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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MARCH 6, 2001.

The meeting was called to order by Mayor Lasinski 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 Ross, Councilman Armstrong, 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: None

Minutes: None

Licenses: None


ORDINANCES
1st READING: 2001 - 03

AN ORDINANCE TO AMENDING CHAPTER 172,
VEHICLES AND TRAFFIC, OF THE CODE OF THE TOWNSHIP OF HARDYSTON

BE IT ORDAINED by the Township Council of the Township of Hardyston that Chapter 172, Vehicles and Traffic, of the Code of the Township of Hardyston be amended as follows:

1. Article II -Traffic, Section 172-18 - Through Streets be amended to include

Name of Street Limts
Lake Stockholm Terrace Entire Length
Lakeside Avenue Entire Length
Maple Avenue Entire Length
Maplewood Lane Between Summit Road and Maple Avenue

2. Article II - Traffic, Section 172-19 - Stop Intersections be amended to include

Intersection Stop Sign On
Maplewood Lane & Summit Road Maplewood Lane
Glen Avenue & Maplewood Lane Maplewood Lane

3. Article II - Traffic, Section 172-27 - Speed Limits be amended to include

Name of Street Direction Speed Location
Lake Stockholm Terrace Both 25 MPH Entire Length
Hillside Avenue Both 25 MPH Entire Length
Glen Avenue Both 20 MPH Entire Length
Maple Avenue Both 20 MPH Between Lake Stockholm Terrace and
Glen Avenue
15 MPH Between Glen Avenue and end of roadway
Lakeside Avenue Both 15 MPH Between the southernmost jurisdiction of the Township and 525 feet south of Orchard Street
20 MPH Between 525 feet south of Orchard Street and Lake Stokcholm Terrace
Grandview Avenue Both 15 MPH Entire Length
Mountainside Avenue Both 15 MPH Entire Length
Fernwood Avenue Both 15 MPH Entire Length
Orchard Street Both 15 MPH Entire Length
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MARCH 6, 2001.

Fairview Avenue Both 15 MPH Entire Length
Summit Road Both 15 MPH Entire Length
Maplewood Lane Both 15 MPH Entire Length
North Woods Trail Both 15 MPH Entire Length
Maple Tree Road Both 10 MPH Entire Length

A motion was made by Kievit to approve Ordinance 2001-03 on first reading, seconded by Hamilton. All in favor. Motion carried.

ORDINANCES: None
2ND READING:

NEW BUSINESS:

A. Resolution authorizing the Township Manager to execute the following contract: Ferraioli, Wielkotz, Cerulli & Cuva.

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

B. Resolution rejecting bids for the Wheatsworth Road Park Imporvements - Parking Areas & Walking/Nature Path Project:

WHEREAS, on February 20, 2001 bids were opened for the "Wheatsworth Road Park Improvements - Parking Areas and Walking/Nature Path" project in accordance with the New Jersey Local Public Contracts Law; and

WHEREAS, three bids were received; and

WHEREAS, Hardyston Paving, Inc. of Hardyston, New Jersey submitted the low bid of $99,584.50; and

WHEREAS, on February 21, 2001 the Hardyston Township Council awarded bid to Hardyston Paving subject to the review of all bids by the Township Attorney; and

WHEREAS, the Hardyston Township attorney has reviewed bids and determined that Hardyston Paving, Inc. failed to provide a Consent of Surety as required by the Township's bid specification; and

WHEREAS, the Township Attorney has also found that failure to submit a Consent of Surety is a material defect that cannot be waived and cannot be cured; and

WHEREAS, all bids submitted exceed the Township Engineer's project cost estimates; and

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township Council that it hereby rejects all bids submitted February 20, 2001 for the Wheatsworth Road Park Improvement - Parking Areas and Walking/Nature Path project; and

BE IT FURTHER RESOLVED that the Township Manager and Township Clerk are hereby authorized to re-advertise bids for said project.

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

C. RESOLUTION OPPOSING THE ADOPTION OF SUBCHAPTER 6 OF THE PROPOSED NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION 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 Hardyston Township Council has voiced its opposition to the proposed Rules in Resolutions dated August 15, 2000 and September 19, 2000 (attached to, and made part of, this Resolution); and

WHEREAS, the New Jersey Department of Environmental Protection has announced its intention to adopt Subchapter 6 of the proposed Watershed Management Rules on March 20, 2001; and

WHEREAS, Subchapter 6 would require Wastewater Management Plan amendments for all residential development of more than five lots and all commercial development over 16,000 square feet; and

WHEREAS, the New Jersey Department of Environmental Protection has failed to specify the criteria by which Wastewater Management Plan amendments will be reviewed; and

WHEREAS, the process of securing a Wastewater Management Plan amendment, even under current guidelineS, can take two years or more; and

WHEREAS, the practical effect of the implementation of Subchapter 6 will be to stop all growth within Sussex County in areas not served by central sanitary sewer systems.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it continues to oppose the adoption of the Watershed Management Rules proposed by the New Jersey Department of Environmental Protection on July 3, 2000; and

BE IT FURTHER RESOLVED, that the Council also opposes the adoption of Subchapter 6 of the Watershed Management Regulations as recently proposed by the New Jersey Department of Environmental Protection and urges Acting Governor DiFrancesco to postpone adoption of this Subchapter 6 until such time as the New Jersey State Legislature can determine the economic and environmental costs and benefits of this regulation; and

BE IT FURTHER RESOLVED that copies of this Resolution (with attachments) shall be forwarded to the Honorable Donald DiFrancesco - Acting 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, The Sussex County Chamber of Commerce and the New Jersey League of Municipalities.

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

D. Resolution authorizing the Township Manager to sign the Statement of Consent re: Ballyowen Golf Course:

WHEREAS the Ballyowen Golf Club USA, Inc., the developers of Ballyowen Golf Club have filed plans with the Hardyston Township Planning Board to convert an existing storage building to an office building on Lot 24.01, Block 62 in Hardyston Township for use in conjunction with the Ballyowen Golf Club; and

WHEREAS the proposed office use is permitted in the I-2 Medium Industrial Zone which encompasses the site of the proposed conversion; and

WHEREAS the Township Council, realizes this application for conversion of the storage building to an office building will require approval of the Hardyston Planning Board and does not take any position regarding the merits of the aforesaid application based on this resolution; and

WHEREAS, a sewer extension permit is required in order to construct the proposed septic system due to the fact that conversion of the storage building to an office building will increase the total discharge to groundwater from the subject property to above 2000 gallons per day; and

WHEREAS the governing body of the Township of Hardyston is in general agreement with the need for the sewer extension permit if the Hardyston Planning Board approves the application for conversion of the storage building to an office building.

NOW THEREFORE BE IT RESOLVED by the Governing Body of Hardyston Township at a meeting held on March 6, 2001, that John Eskilson, Township Manager be authorized to sign the Statement of Consent by Governing Body for a sewer extension permit for the installation of the septic system which will be needed for the conversion of the storage building to an office building
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MARCH 6, 2001

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


E. Correspondence List

1. New Jersey General Assembly
2. State of New Jersey - Div. of Ratepayer Advocate
3. County of Sussex
4. NJ State League of Municipalities
5. NJ State League of Municipalities
6. NJ State League of Municipalities
7. Resolution - Borough of Sussex
8. Township of Wantage
9. Resolution - Vernon Township
10. Resolution - Jefferson Township
11. Duplicate
12. Township of Jefferson
13. Resolution - Borough of Hamburg
14. NJ DEP
15. Vernon Public Schools
16. Speak Out
17. Upper Delaware Watershed Management Project
18. NJ Jackals
19. Washington Update
20. NJ Future
21. United States Department of Commerce
22. Resolution - Borough of Hamburg
23. Resolution - Borough of Stanhope
24. Resolution - Borough of Stanhope
25. Emergency Management Council

A motion was made by Ross to approve the correspondence list as presented without numbers 8, 9, 10, 11, and 22, seconded by Kievit. All in favor. Motion carried.

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

State Highway 23
Shared Services Network Management

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. The public commented on the Sparta Animal Pond and complimented the DPW on their work.

EXECUTIVE SESSION: WHEREAS, NJSA 10:4-12 allows for a Public body to go into closed session during a Public meeting, and

WHEREAS, the Township Council of the Township of Hardyston has deemed it necessary to go into closed session to discuss certain matters which are exempted from the Public.

WHEREAS the regular meeting of this council will reconvene.

NOW THEREFORE BE IT RESOLVED, that the Township Council of Hardyston Township will go into closed session for the following reason as outlined in NJSA 10:4-12:

_____Any pending or anticipated litigation or contract negotiation in which the public body is or may become a party. Any matters falling within the attorney client privilege, to the extent that confidentiality is required in order for the attorney to exercise his ethical duties as a lawyer.


_____Any matter involving the employment, appointment, termination of employment, terms and conditions of employment, evaluation of the performance of, promotion or disciplining of any specific prospective public officer or employee or current public officer or employee employed or appointed by the public body, unless all the individual employees or appointees whose right could be adversely affected request in writing that such matter or matters be discussed at a public meeting.

Motion to adopt:_____Ross___________________
Seconded by:_______Armstrong____________________
Discussion_________________


COMMITTEEPERSON YES NO ABSTAIN

Ross __x__ _____ _____
Kievit __x__ _____ _____
Lasinski __x__ _____ _____
Hamilton __x__ _____ _____
Armstrong __x__ _____ _____

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

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


ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk

 


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