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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MAY 16, 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:

PRESENTATION: SENIOR CITIZENS OF THE YEAR - Awards were presented to Mr. & Mrs. Eisenecker.

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. Tax Collectors Report - April 2000
2. Construction Department Report - March 2000
3. Construction Department Report - April 2000
4. NJ Municipal Employee Benefit Fund Minutes - 3/24/00
5. Economic Development Committee Minutes - 3/6/00
6. Board of Health Minutes - 3/9/00
7. HTMUA Minutes - 3/8/00
8. Treasurers Report - March 2000
9. Statewide Ins. Fund Minutes - 4/13/00

Minutes: None
Licenses: Off Premise 50/50 - Birth Haven

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

ORDINANCES
1st READING: ORDINANCE 2000-10

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:

19-1.7 Tax Assessor

$25.00 Application fee for farmland application applications is hereby repealed.

This ordinance shall take effect after publication and passage according to law.

A motion was made by Lasinski to approve Ordinance 2000-10 on first reading, seconded by Kievit. All in favor. Motion carried.

ORDINANCE NO - 2000-11

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.

WHEREAS, by way of this ordinance, the Council of the Township of Hardyston hereby makes the changes to the Code as set forth herein.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Township of Hardyston that
SECTION 1. §13-9.8 entitled RESERVED is hereby amended to add the following new subsection in its stead.

Section 13-9.8 LOW AND MODERATE INCOME HOUSING

(a) PURPOSE. The purpose and intent of this section is to set forth regulations regarding low and moderate income housing units in the Township of Hardyston that are consistent with the provisions of N.J.A.C. 5:93 et seq. as effective on January 5, 1998, the Fair Housing Act of 1985 and the Township of Hardyston's constitutional obligation to provide for its fair share of low and moderate-income housing.

(b) DEFINITIONS. As used in this Article, the following terms shall have the meanings indicated.
LOW INCOME HOUSING - As defined in N.J.A.C. 5:93-1.3, low income housing means housing affordable according to the Federal Department of Housing and Urban Development or the standards included in N.J.A.C. 5:93-1 et seq. for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income equal to 50 percent or less of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by the New Jersey Council on Affordable Housing ("COAH").
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MAY 16, 2000.

MODERATE INCOME HOUSING - As defined in N.J.A.C. 5:93-1.3, moderate income housing means housing affordable according to the Federal Department of Housing and Urban Development or the standards included in N.J.A.C. 5:93-1 et seq. for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income in excess of 50 percent but less than 80 percent of the median gross household income for households of the same size within the housing region in which the housing is located, and which is subject to affordability controls promulgated by COAH.
(c) WRITE-DOWN/BUY-DOWN PROGRAM
(1). Pursuant to N.J.A.C. 5:93-5.11, up to 10 dwelling units, but no more than 25 percent of the Township's net inclusionary or new construction component (as finally determined by COAH as part of the Township's substantive certification) may be provided through the write-down/buy-down program.
(2). The Township shall provide at least $20,000 per dwelling unit to subsidize the cost of a buy-down unit and shall insure that the sales prices to low or moderate-income owners conform to N.J.A.C. 5:93-7.4.
(3). The determination as to whether a potential purchaser is "low or moderate-income" shall be determined in accordance with applicable COAH regulations and any other applicable State and Federal guidelines.
(4). Sales prices shall be based on the number of bedrooms in accordance with N.J.A.C. 5:93-7.4.
(5). Appropriate contractual arrangements shall be made between the Township and qualifying new homeowners for the write-down/buy-down of participating dwelling units. Such arrangements shall insure that the units have good, marketable and insurable title and are in sound condition, conforming to all Construction Code and Board of Health requirements.
(6). The Township shall maintain an up-to-date inventory of dwelling units that meet the requirements of the buy-down program.
(7). The Township shall qualify and place income eligible households in low or moderate-income units upon initial occupancy.
(8). The Township shall place a thirty-year deed restriction and mortgage lien on each participating dwelling unit in accordance with COAH regulations and shall qualify and place income eligible households in low or moderate-income units as they become available during the thirty-year of affordability control.
(9). The Township shall sponsor a home ownership-counseling program and post purchase session for prospective purchasers, and encourage the dispersal of participating dwelling units throughout the Township.
(10). The Township shall enforce the terms of the deed restriction and mortgage lien.
(11). The funds for the program shall come from a Housing Trust Fund established through the Township's Developer's Fee Ordinance.
(d) AFFORDABLE HOUSING DEVELOPMENT FEES
(1). Imposition of Fees
A). Mandatory participation. Any developer of residential property shall have the responsibility to participate in the Township's efforts to provide its fair share of lower income housing. Mandatory residential development fees shall be one-third of one (.033) percent of the equalized assessed value for residential development.
B). Optional participation
The Township of Hardyston may collect fees exceeding those permitted in this section for residential developments provided, however, that the Township of Hardyston enters into a voluntary, written agreement with a residential developer, and provided further that such written agreement sets forth a financial incentive that shall include, but not be limited to: a tax abatement, reduction in the development design standards, waiver of off-tract improvement requirements and/or waiver of certain fees for the residential site of the developer. No agreement may provide for an increased voluntary residential developer fee without also providing for a comparable offsetting financial incentive. All such agreements are subject to COAH approval.
(2). Collection of Fees
A). The following procedures shall be followed with respect to the collection of development fees:
(i). When a cash development fee is to be made in a sum determined by applying a percentage figure against the equalized assessed value of the property, the following rule shall apply: The value of the property shall be the equalized assessed value of each dwelling unit at the time of project completion or where feasible completion of the unit in question.
(ii). The developer shall pay fifty (50) percent of the calculated development fee, which is nonrefundable, to the Township of Hardyston prior to commencement of construction. The development fee shall be estimated by the Tax Assessor prior to the issuance of building permits based upon construction costs.
(iii). The developer shall pay the remaining fee to the Township of Hardyston at the issuance of certificate of occupancy. At the issuance of certificates of occupancy, the Tax Assessor shall calculate the equalized assessed value and the appropriate development fee. The developer shall be responsible for paying the difference between the fee calculated at the time of issuance of the certificate of occupancy and the amount paid at the time of issuance of the building permit.
(iv) Payments shall be certified check or bank money order to the Township of Hardyston and shall be deposited in a separate interest bearing housing trust fund account established by this ordinance.
B). Mandatory provisions relating to the application of funds payable to the Township of Hardyston Fair Share Housing Trust Fund. The following mandatory provisions required by COAH regulations are hereby made applicable to the Hardyston Township Fair Share Housing Trust Fund:
(i). The Township of Hardyston shall establish a separate interest bearing housing trust fund account for the purpose of receiving development fees from residential developers with a financial interest otherwise qualified for the investment of public funds at the time the account is established. The Township shall provide the financial institution with the written authorization required by N.J.A.C. 5:92-18.14 permitting COAH to direct disbursement of development fees pursuant to N.J.A.C. 5:92-18.17 and 18.18. All development fees paid by developers pursuant to this section shall be deposited in this account. No money shall be expended from this housing trust fund account unless the expenditure conforms to the municipal spending plan approved by COAH for the Township of Hardyston.

(ii). If COAH determines that the Township is not in conformance with COAH's development fee rules, COAH is authorized to direct the manner in which all development fees collected from developers shall be expended. Such authorization is pursuant to the Township of Hardyston Ordinance, COAH's rules on development fees and the written authorization from the Township Committee to the financial institution in which the housing trust fund is maintained.
(3). Use of Funds
A). The following mandatory provisions required by COAH regulations are hereby made applicable to that separate interest bearing housing trust fund account established in this ordinance.
(i). Money deposited in the separate interest bearing housing trust fund account may be used for any activity approved by COAH for addressing the Township of Hardyston's low and moderate income housing obligation. Such activities may include, but are not limited to: housing rehabilitation, new construction, regional contribution agreements, the purchase of land for low and moderate income housing, extension and/or improvements of roads and infrastructure to low and moderate income housing sites, assistance designed to render units to be more affordable to low and moderate income persons (such as the write-down/buy-down program) and administrative costs necessary to implement the Township of Hardyston's housing element. The expenditures of all money from that separate interest bearing housing trust fund account shall conform to a spending plan approved by COAH as per its regulation. The expenditure of all money from that separate interest bearing housing trust fund account may be expended with the approval of and resolution of the Township Committee in accordance with the regulations governing any expenditure of funds.
(ii). At least thirty (30) percent of the revenues collected shall be devoted to render units more affordable. Examples of such activities include, but are not limited to down payment assistance, low interest loans and rental assistance. This requirement may be waived in whole or in part when the Township demonstrates the ability to address requirements of affordability assistance form another source.
(iii). No more than twenty (20) percent of the revenues shall be expended on administrative costs necessary to develop, revise or implement the housing element. Examples of eligible administrative activities include: personnel, consultant services, space costs, consumable supplies and rental or purchase of equipment.
(iv). Development fee revenues shall not be expended to reimburse the Township for housing activities that preceded substantive certification.
(v). All interest accrued in the housing trust fund shall be used only on eligible affordable housing activity approved by COAH.

(4). Exemption and Partial Exemption from Development Fees
A). Developers of low and moderate income housing units shall be exempt from paying development fees.
B). Developers that have received preliminary or final approval prior to the effective date of this section shall be exempt from paying a development fee unless the developer seeks an extension of the statutory protection period against ordinance changes or a substantial change in the approval. Substantial changes may include, but are not limited to, a substantial alteration in the site layout, development density or types of uses within the development.
C). Emergency services shall be exempt from paying development fees.
D). Alterations/expansions to existing single-family residences, two-family residences, multi-family residences (including residences in mixed-use buildings) and/or permitted accessory structures shall be exempt from paying development fees.

(5). Continuing ability to collect and implement fees.
A). Pursuant to N.J.A.C. 5:92-8.18, if any of the conditions set forth below occur, COAH shall be authorized to direct the manner in which development fees shall be dispersed:
(i). Failure to submit a plan pursuant to N.J.A.C. 5:92-5.1(c) within the time limits imposed by COAH.
(ii). Failure to meet deadlines for information required by COAH in its review of a housing element, development fee ordinance, or plan for spending fees.
(iii). Failure to proceed through COAH's administrative process toward substantive certification in a timely manner.
(iv). Failure to address COAH's conditions for approval of a plan to spend development fees within the deadlines imposed by COAH.
(v). Failure to address COAH's conditions for substantive certification within the deadlines imposed by COAH.
(vi). Failure to submit accurate monitoring reports within the time limits imposed by COAH.
(vii). Failure to implement the plan to spend development fees within the time limits imposed by COAH, or within reasonable extensions granted by COAH.
(viii). Expenditure of development fees on activities not permitted by COAH.
(ix). Revocation of certification.
(x). Other good cause demonstrating that the revenues are not being used for the intended purpose.
B). Such revenues shall immediately become available for expenditure once COAH has notified the Township Clerk and Chief Financial Officer that such a condition has occurred. In furtherance of the foregoing, the Township shall, in establishing a bank account pursuant to N.J.A..C. 5:92-8.14 ensure that it has provided whatever express written authorization may be required by the bank to permit COAH to direct the disbursement of such revenues from the account following the delivery to the bank of the aforementioned written notification provided by COAH to the Township Clerk and Chief Financial Officer.
C). COAH may after a hearing pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1, et seq., revoke development fee ordinance approval if the Township fails to comply with the requirements of N.J.A.C. 5:92-8.1, et seq.
D). Neither loss of development fees, nor loss of the Township's ability to impose and collect development fees, shall alter its responsibilities pursuant to substantive certification.
(6). Monitoring
The Township of Hardyston shall complete and return to COAH all monitoring forms relating tot he collection of development fees, expenditures of revenues and implementation of the plan certified by COAH. Quarterly financial reports, annual program implementation reports, auditing reports and such other reports as required by COAH shall be on forms designed and designated by COAH.
(e) AFFIRMATIVE MARKETING PROGRAM
(1). The Township shall affirmatively market the write-down/buy-down program to all segments of the lower and moderate income population within the Northeast Housing Region and to all qualified low and moderate income households, irrespective of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation or number of children.
(2). The Township shall advertise the program in newspapers with general circulation in the urban areas of the Northeast Housing Region, as defined by COAH, such as the Newark Star Ledger, the Bergen Record, and the New Jersey Herald. The Sussex, Bergen, Passaic and Hudson County Planning Departments shall also be notified. The Township shall notify the housing agencies in the Northeast Housing Region of the availability of the write-down/buy-down program.
(3). Random selection of eligible applicants shall prevail.
(4). The Township shall prepare a progress report on an eighteen (18) month cycle from the date of substantive certification. These reports shall be made available to the public and filed with the Council on Affordable Housing. The report shall provide an analysis of the actual characteristics of the households occupying low and moderate income units compared to the occupancy preference set forth in COAH's rules and regulations pursuant to N.J.A.C. 5:92-15.1.
(5). Three (3) years and six (6) years from substantive certification, the Township shall prepare a summary report of their Affirmative Marketing Program. This report shall expand upon the previous progress reports by assessing the aggregate and up-to-date effectiveness of the program. If applicable, the Township shall recommend improvements to redress the record of occupancy preference to reflect the requirements of this section.
(6). If funding is received from the Department of Housing and Urban Development, the New Jersey Housing and Mortgage Finance Agency, the Department of Community Affairs or some other agency, the affirmative marketing regulations set forth in this section shall be revised to be in conformity with the requirements of that agency, unless inconsistent with COAH rules and regulations.
SECTION 2. Severability.
If any section, paragraph, subdivision, clause or provision of this ordinance shall be judged invalid, such adjudication shall apply only to that section, paragraph, subdivision, clause or provision, and the remainder of this ordinance shall be deemed valid and effective.
SECTION 3. Repealer.
All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
SECTION 4. Effective Date. This ordinance shall take effect within twenty (20) days of the date of adoption hereof.

A motion was made by Lasinski to approve Ordinance 2000-11 on first reading, seconded by Kievit. All in favor. Motion carried.


ORDINANCES: None
2ND READING:

NEW BUSINESS:

A. Tax Collectors Resolutions:

#1. WHEREAS , there appears on the tax records of the Township of Hardyston certain residents who have filed an appeal to the tax court for a tax overpayment: and

WHEREAS, the Collector of Taxes recommends the refund of such an overpayment
be made;

NOW, THEREFORE, BE IT RESOLVED that the proper officers be and they are
hereby authorized to issue checks refunding such overpayments as hereafter shown
below:

STATE COURT
BLOCK LOT NAME YR AMOUNT
62 34.01 FERRAIUOLO 98 5104.14

#2. WHEREAS, there appears on the tax records of the Township of Hardyston certain residents who have a tax overpayment; and

WHEREAS, the Collector of Taxes recommends the refund of such overpayments be made;

NOW, THEREFORE , BE IT RESOLVED that the proper officers be and they are hereby authorized to issue checks refunding such overpayments as hereafter shown
below:

BANK

BLOCK LOT NAME AMOUNT YR

60 5.05 TRANS-AMERICA 1625.71 00

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

B. Resolution authorizing the Township Manager to submit an applications to the New Jersey Department of Community Affairs and the County of Sussex:

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

Regional Efficiency Aid Program (REAP)
Supplemental Drug Alliance

A motion was made by Kievit to approve the resolution as presented, seconded by Lasinski. All in favor. Motion carried.
MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON MAY 16, 2000.

C. Police Chief Contract carried to the June meeting.

D. Resolution - Creation of Joint Tourism Committee with Vernon Township:

WHEREAS, the Township of Hardyston wishes to participate in a joint tourism committee with the Township of Vernon; and

WHEREAS, the Township of Hardyston and the Township of Vernon have established membership requirements for the Committee; and

WHEREAS, the Committee membership is outlined as follows:

1. One member of Vernon Township Chamber of Commerce
2. One Hardyston Township business person
3. Two agri?ecotourism business representatives (one from each township)
4. Two commercial recreation business representatives (one from each
township)
5. Two science/environmental industry representatives (one from each
township)

WHEREAS, members shall be appointed by each respective Township Council on an annual basis. The Committee shall serve on an ad?hoc basis at the pleasure of the Township Councils in Hardyston and Vernon; and

WHEREAS, the Tourism Committee meetings shall be determined by the Committee and such meeting shall take place on a rotating basis in each municipality. The Committee shall appoint a recording secretary from among the committee members to serve at not cost to the municipalities; and

AND WHEREAS, the Committee has established specific goals as follows:

1. Make recommendations on activities needed to promote tourism.

2. Make recommendations on properties that should be identified tourism
development

3. Comment on legislation that could affect tourism efforts.

4. Comment on local plans for projects involving tourism.

5. Seek out funding sources for tourism projects.

6. Develop suggestions for Vernon "Welcome Center" and State Tourism Office.

7. Provide suggestions for revenue opportunities

8. Develop inventory of local assets related to tourism.

9. Carry out approved fund raising efforts to promote tourism activities and projects.

NOW THEREFORE BE IT RESOLVED, by the Township Council of the Township of Hardyston that Hardyston Township hereby approves the creation of the joint Tourism Committee with the Township of Vernon.

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

E. Appointments - Joint Tourism Committee:

1. Jack Kurlander
2. Libby Herland
3. Bernard Glow
4. Marie Glow

A motion was made and seconded to approve the appointments as presented. All in favor. Motion carried.

F. RESOLUTION AUTHORIZING THE TOWNSHIP MANAGER TO PURCHASE MATERIALS THROUGH THE SUSSEX COUNTY PRICING COUNCIL

WHEREAS, the New Jersey Local Public Contracts Law (N.J.S.A.40A:1110) enables two or more of governing bodies, by agreement, to jointly purchase materials and services; and

WHEREAS, on March 1, 1994 the Hardyston Township Council renewed its membership in the Sussex County Cooperative Pricing Council, a cooperative effort of local Sussex County governments established under the provisions of N.J.S.A. 4OA:11-10, for a period of five years; and

WHEREAS, the County of Sussex, as lead Agency for the Sussex County Cooperative Pricing Council has advertised for salt, grits, fuel and lab services and;

WHEREAS, as a result of those bids, the attached bid awards were made by the County of Sussex on behalf of the Sussex County Cooperative Pricing Council.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to purchase materials from the list attached, awarded by the County of Sussex on behalf of the Sussex County Cooperative Pricing Council per attached list:

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

G. Liquor License Renewal:

WHEREAS, the following Liquor License is to be renewed effective June 30, 2000, for a one year period; and

WHEREAS, all necessary fees and documentation have been properly filed with the Municipal Clerk; and

NOW THEREFORE BE IT RESOLVED that the Liquor License shall be renewed for a period of one year effective June 30, 2000 for the following license holder.

Anthony Pignataro Corp. - License #1911-33-004-006

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

H. RESOLUTION AUTHORIZING THE TOWNSHIP MANAGER TO ADVERTISE BIDS FOR LEASE OF TOWNSHIP PROPERTY FOR AN ANTENNA STRUCTURE

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to advertise bids for the following:
1. Lease of Township property for an antenna structure.

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


I. CORRESPONDENCE LIST

1. State of New Jersey - DEP
2. State of New Jersey - Dept. of Labor
3. Borough of Sussex
4. Township of Vernon
5. Borough of Sussex
6. City of Jersey City
7. Borough of Branchville
8. Lafayette Township
9. SC League of Municipalities
10. SC League of Municipalities
11. County of Sussex
12. County of Sussex
13. County of Sussex
14. SC MUA
15. Hardyston School
16. NJ GASP
17. NJ Alliance for Action Inc.
18. Passaic River Basin News
19. Bret Schundler
20. NJ - DeP
21. March of Dimes
22. PMK Group
23. NJ State League of Municipalities
24. Jim Treffinger
25. NJN
26. Wallkill Valley HS
27. Construction Code Communicator
28. Grant and Carol Wilson
29. OTC
30. Statewide Ins. Fund
31. Expo 2000
32. Rutgers
33. Harold Pellow
34. SC MUA

A motion was made by Lasinski to approve the correspondence list as presented without 3, 14 and 34, seconded by Kievit. All in favor. Motion carried.

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

Wallkill Watershed Management Study
Emergency Management Grant
Bulky Waste Pickup Program
Police Department
Equipment Bids
Park Update
Summer Day Camp Registration
Municipal Code Update
Digitized Tax Maps
Newsletter
Web Site Upgrade
Hardyston Township First Aid Squad Request for Fee Waiver - A motion was made by Kievit to approve a waiver for fees and escrow fees for the First Aid Squad, seconded by Lasinski. All in favor. Motion carried. (Note - Mayor Ross stepped down for this discussion and did not vote)

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 Crystal Springs taxes, Wheatsworth road park and paving, Silver Grove Road bridge, shared services, blind driveway signs, and Senior Citizen Club.

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

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


ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk


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