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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON JULY 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.

PRESENTATION: Skip Danielson from the Office of Emergency Management presented the Township Council with a check for $4,000.00.

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. HTMUA Minutes - 5/10/00
2. Franklin/Hardyston/Hamburg Shared Service Committee Minutes 4/19/00
3. Franklin/Hardyston/Hamburg Shared Service Committee Minutes 5/24/00
4. Treasurers Report - May 2000
5. Tax Collectors Report - June 2000
6. Statewide Insurance Fund - Minutes 5/11/00
7. Municipal Court Report - May 2000
8. HTMUA Minutes - 4/12/00
9. Police Department Report - May 2000
10. North Jersey Benefits Fund Minutes - 5/26/00
11. Statewide Insurance Fund - Minutes 6/15/00
12. Municipal Clerks Report - June 2000

Minutes:
1. Regular Minutes of 6/20/00
2. Special Meeting Minutes of 6/27/00

Resolutions: None

Licenses: None

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

ORDINANCES
1st 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.

Now therefore, be it ordained that The Indian Fields At Hardyston (Phase II) has filed a written consent with the Township of Hardyston that the provisions of Subtitle One of Title 39 of the revised statutes of New Jersey be made applicable to the semi?public roads, streets, driveways and parking lots at The Indian Fields At Hardyston (Phase II) located in the Township of Hardyston, County of Sussex and the following Regulations shall be enforceable:

REGULATION(s):

1. GENERAL PARKING:
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON JULY 18, 2000

A. All vehicles must park in designated areas and between the lines provided.

B. No person shall stop or stand a vehicle upon any of the streets or parts of streets described below:

NAME OF STREET SIDES HOURS LOCATION

All Roads Both All Entire Length

C. HANDICAPPED PARKING

All stalls shall be 12?foot wide as shown on the attached site plan and signed with the R7?8 and R7?8P (Reserved Parking Sign and Penalty Plate), in the designated parking areas for persons who been issued the Handicapped Parking Permits by the Division of Motor Vehicles.

2. THROUGH STREETS AND STOP INTERSECTIONS

A. THROUGH STREETS

The following streets or parts of streets are hereby designated as Through Streets. Stop signs shall be installed on the near right side of each street intersecting the Through Street except where Yield signs are provided for in the designation.

NAME OF STREET LIMITS

1. Forest Hillway Entire Length
2. Meadow Trail Entire Length

STOP INTERSECTIONS

The following described intersections are hereby designated as Stop Intersections. Stop signs shall be installed as provided therein.

INTERSECTION STOP SIGN(S) ON:

Sundance Terrace & Pale Star Court Pale Star Court

3. SPEED LIMITS

A. The speed limit for both directions of travel on the follow roadways are:

NAME OF ROADWAY MPH LIMITS

1. Forest Hill Way 25 Entire Length
2. All Other Roads 15 Entire Length


B. Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits authorized by the Department of Transportation.

4. TOW AWAY ZONES

Any vehicle parked or standing as to obstruct or impede a normal flow of traffic block entrances or exit ways, loading zones, oil fills, any grassy area pedestrian walkway, or present in any way a safety of traffic hazard may be removed by towing the vehicle at the owners or operator's expense.

That all signs, posts, or other necessary materials be installed and paid for by the applicant. All signing shall conform to the current Manual on Uniform Traffic Control Devices, pursuant to N.J.S.A. 39:4?198 and N.J.S.A. 39:4?183.27.

Unless another penalty is expressly provided for by the New Jersey Statute, every person convicted of a violation of this ordinance or any supplement thereto shall be liable to a penalty of not more than $ Or imprisonment for a term not exceeding 15 days or both.

EFFECT OF ORDINANCE

If any part of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of the Ordinance.

A motion was made by Worflar to approve Ordinance 2000-15 on first reading, seconded by Lasinski. All in favor with Worflar abstaining. Motion carried.

ORDINANCES:
2ND READING
: ORDINANCE NO. 2000-12

ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HARDYSTON AMENDING SECTION 13?5.8b.2 ENTITLED "INSTITUTIONAL AND PUBLIC USES OF SECTION 13?5.8" ENTITLED "REGULATIONS GOVERNING CONDITIONAL USES OF CHAPTER 13 ENTITLED "ZONING OF THE CODE OF THE TOWNSHIP OF HARDYSTON"

A motion was made by Kievit to open the meeting for a public hearing, seconded by Worflar. All in favor. Motion carried. No public participation. A motion was made by Lasinski to close the meeting to the public, seconded by Hamilton. All in favor. Motion carried. A motion was made by Kievit to approve Ordinance 2000-12 on second reading, seconded by Worflar. All in favor. Motion carried.

ORDINANCE NO. 2000-13

ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF HARDYSTON AMENDING THE CODE OF THE TOWNSHIP ENTITLED "ZONING" TO SET FORTH REGULATIONS REGARDING LOW AND MODERATE INCOME HOUSING UNITS AND ESTABLISH DEVELOPMENT FEES.

A motion was made by Kievit to open the meeting for a public hearing, seconded by Worflar. All in favor. Motion carried. No public participation. A motion was made by Lasinski to close the meeting to the public, seconded by Hamilton. All in favor. Motion carried. A motion was made by Kievit to approve Ordinance 2000-13 on second reading, seconded by Hamilton. All in favor. Motion carried.


ORDINANCE 2000-14

AN ORDINANCE ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF THE TOWNSHIP OF HARDYSTON, COUNTY OF SUSSEX, STATE OF NEW JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN; ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES.

A motion was made by Lasinski to open the meeting for a public hearing, seconded by Worflar. All in favor. Motion carried. No public participation. A motion was made by Lasinski to close the meeting to the public, seconded by Hamilton. All in favor. Motion carried. A motion was made by Kievit to approve Ordinance 2000-14 on second reading, seconded by Worflar. All in favor. Motion carried.

NEW BUSINESS:

A. RESOLUTION TO AUTHORIZE PAYMENT OF REDEMPTION

WHEREAS, on June 9, 1998 Gisela Boltzer, Collector of Taxes, sold at public Sale Tax Lien for delinquent municipal liens on premises known as

Block 16 Lot 14.07 to FUNB CT/MD SASS 11 (2) 765 Broad Street, Newark, New Jersey 07102

WHEREAS; the Collector will receive redemption of said lien on July 25, 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 #9821 in the sum of $ 29, 136.96 provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.


B. RESOLUTION BY RIDER:
WHEREAS N.J.S.A. 40A:4?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 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, the Director may also approve the insertion of any item of appropriation for an equal amount,

WHEREAS, the Township of Hardyston has additional revenue due to approval of a new golf course community and the hiring of two additional inspectors and wishes to amend its 2000 Budget to include this amount as revenue,

NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Township of Hardyston hereby requests the Director of the Division of Local Government Services to approve the insertion of an

item in the budget of the year 2000 in the sum of $11,306.00
which is now available as a revenue from:

BE IT FURTHER RESOLVED that a like sum of $11,306.00 be and the same is hereby appropriated under the caption of:

General Appropriations

Code Enforcement and Administration:

Sub?Code Officials N.J.S.A. 52:27D?120, et. seq.
Building Inspector
Other Expenses ? Contractual with Borough of Franklin

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 Lasinski to approve the resolution as presented, seconded by Kievit. All in favor. Motion carried.

C. Resolution authorizing the Township Manager to execute the amended interlocal agreement with Borough of Hamburg and Borough of Franklin - Construction Department. - Resolution authorizing the Township Manager to execute the following contracts/ leases/ interlocal agreements/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, and the Borough of Hamburg- Amended Construction Department Interlocal Agreement.

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

D. Licenses - 2000 Soil Removal:
1. Ferraiuoli Jr. & Sons, Inc.
2. Anton Pilz
3. Shotmeyer Bros. Inc.
4. Sussex National Development Corporation.

A motion was made by Worflar to approve the licenses as presented, seconded by Hamilton. All in favor with Lasinski abstaining on #4. Motion carried.

E. Resolution waiving the testing requirement for the Captain's position currently vacant in the Hardyston Township Police Department.

WHEREAS, Article III, Section 1B., Police Promotions, of the Hardyston Township Personnel Policy and Procedures Manual requires a written examination, psychological evaluation, an oral interview and a work record review prior to promotion to the position of Captain with the Hardyston Township Police Department; and

WHEREAS, on June 28, 2000, in accordance with Article III, Section 1B of the Personnel Policy, all police personnel were notified of the vacancy in the position of Captain with the Police Department and given fourteen (14) days to respond with their intent to apply for said position; and

WHEREAS, only one eligible Police Department employee has returned the required notification of intent to apply for the position of Captain; and

WHEREAS, the written examination requirement for promotion to the position to of Captain is used as a tool to compare eligible candidates for promotion.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it does hereby waive the written test requirement for the promotion to the vacant Captain's position noticed, in accordance with the Township Personnel Policy and Procedures Manual, on June 28, 2000; and

BE IT FURTHER RESOLVED that this waiver applies only to the June 28, 2000 notice for the position of Captain and is not intended to waive said requirement for any other promotion or appointment; and

BE IT FURTHER RESOLVED that this waiver is for the written examination and psychological evaluation requirement only and does not apply to any other requirement of the Police promotional procedure.

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

F. Resolution - 2000 salary and wages for Township Officials and Employees.

BE IT RESOLVED by the Hardyston Township Council that the annual salaries and wages effective January 1, 2000 shall be paid as follows:

Summer Art Director $1,200.00

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

G. Resolution of Hardyston Township Council opposing Senate Bill 2-58 which would eliminate workers compensation benefits for volunteer who are retired or who are temporarily unemployed.

WHEREAS, Senate Bill No. 258 amending R.S. 34:15?75 proposes to calculate compensation for injury or death of volunteer Firemen. marshals. First aid workers and other specified volunteers' weekly salary or compensation of their regular employment, if any and

WHEREAS, the present law provides these persons with the maximum compensation when injured as a volunteer. whether employee's or not: and

WHEREAS, volunteers who are retired or who are temporarily unemployed will not be entitled to receive any workers' compensation benefits should they be injured or killed while in the line duty; and

WHEREAS, it is obviously a tremendous asset to a Municipality, such as Hardyston Township to have available trained volunteers who perform a well?recognized and extremely important function for its residents and communities in Sussex County.

NOW, THEREFORE, BE IT RESOLVED by the Township Council of the Township of Hardyston, County of Sussex, State of New Jersey that notice be given to our State Legislators that the Township of Hardyston strongly opposes the passage of Senate Bill No. 258, and

BE IT FURTHER RESOLVED that certified copies of this Resolution be sent to our State Legislators and all Sussex County municipalities.

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

H. Resolution supporting proposed improvements State Highway 23 in the Township of Hardsyton.

WHEREAS, the New Jersey Department of Transportation has determined that certain improvements are needed to, and along, State Highway 23 in the Township of Hardyston from the West Milford Township municipal boundary to the Franklin Borough municipal boundary; and

WHEREAS said improvements are necessary to improve safety conditions and improve traffic flow along State Highway 23; and

WHEREAS, details of said improvements can be found in drawings prepared by the New Jersey Department of Transportation dated February 2000; and

WHEREAS, the New Jersey Department of Transportation has consulted with the Township of Hardyston, the County of Sussex and area businesses and residents regarding the proposed improvements to State Highway 23; and

WHEREAS, several modifications to the New Jersey Department of Transportation plans dated February 2000 have been proposed by the Township and the public including:

1. the addition of a right turn lane on Holland Mountain Road at the intersection of State Highway 23;

2. the extension of the proposed center turn lane to the intersection of State Highway 23 and East Shore Trail at Summit Lake;

3. reconsideration of certain road openings and parking configurations created by the expansion of the current State right of way.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby supports the improvements to State Highway 23 proposed by the New Jersey Department of Transportation found in plans dated February 2000 subject to the modifications noted above; and

BE IT FURTHER RESOLVED that the Township Council urges the New Jersey Department of Transportation to expedite planning and funding of this project in the interest of public safety; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Honorable James Weinstein - NJDOT Commissioner, the Honorable Robert E. Littell - Senator 24th District, the Honorable E. Scott Garrett - Assemblyman 24th District, the Honorable Guy Gregg - Assemblyman 24th District, the Sussex County Board of Chosen Freeholders and the Sussex County Chamber of Commerce Transportation Integration Effort (T.I.E.) Committee.

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

I. Resolution authorizing the Township Manager to submit a grant application to the County of Sussex - Drug Alliance.

BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to apply to the County of Sussex for the following:

Drug Alliance Grant

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

J. Resolution supporting the Township of Wantage's application for State Aid for the reconstruction of Blair Road and urging the County of Sussex to end the moratorium on the takeover of local roads.

WHEREAS, Grumm Road in the Township of Hardyston is incorporated within the Sussex County Highway system as County Route 673 which currently terminates at the Wantage Township border with Blair Road; and

WHEREAS, the extension of County Route 673 to include Blair Road would complete the connection of County Route 661 to State Highway 94 via County Route 673; and

WHEREAS, the Township of Wantage has made application to the New Jersey Department of Transportation for State Aid funds to reconstruct Blair Road to standards that would allow the County of Sussex to incorporate Blair Road as part of County Route 673; and
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON JULY 18, 2000.

WHEREAS, said improvements to Blair Road would

1. Enhance school bus access to Wallkill Valley Regional High School serving the Boroughs of Franklin, Ogdensburg, Hamburg and the Township of Hardyston

2. Enhance emergency services access to Wallkill Valley Regional High School and to local residents.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it supports the Township of Wantage's application to the New Jersey Department of Transportation for State Aid to reconstruct Blair Road; and

BE IT FURTHER RESOLVED that the Township Council urges the Sussex County Board of Chosen Freeholders to lift the moratorium on takeovers of local roads to allow the incorporation of the reconstructed Blair Road into the County highway system and to allow additional local roadways meeting County standards to be incorporated into the system; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the NJDOT Commissioner James Weinstein, the Honorable Robert E. Littell - Senator 24th District, the Honorable E. Scott Garrett - Assemblyman 24th District, the Honorable Guy Gregg, Assemblyman 24th District, the Sussex County Board of Chosen Freeholders, the Wantage Township Council, the Franklin Borough Council, the Hamburg Borough Council, the Ogdensburg Borough Council, the Wallkill Valley Regional Board of Education and the Boards of Education of Hardyston Township, Franklin Borough, Hamburg Borough and Ogdensburg Borough.

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

K. REGIONAL EFFICIENCY DEVELOPMENT INCENTIVE (REDI) PROGRAM - PARTICIPANT'S RESOLUTION FOR IMPLEMENTATION

WHEREAS, the Governing Body of Franklin Borough and Hardyston Township have agreed to apply for Regional Efficiency Development Incentive (REDI) assistance through the State of New Jersey REDI Program in the amount of $26,947.00; and,

WHEREAS, the Franklin Borough has agreed to be the lead agency in this endeavor; and

WHEREAS, the State of New Jersey has made Regional Efficiency Development Incentive assistance available to assist local units study, develop and implement new shared and regional services; and

WHEREAS, the purpose of this grant is to promote shared services between our local units through the sharing of Tax Collection Services that would be beneficial to both local units; and

WHEREAS, the Township of Hardyston agrees to execute an Interlocal Services Agreement or an agreement as authorized by N.J. S.A. 18A with the Borough of Franklin in order to implement the Tax Collection Services.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Township of Hardyston
does hereby join with the Borough of Franklin in applying for a grant for the purpose of
implementing Tax Collection Services.

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


L. Resolution amending the Township Personnel Policy and Procedures Manual to amend Article VIII, Section 7, use of Township Property. The Manager requested that this matter be tabled to a future meeting.

M. Resolution to abate interest for taxes for the August 2000 tax quarter.

WHERAS, THE SUSSEX COUNTY TAX BOARD approved the 2000 tax rate on July 18, 2000 for Hardyston Township.

WHEREAS, the collector of taxes is unable to have the bills printed and mailed to the owners of record until sometime during the month of August ;

NOW, THEREFORE BE IT RESOLVED, the collector recommends the interest be abated for the August 1, 2000 tax quarter until 25 days after the mailing of said bills.

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

N. Resolution - release of bond for Bally Bunion Golf USA

WHEREAS, Bally Bunion Golf, USA, Inc. received preliminary major subdivision approval and preliminary site plan approval from the Hardyston Township Planning Board for the Bally Owen Golf Club; and

WHEREAS, as part of the Planning Board approval they were required to post performance bonds for public improvements; and

WHEREAS, they has posted a performance bonds in the following amounts:

Area Surety Amount Cash Amount Total Bond Amount
Ballyowen $49,080.00 $4,908.00 $53,988.00

in compliance with the Planning Board approval and upon the recommendation of the Township Engineer; and

WHEREAS, Bally Bunion, USA, Inc. had requested a reduction in the bonding amount due to substantial completion of public improvements; and

WHEREAS, the Township Engineer had reviewed the request of Bally Bunion and had found substantial completion of public improvements in the Ballyowen Golf Club; and

WHEREAS, the Township Engineer had recommended the following reductions:

Area Surety Amount Cash Amount Total Bond Amount
Ballyowen $17,766.00 $1,974.00 $19,740.00

WHEREAS, Bally Golf Club has now requested relief from said bond and the Township Engineer has reviewed the request and has no engineering objection to releasing the aforesaid bonds.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that the performance bonds and cash bonds be released in accordance with the recommendation of the Township Engineer; and

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

O. Correspondence List

1. County of Sussex
2. Sussex County Chamber of Commerce
3. Sussex County Economic Development Partnership
4. County of Sussex
5. NJ State League of Municipalities
6. NJ State League of Municipalities
7. NJ State League of Municipalities
8. Council on Affordable Housing
9. NJ Department of Health & Senior Services
10. NJ Division of Ratepayer Advocate
11. NJ - DEP
12. NJ - Department of Law and Public Safety
13. NJ - DEP
14. NJ - DEP
15. NJ State League of Municipalities
16. Borough of Hamburg
17. Township of Fredon
18. Township of Fredon
19. Township of Hamburg
20. Borough of Andover
21. Borough of Andover
22. Borough of Andover
23. Borough of Andover
24. Borough of Andover
25. Lafayette Township
26. Borough of Franklin
27. Township of Sparta
28. Township of Green
29. Borough of Hamburg
30. Township of Jefferson
31. Township of Jefferson
32. Township of Fredon
33. NJ - Office of the Governor
34. Project Safety
35. NJ - GASP
36. High Ground
37. Robert E. Littell
38. NIDA Notes
39. NJ Environmental Infrastructure Trust
40. American Heart Assoc.
41. US Department of Education
42. NJN
43. Navigator Golf
44. Jack Wagenti
45. Township of Hardyston
46. Scenic News & Views
47. Steven Smith
48. NJ Pipeline
49. Lake Stockholm
50. Spanning the Gap
51. Opinion Poll


A motion was made by Kievit to approve the correspondence list as presented without numbers 14 and 37, seconded by Lasinski. All in favor. Motion carried.

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

Police Athletic League
Thermal Imaging Camera
Bulky Waste Pick up Program
Landfill EIC

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. 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 Kievit. All in favor. Motion carried.


ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk



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