MINUTES
OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON FEBRUARY
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. Municipal
Clerk - 1999 Year End Report
2. Municipal Clerk - January 2000 Report
3. Volunteer Tuition Credit Program Report
4. Dog License Report - January 2000
5. Sparta Animal Report - 4th quarter 1999
6. Police Department Report - December 1999
7. Construction Department Report - January 2000
8. Tax Collectors Report - January 2000
9. North Jersey Municipal Benefits Fund minutes 12/3/99
10. HTMUA Minutes - 12/9/99
Minutes:
1. Regular Minutes of 2/1/00
2. Workshop Minutes of 2/8/00
Licenses:
1. Immaculate Conception - 2 Raffles - 1 Basket Bingo
A motion
was made by Kievit to approve the consent agenda, seconded
by Hamilton. All in favor. Motion carried.
ORDINANCES: ORDINANCE 2000-02
1st READING: AN ORDINANCE OF THE TOWNSHIP COUNCIL
OF THE TOWNSHIP OF HARDYSTON AMENDING
CHAPTER XVI OF THE LAND USE CODE OF THE
TOWNSHIP ENTITLED "SITE PLAN REVIEW"
A motion
was made by Lasinski to approve Ordinance 2000-02 on first
reading, seconded by Worflar. All in favor. Motion carried.
ORDINANCE
2000-03
AN ORDINANCE TO APPROVE AND ADOPT MAPS
OF THE AREA OR AREAS IN HARDYSTON
TOWNSHIP THAT ARE WITHIN 1,000 FEET OF ANY
PROPERTY USED FOR SCHOOL PURPOSES.
WHEREAS, N.J.S.A. 39:4?50 was amended effective December
1, 1999 to provide for enhanced penalties for operating
a motor vehicle within 1,000 feet of any property used for
school purposes while under the influence of intoxicating
liquor or drugs; and
WHEREAS,
N.J.S.A. 2C:35?7 provides enhanced penalties for distributing,
dispensing or possessing within 1,000 feet of any property
used for school purposes a controlled dangerous substance
or controlled dangerous substance analog; and
WHEREAS,
N.J.S.A. 2C:39?7 further permits a municipality to produce
and approve a map or maps to depict the location and boundaries
of the area within 1,000 feet of any property used for school
purposes which is owned by or leased to any elementary or
secondary school or school board; and
WHEREAS,
the Hardyston Township Council has caused such map or maps
to be prepared to depict the locations within Hardyston
Township that are within 1,000 feet of all properties used
for elementary or secondary school purposes;
NOW,
THEREFORE, BE IT ORDAINED by the Mayor and Council of the
Townsbip of Hardyston, Sussex County, New Jersey, as follows:
1. The
map or maps produced to depict the location in the Township
of Hardyston of all properties owned by or leased to the
Hardyston Township Board of Education, Wallkill Valley Regional
Board of Education and the boundaries of the area within
1,000 feet of each such property used for school purposes,
are hereby approved.
2. Said
map or maps are the official finding and record of the Township
of Hardyston of the locations and boundaries of the area
within 1,000 feet of the property owned by or leased to
the elementary and secondary schools and Board of Education
in the Township.
3. The
original of every map approved or revised pursuant to this
Ordinance, or a true copy thereof, shall be filed with the
clerk of the municipality or county and shall be maintained
as an official record.
4.
This Ordinance shall take effect upon final passage and
publication pursuant to law.
A motion
was made by Kievit to approve Ordinance 2000-03 on first
reading, seconded by Worflar. All in favor. Motion carried.
ORDINANCE
2000-04
A MUNICIPAL ORDINANCE PROHIBITING
POLITICAL FUNDRAISING ON OR BY USE
OF PUBLIC PROPERTY.
Be it
Ordained by the Township Council of Hardyston Township,
County of Sussex and State of New Jersey, as follows.
Section
1. Short Title
An ordinance
banning the use of government buildings and government equipment
for political fundraising.
Section
2. Purpose
WHEREAS
political contributions have a profound impact on government
decision making; and
WHEREAS
our laws in New Jersey do not presently ban solicitation
or acceptance of contribution by public office holders and
employees while on public property or by use of public facilities;
and
WHEREAS
a conflict may arise between the business of political fundraising
and the business of government in town hall and other government?owned
premises, and this may cause a distraction from the People's
business; and
WHEREAS,
the most appropriate method to prevent this conflict and
to insure the integrity of government decisions is the prohibition
of political fundraising on or by use of public property.
THEREFORE,
it is accordingly found and determined that the paramount
public interest in a clean and accountable government requires
the prohibition of political fundraising on public property
or by use of public facilities.
Section 3. Definitions
A. Candidate
? Any individual seeking election to a public office of
the federal government, state, county, municipality, school
district or political organization at an election.
B. Contribution
? Includes all loans and transfers of money or other thing
of value to or by any candidate elected official or political
organization and all pledges or other commitments or assumptions
of liability to make any such transfer. Contributions shall
be deemed to have been made upon the date when such commitment
is made or liability assumed.
C. Political
Organization ? Means any two or more persons acting jointly,
or any corporation, partnership or any other incorporated
or unincorporated association which is organized to, or
does, aid or promote the nomination, election or defeat
of any candidate or candidates for federal, state, county,
'municipal or school board office. "Political organization"
includes, but is not limited to,
D. Municipality
? This municipality and any officer, department, board,
commission, or agency thereof
E. Municipal
official, employee and appointee ? Any person holding elective
municipal office or holding an appointed position in the
municipal government, or in any agency, commission, board,
or office thereof, whether the position is full time or
part time, compensated or uncompensated; and any employee
of municipal government or in any
agency, commission, board, or office thereof, whether the
position is full time or part time.
F. Solicit ? To seek by oral or written communication a
Contribution as same is defined herein.
G. Property
of the Municipality ? Buildings, land, vehicles, phones,
fax machines, computers or other office equipment or supplies
and other real or personal property owned, leased or controlled
by the municipality, except for public roads and open park
land.
Section
4. General Regulations
A. Prohibition
Against Soliciting or Accepting Political Contributions
on Public Property.
1.
No municipal official, employee or appointee may solicit,
commit to pay, or receive payment of or a commitment to
pay any contribution for any candidate, elected official
or political organization while in or on the Property of
the Municipality or utilizing the Property of the Municipality.
B. Prohibited
Forms of Fundraising
1. Prohibited
forms of fundraising shall include but are not limited to:
a.
Soliciting or accepting contributions using municipal telephones,
fax machines or computers.
b.
Soliciting or accepting contributions using personal telephones
while on the Property of the Municipality.
c. Soliciting
or accepting contributions through the use of publicly?owned
computers or privately?owned personal computers while on
the Property of the Municipality.
d. Using municipal letterhead to solicit or accept contributions.
e. Sending correspondence from municipal buildings or by
use of municipal services, equipment or postage.
f.
Face?to?face soliciting of an individual or an owner or
representative of a business entity while on the Property
of the Municipality.
g.
Use of automobiles owned or leased by the municipality to
accept or solicit contributions.
C. Reporting
Requirements: It shall be the responsibility of any employee,
appointed, or elected official who observes any prohibited
forms of fundraising to report such conduct to the municipal
prosecutor and the Township Manager who shall report same
to the governing body.
D. Whistleblower
Provision: It shall be unlawful for any employee, elected
official or appointee to be dismissed, reprimanded, retaliated
against or otherwise intimidated for complying with the
reporting requirements mandated by this ordinance.
E. Violation
-Violation of any provision of this ordinance shall be punished
by period of
community service not exceeding 90 days or a fine not exceeding
$1,000.
Section
5: Severability and Effectiveness Clause
A. If
any section of this ordinance is held to be void or invalid,
it shall be severed and the other sections of the ordinance
remain in force.
B. This
ordinance shall become effective on final adoption.
A motion
was made by Kievit to approve Ordinance 2000-04 on first
reading, seconded by Hamilton. All in favor. Motion carried.
ORDINANCE 2000-05
AN ORDINANCE TO AMEND CHAPTER XIX OF THE GENERAL ORDINANCES
OF THE TOWNSHIP OF HARDYSTON, ENTITLED, "FEES".
BE IT
ORDAINED by the Township Council of the Township of Hardyston
that chapter XIX of the Revised General ordinances shall
be and is hereby amended as follows:
19-1.3
C - Site Plans - Base Application Fee
New
Section:
7. Minor
Site Plans ……………………………$100.00
Review
Fee Escrow Deposit Required …………$400.00
This
ordinance shall take effect after publication and passage
according to law.
A motion
was made by Kievit to approve Ordinance 2000-05 on first
reading, seconded by Worflar. All in favor. Motion carried.
ORDINANCES:
2ND READING: ORDINANCE NO. 2000-01
ORDINANCE ACCEPTING DONATION OF LAND FROM:
Block 91 - Lot 20 - Frank Gehrig
Block 13 - Lot 6 - Harold Jager
Block 79 - Lot 44 - Freda Gulderman
Block 72.03 - Lot 2 - Alan Hudson
Block 13 - Lot 7 - Anton & Veronia Polt
A motion
was made by Ross to open the meeting to the public, seconded
by Lasinski. All in favor. Motion carried. Lauren Bush,
Attorney for Scenic Lakes was present. Manager John Eskilson
stated that there were some legal problems with the donated
properties and suggested that the ordinance be carried until
a legal opinion was obtained. A motion was made by Kievit
to carry the ordinance, seconded by Worflar. All in favor.
Motion carried.
NEW
BUSINESS:
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 Franklin - Land Use
Services
A motion was made by Hamilton to approve the resolution
as presented, seconded by Kievit. All in favor. Motion carried.
Resolution
authorizing purchase of two police vehicles through State
Contract #42786: WHEREAS, the New Jersey Local Public Contracts
Law (N.J.S.A.40A:11-12) enables units of local government
to purchase without competitive bid, materials, supplies
or equipment
under any contract entered into on behalf of the State Division
of Purchase and Property in the Department of Treasury;
and
WHEREAS,
Warnock Fleet, 175 Route 10, PO Box 524, East Hanover, NJ
07936-0524 has been awarded State Contract #41786 by the
Division of Purchase and Property in the Department of Treasury
for the purchase of, and
WHEREAS,
The Township of Hardyston is in need of vehicles for use
in the Department of Police.
WHEREAS,
Funds are available through the 2000 Municipal Township
Budget.
NOW,
THEREFORE BE IT RESOLVED that these two vehicles be purchased
without competitive bid as per N.J.S.A.40A:11-12.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Ross. All in favor. Motion carried.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
Soil Removal License Renewal - North Church Gravel: A motion
was made by Hamilton to approve the license with the Engineers
stipulations, seconded by Kievit. All in favor with Lasinski
abstaining. Motion carried.
1999
Municipal Budget Transfers: WHEREAS, VARIOUS 1999 bills
have been presented for payment this year which were not
covered by order number and/or recorded at the time of transfers
in the 1998 budget in the last two months of 1999 and
WHEREAS,
NJS 40A:4-59 provides that all unexpended balances carried
forward after the close of year are available until lapsed
at the close of the succeeding year to meet specific claims,
commitments or contracts incurred during the preceding fiscal
year; and allows transfers to be made from unexpended balances
which are expected to be insufficient during the first three
months of the succeeding year;
NOW,
THEREFORE, BE IT RESOLVED by the Council of the Township
of Hardyston that the following transfers in the amount
of $ 3000.00 made between the 1999 Budget Appropriation
Reserves as follows:
FROM
Insurance-Other
$ 3,000.00
TO
A & E - Other Expenses $ 500.00
Planning
Bd - Other Exp. $ 1,500.00
Police
- Other Expenses $1,000.00
$3,000.00
A motion
was made by Kievit to approve the resolution as presented,
seconded by Hamilton. All in favor. Motion carried.
#15. Correspondence List :
1. NJ
State League of Municipalities
2. NJ State League of Municipalities
3. NJ State League of Municipalities
4. NJ State League of Municipalities
5. State of NJ - DEP
6. State of NJ - DEP
7. State of NJ - DCA
8. NJ Radioactive Waste Disposal Siting Board
9. State of NJ - Dept. of Labor
10. State of NJ - Dept. of State
11. Vernon Township
12. Township of Jefferson
13. County of Sussex
14. General Code Publishers
15. Due Process
16. PFM News
17. Conspectus newsletter
18. Kindness Awareness Campaign 2000
19. State of NJ - DEP
20. Rural
21. Watershed News
22. The High Pointer
23. MuniMetriX
24. Council on Affordable Housing
25. American Environmental Services, Inc.
26. NJ General Assembly
27. NJ State League of Municipalities
28. Duplicate
A motion
was made by Kievit to approve the correspondence list as
presented, seconded by Worflar. All in favor. Motion carried.
MANAGERS REPORT: Manager John Eskilson gave a verbal
and written report on the following items:
2000
Municipal Budget
Wheatsworth Road Park Phase II
BILLS
TO BE PAID: A motion was made by Kievit to pay the bills
as presented, seconded by Hamilton. 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.
No public comment.
A motion
was made and seconded to close the meeting to the public.
All in favor. Motion carried.
ADJOURN:
A motion was made by Lasinski to adjourn, seconded by Hamilton.
All in favor. Motion carried.
ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON
FEBRUARY 15, 2000.
