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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON NOVEMBER 21, 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, 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 Court Report - September
2. Statewide Ins. Minutes - 9/14/00
3. Zoning Officers Report - September
4. Zoning Officers Report - October
5. Board of Health Minutes - 9/14/00
6. Rabies Clinics
7. Zoning Board Minutes - 9/7/00
8. Planning Board Minutes - 9/21/00
9. Planning Board Minutes - 9/28/00
10. Planning Board Minutes - 10/26/00
11. Shared Service Committee Minutes - 9/27/00
12. Sparta Animal Control - Quarterly Report
13. Police Department Report - October
14. Police Department Report - September
15. Municipal Court Report - October
16. North Jersey Municipal Employee Fund Minutes - 9/22/00
17. North Jersey Municipal Employee Fund Minutes - 10/27/00
18. Municipal Clerks Report - October

Minutes:
1. Regular Minutes of 10/17/00
2. Workshop Minutes of 10/24/00
3. Executive Session Minutes of 10/24/00

Licenses:

Trailer License Renewal - Elizabeth McDole

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

OLD BUSINESS:

ORDINANCES: NONE
1st READING:


ORDINANCES:
2ND READING: ORDINANCE 2000-18

AN ORDINANCE AMENDING CHAPTER 185, ZONIING,
OF THE CODE OF THE TOWNSHIP OF HARDYSTON

A motion was made by Lasinski to approve Ordinance 2000-18 on second reading, seconded by Kievit. Mayor Ross opened the meeting for a public hearing. No public participation. Meeting closed to the public. All in favor. Motion carried.

ORDINANCE 2000-19

AN ORDINANCE AMENDING CHAPTER 26, BOARD OF
HEALTH, OF THE CODE OF THE TOWNSHIP OF HARDYSTON

A motion was made by Lasinski to approve Ordinance 2000-19 on second reading, seconded by Worflar. Mayor Ross opened the meeting for a public hearing. No public participation. Meeting closed to the public. All in favor. Motion carried.


NEW BUSINESS:

A. TAX COLLECTORS RESOLUTIONS -

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

B. Resolution supporting proposed improvements to State Highway 94 in the Township of Hardyston:

WHEREAS, the New Jersey Department of Transportation has determined that certain improvements are needed to the storm drainage system along State Highway 94 in the Township of Hardyston near mile marker 36.6 south of the municipal boundary with Vernon Township; and

WHEREAS said improvements are necessary to improve safety conditions and improve the conveyance of storm water from and along State Highway 94; and

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

WHEREAS, the New Jersey Department of Transportation has consulted with the Township of Hardyston, Township of Vernon and area businesses and residents regarding the proposed drainage improvements along State Highway 94; and

WHEREAS, in response to, and as a result of, said meetings with the public the New Jersey Department of Transportation, in a letter dated October 17, 2000 to the Hardyston Township Manager, has directed their project consultant to consider alternatives to the detention basin proposed as part of the Route 94 storm water drainage system improvements.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby supports the storm water drainage system improvements to State Highway 94 as proposed by the New Jersey Department of Transportation; 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 and the Township of Vernon.

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


C. Resolution supporting Senate Bill 1714 and Assembly Bill 2863:

WHEREAS, many dams, lakes and streams throughout the State have been deteriorating at an alarming rate due to chronic lack of maintenance; and

WHEREAS, this deterioration has been exacerbated by the unusually heavy amounts of rainfall during the summer of 2000, particularly the storms occurring on August 12 and August 13, 2000; and

WHEREAS, federal, State and local resources have not adequately met the costs of remediating the sites and facilities affected by these conditions thereby leaving the public at risk; and

WHEREAS Senate Bill 1714 and its companion Assembly Bill 2863 would appropriate $135 million from the State of New Jersey's Surplus Revenue Fund to the New Jersey Department of Environmental Protection to provide substantial assistance to the Department's capital construction programs that address the repair and rehabilitation of dams, lakes and streams throughout the State.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby supports Senate Bill 1714 and Assembly Bill 2863 and urges the respective bodies of the New Jersey State Legislature to enact this legislation expeditiously; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Honorable Christine Whitman - Governer, the Honorable Robert Shinn - NJDEP Commissioner; the Honorable Robert E. Littell - Senator 24th District; the Honorable Guy Gregg, Assemblyman 24th District; the Honorable E. Scott Garrett - Assemblyman 24th District; the New Jersey League of Municipalities and all Sussex County municipalities.

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


D. Resolution - Wheatsworth Road resurfacing bid:

WHEREAS, bids for the resurfacing of Wheatsworth Road were advertised according to law in the New Jersey Herald; and

WHEREAS, bids for said purchase were opened at the Hardyston Township Municipal Building at 11:00 a.m. on Wednesday, November 15, 2000; and

WHEREAS, Tomaro Contracting Co. submitted the low bid as follows: $184,023.95; and

WHEREAS, bids have been reviewed by the Project Engineer and the Township Attorney; and

WHEREAS, the Township Treasurer has certified that adequate funds exist in the 2000 Municipal Budget for the award of bid to Tomaro Contracting Co.; and

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby awards the bid for the resurfacing of Wheatsworth Road in the amount of $184,023.95 to Tomaro Contracting Co.

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


E. Resolution - NJ Department of Community Affairs - Landfill grant application - A motion was made by Lasinski to approve the application for the land fill grant, seconded by Kievit. All in favor. Motion carried.


F. Resolutions to reduce bonds:

A motion was made by Ross to deny the reduction of bonds to K. Hovnanian, seconded by Lasinski. All in favor. Motion carried. A motion was made by Kievit to approve the resolutions for bond reductions for Stonehedge at Hardyston and Walden Village II, seconded by Worflar. All in favor. Motion carried.

1. Stonehedge at Hardyston - WHEREAS, the Hardyston Township Planning Board granted approvals to Stonehedge at Hardyston, and

WHEREAS, as part of the Planning Board approval Stonehedge at Hardyston was required to post a performance bond for public improvements; and

WHEREAS, Stonehedge at Hardyston has posted a performance bond in the amount of $158,328.00 for public improvement in compliance with the Planning Board approval and upon the recommendation of the Township Engineer; and

WHEREAS, Stonehedge at Hardyston has requested a reduction in the bonding amount due to substantial completion of public improvements; and

WHEREAS, the Township Engineer has reviewed the request of Stonehedge at Hardyston and has found substantial completion of public improvements; and

WHERAS, the Township Engineer has therefore recommended that the performance bond be posted as a $104,544.00 surety bond and 10 percent cash in the amount of $11,616.00.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that the performance bond for Stonehedge at Hardyston be reduced in accordance with the recommendation of the Township Engineer; and


2. Walden Village II - WHEREAS, the Hardyston Township Planning Board granted approvals to Walden Village II and

WHEREAS, as part of the Planning Board approval Walden Village II was required to post a performance bond for public improvements; and

WHEREAS, Walden Village II has posted a bond in the amount of $37,140.00 for public improvement in compliance with the Planning Board approval and upon the recommendation of the Township Engineer; and

WHEREAS, Walden Village II has requested a reduction in the bonding amount due to substantial completion of public improvements; and

WHEREAS, the Township Engineer has reviewed the request of Walden Village II and has found substantial completion of public improvements; and

WHERAS, the Township Engineer has therefore recommended that the cash bond remain as $11,142.00 and a refund of $25,998.00 be made to Walden Village II.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that the bond for Walden Village II. be reduced in accordance with the recommendation of the Township Engineer; and


G. Correspondence List:

1. Township of Hampton
2. City of Camden
3. Township of Wantage
4. Township of Andover
5. Township of South Brunswick
6. Township of Stillwater
7. Township of Stillwater
8. Township of Stillwater
9. Township of Vernon
10. Borough of Stanhope
11. Borough of Hamburg
12. Township of Hampton
13. Borough of Hopatcong
14. Borough of Hopatcong
15. County of Sussex
16. County of Sussex
17. County of Sussex
18. County of Sussex
19. NJ State League of Municipalities
20. NJ State League of Municipalities
21. NJ State League of Municipalities
22. NJ State League of Municipalities
23. NJ State League of Municipalities
24. NJ State League of Municipalities
25. NJ State League of Municipalities
26. NJ State League of Municipalities
27. NJ State League of Municipalities
28. NJ State League of Municipalities
29. Hardyston Recreation
30. William Starick
31. State of New Jersey - Dept. of Health
32. State of New Jersey - DCA
33. State of New Jersey - DEP
34. State of New Jersey - DOT
35. State of New Jersey - DCA
36. State of New Jersey - DCA
37. State of New Jersey - DCA
38. State of New Jersey - DCA
39. NJ Transit
40. NJ Transit
41. NJ Transit
42. Statewide Ins. Fund
43. Tobacco News
44. Stock Traders Alert
45. Jersey Professional Management
46. Wallkill Valley HS
47. Keep NJ Moving
48. jack Wagenti
49. NJN Newsline
50. Rutgers
51. Richard Clark, Esq.
52. Incentive Taxation
53. Visions
54. Assemblyman Guy R. Gregg
55. Wallkill Valley HS
56. GPU
57. COAH
58. High Ground
59. Digital Government
60. Digital Government
61. McRides
62. Communique
63. Radioactive Disposal Plan
64. Keep NJ Moving
65. NJ State Data Center
66. Tobacco Website
67. Conspectus
68. John Kraft, Esq.
69. Bear Resource Group
70. T & M Associates
71. Borough of South River
72. Keep NJ Moving
73. NJ Commerce
74. NJ HMO Report

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

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

Franklin Viaduct
Bear Management Resolution
Watershed Regulations
Route 23 Improvements
Grant Award Announcements
Newsletter - A motion was made by Kievit to give a $100 gift certificate to Terry Johnson for the excellent work on the newsletter, seconded by Worflar. All in favor. Motion carried.
December 5th Council Meeting - The Council requested that the meeting be moved to the Littell Community Center due to the meeting room being used for school elections.

BILLS TO BE PAID: A motion was made by Kievit to pay the bills as presented, seconded by Lasinski. 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 watershed meeting. No other public comment.

EXECUTIVE SESSION RESOLUTION: 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:

__X___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.

___X__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:_____Kievit___________________
Seconded by:_______Worflar____________________
Discussion____________


COMMITTPERSON YES NO ABSTAIN

Ross __x__ _____ _____
Kievit __x__ _____ _____
Lasinski __x__ _____ _____
Hamilton _____ _____ _____
Worflar __x__ _____ _____

Motion carried.

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 Lasinski. All in favor. Motion carried.


ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk


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