| HARDYSTON
TOWNSHIP COUNCIL MEETING HELD ON JUNE 20, 2000.
The meeting
was called to order by Deputy Mayor Worflar 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, Councilwoman
Hamilton, Manager John Eskilson and Clerk Louanne Cular.
SALUTE
THE FLAG:
PRESENTATION:
State of New Jersey - Department of Transportation - Route
23 Improvements Update.
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. Land Use Grant Administrator - Quarterly Report
2. Police Department Report - April
3. Municipal Court Report - April
4. NJ Employee Benefits Fund Minutes 4/28/00.
5. Emergency Management Report
6. Hardyston Board of Health Minutes - 4/13/00
7. Joint Franklin/Hardyston Recreation Committee Minutes -
3/22/00
8. Statewide Ins. Fund Minutes - 4/13/00
9. Tax Collectors Report - May
10. Void
11. Zoning Officers Report - January
12. Zoning Officers Report - February
13. Zoning Officers Report - March
14. Zoning Officers Report - April
15. Zoning Officers Report - May
16. Construction Dept. Report - May
Minutes:
1. Regular Minutes of 5/2/00
2. Regular Minutes of 5/16/00
3. Workshop Minutes of 5/9/00
4. Workshop Minutes of 5/23/00
5. Workshop Minutes of 6/13/00
6. Executive Session Minutes of 5/9/00
7. Executive Session Minutes of 5/23/00
Licenses:
None
A motion
was made by Kievit to approve the consent agenda, seconded
by Hamilton. All in favor with Kievit abstaining on the minutes
of 6/13 and Lasinski abstaining on the minutes of 5/23 and
6/13. Motion carried.
ORDINANCES:
ORDINANCE 2000-12
1st READING:
ORDINANCE OF THE TOWNSHIP COUNCIL OF THE
TOWNSHIP OF HARDYSTON AMENDING SECTION
13?5.8b.2 ENTITLED "INSTITUTIONAL AND PUBLIC
USES OF SECTION 13?5.8" ENTITLED "REGULATIONS
GOVERNING CONDITIONAL USES OF CHAPTER 13
ENTITLED "ZONING OF THE CODE OF THE TOWNSHIP
OF HARDYSTON"
BE IT
ORDAINED by the Township Council of the Township of Hardyston,
County of Sussex and State of New Jersey, that the Ordinance
known as the Zoning Ordinance of the Township of Hardyston
shall be and hereby is amended as follows:
SECTION
1. Section 13?5.8b.2 entitled "Institutional and Public
Uses" is hereby amended in its entirety to state as follows:
(a) Such
uses shall be permitted in residential zones only if the property
has direct access on to a state highway or county road or
on to a local road which has direct access to a state highway
or a county road. Said local road must have a minimum uniform
paved width of 24 feet along its entire length and parking
must be prohibited along the entire length of the local road
used for access.
(b) A
minimum lot area of 5 acres shall be provided.
(c) All
of the required off street parking shall be located on the
same lot as the principal use.
(d) The
maximum impervious coverage shall not exceed 40%.
(f) The
front and rear yards shall be a minimum of 75 feet.
(e) Each
side yard shall be a minimum of 50 feet.
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. This ordinance shall take effect within twenty (20) days
of the date of adoption hereof.
PLEASE
TAKE FURTHER NOTICE that the Township Clerk is hereby directed
to give notice at least ten (10) days prior to the hearing
on the adoption of this Ordinance to the Sussex County Planning
Board and to all others entitled thereto pursuant to the provisions
of N.J.S.A. 40:55D?15. Upon adoption of this ordinance, after
a public hearing thereon, the Township Clerk is further directed
to publish notice of the passage thereof and to file a copy
of this ordinance, as finally adopted, with the Sussex County
Planning Board as required by N.J.S.A. 40:55D?16.
A motion
was made by Lasinski to approve Ordinance 2000-12 on first
reading, seconded by Hamilton. All in favor. Motion carried.
ORDINANCE
2000-13
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").
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 MINUTES OF THE HARDYSTON
TOWNSHIP COUNCIL MEETING HELD ON JUNE 20, 2000.
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. 5:93-8.15 permitting
COAH to direct disbursement of development fees pursuant to
N.J.A.C. 5:93-8.18 and 8.19. 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. 5:93-8.18, 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. 5:93-5.1(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. 5:93-8.15 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. 5:93-8.1, 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.
(7). Expiration
of Ordinance. This ordinance shall expire in the event of
any of the following occurrences:
(A) COAH dismisses or denies the Township's petition for substantive
certification;
(B) COAH revokes substantive certification or this ordinance;
or
(C) The substantive certification expires prior to the Township's
filing an adopted housing element with COAH, petitioning for
substantive certification or receiving COAH's approval of
this ordinance.
(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 Kievit to approve Ordinance 2000-13 on first reading,
seconded by Lasinski. All in favor. Motion carried.
ORDINANCE
2000-14
AN ORDINANCE
ADOPTING A CODIFICATION AND REVISION OF THE ORDINANCES OF
THE TOWNSHIP OF HARDYSTON, COUNTY OF SUSSEX, STATE OF NEW
JERSEY; PROVIDING FOR THE MAINTENANCE OF SAID CODE; REPEALING
AND SAVING FROM REPEAL CERTAIN ORDINANCES NOT INCLUDED THEREIN;
ESTABLISHING A PENALTY FOR ALTERING OR TAMPERING WITH THE
CODE; AND MAKING CERTAIN CHANGES IN PREVIOUSLY ADOPTED ORDINANCES.
NOTE:
Ordinance 2000-14 is not being included in full in the minutes
due to the fact that it is 40+ pages in length.
A motion
was made by Kievit to approve Ordinance 2000-14 on first reading,
seconded by Lasinski. All in favor. Motion carried.
ORDINANCES:
2ND READING: ORDINANCE 2000-10
AN ORDINANCE
TO AMEND CHAPTER XIX OF THE GENERAL ORDINANCES OF THE TOWNSHIP
OF HARDYSTON, ENTITLED, "FEES"
A motion
was made by Kievit to open the meeting to the public, seconded
by Lasinski. All in favor. Motion carried. No public input.
A motion was made by Kievit to adopt Ordinance 2000-10 on
second reading, seconded by Hamilton. 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.
A motion
was made by Hamilton to adopt Ordinance 2000-11. The motion
did not receive a second, therefore the ordinance did not
pass.
NEW
BUSINESS:
A. RESOLUTION
OPPOSING THE BEAR HUNT IN THE STATE OF NEW JERSEY AS PRESENTLY
PROPOSED BY THE NEW JERSEY FISH AND GAME COUNCIL
WHEREAS,
the State of New Jersey has proposed amending the New Jersey
Fish and Game Council 2000-2001 Game Code to establish a bear
hunting season in the State of New Jersey; and
WHEREAS,
the stated purpose of said hunt is to reduce the bear population
by up to 350 animals in 2000 and to ultimately to reduce the
State's bear population to a total of 250 to 300 animals;
and
WHEREAS,
the regulations, as proposed, do not limit the number of hunting
licenses issued for the purposes of participating in the proposed
bear hunt; and
WHEREAS,
a majority of the State's bear population is located in the
northern Counties including Sussex County; and
WHEREAS,
the Hardyston Township Council is concerned that the regulations
as currently proposed do not provide adequate protection to
area residents and property owners from the potentially large
number of hunters descending upon the community or from the
dangers posed by wounded bears; and
WHEREAS,
the Hardyston Township Council does not believe the bear hunt
as currently proposed will directly address the issues of
removing problem bears from populated areas; and
WHEREAS,
alternatives to hunting as a means of controlling the bear
population are available to the State of New Jersey.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston as follows:
1. The
Township Council opposes the bear hunt as presently proposed
by the New Jersey Fish and Game Council as unsafe to residents
of the Township.
2. The
Township Council urges the New Jersey Fish and Game Council
to revise the proposed hunt regulations to severely limit
the number of bear hunting licenses issued by lottery or other
method in order to control the number of hunters descending
upon Hardyston Township and other communities in the northern
section of the State.
3. The
Township Council urges the State to put safeguards in effect
to reduce the potential for wounded bears within populated
areas.
4.. The
Township Council urges the State to adopt a long term bear
control strategy that includes funding and implementation
of a program for the sterilization of selected portions of
the bear population.
5. The
Township Council urges the State to fund and implement additional
education programs for residents and businesses within areas
populated by bears.
6. The
Township Council urges the State to fund and implement a program
to train law enforcement officers in bear management and control.
BE IT
FURTHER RESOLVED that copies of this Resolution be forwarded
to the Honorable Christine Whitman - Governor, the Honorable
Robert E. Littell - Senator 24th District, the Honorable E.
Scott Garrett - Assemblyman 24th District, the Honorable Guy
Gregg - Assemblyman 24th District, Robert Shinn, NJDEP Commissioner,
the New Jersey Fish and Game Council, all Sussex County municipalities.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor. Motion carried. Deputy
Mayor Worflar opened the meeting to the public. There was
a lot of discussion on the pros and cons of a bear hunt and
discussion on sterilization.
B.
RESOLUTION APPOINTING SCOTT J. HOLZHAUER TO THE POSITION OF
TAX ASSESSOR IN THE TOWNSHIP OF HARDYSTON FOR A TERM OF FOUR
YEARS EFFECTIVE JULY 1, 2000 THROUGH JUNE 30, 2004
WHEREAS,
Scott J. Holzhauer was appointed by the Township Council of
the Township of Hardyston to the position of Tax Assessor
on November 1, 1997 effective November 3, 1997; and
WHEREAS,
said appointed was to fill the unexpired Tax Assessor's term
through June 30, 2000; and
WHEREAS,
said term of appointment will expire June 30, 2000.
NOW THEREFORE
BE IT RESOLVED by the Township Council that Scott J. Holzhauer
is hereby appointed to the position of Tax Assessor in the
Township of Hardyston for a term of four years from July 1,
2000 through June 30, 2004.
A motion
was made by Hamilton to approve the resolution as presented,
seconded by Kievit. All in favor. Motion carried.
C.
Tax Collectors Resolutions:
#1. WHEREAS,
on June 9, 1998 Gisela Boltzer, Collector of Taxes, sold at
public sale Tax Lien for delinquent municipal liens on premises
known as
Block 67 Lot 19 to Eugene De Nagle, 71 Catskill Ct., Belle
Meade, NJ, 08502,
and
WHEREAS;
the Collector has received redemption of said lien on May
30. 2000,
and has deposited said sums in the current account of the
Township of Hardyston,
and
NOW, THEREFORE,
BE IT RESOLVED By the Mayor and Council of the Township of
Hardyston:
1. 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 in the sum of _$_777.02 provided
the holder of shall surrender the Certificate of Sale and
comply with all laws relating thereto.
#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:
BLOCK
LOT NAME AMOUNT YR
51 14.01
KUCEK 619.03 00
A motion
was made by Kievit to approve the resolutions as presented,
seconded by Lasinski. All in favor. Motion carried.
D.
RESOLUTION AUTHORIZING A "DEDICATION BY RIDER" TO
THE
BUDGET OF THE TOWNSHIP OF HARDYSTON FOR SMALL CITIES LOAN
REPAYMENT PURSUANT TO N.J.S. 40A:4?39
WHEREAS,
N. J. S. 4OA: 4?39 provides for the insertion of a "
Dedication by Rider" in the budget of any local
unit which dedicates revenues anticipated during the fiscal
year from Small Cities loans, subject to written prior consent
of the Director of the Division of Local Government Services,
when the revenue is not subject to reasonably accurate estimate
in advance; and
WHEREAS,
such dedicated revenues shall be appropriated for the purpose
to which said revenue is dedicated by statute or other legal
requirements.
NOW, THEREFORE, BE IT RESOLVED, by Township Council of the
Township of Hardyston, County of Sussex, New Jersey, that
all Small Cities revenue received by The Township of Hardyston,
be placed in a specific trust fund and such trust fund shall
be considered a "Dedication by Rider" to the budget
of the local unit, pursuant to N. J. S. 40A:4?39, for the
sole purpose stated above.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor. Motion carried.
E. Resolution
authorizing the Township Manager to execute the following
contracts/ leases/ interlocal agreements/agreements:
BE IT
RESOLVED by the Township Council of the Township of Hardyston
that the Township Manager is hereby authorized to execute
the following contracts/leases/agreements:
1. Interlocal
Service Agreement with the Borough of Franklin - Tax Collection
services.
2. Professional Service Agreement with Tighe, Doty, &
Carrino for architectural services.
3. Developers Agreement - Indian Fields
4. Developers Agreement - Walden Village - lower section
5. State of New Jersey - Department of Environmental Protection
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor with Worflar abstaining
on Indian Fields Developers Agreement. 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:11-10)
enables two or more of governing bodies, by agreement, to
jointly purchase materials and services; and
WHEREAS,
on June 15, 1999 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. 40A: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 Bituminous
Concrete Overlay and Oil & Chip Road Sealing 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 attached list awarded by the County
of Sussex on behalf of the Sussex County Cooperative Pricing
Council.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor. Motion carried.
G.
Resolutions authorizing the following liquor license renewals
for 2000/2001:
1. Victorias Mountain Inn
2. Cliffs Café
3. Owens Pub
4. Swing In Deli
A motion
was made by Kievit to approve the resolutions as presented,
seconded by Hamilton. All in favor with Lasinski abstaining
on Cliff's Café, Owens Pub and Swing In Deli. Motion
carried.
H.
Resolution approving the 1999 Municipal Audit.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Hamilton. All in favor. Motion carried.
I.
Resolution awarding the following bids:
#1. Fire
Apparatus - RESOLUTION AWARDING BID FOR ONE FIRE APPARATUS
IN THE AMOUNT OF $374,647.00 TO PIERCE MANUFACTURING, INC.
WHEREAS,
bids for the Fire Apparatus 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 Monday, May 22, 2000,
and
WHEREAS,
Pierce Manufacturing, Inc. submitted the low bid as follows:
$374,647.00, 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 through 0rdinance,2000?6 for
the award of bid to Pierce
Manufacturing, Inc.; and
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby awards the bid for the Fire Apparatus
in the amount of $374,647. 00 to Pierce Manufacturing, Inc
#2. Dump
Truck - RESOLUTION AWARDING BID FOR ONE SUPER DUTY F450 IN
THE AMOUNT OF $52,994.00 TO PLAZA FORD/MOTORS FLEET..
WHEREAS,
bids for the 2000 Ford Super Duty F450 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 Monday, May 22, 2000,
and
WHEREAS,
Plaza Ford/Motors Fleet. submitted the low bid as follows:
$52,994.00, 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 through 0rdinance,2000?6 for
the award of bid to Plaza Ford/Motors Fleet; and
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby awards the bid for the 2000 Ford
Super Duty F450 in the amount of $52,994.00 to Plaza Ford/Motors
Fleet.
A motion
was made by Kievit to approve the resolutions as presented
awarding both bids, seconded by Lasinski. All in favor. Motion
carried.
J.
RESOLUTION AUTHORIZING THE SUBMISSION OF A SMART GROWTH PLANNING
GRANT APPLICATION ON BEHALF OF
FRANKLIN BOROUGH, HARDYSTON TOWNSHIP AND HAMBURG BOROUGH RELATIVE
TO THE DEVELOPMENT OF A STRATEGIC ECONOMIC DEVELOPMENT AND
GROWTH PLAN
WHEREAS,
at their regular meeting of June 20, 2000, the Hardyston Township
Mayor and Council having had reviewed the proposed application
for Smart Growth Grant fimding for the development of a Regional
Strategic Economic Development and Growth Plan; and
WHEREAS,
the Hardyston Township Mayor and Council agree that the concept
of creating a plan to study, develop and create an implementation
plan for future economic growth, environmental and historic
preservation, Main Street revitalization and tourism opportunities
and initiatives for the Franklin Hardyston and Hamburg region
will provide priceless assistance to all three municipalities
in their efforts to employ smart growth strategies; and
WHEREAS,
the Hardyston Township Mayor and Council agree that the creation
of such a tool will assist the local land use boards of each
municipality when reviewing development applications, and
WHEREAS,
the three municipalities have make significant efforts to
incorporate a regional focus through inter?local agreements
and shared services and have collectively filed a application
for regional center designation;
NOW THEREFORE,
be it resolved on this 20t' day of June, 2000, by the Hardyston
Township Mayor and Council, that the Mayor and Council offers
their full support and endorsement of the aforementioned application
for Smart Growth Grant funding for the development of a Regional
Strategic Economic Development and Growth Plan; and
BE IT
FURTHER RESOLVED that the Hardyston Township Mayor and Council
hereby authorize the Township Manager and Clerk to file said
application and further authorize the signing of any future
contracts or agreements with respect to same.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Hamilton. All in favor. Motion carried.
K.
RESOLUTION ENDORSING THE HISTORICAL, RECREATIONAL
AND OPEN SPACE RESOURCE PROTECTION INITIATIVE OF THE BOROUGH
OF HAMBURG, SUSSEX COUNTY, NEW JERSEY
WHEREAS,
the Borough of Hamburg has identified historical resources.
recreational land parcels and critical open space areas within
its boundaries; and
WHEREAS,
the Borough of Hamburg demonstrated its appreciation of the
Borough's architectural heritage and historic structures by
creating the first Historic District in Sussex County, and
has designated as key historic sites the following: the four
(4) Windsor Lime and Cement Kilns off Limekiln Road ? the
most complete site in New Jersey and Hamburg's finest archeological
treasure, the Old Paper Mill site at Paper Mill Pond, the
Old Stone Mill on Gingerbread Castle Road ? Hamburg's oldest
industrial building still standing, the Wheatsworth Mill on
Gingerbread Castle Road ? where Wheatsworth flour was born,
and the Gingerbread Castle on Gingerbread Castle Road ? built
in 1929 on one of the original lime kilns of the Wallkill
Cement and Lime Company, and on which Hamburg claimed its
identity as 'The Children's Town' and established its quaint
'castle' street signs, and
WHEREAS,
the Borough of Hamburg's location along the Wallkill River
is within the area known as the New Jersey Highlands ? which
has been identified as containing the greatest diversity of
natural resources of any region in the State, and which provides
an open space, river corridor for wildlife and may serve to
connect Hamburg to the Wallkill River National Wildlife Refuge
in the future; and
WHEREAS,
the Borough of Hamburg recognizes the importance of protecting
the water quality of the Wallkill River ? which flows north
through the western section of Hamburg, the adjacent lands
and the stream corridors leading into the River through developing
a critical mass of open space via a network of paths and corridors
and the linking of environmentally sensitive areas along ponds,
streams, wetlands and floodplains, their associated transitional
areas, grasslands, steep slopes, woodlands, viewsheds and
mature vegetation to ensure environmental quality, habitat,
protection, and active and passive recreational opportunities;
and
WHEREAS,
the Borough of Hamburg acknowledges that its early development
as a crossroads community led to its development as one of
Sussex County's commercial and industrial centers established
along the major transportation corridor ? the New York, Susquehana
and Western Railroads, and recognizes that the abandoned railroad
beds which run the length of the Borough ? a distance of approximately
one and a half miles, offers unlimited recreational opportunities,?
and
WHEREAS,
the Borough, of Hamburg has applied to the Office of Natural
Lands Management, Division of Parks and Forestry to fund the
Borough's ' Limekiln Trail Project grant application through
the National Recreational Trails Program, a part of the Transportation
Equity Act for the 2111 Century,? and
WHEREAS,
the Borough of Hamburg has experienced unprecedented residential
growth in the late 1980's which has altered the character
of the community and created a priority need to focus diligent
efforts on the restoration. reclamation and improvement upon
the existing conditions of the Borough; and
WHEREAS,
the Borough of Hamburg recognizes that it is approximately
ninety?five percent developed within its 1.2 square mile boundary,
and that the only municipally owned park is the 1.5 acres
Green Acres mini park site along the Wallkill River ? which
does not meet the generally accepted open space standards
established by the National Recreation and Park Association,
which, based on the Borough's 1990 population of 2,566 should
be between 15.6 and 26. 2 acres and
WHEREAS.
the Borough of Hamburg, according to the State Development
and Redevelopment Plan is located in Planning Area 4 ? Rural
Planning Area with a small percentage of the Borough located
in Planning Area 5 ? Environmentally Sensitive Planning Area
and the SORP has identified the Hamburg/Franklin/Hardyston/Ogdensburg
areas as an existing regional center and the Borough of Hamburg.
the Borough of Franklin, the Township of Hardyston. and the
Borough of Ogdensburg have jointly petitioned for State Designated
Regional Center designation.
NOW, BE
IT RESOLVED, by the Mayor and Council of the Borough of Hamburg,
that the Borough's remaining noteworthy historic structures
and sites should be preserved and restored and that open space
areas should be preserved along the Wallkill River, the abandoned
railroad beds and the lands that abut these areas for the
purposes of both active and passive recreation and open space
conservation to promote a healthy sense of community among
its residents by connecting the residents of the past ? the
roots of Hamburg's heritage, and the residents in future generations;
AND, THEREFORE.
BE IT RESOLVED, that the areas identified by the Mayor and
Council of the Borough of Hamburg to be included in the Borough's
Historical, Recreational, and open Space Resources Protection
Initiative, and which it offers for Open
Space
Preservation in accordance with the Garden State Preservation
Trust Act, signed into law by Governor Chistine Todd Whitman
an June 29, 1999, include the following resources (as per
the attached mapping rendition): Historical ? the four unique
limekilns, the Gingerbread Castle, the Wheatsworth Mill, the
old Stone Mill, and the old Paper Mill site, and Open Space/Recreation
?the abandoned railroad beds and the lands adjacent to the
Paper Mill Pond, the Mill brook, Beaver Brook, Winding Brook,
and the Wallkill River. Exception to the above proposed for
State acquisition is the property known as Block 7 Lots 27
and 29, which the Borough wishes to purchase a portion thereof
for the purpose of developing a permanent recreational/sports
area for its youth, young adults, and adult residents; and
BE IT
FURTHER RESOLVED, by the Mayor and Council of the Township
of Hardyston that a copy of this resolution be forwarded to
the State of New Jersey, Division of Parks and Forestry, State
Park Service, Northern Region, the U. S, Fish and Wildlife
Service, Wallkill River National Wildlife Refuge, the Office
of Natural Lands Management. Division of Parks and Forestry,
the New Jersey Department of Environmental Protection, Green
Acres Program, the Sussex County Department of Planning, the
State Planning Commission, the Honorable Christine Todd Whitman,
the Honorable Robert E. Littell, the Honorable E. Scott Garrett.
the Honorable Guy Gregg, the Sussex County Board of Chosen
Freeholders, the New Jersey League of municipalities, the
Sussex County Strategic Growth Committee, the Sussex County
League of Municipalities, and all Sussex County Municipalities.
BE IT
FURTHER RESOLVED, that the Township of Hardyston, County of
Sussex, State of New Jersey, hereby endorses the above resolution
adopted by the Borough of Hamburg.
A motion
was made by Lasinski to approve the resolution as presented,
seconded by Kievit. All in favor. Motion carried.
L.
RESOLUTION ACCEPTING A BONDS IN THE AMOUNT OF $37,140.00 FOR
WALDEN VILLAGE II AND $1,152,552.00 FOR INDIAN FIELDS.
WHEREAS,
on the Hardyston Township Planning Board granted approval
to Walden Village II and Indian Fields; and
WHEREAS,
as a condition of said approval Walden Village II was required
to post a performance guarantee with the Township of Hardyston
for the said site in the amount of $37,140.00 and Indian Fields
and was required to post a performance guarantee with the
Township of Hardyston for the said site in the amount of $1,152.552.00
and;
WHEREAS,
Walden Village II. has submitted to the Municipal Clerk the
full amount of $37,140.00 in a cash bond and Indian Fields
has submitted Boiling Springs Savings Bank, Irrevocable Letter
of Credit in the amount of $1,037,296.80.00; a cash bond in
the amount of $115,255.20 and
WHEREAS,
the letter of credit has been reviewed and approved as to
form by the Township Attorney.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it hereby accepts the above stated bonds from
Walden Village II and Indian Fields as performance securities
required by the Hardyston Township Planning Board.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor with Worflar abstaining
on Indian Fields. Motion carried.
M.
RESOLUTION AUTHORIZING PURCHASE OF A COMPUTER SYSTEM THROUGH
STATE CONTRACT FOR HARDYSTON TOWNSHIP POLICE DEPARTMENT.
WHEREAS,
the New Jersey Local Public Contracts Law (N.J.S.A.40A:11-12)
enables units of local government to purchase without competitive
bid, materials, supplies or equipment under any contract entered
into on behalf of the State Division of Purchase and Property
in the Department of Treasury; and
WHEREAS,
Raritan Computer Systems has been awarded State Contract #81205
by the Division of Purchase and Property in the Department
of Treasury for the purchase of, and
WHEREAS,
The Township of Hardyston is in need of a computer system
and
WHEREAS,
Funds are available through the 2000 Municipal Township Budget
and;
NOW, THEREFORE
BE IT RESOLVED that one a computer system may be purchased
without competitive bid as through State Contract #81205.
A motion
was made by Kievit to approve the resolution as presented,
seconded by Lasinski. All in favor. Motion carried.
N. RESOLUTION TO SUBMIT NJDOT MUNICIPAL AID APPLICATIONS -
A motion was made by Lasinski to approve the resolution as
presented, seconded by Kievit. All in favor. Motion carried.
O.
Correspondence List :
1. NJBIA
2. State of NJ - DEP
3. State of NJ - DEP
4. State of NJ - DEP
5. NJ State Safety Council
6. NJTPA
7. NJ Senate Report
8. NJ Transit
9. NJ GASP
10. State of NJ - DOT
11. State of NJ - DEP
12. NJ Municipalities
13. State of NJ - DEP
14. NJ Senate
15. State of NJ - DCA
16. State of NJ - COAH
17. State of NJ - DEP
18. State of NJ - DOT
19. NJ Apartment Association
20. State of NJ - DEP
21. State of NJ - Dept. of Military Affairs
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. Business Coaliyion for Job Creation
28. NJ State League of Municipalities
29. NJ State League of Municipalities
30. NJ State League of Municipalities
31. Sussex County League of Municipalities
32. Sussex County Arts Council
33. County of Sussex
34. County of Sussex
35. Resolution - Borough of Ogdensburg
36. Ordinance - Township of Jefferson
37. Resolution - Borough of Hamburg
38. Resolution - Marlboro Township
39. Resolution - Hope Township
40. Township of Monroe
41. Ordinance - Township of Wantage
42. Ordinance - Township of Vernon
43. Resolution - Fredon Township
44. Resolution - Andover Township
45. Resolution - Andover Township
46. Resolution - Andover Township
47. Resolution - Borough of Stanhope
48. Resolution - Borough of Hamburg
49. GPU Energy
50. Passaic River Coaliton
51. Downtown NJ Conference
52. Bear Education and Resource Group
53. General Code Publishers
54. NUI
55. NJBIA
56. Rutgers
57. State of NJ - DCA
58. Incentive taxation
59. Coldwell Bankers
60. Common Cause
61. The Citizens Army
62. Rutgers
63. Hardyston Township
64. The High Pointer
65. GPU
66. COAH
67. Bond Briefs
68. Ridge and Valley Conservancy Inc.
69. Bear Education and Resource Group
70. Lake Stockholm Community Association
71. Recycling Tonnage Repory
72. Township of Hardyston
73. NJ State Planning Commission
74. Township of West Milford
75. AWFNJ
76. T & M Newsletter
77. Bell Atlantic
78. Northwest Recycling Council
79. NJ Society of Municipal Engineers
80. NJ Transit
81. NJ Herald
82. Governor Whitman
83. Watershed Association
84. Municipal Incentive Award Program
85. Spectrum for Living
NJ State League of Municipalities
A motion
was made by Kievit to approve the correspondence list as presented
without #11, 45 and 70, seconded by Lasinski. All in favor.
Motion carried.
MANAGERS REPORT: Manager John Eskilson gave a verbal
and written report on the following items:
Police
Department
NJ First Responder Early Defibrillation Enhancement Program
Joint Tourism Cmmittee
Bukly Waste Pick Up Program
Quarry Bill S940 - A motion was made by Lasinski to approve
the following resolution, seconded by Kievit. All in favor.
Motion carried.
RESOLUTION
OPPOSING SENATE BILL 940 AND ASSEMBLY BILL 2371
WHEREAS,
Senate Bill 940 was introduced before the New Jersey State
Senate on February 10, 2000; and
WHEREAS,
Assembly Bill 2371 was introduced before the New Jersey State
Assembly on May 8, 2000; and
WHEREAS,
S940/A2371 vest the New Jersey Commissioner of Labor with
the sole authority to regulate the location, boundaries and
operation of mines, quarries and sand/gravel operations and
authorizes the Commissioner to issue new certificates of registration
of mines, quarries and sand/gravel operations; and
WHEREAS,
the State Legislature, through S940/A2371, finds that there
is a strong public interest in preserving, supporting and
maintaining existing quarrying, mining and processing of naturally
occurring aggregates; and that this strong interest requires
regulation of the location and operation of the quarrying,
mining and processing of naturally occurring aggregates at
the state level rather than at the local level; and
WHEREAS,
provisions of S940/A2371 supersede all local regulation of
mining and quarrying activities; and
WHEREAS,
the Township of Hardyston has, for many years, regulated the
nine (9) sand/gravel operations and one rock quarrying operation
within its borders through zoning and licensing regulations;
and
WHEREAS,
the sand/gravel and rock quarry operations have continued
to exist and prosper under municipal regulation in contradiction
to the findings of S940/A2371; and
WHEREAS,
S940/A2371 is yet another attempt by the State of New Jersey
to restrict and erode home rule by municipal government within
this State.
NOW THEREFORE
BE IT RESOLVED by the Township Council of the Township of
Hardyston that it opposes Senate Bill 940 and Assembly Bill
2371.
BE IT
FURTHER RESOLVED that copies of this Resolution be forwarded
to the New Jersey Senate Commerce Committee, the New Jersey
Assembly Labor Committee, the Honorable Robert E. Littell,
the Honorable E. Scott Garrett, the Honorable Guy Gregg, the
New Jersey League of Municipalities and all Sussex County
Municipalities.
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 following: Joint services, Senior
Class luncheon for the Senior Citizens, Silver Grove Road
Bridge, Bear resource
group spoke on the proposed bear hunt and sterilization, Concession
stand, public forum, liquor licenses and a new municipal buildling.
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
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