| MINUTES
OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON JANUARY 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:
Councilwoman Hamilton, Councilman Lasinski, Councilman Worflar,
Manager John Eskilson and Clerk Louanne Cular.
SALUTE
THE FLAG:
1.
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. Construction
Department - December 1999
2. Tax Collector - December 1999
3. Zoning Board Minutes - 12/2/99
4. Joint Economic Development Committee Minutes - 11/1/99
5. Emergency Management
6. Board of Health Minutes - 10/14/99
7. HTMUA Minutes of 11/10/99
8. Quarterly Smoke Detector Inspection Report
9. Joint Recreation Committee Minutes - 12/1/99
10. Construction Department - October 1999
Minutes:
None
Licenses:
1. Wallkill Valley Booster Club - 2 Tricky Trays
2. Wallkill Valley Booster Club - 5 - 50/50's
3. Project Graduation - Tricky Tray
A motion was made by Worflar to approve the consent agenda,
seconded by Lasinski. All in favor. Motion carried.
ORDINANCES .
1st READING: ORDINANCE 2000-01 - ORDINANCE ACCEPTING
DONATION OF LAND.
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
Whereas,
in or about 1995 to the present 2000 the following property
owners expressed an interest in donating and conveying ownership
of certain real estate which they own in the Township, commonly
known as 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 to the Township
of Hardyston; and
Whereas
the Mayor and Township Council have considered the request
of , Frank Gehrig, Harold Jager , Freda Gulderman , Alan Hudson
and Anton & Veronia Polt and that such donations of land
are permissible under New Jersey Statutes, and also under
N.J.S.A. 40:61?1; and
Whereas
the donation of the real estate by Frank Gehrig, Harold Jager
, Freda Gulderman , Alan Hudson and Anton & Veronia Polt
is being made without any restrictions of any kind as to the
use of the property and the donation is unrestricted in all
respects, subject only to easements and restrictions of record;
NOW, THEREFORE,
BE IT ORDAINED BY THE MAYOR AND TOWNSHIP COUNCIL OF THE TOWNSHIP
OF HARDYSTON, A MUNICIPAL CORPORATION OF THE STATE OF NEW
JERSEY: that the donation of land, commonly known as: Block
91 - Lot 20, Block 13 - Lot 6, Block 79 - Lot 44 , Block 72.03
- Lot 2 and Block 13 - Lot 7 -
as shown on the tax map of Hardyston Township, be and is hereby
accepted by the Township of Hardyston, and the Municipal Attorney
for the Township of Hardyston is hereby authorized and directed
to accept delivery of the Deed and Affidavit of Title regarding
the property and to record same at the Sussex County Clerk's
Office and to perform any such other acts as are usual and
necessary for the purpose of carrying out, completing, and
effectuating the transfer of title and ownership of the property
to the Township of Hardyston, it being further a condition
of acceptance of the donation of land that no real estate
taxes previously paid shall be refunded.
All provisions
of the aforesaid ordinance not amended herein shall remain
in full force and effect.
This ordinance
shall take effect upon passage and publication of same in
accordance with law.
A motion
was made by Worflar to approve Ordinance 2000-01 on first
reading, seconded by Lasinski. All in favor. Motion carried.
ORDINANCES:
None
2ND READING:
NEW
BUSINESS:
Tax Collectors
Resolution - RESOLUTION TO AUTHORIZATIONPAYMENT OF REDEMPTION:
WHEREAS,
on SEPTEMBER 30,1997 Gisela Boltzer, Collector of Taxes, sold
at public sale Tax Lien for delinquent municipal liens on
premises known as Block 56 Lot 10 to FIRST UNION NATIONAL
BANK/FUNB CORPORATE TRUST 3950 RCA BLVD , PALM BEACH GARDENS
FL.33401
WHEREAS;
the Collector has received redemption of said lien on JANUARY
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 _$_ 9639.78_____________
provided the holder of shall surrender the Certificate of
Sale and comply with all laws relating thereto.
A motion
was made by Hamilton to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
Statewide
Workers Compensation : Indemnity and Trust Agreement. - Resolution
to join - Resolution to appoint Risk Management Consultant
- Risk Management Consultant's Agreement:
A motion
was made by Hamilton to approve the resolutions as presented,
seconded by Worflar. All in favor. Motion carried.
1999 Budget
Transfer Resolution - January 18, 2000
WHEREAS,
VARIOUS 19989 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 1999 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 $5000.00 be
made between the 1999 Budget Appropriation Reserves as follows:
FROM
Legal Services - Other Expense $ 5,000.00
TO
A &
E - Other Expenses $3,500.00
Planning Bd. - Other Expenses $1,000.00
Police - Other Expenses $ 500.00
Total $5,000.00
A motion was made by Lasinski to approve the resolution as
presented, seconded by Worflar. All in favor. Motion carried.
Resolution
authorizing the Township Manager to execute agreements with
the Borough of Franklin for Joint Summer Day Camp and Zoning
Services. A motion was made by Hamilton to approve the resolution
as presented, seconded by Lasinski. All in favor. Motion carried.
Resolution
authorizing the Township Manager to execute an agreement with
the Danza Group for the plowing and sanding of roads not yet
accepted by the Township of Hardyston.
WHEREAS,
the Danza Group VI, LLC is the developer of 32 residential
lots on Block 60, Lot 5 in the Township of Hardyston commonly
known as the Stonhedge Development Phase II and III; and
WHEREAS,
public improvements including final roadway surface are not
yet completed within the Stonehedge Development Phase II and
III; and
WHEREAS,
several homes have been occupied with the Stonehedge Development
Phase II and III; and
WHEREAS,
it the responsibility of the developer to provide snow removal
services to development residents until such time as final
road improvements are completed and accepted by the Township;
and
WHEREAS,
the Township of Hardyston hereby agrees to provide snow removal
and sanding services to the Stonehedge Development Phase II
and III on roads not yet accepted by the Township as part
of its regular snow plowing/sanding routes in return for reimbursement
of their costs as outlined in the attached agreement.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby authorizes the Township Manager to
authorize an agreement with the Danza Group VI, LLC for snow
plow services on roads not yet accepted by the Township in
the Stonehedge Development Phase II and III. - A motion was
made by Hamilton to approve the resolution as presented, seconded
by Worflar. All in favor. Motion carried.
Resolution
authorizing the Township Manager to execute an agreement with
Timberline Manor, Inc. for the plowing and sanding of roads
not yet accepted by the Township of Hardyston.
WHEREAS,
Timberline Manor, Inc. is the developer of 22 residential
lots on Block 75, Lot 9 in the Township of Hardyston; and
WHEREAS,
public improvements including final roadway surface are not
yet completed within the Timberline Development; and
WHEREAS,
several homes have been occupied with the Timberline Development;
and
WHEREAS,
it the responsibility of the developer to provide snow removal
services to development residents until such time as final
road improvements are completed and accepted by the Township;
and
WHEREAS,
the Township of Hardyston hereby agrees to provide snow removal
and sanding services to the Timberline Manor development on
roads not yet accepted by the Township as part of its regular
snow plowing/sanding routes in return for reimbursement of
their costs as outlined in the attached agreement.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby authorizes the Township Manager to
authorize an agreement with Timberline Manor, Inc. for snow
plow services on roads not yet accepted by the Township in
the Timberline Manor development. - A motion was made by Lasinski
to approve the resolution as presented, seconded by Hamilton.
All in favor. Motion carried.
Resolution
authorizing the Township Manager to execute an energy services
and supply agreement with first Energy Services Corp. of Akron,
Ohio for the period of January 2000 through May 2001.
WHEREAS,
the New Jersey Energy Discount and Energy Competition Act
was signed into law on February 9, 1999; and
WHEREAS,
the New Jersey Discount and Electric Discount and Energy Competition
Act provides for deregulation of energy supply within the
State of New Jersey and for the joint purchase of energy by
municipal and other governmental entities; and
WHEREAS,
in anticipation of the New Jersey Discount and Energy Competition
Act, the Township of Hardyston along with several other Sussex
County municipalities, the County of Sussex, the Sussex County
Municipal Utilities Authority and the Hardyston Township Municipal
Utilities Authority entered into agreement with Onsite Sycom
of Somerset, New Jersey to coordinate the joint energy bidding
process; and
WHEREAS,
Onsite Sycom is paid as a percentage of savings realized through
the joint bidding process with such payments made by the successful
bidder; and
WHEREAS,
bids were received by Onsite Sycom on behalf of the Township
of Hardyston and other governmental agencies in Sussex County
on November 8, 1999; and
WHEREAS,
First Energy Services Corporation of Akron, Ohio submitted
the sole bid; and
WHEREAS,
analysis of the bid submitted by First Energy Services Corporation
indicated a range in saving for participating governmental
entities of 9.5% to 11.5% with Hardyston Township's savings
calculated at 11% or approximately $1,400 annually.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby authorizes the Township Manager to
execute an energy services and supply agreement with First
Energy Services Corporation of Akron, Ohio for the period
January 2000 through May 2001 - A motion was made by Lasinski
to approve the resolution as presented, seconded by Hamilton.
All in favor. Motion carried.
Resolution
authorizing the combination of several bond ordinances for
various general improvements, authorizing the sale and issuance
of bond anticipation notes, in an aggregate amount not to
exceed $860,890 of the Township of Hardyston, in the County
of Sussex, New Jersey.
WHEREAS;
the Township adopted Bond Ordinance No. 98?03 on April 7,1998
which authorized $319,390 of bond or notes for various general
improvements pursuant to which $319,390 of Notes were issued
which mature January 25, 2000 (the "Prior Notes");
WHEREAS,
the Township adopted Bond Ordinance No. 99?07 on July 6, 1999
authorized $541,500 of bonds or notes for various general
improvements.
NOW THEREFORE,
BE IT RESOLVED BY THE GOVERNING BODY OF THE TOWNSHIP OF HARDYSTON,
IN THE COUNTY OF SUSSEX, NEW JERSEY, AS FOLLOWS:
Section
1. (a) Pursuant to N.J.S.A. 40A:2?8, the following amounts
of General Improvement Notes shall be issued at such dates
and in such amounts as is determined by the Chief Financial
Officer
and/or acting Chief Financial Officer in accordance with this
resolution:
a. Pursuant
to Bond Ordinance No. 98?03 Notes in the principal amount
of $319,390 to redeem the Prior Notes and for the purposes
stated therein.
b. Pursuant
to Bond Ordinance No. 99?7 Notes in the principal amount of
$541,500 for the purposes stated therein.
Section
2. Pursuant to the provisions of Section 40A:2?26 of the Local
Bond Law of New Jersey, particularly paragraph (f) thereof,
and in lieu of the sale of more than one (1) issue of bonds
or notes as provided for in said Local Bond Law, the issue
of bonds and notes of the Township authorized pursuant to
the Bond Ordinances of the Township herein above set forth
shall be combined into one (1) issue of Notes in the aggregate
principal amount of not to exceed $860,890.
Section
3. The following matters in connection with said Notes are
hereby determined:
(a) All
notes issued hereunder and any renewal thereof, shall mature
at such times as may be determined by the Chief Financial
Officer and/or acting Chief Financial Officer of the Township,
provided that any note issued pursuant hereto shall be issued
for a period not to exceed one (1) year, but all such notes,
including renewals, shall mature and be paid in accordance
with the Local Bond Law.
(b) All
notes issued hereunder shall bear interest at such rate or
rates as may be determined by the Chief Financial Officer
and/or acting Chief Financial Officer of the Township.
(c) The
notes shall be in a form as permitted by law and approved
by Bond Counsel, and issued pursuant to the Local Bond Law,
and any such notes or any renewal thereof, may be signed or
sealed by officers of the Township in any manner permitted
by Section 40A:2?25 of said Law notwithstanding what is otherwise
set forth herein.
Section
4. The Chief Financial Officer and/or acting Chief Financial
Officer of the Township is hereby authorized and directed
to deten?nine all matters in connection with said Notes or
any renewal thereof, not detennined by this or a subsequent
resolution and his/her signature upon said Notes shall be
conclusive as to such determinations.
Section
5. The Chief Financial Officer and/or Acting Chief Financial
Officer of the Township is hereby authorized to sell said
Notes or any renewal thereof, from time to time at public
or private sale in such amounts as he/she may determine at
not less than par value and to deliver the same from time
to time to the purchasers thereof upon receipt of payment
of the purchase price plus accrued interest from the dated
date of the Notes to the date of delivery thereof and payment
therefor.
Section
6. Any instrument issued pursuant to this resolution shall
be a general obligation of the Township, and the Township's
faith and credit are hereby pledged to the punctual payment
of the principal of and interest on said obligation and, unless
otherwise paid or payment provided for, an amount sufficient
for such payment shall be inserted in the budget and a tax
sufficient to provide for the payment thereof shall be levied
and collected.
Section
7. The governing body of the Township hereby covenants on
behalf of the Township to take any action necessary or refrain
from taking any action in order to preserve the tax exempt
status of the debt obligations authorized hereunder as is
required under the lntemal Revenue Code of 1986, as amended,
including compliance with said Code with regard to the use,
expenditure, investment, timely reporting and rebate of investment
earnings as may be required thereunder.
Section
8.This resolution shall take effect immediately.
A motion
was made by Hamilton to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
Resolution
authorizing the Township Manager to execute agreements with:
Guerin Engineering and Frohling, Hudak & Pellegrino: A
motion was made by Lasinski to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
Resolution
authorizing the reduction in the bonding amount for Timberline
Manor:
WHEREAS,
Timberline Manor, formerly Erricco Subdivision, received an
extension of preliminary major subdivision approval and preliminary
site plan approval from the Hardyston Township Planning Board
in May 1991 and
WHEREAS,
as part of the Planning Board approval they were required
to post performance bonds for improvements; and
WHEREAS,
they has posted a performance bonds in the following amounts:
Surety
Amount Cash Amount
$691,302.00 $69,004.20
in compliance
with the Planning Board approval and upon the recommendation
of the Township Engineer; and
WHEREAS,
Timberline Manor has requested a reduction in the bonding
amount due to substantial completion of improvements; and
WHEREAS,
the Township Engineer has reviewed the request of Timberline
Manor and has found substantial completion of improvements;
and
WHEREAS,
the Township Engineer has recommended the following reductions:
Surety
Amount Cash Amount
$181,175.94 $20,130.66
NOW THEREFORE
BE IT RESOLVED by the Hardyston Township Council that the
performance bonds and cash bonds be reduced in accordance
with the recommendation of the Township Engineer; and
A motion
was made by Lasinski to approve the resolution as presented,
seconded by Worflar. All in favor. Motion carried.
CORRESPONDENCE
LIST:
1. Resolution
- Vernon Township
2. Resolution - Jefferson Township
3. Resolution - City of Jersey City
4. Resolution - Franklin Borough
5. Resolution - Franklin Borough
6. Resolution - Andover Township
7. NJ State League of Municipalities
8. NJ State League of Municipalities
9. NJ State League of Municipalities
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. State of NJ - DEP
15. State of NJ - DEP
16. State of NJ - DEP
17. State of NJ - Division of Elections
18. State of NJ - Department of Health
19. New Jersey Senate
20. NJ Transit
21. NJBIA
22. Heritage Consulting Services
23. United States Census
24. COAH
25. Elizabethtown Gas
26. Rutgers
27. NJ Alliance for Action
28. Lewis Eisenberg
29. Governor's Office
30. Expo 2000
31. Rutgers
32. Marge Roukema
33. Family Federation
34. NJ Development Authority
35. Robert Maxam
36. NJN Public
37. NJ League of Municipalities
38. State of NJ - DEP
39. State of NJ - DEP
40. Heritage Consulting Services
41. NJ League of Municipalities
A motion
was made by Lasinski 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 Budget
Lake Stockholm Traffic Request
Senior Citizen Bus Service
2000 Goals
BILLS
TO BE PAID: A motion was made by Hamilton 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 Safety Office and intersections in
Lake Stockholm and the Goals for the Municipal Complex.
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
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