September 11, 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 SEPTEMBER 11, 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, Township Engineer Harold Pellow.

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.

At the request of Mayor Space, all persons present participated in a Moment of Silent Meditation in memory and honor of the American Citizens, Police officers, Fire fighters and Emergency response professionals and volunteers who lost their lives on September 11, 2001 during the “9-11” terrorist attack against the United States 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.

CORRESPONDENCE
Mrs. Nuss made a motion to approve the following correspondence for filing.

• Letter dated September 4, 2008, from NJDCA Commissioner Joseph Doria, announcing that Wantage Township has received a grant in the amount of $46,000 to provide funds for the Consolidation Study Commission of Wantage Township and Sussex Borough.
• Letter dated August 19, 2008 from William Haggerty, expressing an interest in serving the Joint Municipal Court of Wantage Township and Sussex Borough in the position of Prosecutor.
• Letter dated August 20, 2008 from James Sloan, expressing an interest in serving the Joint Municipal Court of Wantage Township and Sussex Borough in the position of Public Defender.
• Letter dated August 29, 2008 from Douglas Cestone of 958 Route 23, expressing support for the rehabilitation of the Lake Neepaulin Dam.
• Letter dated September 4, 2008 from Mayor Parker Space to Employee Melissa Caton, offering congratulations on job well done as cited by New Jersey Division of Fire Safety during annual audit of the Wantage Township Fire Prevention Bureau.

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

REPORTS
Mrs. Nuss made a motion to approve the following reports for filing.

• Construction Department Report for August 2008
• Municipal Clerk Report for August 2008
• Registrar Report for August 2008
• Board of Health Report for August 2008
• Tax Collector Report for August 2008
• Tax Collector Report of September Tax Sale Results

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

APPLICATIONS
Mrs. Nuss made a motion to approve Raffle Application 2008-24, by Pvt. Charles Auberger Post 213 American Legion, to conduct an On Premise 50/50 Raffle at Woodbourne Park on October 5, 2008. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

RESOLUTIONS
Mrs. Nuss made a motion to approve Payment of Bills for the meeting of September 11, 2008. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve Chapter 159 Budget Amendment Resolution, acknowledging receipt of Grant from NJDCA in the amount of $46,000 for the Joint Consolidation Study Commission of Wantage Township and Sussex Borough. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve the Extension to Trustee Application of Tara Inn, Inc., for Liquor License 1924-33-003-005, effective June 30, 2008. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve the renewal of Liquor License 1924-33-003-005 for the 2008-09 Licensing term. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to state compliance with the requirements of State Law and the Rules and Regulations of the Local Finance Board in connection with the Annual Report of Audit for 2007. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the Mayor and Emergency Management Coordinator to sign the Agreement with the County of Sussex for “Uniform Mutual Aid Agreement for Fire Services Within Sussex County”. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $4,200.00 to Allen Kumetz for tax sale premium associated with Block 44.04 Lot 4. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $3,270.16 to Roger & Frances Sager to refund a tax overpayment due to 2008 farmland assessment associated with Block 136, Lots 14.02 and 14.03 Q0026. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $1,839.56 to Wielka Polana, LLC for a tax overpayment due to 2008 farmland assessment, associated with Block 139, Lot 17 Q0031.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $1,695.24 to Clark & Victoria Howell for a tax overpayment associated with Block 149, Lot 9. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $265.35 to Guy & Jodie Harby for a tax overpayment due to 2008 farmland assessment, associated with Block 121, Lot 11.01 Q0028. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $1,135.70 to Horace Hickey for a tax overpayment due to 2008 farmland assessment, associated with Block 130, Lot 8.12 QFARM. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $2,503.21 to G. Haralambobopolous for seeding and haying bond 2008-SH-01 associated with Block 129 Lot 4.07. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $75.00 to Coyote Modular, to refund an overpayment on a zoning permit associated with the Block 133 Lot 19. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to authorize the refund of $146.00 to Applied Services to refund an overpayment on two building permits associated with the Block 136 Lot 11.06. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to acknowledge the Mayor’s Proclamation dated September 6, 2008, offering congratulations to Anthony Higgins for achieving the rank of Eagle Scout. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to approve Change Order #1 to the Project entitled “Replacement of Central School Road Box Culvert” with Empco Contracting, Inc., in accordance with recommendation of the Township Engineer, authorizing an adjusted contract of $69,750 (a decrease of $24,031). Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to accept the Project entitled “Replacement of Central School Road Box Culvert” by Empco Contracting, Inc., in accordance with recommendation of the Township Engineer. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to confirm the award of Contract to Reclamation of Kingston, LLC under the Morris County Cooperative Purchasing Agreement, in the amount of $53,802.32, for Improvements to Central School Road Section II. Certification of Availability of Funds from the Chief Finance Officer is on file in the Clerk’s office. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to confirm the award of Contract to Denville Line Painting, Inc., under the Morris County Cooperative Purchasing Agreement, in the amount of $9,942.58, for Improvements to Central School Road Section II. Certification of Availability of Funds from the Chief Finance Officer is on file in the Clerk’s office. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Mrs. Nuss made a motion to confirm the award of Contract to Owl Contracting under the Morris County Cooperative Purchasing Agreement, in the amount of $243,643.60 for Improvements to Central School Road Section II; in the amount of $83,340.00 for Improvements to Ryan Road Section I & II; in the amount of $62,176.50 for Improvements to Crigger Road; in the amount of $62,065.00 for Improvements to Spreen Road; Certification of Availability of Funds from the Chief Finance Officer is on file in the Clerk’s office. 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 present the Administrator’s report.

Insurance Broker: Mr. Doherty reported that Scott Readlinger of Hale Insurance Brokerage has been invited to address the governing body on the issue of continuity of service by Country Insurance Agency in light of the recent passing of the Township Insurance Agent, Bill Nester.

Change in Meeting Schedule: Mr. Doherty reported that per the request of Mayor Space, the meeting of the Mayor and Committee of the Township of Wantage previously scheduled for October 9 has been moved to October 2, 2008.

Upgrade to Municipal Computer Server: Mr. Doherty requested authorization to purchase a New Server for the municipal computer system, at a cost of $5,420, through Municipal Software, Inc.
Mrs. Nuss made a motion to purchase a new server from Municipal Software, Inc., for $5,420.00. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Report of Audit: Mr. Doherty asked the governing body to sign the annual Group Affidavit Form with respect to the Report of Audit for the year 2007. Mr. Doherty offered congratulations to Chief Finance Officer Michelle LaStarza for her accomplishments on behalf of the Township, as detailed by the stellar results of the Report of Audit.

Soil Removal Permit Renewal Application: Mr. Doherty reported that 565 Land Development LLC has applied for renewal of their soil removal license for Block 117 Lot 38.01. Harold Pellow will review and make recommendation for same.

Concerns with Section of Route 23: Mr. Doherty reported that several Wantage Township residents have contacted the office of Senator Oroho to express concern with speed of traffic and occurrence of accidents along a stretch of State Highway Route 23; seeking reduction in speed limit and change to “No Passing” zone. Senator Oroho has forwarded this to the NJ Department of Transportation, who is in the process of reviewing the situation.

Inquiry Regarding Black Dirt Road: Mr. Doherty referred the Committee to a letter dated 9/8/08 from Alan Wolpert, inquiring regarding Township’s intentions with Black Dirt Road. Administrator suggests forwarding to Township Engineer for consideration and input. Harold Pellow will investigate the status.

Introduction of Ordinance 2008-13: Ordinance to Rescind Ordinance 2008-08
Mr. Doherty reported that with receipt of a $46,000 Grant for the Consolidation Study, Ordinance 2008-08 for a five-year special emergency is no longer necessary.

Ms. Nuss made a motion to introduce on first reading, Ordinance 2008-13, entitled “ORDINANCE RESCINDING ORDINANCE 2008-08”. Final Hearing date set for September 25, 2008. Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Introduction of Ordinance 2008-14: Ordinance Amending Ordinance 2008-07
Mr. Doherty reported that date to abolish the Wantage Township Municipal Court and create the Joint Court of Wantage and Sussex, by request of Judge Bozanelis, has been moved from September 1, 2008 to October 1, 2008.

Mr. DeBoer made a motion to introduce on first reading, Ordinance 2008-14, entitled “ORDINANCE AMENDING ORDINANCE 2008-07”. Final Hearing date set for September 25, 2008. Mrs. Nuss seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Gypsy Moth Egg Mass Survey: Mr. Doherty reported that the NJ Department of Agriculture will be conducting the egg mass survey in Wantage Township When results are provided, Administrator will provide to Committee.

Status of Road Swap for Blair Road and Lusscroft Road: Mr Doherty asked Mr. Garofalo to cover this in his attorney’s report.

Introduction of Ordinance 2008-15: Amendment to Salary Ordinance
Mr. DeBoer made a motion to introduce on first reading, Ordinance 2008-15, entitled “AMENDMENT TO 2008 SALARY ORDINANCE ORDINANCE – Effective Date October 1, 2008”. Final Hearing date set for September 25, 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 make the following appointments to the Joint Municipal Court, Effective October 1, 2008:

• Judge (subject to Governor's approval): Craig Dana, at a salary of $37,052 per year, pro-rated (was $36,052)
• Prosecutor: William Haggerty, as a contractual employee for a fee of $37,000 per year, pro-rated (was $33,000)
• Public Defender: James Sloan, as a contractual employee for a fee of $6,500 per year, pro-rated (was $3250)
• Court Administrator: Catherine Nestel, at a salary of $51,152 per year, pro-rated ($1,000 stipend)
• Deputy Court Administrator: Cheryl Fredericks, at a salary of $38,536 per year, pro-rated. ($1,000 stipend)
• Court Violations Clerk: Marcia Snyder, at a salary of $354 per year, pro-rated (no change)
• Assistant Violations Clerk TBA, at a salary of 12/hr daytime, $15/hr evenings (new employee)
• Court Attendant Dennis Negele, at a salary of $4,460 per year, pro-rated ($300 stipend)
• Court Attendant Steven Danner at a salary of $3,420 per year, pro-rated ($300 stipend)

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

At this time, Mayor Space recognized Mr. Scott Readlinger of Hale Insurance Brokerage, who informed the Committee that the merger between his company and Country Insurance has been completed and he sees no problem with Hale Insurance providing the Township with the same level of service received by Mr. Nestor and Country Insurance. Mr. Readlinger informed the Committee that Hale has offices in Cranford, Elizabeth and Kenilworth, NJ along with the newly acquired Sussex and Vernon offices of Country Insurance.

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

Mr. Garofalo reported that a permit extension act was signed this week which will extend land use applications for new construction through 2010 to help developers during the recent building decline. This legislation does not apply to planning areas 4 & 5, therefore, it does not apply to Wantage Township and all of Sussex County.

Mr. Garofalo reported that Highlands legislation was signed by the Governor, with repercussions reflecting that the Highlands Act is a higher State priority than COAH. Wantage Township is not part of the Highlands designation.

Mr. Garofalo offered details regarding the status of COAH Rules and Regulations, indicating that further legal challenges and adjustments will be very likely in the months and years to come.

Mr. Garofalo reported that Wantage Township will need a new COAH plan by December 31, 2008 and asked that the Committee authorize the Municipal Planner to prepare such a plan. The Committee agreed by consensus.

Mr. Garofalo reported that the transfer of Blair Road to Sussex County and the transfer of Lusscroft Road from Sussex County should be completed by November 1. Mr. Garofalo will have an ordinance to be introduced for the October 2, 2008 meeting.

ENGINEER’S REPORT
Mayor Space requested Mr. Pellow present the Engineer’s report.

Mr. Pellow outlined completion of recent road projects including Crigger Road, Ryan Road, Spreen Road and Central School Road, Box Culvert and Paving. The Wantage DPW will be completing some minor work on Central School Road and will be starting the Parking Lot at Woodbourne Park.

COMMITTEE REPORTS: None.

Final Adoption of Ordinance 2008-10: Property Maintenance Code Amendment
Carried over from the August 14, 2008 meeting)

Mr. Doherty outlined three minor amendments to the Ordinance as it was introduced, as a result of resident comments received during the last public hearing on this ordinance. Mr. Doherty indicated that the governing body, if they so chose, could remove the words “for the control of buildings and structures as herein provided” without affecting the validity of the ordinance; that Section 302.4 should specify a height of ten inches for weeds; and that Section 303.14 from Ordinance 2006-07 should be amended to Section 304.14 in Ordinance 2008-10.

Mr. Garofalo agreed that these were minor amendments which do not affect the adoption of this ordinance at this time, and that the governing body may proceed with consideration of final adoption without the need to re-advertise the text of the ordinance.

Mr. DeBoer made a motion to adopt on final reading, Ordinance 2008-10, entitled “AN ORDINANCE TO AMEND CHAPTER 8-2 OF THE GENERAL ORDINANCES OF THE TOWNSHIP OF WANTAGE ENTITLED ‘PROPERTY MAINTENANCE CODE’” with amendments as specified by Mr. Doherty. Mrs. Nuss seconded the motion.

Mayor Space reopened the meeting to the public.

Bill Gettler, Gemmer Road, reiterated his comments from the previous meeting.

Mr. Doherty explained that the Committee has agreed that these three changes are all that are warranted.

Mr. Garofalo explained that the system has worked exactly as it should where a resident voices concern, the Committee reviews the concern, and makes an informed decision as to the outcome for the Township.

Mr. Gettler reiterated his dissatisfaction with the proposed adoption of this ordinance.

As there was no one else from the public who wished to comment on this 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.

NEW BUSINESS

Introduction of Ordinance 2008-12: Purchase of Fire Equipment
Ms. Nuss made a motion to introduce on first reading, Ordinance 2008-12, entitled “ORDINANCE APPROPRIATING THE SUM OF $9,350.00 FOR PURCHASE OF FIRE EQUIPMENT”. Final Hearing date set for September 25, 2008.
Mr. DeBoer seconded the motion. Upon roll call, Ayes: DeBoer, Nuss, Space. Nays: None. Absent: None. Abstain: None.

Request For Yield Sign
The Governing Body considered a request from Pleasant Acres Campground for the placement of a Yield Sign on DeWitt Road. Mr. Pellow was asked to review and respond to Mr. Doherty.

Request by Quik Chek Corporation – Relocation of Utilities
The Governing Body considered a request from Quik Chek Corporation for adoption of a Resolution requiring relocation of existing utilities as part of the relocation of Clark Road. Mr. Garofalo explained that Quik Chek and the utility company are having difficulty regarding who will be paying for the relocation of utility lines on Clark Road as it is a private road until such time as the project is complete. Mr. Garofalo reported that he can advise the utility company that Clark Roads will become a Wantage Township Road with the completion of the Quik Chek project. The Committee agreed by consensus to have Mr. Garofalo prepare this communication.

Approval of Minutes
Ms. Nuss made a motion to approve the Regular and Executive Session meeting minutes of the Wantage governing body held on August 14, 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.

John Barratta, 79 Lower Unionville Road and Sue Murrell, 80 Lower Unionville Road, informed the Committee that they have been approached by Tennessee Gas regarding the installation of another pipeline along their property. Mrs. Nuss has requested a representative from Tennessee Gas supply the Township with some definitive information regarding their plans so that it can be made available to Wantage Township residents.

Jerry Magnus 50 Shale Hill Road, thanked the Committee for their support regarding the PSE&G high tension line proposal as his home would have been condemned had the line run through Wantage Township.

Mr. Garofalo informed Joy Steinbacher, Lake Neepaulin, that Wantage Township has all their paperwork in order and is awaiting the request for loan from Lake Neepaulin. Ms. Steinbacher informed that she has been in touch with Eileen Gorham and the money is not available at this time. Once she is informed, she will let the Township know.

Mr. Bill Gettler asked for the status of his letter regarding criminal action he presented to the Committee in July. Mr. Doherty informed that he did not receive a copy from Mr. Gettler, regardless of previous requests to be copied on all information given to the Committee. Mr. Garofalo advised the Committee to respond only that this matter is still in review.

Christine Feoranzo, informed residents that the Sierra Club is fighting an executive order regarding utilities. Mr. Garofalo stated that he was not familiar with this particular executive order. Ms. Feoranzo gave an update on her progress regarding the fund raiser for the Veteran’s Memorial. A date of October 5, with a rain date of 12, 2008 has been set for the Car & Motorcycle Show. Ms. Feoranzo stated that she has received some wonderful assistance regarding this fund raiser, especially from the Wanderer’s Car Club. Ms. Feoranzo stated that she is having difficulty finding someone to donate a generator for the DJ. Mayor Space will ask the Wantage Fire Department to supply one.

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.

_________________________________
James R. Doherty, Administrator/Clerk