Ken Enhoffer, 149 Lower Unionville Road; Jon Stebal, 8 Judge Beach Road and Marie Springer, Vernon Township asked the Attorney, Governing Body and Administrator various questions regarding the lawsuit, with the central desire being an assurance that CJS will never receive the approvals to complete their project on Lower Unionville Road. The public was informed that although there is no such thing as a guarantee as to what the State or County may approve, it is very unlikely that CJS will receive all approvals necessary for development to occur, since the Route 23 Corridor has been designated as the site for projects the size of CJS’s proposed development.

As there were no further comments or questions from the public, Mayor Space closed the meeting to the public.

Mayor Space made a motion to accept CJS’s Proposed Consent Order as Outlined by Mr. Garofalo. Mr. DeBoer seconded the motion.

Mr. DeBoer stated that he has spent the last few years fighting CJS on this issue as it was the wish of the public that this development not be built on Lower Unionville Road and will second the motion with regret. Mayor Space agreed that spending additional taxpayer funds to wind up in the same place we are now makes no financial sense at this point. Ms. Nuss stated that this site is not viable for the number of housing units CJS was proposing.

Upon roll call,
Ayes: DeBoer, Space Nays: Nuss Absent: None Abstain: None

APPROVAL OF MINUTES

Mrs. Nuss made a motion to approve the Regular and Executive Session meeting minutes of the Wantage governing body held on September 25, 2008.
Mr. DeBoer 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.

William Gettler, Gemmer Road asked if Judge Dana has been appointed by the Governor. Mr. Doherty informed that the Office of The Governor has acknowledged receipt of Judge Dana’s appointment and has begun the review process. Mr. Garofalo informed that Judge Dana will remain as Municipal Joint Court Judge until his successor is named.

Mr. Gettler asked the Committee of the status of his August 14, 2008, request for a criminal investigation. Mr. Doherty also asked the Committee about the status of Mr. Gettler’s request as Mr. Doherty was named in his communication. Mr. Gettler was informed that the Committee sees no merit in Mr. Gettler’s claims and has no intention of pursuing a criminal investigation. Mr. Gettler was further informed that he is welcome to bring his concerns to the County Prosecutor.

Maria Springer invited the Committee to attend National Refuge Day on Saturday between 1 and 6 pm. Christine Feoranzo updated Mr. Garofalo on her research into a recent law regarding Tennessee Gas Pipeline. Maggie Kolicko thanked the Committee for tonight’s public session and invited everyone to attend the Veteran’s Memorial Car and Bike Show Sunday at Woodbourne Park. Other members of the public thanked the Governing Body and Administrator for this meeting as well as a recent meeting regarding Tennessee Gas Pipeline right of way.

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

There being no other items for consideration at this time, Mr. DeBoer moved to adjourn the meeting. Ms. 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