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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON OCTOBER 17, 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. Treasurers Report - August 2000
2. Minutes - Joint Recreation Committee - 7/26/00
3. Minutes - Shared Service Committee - 8/23/00
4. Municipal Clerk Report - September 2000
5. Statewide Insurance Minutes - 9/14/00
6. Construction Department Report - September 2000
7. Construction Department Report - June 2000
8. Police Department Report - August 2000

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

Licenses:
1. St. John Vianney - Christmas Raffle

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

OLD BUSINESS:

ORDINANCES: ORDINANCE 2000-19
1st READING: An Ordinance amending Chapter 26, Board of Health, of the Code of the Township of Hardyston.

BE IT ORDAINED by the Township Council of the Township of Hardyston that Chapter 26, Board of Health, Section 26-1, Establishment, of the Code of the Township of Hardyston shall be repealed in it entirety and replaced as follows:

26-1. Establishment

There shall be a Board of Health of the Township of Hardyston consisting of five members.

A motion was made by Kievit to introduce Ordinance 2000-19, seconded by Worflar. All in favor. Motion carried.

ORDINANCES: None
2ND READING:

NEW BUSINESS:

A. Resolution authorizing change order for Big Spring Road Project: BE IT RESOLVED by the Township Council of the Township of Hardyston that Change Order #1 for Big Spring Road project is hereby approved as follows:

1. As built quantities
2. Excess rock encountered during installation of storm sewers
3. Extra excavation behind curb.
4. Replace existing deteriorated storm sewer pipe and inlet

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

B. Resolution supporting the Lake Tamarack Association's application to the State of New Jersey for Low interest loan funds to upgrade the Lake Tamarack Dam and urging the New Jersey Department of Environmental Protection to expedite the Association's application in the interest of public safety.

WHEREAS, the Lake Tamarack dam in the Township of Hardyston is designated as a high hazard dam by the New Jersey Department of Environmental Protection; and

WHEREAS, the storm event of August 2000 stressed the limits of the Tamarack dam and placed downstream residents in a potentially threatening situation; and

WHERAS, the Lake Tamarack Association has diligently proceeded with plans to upgrade the Tamarack dam in accordance with New Jersey Department of Environmental Protection standards; and

WHEREAS, said improvement will insure a continued quality of life in the Tamarack community and will protect the safety of lives and property downstream of the Tamarack dam; and

WHEREAS, the Lake Tamarack Association is in the final stages of applying to the State of New Jersey for a $150,000 low interest loan to complete the improvements and upgrades to the Lake Tamarack dam; and

WHEREAS, said State loan program requires a loan co-signature by the municipal government in which the proposed dam project is located; and

WHEREAS, it is the intention of the Township of Hardyston to enter into a Co-borrower agreement with the Lake Tamarack Association to allow the municipal government to co-sign said State loan while protecting the financial interests of the balance of the Hardyston community.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston as follows:

1. The Township Council supports the Lake Tamarack Association application to the State of New Jersey for $150,000 in low interest loan funds to upgrade the Lake Tamarack dam.

2. The Township Council states its intention to enter into a Co-borrower agreement with the Lake Tamarack Association to allow the municipal government to act as co-signer of said low interest loan from the State of New Jersey to the Lake Tamarack Association.

3. The Township Council urges the State of New Jersey to provide funding for this project and for the New Jersey Department of Environmental Protection to expedite processing of the Association's loan application in the interest of public safety.

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Lake Tamarack Association, the Honorable Robert Shinn - NJDEP Commissioner, the Honorable Robert E. Littell - Senator 24th District, the Honorable E. Scott Garrett - Assemblyman 24th District, the Honorable Guy Gregg - Assemblyman 24th District
A motion was made by Kievit to approve the resolution as presented, seconded by Worflar. All in favor. Motion carried.

C. Resolution waiving construction department fees for the Samaritan Masonic Temple: WHEREAS, the Samaritan Masonic Temple are the owners of property located at Route 94, in the Township of Hardyston; and

WHEREAS, Section 19-1.3k of the Revised General Ordinances of the Township of Hardyston provides for the waiver of fees for various reasons.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that construction department fees for the replacement of the roof be waived; and

BE IT FURTHER RESOLVED in accordance with Section 19-1.3k, no professional review, or escrow fees shall be waived; and

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the Hardyston Township Construction Department.

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

D. Resolution authorizing a public auction for personal property that is not needed for public use: BE IT RESOLVED that pursuant to N.J.S.A. 40A:11-36, the Clerk of the Township of Hardyston shall cause to be placed in a newspaper circulating within the Municipality a notice of public auction of personal property of the Township of Hardyston that is not needed for public use consisting of:

Various Vehicles

AND BE IT FURTHER RESOLVED that all items will be sold on an "as is" basis. Notice shall contain a general description of the items of personal property to be disposed of at said auction; and be it

FURTHER RESOLVED that the Manager, in conjunction with various other municipalities, is hereby authorized to conduct said auction on behalf of the Mayor and council and be it

FURTHER RESOLVED that the Township of Hardyston reserves the right to establish minimum prices and to reject any or all bids, and be it

FURTHER RESOLVED that the Township of Hardyston reserves the right to delete any and all items from the proposed list of articles to be placed for sale, and be it

FURTHER RESOLVED that all monies received from the sale of any such property shall be paid into the General Municipal Treasury of the Township of Hardyston.

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

E. Resolution amending the Franklin/Hardyston application for Regional Efficiency Development incentive funds for costs associated with the Franklin/Hardyston Tax Collection Office: WHEREAS, on July 18, 2000 the Hardyston Township Council adopted a resolution endorsing an application for Regional Efficiency Development Incentive (REDI) assistance funds in the amount of $26,947 for transition costs associated with forming the Franklin/Hardyston Tax Collection office; and

WHEREAS, on August 8, 2000 the Franklin Borough Council adopted a resolution endorsing an application for Regional Efficiency Development Incentive (REDI) assistance funds in the amount of $26,947 for transition costs associated with forming the Franklin/Hardyston Tax Collection office; and

WHEREAS, on July 19, 2000 said REDI grant was filed with the New Jersey Department of Community Affairs; and

WHEREAS, subsequent to the filing of said REDI grant application, additional transitional costs were identified by the Township of Hardyston and the Borough of Franklin; and

WHEREAS, these costs were in the amount of $1,020 for the purchase of a tax bill validation unit which was necessary to insure the efficient function of the joint tax office; and

WHEREAS, the Township of Hardyston and the Borough of Franklin seek to include the additional cost of $1,020 in their request for REDI assistance funds.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that it hereby authorizes amendment of the REDI application for tax collection services to include an additional $1,020 bring the total REDI grants funds requested to $27,967; and

BE IT FURTHER RESOLVED that the Borough of Franklin and the Hardyston Township Manager are hereby authorized to file all required documentation with the New Jersey Department of Community Affairs.

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

F. Resolution urging the Governor and State Legislature to provide fundung for reimbursement to Municipalities participating in the management of the State's bear population and to hold municipalities harmless from liability associated with the management of the State's bear population: WHEREAS, the New Jersey Department of Environmental Protection, Division of Fish and Wildlife has estimated New Jersey's black bear population at more than 1,000 animals; and

WHEREAS, in 1999 the Division of Fish and Wildlife received 1,659 complaints related to black bears with bear related damage to property estimated at $250,000; and

WHEREAS, black bear complaints received by the Division of Fish and Wildlife range from damage to bird feeders to home entries and livestock kills; and

WHEREAS, in an effort to address the increasing number and severity of bear related complaints in the State, the New Jersey Fish and Game Council proposed to establish a bear hunt to reduce the number of bears in the State by up to 350 animals in 2000 and to eventually reduce the total number of animals to approximately 250 to 300; and

WHEREAS, in response to public opposition to the proposed hunt and in response to Governor Whitman's request to suspend the proposed bear hunt, the New Jersey Fish and Game Council adopted a resolution to grant a motion for a stay of the black bear hunting season for 2000; and

WHEREAS, in lieu of the proposed hunt, Governor Whitman has proposed a bear management program which includes the following five key components:

1. Increased public education
2. Training of local law enforcement in bear management techniques
3. Training of local law enforcement in the euthanizing of bears that
pose a threat to the safety of persons or property
4. Relocation of nuisance bears
5. Continued research and tagging of bears
and;

WHEREAS, the Hardyston Township Council (New Jersey League of Municipalities) is concerned that the Governor's proposal to include local law enforcement officers as part of the State's Bear Management Program will shift the financial and liability burden of bear management to the State's municipalities and to local property tax payers.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council (New Jersey League of Municipalities) that it urges the Governor of the State of New Jersey and the State Legislature to provide adequate funding to reimburse municipalities for all expenses incurred with management of the State's bear population including, but not limited to, law enforcement salaries for time dedicated to bear management; and

BE IT FURTHER RESOLVED by the Hardyston Township Council (New Jersey League of Municipalities) that it further urges the Governor and State Legislature to hold municipalities harmless from all liability associated with the management of the State's bear population.

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

G. Resolution authorizing the Township Manager to submit an application to the New Jersey
Department of Environmental Protection: BE IT RESOLVED by the Township Council of the Township of Hardyston that the Township Manager is hereby authorized to apply to the New Jersey Department of Environmental Protection for the following:

NJ Tree Planting Grant

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

H. Bids - Wheatsworth Road/Gingerbread Castle Road Improvements - A motion was made by Kievit to reject all the bids and re-bid separately, seconded by Worflar. All in favor. Motion carried.

I. Resolution supporting Senate Bill 262: WHEREAS, the men and women who serve as volunteer firefighters and first aid squad members are an essential component of emergency services in the State of New Jersey; and

WHEREAS, these volunteers serve the public without compensation through sheer dedication of purpose; and

WHEREAS, volunteers are required to spend large amounts of time away from their friends and families while attending mandatory training courses and responding to calls for assistance; and

WHEREAS, with today's long work schedules and the increasing amount of time volunteer firefighters and first aid squad members must dedicate to training and calls, it is becoming increasingly difficult to retain members and to recruit members; and

WHEREAS, Senate Bill 262 provides a $200 gross income tax credit for volunteer firefighters and first aid squad members; and

WHEREAS, the $200 gross income tax credit is recognition by the State of New Jersey of the critical importance of volunteer emergency responders and the need to provide a financial incentive to retain members and recruit new members.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it hereby urges the New Jersey Senate to adopt Senate Bill 262; and

BE IT FURTHER RESOLVED that the Township Council urges the New Jersey Assembly to introduce an enact companion legislation to Senate Bill 262; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Honorable Robert E. Littell, the Honorable E. Scott Garrett, the Honorable Guy Gregg, the Hardyston Township Volunteer Fire Department, the Hardyston Township First Aid Squad, 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 with Ross abstaining. Motion carried.

J. Resolution amending the Hardyston Township Personnel Policy and Procedures Manual to amend Article VIII, Section 7, Use of Township Property: WHERAS, on June 18, 1996 the Hardyston Township Council adopted a Personnel Policies and Procedures Manual; and

WHEREAS, there exists a need to establish rules and regulations regarding use of Township property.

NOW THEREFORE BE IT RESOLVED by the Hardyston Township Council that Article VIII, Section 7, Use of Township Property, is hereby amended to establish the following rules and regulations that are attached to and made part of this resolution.

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

K. Resolution opposing amended Senate Bill 940: WHEREAS, Senate Bill 940 was introduced before the New Jersey State Senate on February 10, 2000; and

WHEREAS, Senate Bill 940 and its companion bill Assembly Bill 2371 vest the State of New Jersey with the sole authority to regulate the location, boundaries and operations of mines, quarries and sand/gravel operations; and

WHEREAS, on June 20, 2000 the Hardyston Township Council unanimously adopted a Resolution (attached to, and made part of, this Resolution) opposing S940/A2371 and its incursion into municipal home rule; and

WHEREAS, on September 22, 2000 amendments to S940 were made on the floor of the New Jersey Senate; and

WHEREAS , said amendments do not substantively change the effect of S940 and its usurpation of a municipality's right to regulate and control mining activities within its borders.

NOW THEREFORE BE IT RESOLVED by the Township Council of the Township of Hardyston that it continues to oppose Senate Bill 940 in its most recent amended form; and

BE IT FURTHER RESOLVED that copies of this Resolution be forwarded to the Honorable Donald DiFrancesco-Senate President, the Honorable Robert E. Littell-Senator 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.

L. Correspondence List:

1. State of NJ - Office of the Governor
2. NJ GASP
3. State of NJ - DEP
4. State of NJ - Office of the Governor
5. State of NJ - Legalized Games of Chance
6. State of NJ - Dept of Personnel
7. Township of Hampton
8. Township of Andover
9. Township of Stanhope
10. Township of Vernon
11. Andover Police Department
12. SC Chamber of Commerce
13. SC Economic Development Partnership
14. NJ State League of Municipalities
15. NJ State League of Municipalities
16. The Population Institute
17. Holmdel Township
18. McElroy, Deutsch & Mulvaney
19. NJ Lions
20. Harbor Consultants Inc.
21. SCARC
22. Newsfax
23. Ginnies House
24. On Site Fleet Service
25. The Human Services Connection
26. NJ Conservation Foundation
27. AT & T
28. Preservation Partners
29. Council on Affordable Housing
30. Township of West Milford
31. NJ State League of Municipalities
32. Borough of Franklin

A motion was made by Worflar to approve the correspondence list as presented without numbers 3 and 11, seconded by Lasinski. All in favor. Motion carried.

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

Watershed Management Rules
2001 Budget

Wheatsworth Road Park - The manager presented the council with the state contract for fencing. A motion was made by Worflar to proceed with the purchase of the fence from Anchor Fence of South Jersey in the amount of $40,506.14, seconded by Kievit. All in favor with Ross abstaining. Motion carried.

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 waiver of construction fees, auction, bears, Hardyston School and the lease at Wheatsworth Road.

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