| MINUTES
OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON AUGUST 15,
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:
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. Sparta
Animal Control Quarterly Report
2. Board of Health Minutes - 5/11/00
3. Statewide Insurance Fund
4. Municipal Court - June 2000
5. Statewide Insurance Fund
6. Statewide Insurance Fund
7. Police Report - June 2000
8. HTMUA Minutes - 6/14/00
9. Treasurers Report - June 2000
10. Clerks Report - July 2000
Minutes:
1. Special Meeting Minutes of 7/11/00
2. Workshop Minutes of 7/11/00
3. Executive Session Minutes of 7/11/00
4. Regular Minutes of 7/18/00
5. Special Meeting Minutes of 7/25/00
6. Workshop Minutes of 7/25/00
7. Executive Session Minutes of 7/25/00
Licenses:
None
A motion
was made by Lasinski to approve the consent agenda, seconded
by Kievit. All in favor. Motion carried.
ORDINANCES
1st READING: ORDINANCE 2000-16
AN ORDINANCE
AMENDING CHAPTER 88, FEES, SECTION 3, LAND USE FEES, OF THE
REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF HARDYSTON
BE IT
ORDAINED by the Township Council of the Township Council that
Chapter 88, Fees, Section.3, Land Use Fees, of the Revised
General Ordinances of the Township of Hardyston shall be amended
as follows.
M Application
fee for Master Plan/preliminary approval for planned unit
developments.
1. Fee
shall be the total of the following:
a. $ 5.00
per acre of total project area.
b. $10.00 per proposed residential unit
c. $10.00 per room for hotel or conference center development
d. 5.00 per 100 square feet of non-residential buildings,
excluding hotels and conference enters
A motion
was made by Worflar to introduce Ordinance 2000-16, seconded
by Hamilton. All in favor. Motion carried.
ORDINANCES:
2ND READING: ORDINANCE 2000-15
AN ORDINANCE
MAKING THE PROVISIONS OF SUBTITLE ONE OF TITLE 39 WITH VARIOUS
TRAFFIC REGULATIONS APPLICABLE TO THE INDIAN FIELDS AT HARDYSTON
(PHASE II), AND REGULATING THE USE OF SAID ROADWAYS, STREETS,
DRIVEWAYS, AND PARKING LOTS BY MOTOR VEHICLES.
A motion
was made by Ross to open the meeting to the public, seconded
by Lasinski. All in favor. Motion carried. A motion was made
by Kievit to approve Ordinance 2000-15 on second reading,
seconded by Lasinski. All in favor with Worflar abstaining.
Motion carried.
NEW
BUSINESS:
A.
Tax Collectors Resolution - WHEREAS, on April 22, 1999Gisela
Boltzer, Collector of Taxes sold at public sale Tax Lien #99?0010
for delinquent municipal liens on premises known as,
Block
49 Lot 32.01 to First Union Agent for Breen C/O Breen Capital
Group 101 Farnsworth Avenue Bordentown, New Jersey 08505?1307
WHEREAS,
the Collector will receive redemption of said lien on August
30, 2000 and will deposit said sums in the current account
of the Township of Hardyston.
NOW, THEREFORE
BE IT RESOLVED by the Mayor and Council of the Township of
Hardyston:
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 #99?0010 in the sum of $ 5,712.21
provided the holder 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 Worflar. All in favor. Motion carried.
B.
Resolution - Chapter 159 - WHEREAS, N.J.S. 40A4-87 provides
that the Director of the Division of Local Government Services
may approve the insertion of any special item of revenue in
the budget of any county or municipality when such item shall
have been made available by law and the amount thereof was
not determined at the time of the adoption of the budget,
and
WHEREAS,
said Director may also approve the insertion of an item of
appropriation for an equal amount, and
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON
AUGUST 15, 2000.
WHEREAS,
THE TOWNSHP OF Hardyston has received $4,000 from the State
of New Jersey for Emergency Management Assistance and wishes
to amend its 2000 Budget to include this amount as a revenue,
NOW, THEREFORE,
BE IT RESOLV ED that the Council of the Township of Hardyston
hereby requests the Director of the Division of Local Government
Services to approve the insertion of an item of revenue in
the budget of the year 2000 in the sum of $4000 which is now
available as a revenue from:
Miscellaneous
Revenues
Special Items of General Revenue Anticipated with
Prior Written Consent of the Director of Local Government
Services:
State and Federal Revenues Offset with Appropriations:
Emergency Management Assistance-NJ State Police
BE IT
FURTHER RESOLVED that a like sum of $4000 be and the same
is hereby appropriated under the caption of:
General
Appropriations
Operations Excluded from 5% Caps
State and Federal Programs Offset by Revenues:
Emergency Management Assistance-NJ State Police
BE IT
FURTHER RESOLVED, that the Township Clerk forward two copies
of this resolution to the Director of Local Government Services.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Hamilton. All in favor. Motion carried.
C.
Resolution opposing proposed DEP Watershed Management Rules
- WHEREAS, the New Jersey Department of Environmental Protection
has proposed Watershed Management Rules which were published
in the New Jersey Register on July 3, 2000; and
WHEREAS,
the regulations as proposed call for the withdrawal of the
approval for wastewater service areas between 2,000 and 20,000
gallons per day (gpd), currently designated in Municipal Wastewater
Management Plans, and their re?designation to septic system
areas would eliminate existing approvals for development in
those areas; and
WHEREAS,
the Township of Hardyston recently expended thousands of dollars
to amend its Wastewater Management plan to reclassify areas
zoned for industrial use to "groundwater discharge less
than 20,000 gallons per day"; and
WHEREAS,
said Wastewater Management Plan amendment was reviewed and
approved by the Hardyston Township Economic Development Commission,
the Hardyston Township Planning Board, the Hardyston Township
Council, the Sussex County 208 Policy Advisory Committee and
the Sussex County Board of Chosen Freeholders; and
WHEREAS,
on April 3, 2000 the New Jersey Department of Environmental
Protection through correspondence from Lance Miller, Director
of the Division of Watershed Management approved the reclassification
of Hardyston industrial lands to "groundwater discharge
less than 20,000 gallons per day" and deemed such classification
to be in accordance with Executive Order 109 and N.J.A.C.
7:15-5.18.; and
WHEREAS,
the proposed withdrawal and re?designation to septic areas
negates the time, effort and expense by municipalities and
others in obtaining approvals for their Municipal Wastewater
Management Plans for the past ten years, and negates the governmental
review and standards for approval applied according to the
Plan Amendment Process, as agreed between the DEP and Sussex
County in July 1990; and
WHEREAS,
the proposed withdrawal and re?designation to septic areas
will inhibit commercial development by imposing more regulatory
requirements, decrease the attraction of businesses, jobs
and ratables to Sussex County, and increase the tax burden
on the residents of Sussex County; and
WHEREAS,
the proposed withdrawal and re?designation will actually promote
'sprawl" by making it difficult to build developments
with higher density, and removing approved wastewater service
areas in some Centers and replacing them with septic?based
development at low densities; and
WHEREAS,
the proposed review of residential subdivisions with six or
more lots by the NJ Dept of Environmental Protection is inappropriate
and duplicative, when individual septic systems are regulated
by Chapter 199 and permitted by local Health Departments;
and
WHEREAS,
six septic systems on six lots (potentially 6?12 acres or
more total) are not equivalent to and should not be regulated
the same as one wastewater discharge of 2,000 gpd, and the
statutory basis for this type of regulation is questionable;
and
WHEREAS,
the proposed Watershed Management Rules give preferential
status to Planning Areas I and 2 and Designated Centers in
Planning Areas 3, 4 and 5 regarding sewer service areas, thereby
establishing the State Plan as. a regulatory document, instead
of an advisory plan, which contradicts the assurances made
by State officials during the Cross Acceptance process that
the Rate Plan would remain an advisory document
NOW, THEREFORE
BE IT RESOLVED that the Hardyston Township Council strongly
objects to the proposals in Subchapter 6, including the proposed
withdrawal and re?designation of the wastewater service areas
in designated in Areawide WQM Plans with flows less than 20,000
gallons per day (gpd), and the proposed review of residential
subdivisions with six or more lots; and
BE IT
FURTHER RESOLVED that the Hardyston Township Council opposes
the intended use of the State Plan and its maps of Planning
Areas and Designated Centers to implement State regulations,
as this contradicts the assurances made during Cross Acceptance,
and we continue to have some disagreements about the delineation's
of Planning Areas and Center boundaries in Sussex County by
the State; and
BE IT
FURTHER RESOLVED that copies of this Resolution shall be forwarded
to the Honorable Christine Todd Whitman - Governor, the Honorable
Robert Shinn NJ Dept. of Environmental Protection Commissioner,
the Honorable Robert E. Littell, the Honorable E. Scott Garrett,
the Honorable Guy Gregg, the Sussex County Board of Chosen
Freeholders, all Sussex County Municipalities, the Sussex
County Economic Development Partnership and the New Jersey
League of Municipalities.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
D.
Fee Waiver -Prince of Peace - A motion was made by Kievit
to approve the waiver as presented, seconded by Lasinski.
All in favor. Motion carried.
E. RESOLUTION AUTHORIZING THE TOWNSHIP MANAGER TO EXECUTE
AND AMENDED AGREEMENT BETWEEN THE TOWNSHIP OF HARDYSTON AND
THE HARDYSTON TOWNSHIP POLICE OFFICERS ASSOCIATION TO INCORPORATE
LANGUAGE PROVIDING FOR TWELVE HOUR WORK SHIFTS
WHEREAS,
the Hardyston Township Police Officers Association has requested
a change in patrol shifts from the current eight hour configuration
to a twelve hour configuration; and
WHEREAS,
the Hardyston Township Manager and Hardyston Township Chief
of Police have reviewed said change and have recommended its
implementation on a one year trial basis; and
WHEREAS,
certain modifications to the current agreement between the
Township of Hardyston and the Hardyston Township Police Officers
Association for the period January 1, 1999 through December
31, 2001 to incorporate provisions of a twelve hour work shift;
and
WHEREAS,
said modifications have been made to Article III - Overtime,
Article IV - Court Time, Article VI - Holidays and Article
VII - Vacations.
NOW THEREFORE
BE IT RESOLVED by the Hardyston Township Council as follows:
1. The
Township Manager is hereby authorized to execute a modified
agreement with the Hardyston Township Police Officers Association
for the period January 1, 1999 through December 31 to incorporate
provisions necessary to enable a twelve hour work shift.
2. Modified
agreement shall take effect September 1, 2000 through the
balance of the current agreement.
3. The
Township Council reserves the right to review the impact of
twelve hour shifts on police operations and budget in conjunction
with the Township Manager and the Chief of Police.
4. Said
amendment is in no way intended to modify or amend current
management prerogative with respect to length of shift or
shift assignments.
A motion
was made by Lasinski to approve the resolution as presented,
seconded by Kievit. All in favor. Motion carried.
G. Liquor License Renewal - Winners/Jimbo Inc. A motion
was made by Kievit to approve the resolution as presented,
seconded by Worflar. All in favor with Lasinski abstaining.
Motion carried.
H.
Resolution awarding bid for the lease of Township property
for an antenna structure - WHEREAS, bids for lease of Township
Property for an antenna structure were advertised according
to law in the New Jersey Herald; and
WHEREAS,
bids for said lease were opened at the Hardyston Township
Municipal Building at 11:00 a.m. on July 12, 2000; and
WHEREAS,
AT&T Wireless Services submitted the low bid in the amount
of
Year
1 Lease Payment $15,300.00
Year 2 Lease Payment $16,065.00
Year 3 Lease Payment $16,868.00
Year 4 Lease Payment $17,711.40
Year 5 Lease Payment $18,596.97
TOTAL
FIVE YEAR PAYMENT $84,541.37
WHEREAS,
bids have been reviewed by the Township Manager and the Township
Attorney.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby awards the bid for the Lease of Township
Property for an Antenna Structure to AT&T Wireless; and
BE IT
FURTHER RESOLVED that the Township Manager is hereby authorized
to execute required lease documents subsequent to review by
the Township Attorney.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
H.
RESOLUTION ACCEPTING A LETTER OF CREDIT IN THE AMOUNT OF $105,932.07
AND $11,770.23 CASH FOR CRYSTAL SPRINGS, HEAVENLY GLEN
WHEREAS,
the Hardyston Township Planning Board granted approval to
Crystal Springs, Heavenly Glen,
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 $117,702.30
and
WHEREAS,
10% ($11,770.23)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 $105,932.07 and cash in the amount of $11,770.23;
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 Kievit to approve the resolution as presented,
seconded by Hamilton. All in favor with Lasinski abstaining.
Motion carried.
N.
Correspondence List
1. Morris, Downing & Sherred
2. Resolution - Township of Andover
3. Resolution - Township of West Milford
4. Resolution - Township of Vernon
5. Resolution - Township of Franklin
6. Resolution - Township of Green
7. Resolution - Township of Hampton
8. Resolution - Township of Vernon
9. Resolution - Township of Andover
10. NJ State League of Municipalities
11. NJ State League of Municipalities
12. NJ State League of Municipalities
13. NJ State League of Municipalities
14. NJ Radioactive Siting Board
15. State of NJ - DOT
16. Resolution - Township of Hampton]
17. State of NJ - Dept. of Ag.
18. Pinnacle Telecom Group
19. Human services Connection
20. The High Pointer
21. French & Parrello
22. The Decoder
23. KMM
24. Home Front
25. Commuter
26. Conspectus
27. King
28. NJ State - Dept. of Veterans
29. NJ Commission on Science
30. AEA
31. OSHA Training
32. Census 2000
33. Passaic river Coalition
34. NJN Newsline
35. Guardian
36. GPU
37. Rutgers
38. SCADA
39. Governor Whitman
40. Resolution - Township of West Milford
41. SC AIDS Task Force
42. SCMUA
43. Resolution - Township of Hardwick
44. NJ General Assembly
45. West Milford
46. Hampton Township
47. Hampton Township
48. Council on Affordable Housing
49. GPU
A motion
was made by Kievit to approve the correspondence list as presented,
seconded by Lasinski. All in favor. Motion carried.
MANAGERS REPORT: Manager John Eskilson gave a verbal
and written report on the following items:
Storm
Report
Wheatsworth Park Project
Oil & Stone Program
Gypsy Moth Survey
First Responder Early Defibrillation Enhancement Program
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 the following: Silver Grove Road Bridge,
Well at Wheatsworth Sports Field, Addresses, Tamarack Dam,
Emergency plans for Lake communities, Dam restoration project,
Holland Mountain Road, Lake Gerard, Ice Skating Arena and
Police Department Family Day.
A motion
was made and seconded to close the meeting to the public.
All in favor. Motion carried.
ADJOURN:
A motion was made by Hamilton to adjourn, seconded by
Kievit. All in favor. Motion carried.
ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk
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