MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON APRIL 18, 2000.

The meeting was called to order by Mayor Ross at 7:00 P.M. with the opening statement that the meeting had been duly advertised and met all the requirements of the Sunshine Law. Also present were: Councilman Kievit, Councilman Lasinski, Councilman Worflar, Councilwoman Hamilton, Manager John Eskilson and Clerk Louanne Cular.

SALUTE THE FLAG:

GUESTS - ODYSSEY OF THE MIND TEAM - Mayor Ross and the Council presented awards to the team and their coaches. A motion was made by Lasinski to donate $100 to the team, seconded by Kievit. All in favor. Motion carried.

CONSENT AGENDA: ALL MATTERS LISTED BELOW ARE CONSIDERED TO BE ROUTINE IN NATURE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THE ITEMS. IF ANY DISCUSSION IS DESIRED, THAT PARTICULAR ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

Monthly Reports:

1. Treasurer's report - February 2000
2. Tax Collector's report - March 2000
3. Board of Health Minutes - 2/10/00
4. HTMUA Minutes - 3/9/00
5. Municipal Clerks Report - March 2000
6. Animal Control Quarterly Report

Minutes: None

Licenses:
1. St. Jude the Apostle Church - Tricky Tray and 50/50
2. Wallkill Valley Booster Club - Penny Auction and 50/50

A motion was made by Kievit to approve the consent agenda, seconded by Hamilton. All in favor with Lasinski abstaining. Motion carried.

ORDINANCES
1st READING: ORDINANCE NO. 2000-08

ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
HARDYSTON AMENDING SECTION 13?5.5i ENTITLED "COMMERICAL
RECREATION" OF CHAPTER XIII ENTITLED "ZONING" TO ADD A NEW PARAGRAPH REGARDING PRE?EXISTING USES.

A motion was made by Kievit to approve Ordinance 2000-08 on first reading, seconded by Lasinski. All in favor. Motion carried.

ORDINANCE NO. - 2000-09

ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF
HARDYSTON AMENDING SECTION 1305.8h27 ENTITLED "CONFERENCE CENTERS" AND SECTION 13?5.8b2O ENTITLED "RESORT ORIENTED HOUSING IN CONNECTION WITH GOLF COURSES' OF CHAPTER XIII ENTITLED ZONING" OF THE LAND USE ORDINANCE OF THE TOWNSHIP OF HARDYSTON.

A motion was made by Kievit to approve Ordinance 2000-09 on first reading, seconded by Worflar. All in favor with Lasinski abstaining. Motion carried.

ORDINANCES: ORDINANCE 2000-7
2ND READING:

AN ORDINANCE TO AMEND CHAPTER 4, POLICE REGULATIONS,
SECTION 4-3.5, FALSE ALARMS, AND SECTION 4-3.6, VIOLATIONS
AND PENALTIES, OF THE REVISED GENERAL ORDINANCES OF
THE TOWNHIP OF HARDYSTON

A motion was made by Hamilton to open the meeting to the public, seconded by Worflar. All in favor. Motion carried. The public commented on fire vs police alarms and the fire department commented that they would like to see the ordinance remain the same. A motion was made by Kievit to adopt Ordinance 2000-07 on second reading, seconded by Lasinski. Roll Call: Ross-no, Kievit-yes, Lasinski-yes, Hamilton-yes, Worflar-no. Motion carried.

NEW BUSINESS:

A. Tax Collectors Resolutions: WHEREAS, on September 30, 1997 and June 9, 1998 Gisela Boltzer, Collector of Taxes, sold at public sale Tax Lien for delinquent municipal liens on premises known as Block 19 Lot 7.02 to First Union Tax Lien Operations 123 South Broad St. PA 1328 Philadelphia, PA 19109

WHEREAS; the Collector has received redemption of said lien on March 12, 2000 and has deposited said sums in the current account of the Township of Hardyston, and

NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council of the Township of Hardyston:

1. as soon thereafter as the redemption funds have cleared the current account, payment shall be made out of the account to the holder of the Certificate of Sale in the sum of _$_ 6171.05_____________ provided the holder of shall surrender the Certificate of Sale and comply with all laws relating thereto.

WHEREAS, on June 25,1996 Gisela Boltzer, Collector of Taxes, sold at public sale Tax Lien for delinquent municipal liens on premises known as
Block 19 Lot 7.02 to Arden Svedman 4550 Rudetown Road Hamburg, New Jersey

WHEREAS; the Collector has received redemption of said lien on March 12, 2000 and has deposited said sums in the current account of the Township of Hardyston, and

NOW, THEREFORE, BE IT RESOLVED By the Mayor and Council of the Township of Hardyston:

1. as soon thereafter as the redemption funds have cleared the current account, payment shall be made out of the account to the holder of the Certificate of Sale in the sum of _$_ 739.69 _____________ provided the holder of shall surrender the Certificate of Sale and comply with all laws relating thereto.

A motion was made by Kievit to approve the resolutions as presented, seconded by Lasinski. All in favor. Motion carried.

B. Resolution authorizing the Township Manager to execute the following contracts/ leases/ agreements:

BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to execute the following contracts/leases/agreements:

1. Interlocal Service Agreement with the Borough of Hamburg - Street Sweeping
2. Professional Service Agreement with Anthony Den Uyl - Municipal Prosecutor
3. Agreement - Hardyston/Franklin Municipal Drug Alliance.

A motion was made by Lasinski to approve the resolution as presented, seconded by Hamilton. All in favor. Motion carried.

C. Proclamation - National Day of Prayer - Mayor Ross issued the Proclamation.

D. RESOLUTION ENFORCING THE REGULATION OF TRAFFIC IN THE TOWNSHIP OF HARDYSTON COUNTY OF SUSSEX.

WHEREAS, April 26, 1996 representatives of the Indian Fields at Hardyston development, requested the Township assume Title 39 enforcement authority on existing private development roads in accordance with NJSA 39:5-A-1; and

WHEREAS, on October 15, 1996, the Hardyston Township Council adopted Ordinance 96-11 establishing Title 39 enforcement authorization on existing private roads within the Indian Fields development; and

WHEREAS, since adoption of Ordinance 96-11, additional private roadways have been constructed in the Indian Fields development in accordance with Hardyston Township Planning Board approvals; and

WHEREAS, Indian Fields at Hardyston has filed a written request with the Township that Subtitle 1 of Title 39 of the Revised Statutes of New Jersey be applicable to the following internal streets which were constructed subsequent to the adoption of Ordinance 96-11:

Sundance Terrace
Pale Star Court
Sweetwater Lane
Wind Meadow Trail
Forest Hill Way extension to Station 28 & 25

WHEREAS, the Council of the Township of Hardyston deems that enforcement of traffic regulations on the aforesaid streets will benefit the citizens of Indian Fields and the citizens of Hardyston Township.

NOW, THEREFORE BE IT RESOLVED, by the Council of the Township of Hardyston, County of Sussex, State of New Jersey, that the Township Manager is hereby authorized to forward said request for Title 39 enforcement authority to the New Jersey Department of Transportation, Division of Traffic Engineering for review and approval to proceed with ordinance establishing Title 39 enforcement authority.

A motion was made by Lasinski to approve the resolution as presented, seconded by Kievit. All in favor with Worflar voting no. Motion carried.

E. WHEREAS, Senate Bill No. 116 would require that all prospective Nurses Aides, Personal Care Assistants and Homemaker/Home Health Aides undergo a criminal background check as a condition of recertification; and

WHEREAS, Sussex County strives to support legislation which will protect and continue to provide the high quality of living currently enjoyed by all of the County's citizens, but most importantly always strives to protect the elderly and disabled population.

NOW, THEREFORE, BE IT RESOLVED that the Township Council of the Township of Hardyston supports Senate Bill 116 and urges the Senate President and Assembly Speaker to support swift passage of such legislation; and

BE IT FURTHER RESOLVED that a certified copy of this Resolution be forwarded to Governor Whitman; Senate President Donald T. DiFrancesco; Assembly Speaker Jack Collins; Senator Robert E. Littell, Assemblyman E. Scott Garrett; Assemblyman Guy R. Gregg. and all New Jersey Freeholder Clerks; all Sussex County Municipal Clerks; the Sussex County Department of Planning. Development and Human Services; the Sussex County Division of the Office on Aging; the Sussex County Department of the Homestead.

A motion was made by Lasinski to approve the resolution as presented, seconded by Hamilton. All in favor. Motion carried.

F. A RESOLUTION REQUESTING PERMISSION FOR THE DEDICATION BY RIDER FOR RECREATIONAL PURPOSES

WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a county or municipality when the revenue is not subject to reasonably accurate estimates in advance; and

WHEREAS, N.J.S.A.40A:4?39 provides that the Director of the Division of Local Government Services may approve expenditures or moneys by dedication by rider; and

NOW, THEREFORE, BE IT RESOLVED by the Township of Hardyston, County of Sussex, New Jersey as follows:

1. The Borough Council does hereby request permission of the Director or the Division of Local Government Services to pay expenditures under the provisions of N.J.S.A.40A:4?39, as amended by P.L. 1999, c.292, for the exclusive purpose of depositing and expending funds paid by individuals to offset the costs
of operating municipal "fee?based" recreation programs.

2. The Municipal Clerk is hereby directed to forward two certified copies of this
Resolution to the Director of the Division of Local Government Services.

A motion was made by Kievit to approve the resolution as presented, seconded by Worflar. All in favor. Motion carried.

G. RESOLUTION ENDORSING A HOUSING ELEMENT AND FAIR SHARE PLAN AND PETITIONING THE NEW JERSEY COUNCIL ON AFFORDABLE HOUSING FOR SUBSTANTIVE CERTIFICATION

WHEREAS, the Hardyston Planning Board has considered the housing element and fair share plan at a meeting of the planning board held on April 10, 2000 and did adopt said "Housing Element and Fair Share Plan" as part of the Master Plan of the Township of Hardyston; and

WHEREAS, the Township of Hardyston in the County of Sussex endorses the housing element and fair share plan and desires to petition the Council on Affordable Housing (COAH) for substantive certification of this plan.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that the housing element of Hardyston Township, as adopted by the planning board of Hardyston MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON APRIL 18, 2000.

Township as a part of the Master Plan thereof, be submitted to COAH together with the fair share plan and that this resolution be considered by COAH as a petition for substantive certification by Hardyston Township; and

BE IT FURTHER RESOLVED that the Township Clerk be authorized to publish notice of the petition for substantive certification in a newspaper of county-wide circulation and that a copy of this resolution, the adopted housing element and proposed fair share plan, and supporting documentation be made available for public inspection at the Township Clerk's office during regular business hours at 29 Stockholm-Vernon Road, Stockholm, NJ on Monday through Friday, for a period of 45 days following the date of publication of said legal notice.

HARDYSTON TOWNSHIP PETITION FOR SUBSTANTIVE CERTIFICATION
NOTICE OF PETITION:

NOTICE is hereby given that the Township of Hardyston in the County of Sussex has petitioned the New Jersey Council on Affordable Housing (COAH) for substantive certification of its housing element and fair share plan, pursuant to N.J.S.A. 52:27D-301 et seq. And N.J.A.C. 5:91-3.1 et seq. Copies of said adopted housing element and fair share plan and supporting documentation are available for public inspection at the Township of Hardyston municipal building, located at 29 Stockholm-Vernon Road, Stockholm, New Jersey, during regular business hours. Objections or comments, if any, to the housing element and fair share plan must be filed with COAH, 101 South Broad Street, PO Box 813, Trenton, New Jersey, 08625-0813, and with the Municipal Clerk within 45 days of publication of this notice.

A motion was made by Kievit to approve the resolution as presented, seconded by Hamilton. All in favor. Motion carried.

H. Resolution S866/A1309:

WHEREAS, the State legislative bodies have introduced bills pertaining to Access to Public Records; and

WHEREAS, the Hardyston Township Council has reviewed Assembly Bill No. 1309 as currently written and finds several areas of concern.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Hardyston, County of Sussex, State of New Jersey that the Committee opposes the current legislation until the following concerns are addressed:

1. The municipality is a depository for public information; however, the need to view the information should be balanced with the rights of persons required to file information with the municipality shall have certain rights of privacy such as release of telephone numbers and/or social security numbers; and The municipality should not have to defend both sides of a litigation which is brought on behalf of a person denied information; and

2. The municipality should not have to defend both sides of a litigation which is brought on behalf of a person denied information; and

3. The municipality shall have recourse in the volume of information to be provided on any occasion, so as to have the entire cost of providing the requested information is borne by the person or organization requesting the information; and

4. The fines levied against municipalities violating provisions of the legislation should be reasonably set and not extend over a period of ten years; and

5. The member of public providing information should not have to pay a fee (as was recently suggested) for the privilege of withholding certain portions of information or to be kept off certain lists provided to businesses, etc.; and

6. Release of any information which may place a resident or business at risk should be withheld until the necessity of providing such information can be carefully assessed.

BE IT FURTHER RESOLVED that the Hardyston Township Council acknowledges that the public has a right to certain information which may be on file in the municipality; but providing same should not effect normal operation of Township business or unduly infringe upon the public's right of privacy in release of certain information.

BE IT FINALLY RESOLVED that a copy of this Resolution be forwarded to Assemblyman Guy Gregg, Assemblyman Scott Garrett, Senator Robert Littell, and all Sussex County Municipalities.

A motion was made by Lasinski to approve the resolutions as presented, seconded by Kievit. All in favor. Motion carried.

I. RESOLUTION ACCEPTING A RESTORATION BOND IN THE AMOUNT OF $133,164.00 LETTER OF CREDIT AND $14,796.00 CASH FOR CRYSTAL SPRINGS, CEDARS PHASE III

WHEREAS, the Hardyston Township Planning Board granted approval to Crystal Springs, the Cedars, Phase III

WHEREAS, as a condition of said approval Crystal Springs was required to post a performance guarantee for restoration with the Township of Hardyston for the said site in the amount of $147,960.00 and

WHEREAS, 10% ($14,796.00)of said performance securities were required to be in the form of surety ; and

WHEREAS, Crystal Springs has submitted to the Municipal Clerk, Boiling Springs Savings Ban, Irrevocable Letter of Credit in the amount of $133,164.00 and cash in the amount of $14,796.00; and

WHEREAS, this letter of credit has been reviewed and approved as to form by the Township Attorney.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby accepts the Letter of Credit from the Crystal Springs as performance security for the restoration of said site improvements as required in the Hardyston Township Planning Board approval.

A motion was made by Hamilton to approve the resolution as presented, seconded by Worflar. All in favor with Lasinski abstaining. Motion carried.

J. Resolution authorizing the Township Manager advertise bids for dump truck and fire truck.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to advertise bids for the following:

1. Fire Truck
2. Dump Truck

A motion was made by Lasinski to approve the resolution as presented, seconded by Worflar. All in favor. Motion carried.

K. CORRESPONDENCE LIST

1. NJ State League of Municipalities
2. NJ State League of Municipalities
3. Township of Jefferson
4. NJ State League of Municipalities
5. NJ State League of Municipalities
6. State of New Jersey - DCA
7. NJ Transportation Conference
8. State of New Jersey - DCA
9. State of New Jersey - DOT
10. NJ Transit
11. State of New Jersey - DCA
12. State of New Jersey - Ratepayer Advocate
13. SC Division of Emergency Management
14. County of Sussex - Dept. of Planning
15. County of Sussex - Dept. of Planning
16. Home and Health
17. Township of Hampton
18. Township of Hampton
19. Borough of Odgensburg
20. Township of Lafayette
21. United States Senate
22. The High Pointer
23. CCFA
24. Vernon Township Planning Bd.
25. DARE Line, NJ
26. Sparta Athletic club
27. Jim Treffinger
28. NJ Womens Political Caucus
29. General Code Publishers
30. Advanced Investor
31. Energy Choice
32. Sussex County State Bank
33. Township of West Milford
34. NORWESCAP
35. Jim Treffinger
36. Watershed News
37. Human Services Connection
38. NJDOT
39. PSEG
40. NJBIA

A motion was made by Lasinski to approve the correspondence list as presented with the exception of 2, 3, 5, and 11, seconded by Kievit. All in favor. Motion carried.

MANAGERS REPORT: Manager John Eskilson gave a verbal and written report on the following items:

Bulky Waste Pickup Program
Small Cities Housing Rehabilitation Grant/Smart Growth Grant

BILLS TO BE PAID: A motion was made by Kievit to pay the bills as presented, seconded by Worflar. All in favor. Motion carried. The bill list may be found at the end of these minutes.

PUBLIC PARTICIPATION: A motion was made and seconded to open the meeting to the public. All in favor. Motion carried. The public commented on voting and COAH.

A motion was made and seconded to close the meeting to the public. All in favor. Motion carried.

ADJOURN: A motion was made by Worflar to adjourn, seconded by Lasinski. All in favor. Motion carried.

ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk