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MINUTES OF THE HARDYSTON TOWNSHIP COUNCIL MEETING HELD ON SEPTEMBER 19, 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, 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. Planning Board Minutes - 1/27/2000
2. Planning Board Minutes (reorganization) - 1/27/2000
3. Planning Board Minutes (reorganization) - 2/24/2000
4. Planning Board Minutes - 3/23/2000
5. Planning Board Minutes - 4/10/2000
6. Planning Board Minutes - 4/27/2000
7. Planning Board Minutes - 5/25/2000
8. Zoning Board Minutes - 1/6/2000
9. Zoning Board Minutes - 4/6/2000
10. Zoning Board Minutes - 5/4/2000
11. Zoning Board Minutes - 6/1/2000
12. Zoning Board Minutes - 8/3/2000
13. Clerks Report - August 2000
14. Statewide Ins. Fund Minutes - 7/13/2000
15. Municipal Court Report - August 2000
16. Police Department Report - July 2000
17. Municipal Drug Alliance Minutes - 8/14/2000

Minutes:
1. Regular Minutes of 9/5/2000.
2. Workshop Minutes of 9/12/2000.
3. Executive Session Minutes of 9/12/2000.

Licenses: None

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

ORDINANCES None
1st READING:

ORDINANCES:
2ND READING: ORDINANCE 2000-17

AN ORDINANCE AMENDING CHAPTER 88, FEES, SECTION 8, MISCELLANEOUS FEES, OF THE REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF HARDYSTON.

Mayor Ross opened the meeting for a public hearing. No public comment. Mayor Ross closed the meeting to the public. A motion was made by Kievit to approve Ordinance 2000-17 on second reading, seconded by Lasinski. All in favor. Motion carried.

NEW BUSINESS:

A. TAX COLLECTORS RESOLUTIONS:

RESOLUTION TO AUTHORIZE PAYMENT OF REDEMPTION

WHEREAS, on September 30, 1997 Gisela Boltzer, Collector of Taxes sold at public sale Tax Lien for delinquent municipal liens on premises known as,

Block 101 Lot 16 14 Crescent Ct to FUNB/FUNDCO Corp Trust 3950 RCA Blvd SRE5002 Palm Beach Gardens, Florida 33401

WHEREAS, the Collector did receive redemption of said lien on August 30, 2000 and did 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 #97?10 in the sum of $ 9,451.64 provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.

RESOLUTION TO AUTHORIZE PAYMENT OF REDEMPTION

WHEREAS, on April 22, 1999 Gisela Boltzer, Collector of Taxes sold at public sale Tax Lien for delinquent municipal liens on premises known as,

Block 49 Lot 32.01 28 Lakeside Avenue to First Union Agent for Breen C/O Breen Capital Group 101 Farnsworth Avenue Bordentown, New Jersey 08505?1307

WHEREAS, the Collector did receive redemption of said lion on August 30, 2000 and did 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 #990010 in the sum of $ 5,712.21 provided the holder shall surrender the Certificate of Sale and comply with all laws relating thereto.

B. RESOLUTION - PROPOSED DEP WATER QUALITY AND WATERSHED MANAGEMENT RULES: RESOLUTION RE: PROPOSED DEP WATER QUALITY AND WATERSHED MANAGEMENT RULES

WHEREAS, the New Jersey Department of Environmental Protection (DEP) has proposed a comprehensive revision to the regulations governing the water quality planning process, as published in the New Jersey Register on July 3, 2000; and

WHEREAS, Hardyston Township is fully supportive of restoring, maintaining and enhancing water quality within New Jersey and endorses the concept of balanced growth in harmony with the environment; and

WHEREAS, the County of Sussex has been a designated Areawide Water Quality Management Agency since 1978 and has taken a lead role in the continuing plan amendment process; and

WHEREAS, representatives of Sussex County have participated in the Stakeholders Advisory Group for four years to provide input to DEP in the development of the Water Quality and Watershed Management Rules; and

WHEREAS, Hardyston Township has reviewed the Fact Sheets from DEP and the proposed rule; and

WHEREAS, Hardyston Township is concerned that the proposed rules exceed the legislative intent as embodied in the New Jersey Water Quality Planning Act and appear to conflict with the New Jersey Home Rule Act and the Municipal Land Use Law, and

WHEREAS, Hardyston Township is concerned that the proposed rules will result in State agencies superseding the local zoning authority by requiring that Municipal Master Plans, Zoning Ordinances and Wastewater Management Plans be "coordinated and integrated" with the State Development and Redevelopment Plan; and

WHEREAS, Hardyston Township is concerned that the proposed rules would require DEP review and approval for all subdivisions with six lots or more, thereby imposing additional regulations upon septic systems, and this conflicts with the New Jersey Realty Improvement Act that provides for DEP review of 50 or more residential units and grants authority to the local Health authorities for up to 49 residential units; and

WHEREAS, Hardyston Township is concerned that the proposed DEP rules would eliminate approved designations in Municipal Wastewater Management Plans for groundwater discharges between 2,000 and 20,000 gallons per day, thereby negating the entire Plan Amendment Procedure with DEP over the last ten years and wasting the thousands of dollars spent in good faith by municipalities and others to prepare the Wastewater Plans and obtain the approved designations; and

WHEREAS, Hardyston Township is concerned that the proposed rules will impose additional economic burdens and regulations particularly upon residents and property owners, municipalities and counties in Planning Areas 3, 4 and 5, and cause decrease in property values, property tax revenues, diminished economic growth, and inequities in implementing the State Plan; and

WHEREAS, eight Resolutions from Sussex County municipalities were received stating their objections to the proposed rules; and

WHEREAS, Hardyston Township has reviewed the comments prepared by staff of the
Sussex County Water Quality Management Agency and municipal officials and generally supports the comments.

NOW, THEREFORE, BE IT RESOLVED by Hardyston Township that we request the following actions:

1) We call upon the New Jersey Legislature to conduct Oversight Hearings on the proposed Water Quality and Watershed Management Rule, particularly on the following issues:

· Use of the State Development and Redevelopment Plan in the proposed DEP regulations, when the State Plan is an "advisory" document and was never published in the NJ Register as a regulatory document.
· Conflicts with the legislative intent in the NJ Water Quality Planning Act, the NJ Home Rule Act, the NJ Realty Improvement Act, and the Municipal Land Use Law.
· Withdrawal of approved designations for groundwater discharge between 2,000 and 20,000 gallons per day that were reviewed and approved by DEP under the Plan Amendment Procedure and existing regulations, as authorized by the NJ Water Quality Planning Act.

2) We call upon the DEP to reconsider the proposed rule in light of the attached comments; and

BE IT FURTHER RESOLVED that copies of this Resolution and attached comments be forwarded to the Sussex County League of Municipalities, the New Jersey League of Municipalities, Governor Whitman, DEP Commissioner Shinn, the Legislative Oversight Committees, Senator Littell, Assemblyman Gregg, Assemblyman Garrett, the State Planning Commission, and Sussex County Board of Chosen Freeholders.

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

C. Correspondence List :

1. NJ State League of Municipalities
2. NJ State League of Municipalities
3. NJ State League of Municipalities
4. NJ State League of Municipalities
5. NJ State League of Municipalities
6. NJ State League of Municipalities
7. State of NJ - DEP
8. State of NJ - DEP
9. State of NJ - DEP
10. State of NJ - DEP
11. State of NJ - DEP
12. State of NJ - DEP
13. County of Sussex
14. County of Sussex
15. SCMUA
16. Borough of Sussex
17. Vernon Township
18. Jersey City
19. West Milford
20. GPU Energy
21. Statewide Ins. Fund
22. Board of Chosen Freeholders
23. HMFA
24. Hamburg Board of Education
25. ICNJ
26. Lewellyn
27. Wall Street Watch
28. Kurt Kean
29. Borough of Franklin
30. Converse Consultants
31. The Gap
32. NUI
33. RCC Consultants
34. NJ State League of Municipalities
35. NJ-DEP
36. COAH
37. Kelly & Ward
38. Robert E. Littell

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

MANAGERS REPORT: Clerk, Louanne Cular gave a verbal report for the manager on the following items:

FEMA Reimbursement for August 12 -13 Storm
Wheatworth Road Resurfacing Bid
Watershed Management Rules Resolution
Senate Bill 940

BILLS TO BE PAID: A motion was made by Worflar to pay the bills as presented, seconded by Kievit. All in favor with Ross abstaining. 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 Hamilton to adjourn, seconded by Lasinski. All in favor. Motion carried.

ATTEST______________________
Louanne Cular RMC/CMC
Municipal Clerk