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Minutes of Wantage Township Mayor & Committee

March 20, 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 MARCH 20, 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.

Mayor Space invited the members of Girl Scout Troop 680 to offer the Girl Scout Promise.

Mayor Space then offered the following Proclamation:

HONORING THE 96th ANNIVERSARY OF THE GIRL SCOUTS OF THE USA
WHEREAS, Wednesday, March 12, 2008 marks the 96th anniversary of the Girl Scouts of the USA, founded by Juliette Gordon Low, on March 12, 1912 in Savannah, Georgia; and
WHEREAS, throughout its 96-year history, Girl Scouting has inspired millions of girls and women with the highest ideals of character, conduct, and patriotism; and
WHEREAS, each day through anti-violence projects, Girl Scouting ensures that girls at risk of living lives of crime are instead being given safe and productive paths for growing up; and,
WHEREAS, through the Girl Scout program, girls learn of their importance in the world, and their duty to the world around them; and
WHEREAS, Girl Scouting is playing an active role in increasing the fitness of today’s children across the country through a national sports and fitness initiative; and
WHEREAS, more than three and a half million current Girl Scout members nationwide are this year celebrating 96 years of an American tradition with more than 50 million women who are former Girl Scouts and now commit themselves to help today’s girls;
NOW, THEREFORE, I, parker space, Mayor of the Township of Wantage, hereby joins the entire Wantage community in recognizing and celebrating the 96th Anniversary of the Girl Scouts of the USA.

The members of the Mayor and Committee of the Township of Wantage offered their individual statements of congratulations and expressions of pride to the girl scouts and their leaders.

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 Public Notice of Change of Meeting Date and Time: the meeting of the Mayor and Committee of the Township of Wantage previously scheduled for April 10, 2008 is now scheduled for April 3, 2008 at 7:00 p.m. Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

RESOLUTIONS

Mr. DeBoer moved to approve the 2008 Contract for Field Maintenance at Municipal Parks with Farmside Landscape & Design in the amount of $12,300. Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Mr. DeBoer moved to approve a refund of $4,579.56 to Douglas & Katica Lodema for refund of a tax overpayment associated with Block 21 Lot 34.08. Ms. Nuss seconded the motion.
Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Mr. DeBoer moved to approve a refund of $4,600.00 to Patricia Condell for refund of a premium on Tax Sale Certificate #07-17, associated with Block 165 Lot 5.07.
Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Mr. DeBoer moved to approve the Resolution authorizing the Person to Person Transfer of Liquor License 1924-44-011 (Woody’s) to HPlay Liquors LLC., as follows:

WHEREAS, an application has been filed for a person to person transfer of Plenary Retail Consumption License #1924-44-011-002, heretofore issued to R&S Longcore, LLC, for premises located at 83 Hamburg Avenue, Route 23, in the Township Of Wantage, New Jersey; and

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term; and

WHEREAS, the applicant is qualified to be licensed according to all standards established by Title 33 of the New Jersey Statutes, regulations promulgated thereunder, as well as pertinent ordinances and conditions consistent with Title 33; and

WHEREAS, the applicant has disclosed and the governing body has reviewed the source of all funds used in the purchase of the license and the licensed business and all additional financing obtained in connection with the licensed business;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Committee of the Township Of Wantage in Sussex County, New Jersey, does hereby approve, effective March 21, 2008, the transfer of the aforesaid Plenary Retail Consumption License to HPlay Liquors, LLC, trading as Woody’s Liquor Shop, and does hereby direct the Township Administrator Clerk to endorse the license certificate to the new ownership as follows: “This license, subject to all its terms and conditions, is hereby transferred to HPlay Liquors, LLC, trading as Woody’s Liquor Shop, effective March 21, 2008.”

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 to give the Administrator’s report.

Request for Road Improvements on Alder Terrace:
Mr. Doherty reported that a Resident of Alder Terrace requests consideration of improvements on the end of the street where he lives. Mr. Doherty reported that the Township can accommodate the resident’s desire for pothole repairs as soon as hot asphalt is being made this spring. However, the resident’s request for drainage improvements would cost $6,710, which is not included in this year’s budget, so the Township is not in a position to undertake this project.

Shared Services:
Mr. Doherty reported that, as authorized, he is attempting to coordinate meetings with Sussex and Montague to discuss shared services. Mr. Doherty hopes to have initial meetings on this topic before the end of March, and then follow up with consolidation meetings in April.

Hiring Building Subcode Official:
Mr. Doherty reported that the New Jersey Department of Personnel has concluded its employment search process for the position of Wantage Township Building Subcode official, and has submitted three names for consideration of hiring. The top candidate is Patrick Stefanelli of Newton, NJ. Upon completion of an interview, Mr. Stefanelli impresses both Mr. Doherty and Mr. Vander berg as being a highly qualified candidate. Mr. Doherty recommended hiring Mr. Stefanelli to the position of Building Subcode Official with a starting salary of $50,000 per year, pro-rated for the remainder of this calendar year.

The members of the governing body each reported they reviewed the need for a full time employee, and were satisfied that this need existed, even in the current economic situation.

Mayor Space invited Mr. Ed Vander berg to speak on behalf of Mr. Doherty’s recommendation. Mr. Vander berg indicated his endorsement of the position needing full time coverage. Mr. Vander berg explained that the governing body has already reduced his department staffing by two part time employees, and has reduced the salary level of the new incoming employee compared to Mr. Frasche’s previous salary. Mr. Vander berg expressed the opinion that his department would not be able to meet the expectations and requirements of the State of New Jersey, nor of the interlocal services agreement with Sussex Borough, should any further staffing reduction take place.

Mr. DeBoer moved to hire Patrick Stefanelli to the position of Building Subcode Official with a starting salary of $50,000 per year, pro-rated for the remainder of this calendar year. Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

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

Ms. Nuss expressed a desire for the Recreation Commission to consider utilizing Woodbourne Park as the site of a Veterans Memorial, rather than the Lott Road site.

After discussion, the members of the governing body agreed by consensus to forward Ms. Nuss’s suggestion to the attention of the Recreation Commission for their consideration, and to permit the Recreation Commission members to make the final determination on the site of the Veterans Memorial.

With the permission of Mayor Space, Recreation Commission member Ms. Christine Feoranzo offered her views on why the Recreation Commission had chosen the Lott Road fields over the Woodbourne Park site.

OLD BUSINESS

Consolidation

Mr. Doherty stated that he and Mr. Garofalo have developed two resolutions for consideration of adoption this evening. One resolution would formally propose the creation of a consolidation study commission for Wantage Township and Sussex Borough. The second resolution would formally propose the creation of a consolidation study commission for Wantage Township, Sussex Borough and Montague Township. Mr. Doherty explained that, by adopting both resolutions, Wantage Township would be securing its options for proceeding with either a two town study or a three town study, depending on Montague’s official decision in this matter.

The members of the governing body entered into informal discussion at this time, regarding the merits of including Montague Township in the study process.

Ms. Nuss expressed the opinion that it appeared to make more sense to her for Montague and Sandyston to conduct a consolidation study, expressing reservations about being able to address issues such as school costs and school busing.

Mr. DeBoer and Mayor Space suggested that the questions being raised by Ms. Nuss would be included within the scope of the study, thereby providing answers to the questions being raised.

Mr. DeBoer moved to adopt the following resolution:

TOWNSHIP OF WANTAGE 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 investigation of mutual benefits to be worth pursuing;

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 if within one year of receiving this resolution from Wantage Township, the Sussex County Clerk receives either an ordinance or resolution or certified petition from Sussex Borough requesting that there be formed a Joint Municipal Consolidation Study Commission with Wantage Township, pursuant to the Municipal Consolidation Act, N.J.S.A. 40:43-66.35 et seq., then the Mayor and Committee of the Township of Wantage does hereby request the Sussex County Clerk, in accordance with the provisions of N.J.S.A. 40:43-66.41, to include the question of forming a consolidation commission on the ballot of the next appropriate General Election in compliance with the requirements of state statute, stated as follows:
“Shall a joint municipal consolidation study commission be formed to study the feasibility of consolidating the Township of Wantage and the Borough of Sussex into a single new municipality, to study the question of the form of government under which such new municipality should be governed, to study the feasibility of consolidating the local school districts of the aforesaid municipalities, and to make recommendations thereon; or, in the alternative, to make recommendations on the consolidation of certain municipal services?”

BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the Municipal Clerk of Sussex Borough and the Sussex County Clerk.

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

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

WHEREAS, the Borough of Sussex and the Township of Montague are contiguous municipalities with Wantage Township, which have historically shared many municipal services and functions; and

WHEREAS, the Township of Wantage, the Borough of Sussex and The Township of Montague have expressed an interest in studying the feasibility and benefits of consolidating the three municipalities and consider the investigation of mutual benefits to be worth pursuing;

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 the Township of Montague; and

BE IT FURTHER RESOLVED that if within one year of receiving this resolution from Wantage Township, the Sussex County Clerk receives either an ordinance or resolution or certified petition from both Sussex Borough and Montague Township, requesting that there be formed a Joint Municipal Consolidation Study Commission with Wantage Township, pursuant to the Municipal Consolidation Act, N.J.S.A. 40:43-66.35 et seq., then the Mayor and Committee of the Township of Wantage does hereby request the Sussex County Clerk, in accordance with the provisions of N.J.S.A. 40:43-66.41, to include the question of forming a consolidation commission on the ballot of the next appropriate General Election in compliance with the requirements of state statute, stated as follows:

“Shall a joint municipal consolidation study commission be formed to study the feasibility of consolidating the Township of Wantage, the Borough of Sussex and the Township of Montague into a single new municipality, to study the question of the form of government under which such new municipality should be governed, to study the feasibility of consolidating the local school districts of the aforesaid municipalities, and to make recommendations thereon; or, in the alternative, to make recommendations on the consolidation of certain municipal services?”

BE IT FURTHER RESOLVED that copies of this Resolution shall be forwarded to the Municipal Clerk of Sussex Borough, the Municipal Clerk of Montague Township, and the Sussex County Clerk.

Mayor Space Seconded the Motion.
Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

NEW BUSINESS

Introduction of Ordinance 2008-04: Bond Ordinance for Open Space

Mr. Doherty stated that the governing body would be giving consideration to the introduction of a Bond Ordinance this evening, which would be for the purpose of pursuing the preservation of 88 acres of land identified as Block 113 Lot 11.01, and Block 114 Lot 3, through the use of local open space tax funds. Mr. Doherty offered an explanation sheet to explain the reasons why this particular tract of land was being pursued for open space preservation, as follows:

  • There is immediate development pressure on this site. It has already received preliminary approval for the development of 26 single family homes, and the developer is in the process of making application for final approval.
  • Even if there is no immediate likelihood of development because of the economic conditions and down-turned home construction market, eventually the business cycle will rebound, and the homes will get built.
  • Taking the position that there is “no hurry” to preserve the land until the market improves is not going to work, because the developer will not be interested in considering open space preservation in the future if he is able to get a better return on his investment at that time by proceeding with development.
  • It is identified as a priority site for preservation by the Wantage Township Open Space Advisory Committee. Wantage OSAC has identified this site as one of the highest priorities in the community for preservation.
  • The site is adjacent to Existing publicly owned park land. All preservation agencies and plans seek to preserve land that is next to other land already preserved, because that maximizes the positive impacts and opportunities for active or passive recreation in town. This site is adjacent to Woodbourne Park.
  • The site provides opportunities for Greenway Belts. Geographically located in the center of Wantage Township, this site will provide a focus for future efforts at preservation in the Lake Neepaulin Recreational Greenway. If future preservation efforts come to fruition, it would be possible to see a preserved Greenway belt stretching from County Route 628 to County Route 650.
  • The site provides critical groundwater recharge for an aquifer. This site is identified as a level 1 Stratified Drift formation, representing the highest stringency in a critical recharge area for a confined aquifer of high yield.
  • The site includes headwaters for the Wallkill River. The Papakating Creek, a tributary of the Wallkill River, runs through this site. The creek is identified by the New Jersey Department of Environmental Protection Division of Watershed Management as one of the major subwatersheds within the Wallkill watershed.
  • Preservation will permit continued use of the site for existing recreational activities. Currently, this site is used by hunters and wildlife enthusiasts. Preserving the site against single family home development would keep those activities viable.
  • Economics. There is a significant taxpayer burden which can be removed by the preservation of this property. If development of this site moves forward, when all 26 homes are built, and 26 families come to town, the taxpayers will need to pay for the education costs of the children in those 26 homes. Figuring, conservatively, that the taxpayer cost for education of a child is $10,000 a year Kindergarten-through-high school, this calculates to a tax burden of over $3.3 million over a 13 year cycle – and that is assuming that each family only has one child, and that no more children ever come to live in the homes. If we look at the likelihood of additional children involved, the cost factor rises even more. Add to that the cost of maintaining and repaving a new road for this subdivision every 13 years, and the over all cost burden is easily in excess of $3.5 million. Compare the taxpayer burden of $3.5 million over 13 years with a ten year bond asking for $800,000 over ten years. This preservation effort represents an opportunity to eliminate 77% of the future taxpayer burden on this property.

Mr. Doherty disclosed that his residential property in Wantage Township is located on Old Clove Road, directly across the street from this site. Mr. Doherty stated that he was disclosing this because he anticipated there would be some people who might claim that the site was being chosen for preservation for that reason. Mr. Doherty stated that nothing could be further from the truth, that he has made it clear to both the Open Space Committee and to the governing body that on a personal level, he is totally prepared to shake hands with his 26 new neighbors, if the subdivision moves forward. Mr. Doherty stated that he takes no personal position at all on the preservation of this site. Mr. Doherty stated, however, that in view of the eight points listed above, he has a professional obligation to present this project for the consideration of the governing body.

Mr. DeBoer stated that this site has been under consideration for over a year now, and expressed the belief that the Wantage Township public has spoken when they voted in favor of a local open space tax. Mr. DeBoer stated that the governing body has appointed an Open Space Advisory Committee, who has identified this site as their number one site for preservation. Mr. DeBoer expressed agreement with this determination, given its location right next to Woodbourne Park, and the considerable tax benefit of avoiding 26 new residential homes in the Township. For these reasons, Mr. DeBoer considered it appropriate to move ahead with the negotiations.

Ms. Nuss stated she had a problem with the pricing, and suggested negotiating for a lesser sum of money.

Mr. Doherty stated that it would not be possible for him to enter into a separate negotiation at this point with the property owner for a sum different than the amount already agreed upon by the majority of the governing body.

Mayor Space stated that he and his wife walk at Woodbourne Park for exercise at least 2 to 3 times a week, and that the back portion of the park is a beautiful piece of property which should not be ruined by 26 new homes being built. Mayor Space stated that because of the existing approval, there is obvious development pressure on this site and he was therefore in favor of proceeding with negotiations for the preservation of the site.

Mr. DeBoer moved to introduce on first 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”, with a Final Hearing date set for April 24, 2008. The Supplemental Debt Statement is on file in the office of the Municipal Clerk.
The motion was seconded by Mayor Space. Upon roll call,
Ayes: DeBoer, Space Nays: Nuss Absent: None. Abstain: None.

Mr. DeBoer moved to adopt the following resolution:

WHEREAS, the Township of Wantage desires to constitute the 2008 Temporary Capital Budget of said municipality by inserting therein the following project,

NOW, THEREFORE BE IT RESOLVED by the Committee of the Township of Wantage as follows:

Section 1. The 2008 Temporary Capital Budget of the Township of Wantage is hereby constituted by the adoption of the schedule to read as follows:

Temporary Capital Budget of the Township of Wantage, County of Sussex, New Jersey
Projects Scheduled for 2008
Method of Financing

Budget Capital
Other Appr Imp. Capital Debt
Project Est. Costs Funds Funds Fund Surplus Authorized

Acquisition
of Land for
Open Space 800,000 40,000 760,000

Section 2. The Clerk be and is authorized and directed to file a certified copy of this resolution with the Division of Local Government Services Department of Community Affairs, State of New Jersey, within three days after the adoption of these projects for 2008 Temporary Capital Budget, to be included in the 2008 Permanent Capital Budget as adopted.

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

Approval of Minutes

Mr. DeBoer moved to approve the Work Session, Regular and Executive session meeting minutes of the Wantage governing body held on March 13, 2008.
Ms. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None. Absent: None. Abstain: None.

Mr. DeBoer moved to amend the approved minutes of the Regular Session meeting of February 28, 2008 to include a presentation by the Boy Scouts and a Proclamation by Mayor Space. 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.

Mr. Bob Heiden expressed concerns regarding a drainage problem on Route 23 in the area of the proposed Town Center development.

Mayor Space invited Mr. Vander berg to speak on this matter.

Mr. Vander berg reported that the problem is in the area of the Maione development, as well as the Havens site and the Kattermann site. Mr. Vander berg stated the problem is under investigation by the Township and the County.

Mr. Doherty supplemented Mr. Vander berg’s input, reporting that the Township Engineer Harold Pellow has met on site with an engineer from the New Jersey Department of Transportation to review options for addressing the issue. Mr. Doherty reported that a plan of action has been identified, but will require coordination through the New Jersey Department of Transportation since the issue involves a State Highway.

Mr. Heiden expressed the belief that the minutes of February 28, 2008 should be amended to reflect a discussion which took place regarding paid medical benefits for the members of the governing body. Mr. Heiden stated that these benefits are costing Township taxpayers $69,000 a year, with future increases to come. Mr. Heiden expressed his opposition to this situation.

Mr. Bill Gettler expressed disappointment that a number of his observations and suggestions for changes to the minutes have not been acted upon. Mr. Gettler suggested that a conflict of interest exists because Mr. Doherty has participated in negotiations for preservation of the Forum Homes site. Mr. Gettler expressed concerns regarding the bond ordinance introduced this evening, and asked if he could obtain a copy of the Supplemental Debt Statement.

Mr. Doherty confirmed the availability of the supplemental debt statement.

Mr. Gettler asked when the 2008 budget would be available.

Mr. Doherty responded that the proposed introduction date was April 3, 2008.

Mr. Gettler expressed concern that fees collected for the property maintenance code are not reflected in the Township’s revenues. Mr. Gettler also stated concern that revenues from the Sussex Water system are not reflected in the Township budget.

Mr. Gettler presented the governing body with five letters that he has written, dealing with Mr. Gettler’s views and opinions regarding the Tax Assessor Salary, employee benefits, bond ordinances, LOSAP and Deferred Charges.

Mr. Frank Galligan suggested the Township expand its policy by encouraging people to submit names of Veterans of the Armed Forces in general as possible names for new streets, rather than limiting the search for WWII and Korean War veterans.

The members of the governing body expressed agreement with this suggestion.

Ms. Joy Steinbacher asked for details regarding how a consent agenda was produced.

Mr. Doherty responded to her inquiry.

Mr. Heiden expressed the belief that the discussions in the minutes regarding possible consolidation of Wantage, Sussex and Montague do not make it clear whether the consolidation of school systems was going to be a part of the discussions.

A member of the public asked Ms. Nuss why she did not support the proposed purchase of land through open space.

Ms. Nuss stated she favors open space preservation as a concept, but disagrees with this particular negotiation based on price.

Ms. Maggie Kolicko expressed frustration in her attempts to obtain information about the status of lawsuits involving CJS over the past two years. Ms. Kolicko suggested that the CJS site would be a desirable site for preservation efforts based on the possibility of avoiding 188 housing units. Ms. Kolicko referred to public records that documented the Township’s efforts at opposing the proposed development on Lower Unionville Road, and requested that the governing body continue their efforts in this regard.

Mr. Garofalo encouraged Ms. Kolicko to feel free to call him in the future if she has any questions about the status of CJS lawsuits. Mr. Garofalo offered to summarize the status of all lawsuits involved to the extent that public record allowed, and invited Ms. Kolicko to address any specific questions she may have.

Ms. Kolicko asked what the current status was for the various lawsuits of CJS.

Mr. Garofalo confirmed that CJS has engaged in multiple lawsuits, with multiple causes of action. One lawsuit challenged the Land Use Board’s decision to deny their development application. The Land Use Board’s denial was reversed by the court, and their development application is now approved. CJS has a second lawsuit in which they are challenging the conditions of approval which have been written in the Land Use Board’s resolution of approval. That lawsuit is being defended vigorously by the Land Use Board and their attorney, and Mr. Garofalo offered the opinion that he believes the Land Use Board has an excellent chance of prevailing in that lawsuit. Mr. Garofalo stated that a third lawsuit involved the Wastewater Management Plan. This matter did go to court, and the Judge ruled that the Township must cooperate with CJS’s application for inclusion of their site in the County Wastewater management plan. Mr. Garofalo pointed out that the judge’s order compelling the Township to cooperate with the wastewater management plan efforts by CJS is binding upon the local government and on him, but the residents of Wantage Township retained all of their rights as citizens to participate in this process at the county level of government and to express their views and input as their consciences may dictate. Mr. Garofalo stated that a fourth lawsuit involved a Builder’s Remedy lawsuit.

Ms. Kolicko inquired if there was a fifth lawsuit, filed against another developer in the area of the Sussex Wantage Library. Mr. Garofalo confirmed that this was indeed so, although that lawsuit does not currently directly involve the Township to the point of requiring his office’s participation.

General discussion continued among the members of the governing body, Mr. Garofalo, and Ms. Kolicko.

Mr. Gettler stated that the minutes of February 28 included a motion that involved terms of settlement on the CJS lawsuit. Mr. Gettler initiated a discussion regarding the need for a water supply on the CJS site, and stated that Sussex Borough and CJS were engaged in discussions for water supply.

Mr. Garofalo instructed the governing body not to address Mr. Gettler’s reference to any possible negotiations between CJS and Sussex Borough.

Ms. Steinbacher asked how she could obtain a copy of a letter that was included on a consent agenda.

Mr. Doherty responded.

Mr. Galligan stated that the time of this evening’s meeting had been listed incorrectly on the Township website.

Mr. Doherty agreed, and stated that he had the Website administrator correct that as soon as it was brought to his attention earlier in the day.

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.

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: “Pending Litigation – CJS Lawsuit”. 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.

Mrs. Nuss seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, 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.

_________________________________
James R. Doherty, Administrator/Clerk



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