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.

CORRESPONDENCE
Ms. Nuss made a motion to approve for filing a letter dated May 20, 2008 from Carolyn Wagner, expressing support for Township’s efforts to work with FOLN to rehabilitate the Lake Neepaulin Dam. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

REPORTS
Ms. Nuss made a motion to approve for filing Board of Health Report for April 2008 (clarifying that one Septic Renewal Permit was for a one year period at $150, while a second Septic Renewal Permit was for a four year period at $150 per year for a total of $600).
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 re-appoint Michelle LaStarza to the position of Recording Secretary for the year 2008. 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 refund of tax overpayment in the amount of $1,913.47 to Joseph & Marisela Patti on Block 133 Lot 4. 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 refund of a tax sale premium, in the amount of $17,800 to Lien Times, LLC on Block 14 Lot 30.13. 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 refund of driveway bond 2008-DW-02 to George Sisco, in the amount of $3,500 on Block 45 Lot 17.09. Mr. DeBoer seconded the motion. Upon roll call,
Ayes: DeBoer, Nuss, Space Nays: None Absent: None Abstain: None

MAYOR’S PROCLAMATIONS:
Mayor Space proclaimed June as Myasenthia Gravis Awareness Month in Wantage Township.
Mayor Space offered proclamations of congratulations on behalf of Jonathan Weiss, Robert Weiss and Brandon Mason for achieving the rank of Eagle Scout.

ADMINISTRATOR’S REPORT

Mayor Space requested Mr. Doherty present the Administrator’s report.

Mr. Doherty presented a letter from Township Assessor Melissa Rockwell requesting that fees be charged to update tax maps. Mr. Doherty asked Mr. Garofalo to review before he forwards the proposed fee schedule amendment to the Land Use Board for their recommendation.

Mr. Doherty requested an executive session regarding negotiations for open space properties, Forum Homes site, and negotiations with Sussex Borough Court and Assessor’s contract price under attorney client privilege and negotiations.

Mr. Doherty asked Mr. Garofalo to give an update regarding the Blair Road project right-of-way. Mr. Garofalo informed the committee that one property has requested $1,000 for their right of way and anticipates the other property will be deeded to the Township at no cost.

Mr. Doherty informed the Committee that the Wantage Fire Departments have been bequeathed a donation from Norma P. Ezzi in the amount of $5,000 each. Mr. Doherty asked Mr. Garofalo to review.

Mr. DeBoer made a motion to authorize the receipt and disbursement of $10,000 from the estate of Norma Ezzi pending attorney review. 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 present the Attorney’s report.

Mr. Garofalo informed the Committee that third round COAH regulations will go into effect June 2, 2008 and growth share requirements are now one affordable housing unit for each five units of new construction. The developer’s fee has been established at 1% of equalized assessed value. The New Jersey State Department of Community Affairs has issued rules regarding this new legislation. The Township will be required to collect any fees received after June 2, 2008 in accordance with the amounts specified by the new law, but since these rules are most likely to be challenged, any prior amounts will not be refunded, remaining in the trust fund dedicated for COAH fees.

Mr. Garofalo presented a letter received from Steven McGee, Attorney. Mr. McGee is requesting that Wantage Township pay his legal fees involving a Wantage citizen who was successful in overturning a Municipal Court summons issued by the Wantage Township Zoning officer approximately two years ago. Mr. McGee’s contention is that because the convictions were overturned Wantage Township should pay his attorney fees. Mr. Garofalo informed the Committee that although they may proceed as they wish, this would set a undesirable precedent in Wantage Township. Ms. Nuss asked if Mr. McGee could sue Wantage Township for payment of his attorney’s fees. Mr. Garofalo explained that this was a criminal matter addressed in Municipal Court under the jurisdiction of State law. The Township is immune from liability for a Municipal Court decision.

Mr. Garofalo presented a resolution for accepting permits and enforcing the provision of law relating to the use and placement of donation clothing bins.

COMMITTEE REPORTS

Ms. Nuss publicly thanked Christine Feoranzo and the Sierra Club for their efforts to keep the National Parks open. Ms. Nuss also wished to commend the Girl Scouts for the years of service they provide to our Community.

Consolidation Study
The governing body reviewed a suggestion from the NJDCA Representative that Wantage Township and Sussex Borough consider utilizing a “Blended” Approach to Consolidation Commission authorization, utilizing best elements of both Municipal Consolidation Act and the Local Option Municipal Consolidation Act.

Mr. Doherty explained that Sussex Borough deemed the resolution appropriate and authorized this resolution at the May 20, 2008 meeting.

Mr. Doherty reviewed the entire resolution for the Governing Body and the public. Mr. DeBoer and Ms. Nuss expressed their approval with paragraph 7) that final consolidation be presented to the voters of Wantage Township and Sussex in the form of a referendum question for inclusion of the Ballot of the general Election to be held on November 3, 2009.

Mr. DeBoer made a motion to approve the following resolution:
AMENDING RESOLUTION AUTHORIZING SUBMISSION OF AN APPLICATION TO THE LOCAL FINANCE BOARD OF THE STATE OF NEW JERSEY FOR THE CREATION OF A JOINT CONSOLIDATION STUDY COMMISSION FOR THE TOWNSHIP OF WANTAGE AND THE BOROUGH OF SUSSEX, AND ESTABLISHING A PROCESS FOR A CONSOLIDATION STUDY IN ACCORDANCE WITH N.J.S.A. 40A:65-25 ET SEQ.

WHEREAS, on the date of April 15, 2008, Sussex Borough adopted a Resolution authorizing the establishment of a Joint Consolidation Study Commission to prepare a report concerning the feasibility and benefits of consolidating the two municipalities of Wantage Township and Sussex Borough, under the statutory authorization cited in N.J.S.A. 40:43-66.35 et seq., and
WHEREAS, on the date of April 24, 2008, Wantage Township adopted a Resolution authorizing the establishment of a Joint Consolidation Study Commission to prepare a report concerning the feasibility and benefits of consolidating the two municipalities of Wantage Township and Sussex Borough, under the statutory authorization cited in N.J.S.A. 40:43-66.35 et seq., and
WHEREAS, In accordance with the provisions of N.J.S.A. 40:43-66.41a(2), the said resolutions state that the governing bodies will not be submitting the question of forming a Joint Consolidation Study Commission to the voters by referendum, and
WHEREAS, with the resolution having been adopted by both municipalities, as per N.J.S.A. 40:43-66.41a(2), the Joint Consolidation Study Commission is now statutorily deemed to have been formed, and
WHEREAS, Wantage Township and Sussex Borough have both established a deadline of May 31, 2008 for submittal of resumes from interested citizens who wish to sit on the Joint Consolidation Study Commission, and
WHEREAS, in the interests of creating the greatest opportunity available for conducting a comprehensive study, and to maximize the potential for benefits to be realized in the pursuit of this study, it is the desire of the Mayor and Committee of the Township of Wantage and the Mayor and Council of the Borough of Sussex to take advantage of the provisions of N.J.S.A. 40A: 65-25 et seq. as well as the provisions of N.J.S.A. 40:43-66.35 et seq.,
NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Committee of the Township of Wantage does hereby amend the Resolution adopted on April 24, 2008 such that the establishment of a Joint Consolidation Study Commission to prepare a report concerning the feasibility and benefits of consolidating the two municipalities of Wantage Township and Sussex Borough, is made under the statutory authorization cited in N.J.S.A. 40:43-66.35 et seq. as well as N.J.S.A. 40A:65-25 et seq., and
BE IT FURTHER RESOLVED, in accordance with the provisions of N.J.S.A. 40A:65-25.b(1)(b), this Resolution shall hereby serve as an application by the governing body of Wantage Township to the Local Finance Board for the creation of a Joint Municipal Consolidation Study Commission, and
BE IT FURTHER RESOLVED, in accordance with the provisions of 40A:65-25.b(1)(c), this application does hereby:

• Petition the Local Finance Board to accept the actions already taken by the governing bodies to create membership on the Consolidation Study Commission through the resolutions previously adopted on April 15, 2008 and April 24, 2008.
• Request a time frame for completion of the Study to be a date no later than May 1, 2009, with a 2-month time for review by State agencies to be completed no later than July 1, 2009.
• Waiving the creation of a preliminary report, in favor of concentrating on a comprehensive report to be concluded within the time frame established.
• Declining the development of a consolidation implementation plan as a part of the study, embracing the provisions of 40A:65-27 for the creation of a Task Force by the Division of Local Government Services to facilitate consolidation once a consolidation has been approved by the voters
• Establishing the means for approval of the consolidation plan to be by voter referendum

BE IT FURTHER RESOLVED, the process to study the feasibility of consolidating the participating municipalities into a single new municipality shall also encompass the following course of action:

• Wantage Township and Sussex Borough shall hold a joint special meeting on Tuesday, June 17, 2008, at which time the members of the Wantage governing body and Sussex governing body shall name their respective members to the Joint Consolidation Study Commission.
• At the June 17 meeting, the Wantage Administrator shall poll the members of the Consolidation Study Commission to ascertain a consensus regarding when they wish to hold their Organization Meeting, said date to be no later than Wednesday, July 2, 2008.
• The Wantage Administrator, in cooperation with the Sussex Borough Clerk, shall submit the necessary public notice of the Organization meeting of the Consolidation Study Commission for publication in the official newspapers of Wantage Township and Sussex Borough in compliance with the requirements of the Open Public Meetings Act.
• The Wantage Township Administrator and Sussex Borough Clerk shall prepare an agenda for the Consolidation Study Commission to follow at their Organization Meeting, in compliance with the provisions of N.J.S.A. 40:43-66.48.
• In accordance with N.J.S.A. 40:43-66.54, the New Jersey Department of Community Affairs shall submit the required 5-month report of fiscal findings to the Consolidation Study Commission by a date no later than November 17, 2008.
• Wantage Township requests a waiver of the requirement stated in N.J.S.A. 40A:65-25.d for public hearings within each municipality, since both municipalities have already proceeded with this aspect of the process under the provisions of N.J.S.A. 40:43-66.35.
• If the Consolidation Feasibility Study concludes that the question of consolidation should be presented to the voters of Wantage Township and Sussex Borough in the form of a Referendum question, then the Consolidation Study Commission Secretary shall, no later than August 21, 2009, submit such a question to the Sussex County Clerk for inclusion on the ballot of the General Election to be held on November 3, 2009.
• If the Consolidation Feasibility Study concludes that the question of consolidation should be presented to the voters of Sussex Borough and Wantage Township in the form of a Referendum question, then the Consolidation Study Commission shall also include a second question asking if the voters of the new, consolidated municipality choose to be governed by the provisions of N.J.S.A. Title 11A, Civil Service, in accordance with the provisions of N.J.S.A. 40A:65-26.a(3) and 40A:65-26.c.

BE IT FURTHER RESOLVED, that a certified copy of this resolution shall be sent to the Mayor and Council of the Borough of Sussex, the New Jersey Department of Community Affairs, and the Local Finance Board of the State of New Jersey.

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

NEW BUSINESS

Adoption on Ordinance 2008-06: Bond Ordinance (Road Improvements)

Mr. DeBoer made a motion to adopt on final reading, Ordinance 2008-06, entitled “BOND ORDINANCE PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS OF THE TOWNSHIP OF WANTAGE, IN THE COUNTY OF SUSSEX, NEW JERSEY, APPROPRIATING THE AGGREGATE AMOUNT OF $650,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $617,500 BONDS OR NOTES OF THE TOWNSHIP TO FINANCE PART OF THE COST THEREOF.” Ms. Nuss seconded the motion.
Prior to final roll call, Mayor Space opened the meeting to the public. Mr. Gettler, Gemmer Road, voiced his concern that the Township should not be spending money in the current economy. The Committee thanked Mr. Gettler for his concerns, but stated that road repairs are a necessary expenditure which would cost the taxpayers more in the future if left unimproved. As there was no one else from the public who wished to speak regarding this 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
Ms. Nuss made a motion to approve the regular and Executive session meeting minutes of the Wantage governing body held on April 24, 2008, and the Regular meeting minutes of May 8, 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 there would be sufficient space in Sussex Borough for the June 17, 2008 special meeting. Mr. Gettler was informed that meetings are only moved if turnout exceeds the legal capacity of a meeting hall, which is not determinable until the meeting takes place. Mr. Gettler also expressed his confusion regarding why a joint meeting was necessary. Mr. Doherty stated that a joint meeting will provide a clear starting point for the Commission’s efforts, for the record. Mr. Gettler voiced other concerns regarding the process of consolidation. Mr. Doherty suggested that it is not appropriate to presuppose anything about what the consolidation study commission may or may not conclude. The Committee thanked Mr. Gettler for his comments.

Leslie Coolong, 6 Wantage School Road, asked the Committee if the Township would be spraying for Gypsy Moths. The Committee explained the reasons for their decision not to spray this year.

Margaret Holczer, 75 Mudtown Road, expressed concerns with the COAH fee for an individual who wishes to build a retirement home in Wantage Township. Mrs. Holczer was informed that if the new laws go into affect on June 2, 2008, she will have to provide a $500 dollar deposit upon issuance of a building permit, and pay the remaining 1% of equalized assessed value prior to the issuance of a certificate of occupancy. The Committee explained that this is a state mandated fee the Township is required to collect and the amounts were derived at to insure that those responsible for the creation of an affordable housing obligation are the ones to pay for that obligation rather than all Wantage Taxpayers as a group.

Douglas Ricker, 91 Beemer Church Road, asked for clarification regarding the required COAH fees. Mr. Garofalo explained that there will most likely be lawsuits regarding the new laws scheduled to become effective June 2, 2008. If the courts decide to stay (postpone) those rules until any new lawsuits have been heard, Wantage Township’s current ordinance for growth share of $10,000 and $17,750 is still in effect, statutorily.

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

Ms. Nuss made a motion to approve the payment of $5,000 to Swift Real Estate Solutions to perform an updated appraisal for Block 113 Lot 11.01 and Block 114 Lot 3.
Mr. DeBoer seconded the motion. Upon Roll call:
Ayes: DeBoer, Nuss, Space Nays: None 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.

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James R. Doherty, Administrator/Clerk