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NORTH HANOVER TOWNSHIP
TOWNSHIP COMMITTEE MEETING
MINUTES
May 7, 2020, 7:00 P.M.
VIA
CONFERENCE CALL: Dial In:
1-833-247-7123; Access Code 4094175
CALL TO ORDER Mayor DeBaecke called the meeting to order at 7:00 p.m.
FLAG SALUTE: Led by Mayor DeBaecke
ROLL CALL: Mayor DeBaecke Deputy Mayor Doyle Committeeman Kocubinski Committeeman O’Donnell
Absent: Committeeman DeLorenzo
Also Present: Township Clerk Picariello and Township Attorney Roselli
SUNSHINE STATEMENT: “The provisions of the Open Public Meetings Act have been met. Notice of this meeting has been transmitted by email to the Courier Post, Burlington County Times and The Trenton Times as well as given to those having requested same and posted on the Township bulletin board located in the foyer of the municipal building”.
PUBLIC COMMENT AS IT RELATES TO AGENDA ITEMS
Mayor DeBaecke opened the meeting to the public. There were no public comments this evening.
MOTION TO CLOSE PUBLIC COMMENT Proposed By: Committeeman Kocubinski Seconded By: Deputy Mayor Doyle
REVIEW OF CORRESPONDENCE There was no correspondence this evening.
ENGINEER’S REPORT
Clerk Picariello noted that Engineer Hirsh submitted the annual
stormwater report and would be closing out the park project.
She stated that the plans and spec for next phase of Schoolhouse
Road were being prepared.
MINUTES FOR APPROVAL
· April 16, 2020 – Regular Meeting
BILLS AND CLAIMS FOR APPROVAL
ORDINANCE – ADOPTION 2020-05 Ordinance to Exceed the Municipal Budget Appropriation Limits and to Establish a Cap Bank Pursuant to N.J.S.A. 40A:4-45.14
ORDINANCE 2020-05
COUNTY OF BURLINGTON
TOWNSHIP OF NORTH HANOVER
CALENDAR YEAR 2020
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government CAP Law, N.J.S. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 2.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and
WHEREAS, the Township Committee of the Township of North Hanover in the County of Burlington finds it advisable and necessary to increase its CY 2020 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and
WHEREAS, the Township Committee of the Township of North Hanover in the County of Burlington hereby determines that a 3.5% increase in the budget for said year, amounting to $26,796.69 in excess of the increase in final appropriations otherwise permitted by the Local Government CAP Law, is advisable and necessary; and,
WHEREAS, the Township Committee of the Township North Hanover of in the County of Burlington hereby determines that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Township Committee of the Township of North Hanover in the County of Burlington, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2020 budget year, the final appropriations of the Township of North Hanover shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $ 93,788.42, and that the CY 2020 municipal budget for the Township of North Hanover be approved and adopted in accordance with this ordinance; and
BE IT FURTHER ORDAINED, that any amount authorized herein above that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon; be filed with said Director within 5 days after such adoption.
MAYOR OPENS THE MEETING TO THE
PUBLIC
There were no public comments this evening.
MOTION TO CLOSE PUBLIC
HEARING Proposed By: Committeeman Kocubinski Seconded By: Mayor DeBaecke
MOTION TO ADOPT ORDINANCE 2020-05
CONSENT AGENDA DEFINED:
All Resolutions listed on today’s consent agenda are to be considered as one vote by Township Committee and will be enacted by one motion. There will be no discussion of these items. If discussion is desired, that item will be removed from the consent agenda and considered separately.
2020-66
Resolution Certifying the North Hanover Township Committees
Compliance with the United States Equal Employment Opportunity
Commissions “Enforcement guidance on the consideration of Arrest and
Conviction Records in Employment Decisions Under Title VII of the Civil
Rights Act of 1964”
RESOLUTION 2020-66
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION CERTIFYING THE NORTH HANOVER TOWNSHIP COMMITTEES
COMPLIANCE WITH THE
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION’S
“Enforcement Guidance on the Consideration of Arrest and Conviction
Records in Employment Decisions Under Title VII of the Civil Rights Act
of 1964”
WHEREAS,
N.J.S.A. 40A:4-5 as amended by P.L. 2017, c.183 requires the
governing body of each municipality and county to certify that their
local unit’s hiring practices comply with the United States Equal
Employment Opportunity Commission’s “Enforcement Guidance on the
Consideration of Arrest and Conviction Records in Employment Decisions
Under Title VII of the Civil Rights Act of 1964,”
as amended,
42 U.S.C. § 2000e et seq., (April 25, 2012)
before submitting its approved annual budget to the Division of Local
Government Services in the New Jersey Department of Community Affairs;
and
WHEREAS,
the members of the North Hanover Township Committee have familiarized
themselves with the contents of the above-referenced enforcement
guidance and with their local unit’s hiring practices as they pertain to
the consideration of an individual’s criminal history, as evidenced by
the group affidavit form of the governing body attached hereto.
NOW, THEREFORE BE IT RESOLVED,
That the Township Committee
of the Township of North Hanover, hereby states that it has
complied with N.J.S.A. 40A:4-5, as amended by P.L. 2017, c.183,
by certifying that the local unit’s hiring practices comply with the
above-referenced enforcement guidance and hereby directs the Clerk to
cause to be maintained and available for inspection a certified copy of
this resolution and the required affidavit to show evidence of said
compliance.
2020-67
Resolution Authorizing Self Examination for 2020 Municipal Budget
RESOLUTION 2020-67
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
AUTHORIZING SELF-EXAMINATION FOR 2020 MUNICIPAL BUDGET
WHEREAS, N.J.S.A.
40A:4-78b has authorized the Local Finance Board to adopt rules that
permit municipalities in sound fiscal condition to assume the
responsibility, normally granted to the Director of the Division of
Local Government Services, of conducting the annual budget examination;
and
WHEREAS, N.J.A.C.
5:30-7 was adopted by the Local Finance Board on February 11, 1997; and
WHEREAS, pursuant to
N.J.A.C. 5:30-7.2 through 7.5, the Township of North Hanover has been
declared eligible to participate in the program by the Division of Local
government Services, and the Chief Financial officer has determined that
the local government meets the necessary conditions to participate in
the program for the 2020 budget year.
NOW THEREFORE BE IT
RESOLVED by the governing body of the Township of North Hanover that
in accordance with N.J.A.C. 5:30-7.6a & 7.6b and based upon the Chief
Financial Officer's certification, the governing body has found the
budget has met the following requirements:
1.
That with
reference to the following items, the amounts have been calculated
pursuant to law and appropriated as such in the budget:
a.
Payment of interest and debt redemption charges
b.
Deferred charges and statutory expenditures
c.
Cash deficit of preceding year
d.
Reserve for uncollected taxes
e.
Other reserves and non-disbursement items
f.
Any inclusions of amounts required for school
Purposes.
2.
That the provisions relating to limitation on increases of
appropriations pursuant to N.J.S.A. 40A:4-45.2 and appropriations for
exceptions to limits on appropriations found at N.J.S.A. 40A:4-45.3 et
seq., are fully met (complies with CAP law).
3.
That the budget is in such form, arrangement, and content as
required by the Local Budget Law and N.J.A.C. 5:30-4 and 5:30-5.
4.
That pursuant to the Local Budget Law:
a.
All estimates of revenue are reasonable, accurate and correctly
stated,
b.
Items of appropriation are properly set forth
c.
In itemization, form, arrangement and content, the budget will
permit the exercise of the comptroller
function within the municipality.
5.
The budget and associated amendments have been introduced and
publicly advertised in accordance with the relevant provisions of the
Local Budget Law, except that failure to meet the deadlines of N.J.S.A.
40A:4-5 shall not prevent such certification.
6.
That all other applicable statutory requirements have been
fulfilled.
BE IT FURTHER RESOLVED
that a copy of this resolution will be forwarded to the Director of the
Division of Local Government Services upon adoption.
2020-68
Resolution Authorizing Budget by Title Only
RESOLUTION 2020-68
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
AUTHORIZE READING BUDGET BY
TITLE ONLY WHEREAS, N.J.S.A. 40A:4-8, as amended by Chapter 95, P.L. 2015 provides that the Budget may be read by title only at the time of the Public Hearing if a Resolution is passed by not less than a majority of the full Governing Body, providing that at least one week prior to the date of hearing a complete copy of the Budget had been made available for public inspection and shall be made available to each person upon request.
NOW, THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of North Hanover, in the County of Burlington and State of New Jersey, as follows:
1. The Township Committee, for the aforementioned reasons, hereby determines that the Budget shall be read by title only.
Committeeman O’Donnell asked
that the following Resolutions be moved to non-consent for
Discussion:
2020-69
A Resolution Increasing Deferred Local School Tax
2020-70
A Resolution Increasing Deferred Regional School Tax
2020-71
Resolution of the North Hanover Township Committee to Extend the
Grace Period for Second Quarter 2020 Tax Payments to June 1, 2020
Pursuant to Executive Order 130
RESOLUTION 2020-71
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION OF THE NORTH HANOVER TOWNSHIP COMMITTEE TO EXTEND THE GRACE PERIOD FOR SECOND QUARTER 2020 TAX PAYMENT TO JUNE 1, 2020 PURSUANT TO EXECUTIVE ORDER 130
Whereas,
Executive Order 130 signed by Governor Phil
Murphy on April 28, 2020 authorizes the governing body of a municipality
with a calendar year budget cycle to adopt a resolution instituting a
grace period concluding on a date not later than June 1, 2020 for
payment of second quarter property taxes; and
Whereas,
Township Committee desires to extend the
grace period for the payment of second quarter property taxes to June 1,
2020.
Now, Therefore, Be It Resolved,
by the Township Committee of Township
of North Hanover, Burlington County, New Jersey, that it does hereby
authorize Mary Picariello, Tax Collector CTC, to extend the second
quarter property tax grace period to June 1, 2020.
Be It Further
Resolved
that any second quarter tax payments
received after June 1, 2020 shall accrue interest from the statutory due
date of May 1, 2020; and
Be It Further Resolved
that the Municipal Clerk shall notify the
Director of the Division of Local Government Services in the Department
of Community Affairs regarding the adoption of this resolution, not
later than the third business day next
following the Committee’s adoption of this resolution.
NON-CONSENT AGENDA
Committeeman O’Donnell
expressed his displeasure with deferring school tax.
He noted last years deferral had a purpose to pay off a bond.
He conferred with the Chief Financial Officer on this year’s
deferral and it was noted there was uncertainty of State Aid due to the
Pandemic, it was not earmarked for operations and the CFO recommended
reserving the funding in the event of a shortfall.
In light of those circumstances, he would be in favor of passing
the Resolutions. Mayor
DeBaecke concurred with Committeeman O’Donnell and also expressed his
displeasure and reiterated it would be reserve only.
Committeeman Kocubinski noted if the State Aid was not received
it would be difficult to make up the differential and the staffing was
already low to consider layoffs.
He also noted the freezing of various property tax relief
benefits.
2020-69
A Resolution Increasing Deferred Local School Tax
RESOLUTION 2020-69
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION INCREASING DEFERRED
LOCAL SCHOOL TAX
WHEREAS, under the provisions of statute, when a municipality raises school taxes on a school year basis, an amount of not more than fifty percent of the levy may be deferred to the following year, providing no requisition has been made for such amount or any portion of such amount; and
WHEREAS, the North Hanover Township School District tax is levied on a school year basis; and WHEREAS, fifty percent of the school tax levy of the North Hanover Township School District levied by the Township of North Hanover in 2019 is $1,544,472.00; and
WHEREAS, $1,514,188.00 of the above amount has previously been deferred, leaving an available balance of $30,284.00 to be deferred.
NOW, THEREFORE, BE IT RESOLVED
that the governing body of the
Township of North Hanover
hereby desires to defer additional school district tax in the
amount of $30,284.00 to the year
2019.
2020-70
A Resolution Increasing Deferred Regional School Tax
RESOLUTION 2020-70
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION INCREASING DEFERRED
REGIONAL SCHOOL TAX
WHEREAS, under the provisions of statute, when a municipality raises school taxes on a school year basis, an amount of not more than fifty percent of the levy may be deferred to the following year, providing no requisition has been made for such amount or any potion of such amount, and
WHEREAS, the Northern Burlington County Regional School District tax is levied on a school year basis, and
WHEREAS, fifty percent of the school tax levy of the Northern Burlington County Regional School District levied by the Township of North Hanover in 2019 is $1,618,903.14, and
WHEREAS, $1,447,595.00 of the above amount has previously been deferred, leaving an available balance of $171,308.14 to be deferred.
NOW, THEREFORE, BE IT RESOLVED
that the governing body of the
Township of North Hanover hereby
desires to defer additional school district tax in the amount of
$171,308.14 to the year 2019.
2020-72
A Resolution Authorizing Final Payment in Connection with
Schoolhouse Road Park Baseball/Softball Improvements
RESOLUTION 2020-72
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
A RESOLUTION AUTHORIZING FINAL
PAYMENT IN CONNECTION WITH SCHOOLHOUSE ROAD PARK BASEBALL/SOFTBALL
IMPROVEMENTS
WHEREAS, the Township of North Hanover’s Park Improvement Engineers, Environmental Resolutions Inc., has reviewed Thor Construction Group’s request for final payment in the total amount of $3,200.00, for the FY2016 Municipal Parks Grant Schoolhouse Road Park Improvements Program; and
WHEREAS, the Township's Engineer has determined that the condition of the improvement is satisfactory; and
WHEREAS, it is the recommendation of the Township’s Engineer that the Township of North Hanover authorize the release of final payment on voucher in the total amount of $3,200.00 to Thor Construction Group.; and
WHEREAS, it is the intention of the Township Committee to approve the release of final payment on voucher in the amount referenced herein, in accordance with the Township Engineer’s recommendations.
NOW THEREFORE, BE IT RESOLVED, by the Township Committee of the Township of North Hanover, that the Township authorizes the release final payment on voucher in the total amount of $3,200.00 to Thor Construction Group.
BE IT FURTHER RESOLVED that copies of this resolution shall be provided to the Finance Director and the Township Engineer for their information and attention.
DISCUSSION · 2020 NJDMAVA Memorial Day Wreath Presentation – Clerk Picariello noted the revised ceremony at the Doyle Cemetery on May 19th. Mayor DeBaecke and Committeeman Kocubinski noted they would attend. · 2020 North Hanover Twp. Memorial Day Celebration – The general consensus was to have a ceremony, at the Municipal Building Memorial, on May 25th. Mayor DeBaecke suggested a video and this would be explored further. Committeeman Doyle stated he would discuss with the Recreation Advisory Committee. Clerk Picariello noted she inquired with JBMDL to see if they would be having their ceremonies and was awaiting an answer. Deputy Mayor Doyle noted the concerns of the Recreation Advisory Committee regarding the baseball season. After discussion, there was a general consensus to not begin the season, encourage fee’s be held for the next season and refund when requested. Committeeman Kocubinski inquired about the NBIAA monies. Deputy Mayor Doyle stated that was being looked into. Deputy Mayor also noted there was concern over the annual sponsorship sign fees. After discussion, there was a consensus to cut the fee half as no decision has been made on fall sports. Clerk Picariello noted Twan Berben and Tony Benedetti were working on this and new hardware was purchased to better secure the signage.
2020 BUDGET INTRODUCTION 2020-73 Authorizing Introduction of the 2020 Municipal Budget
MOTION TO INTRODUCE
(MAYOR SETS THE PUBLIC
HEARING FOR JUNE 4, 2020)
TOWNSHIP COMMITTEE “COMMENTS” Committeeman Kocubinski stated the Governors Executive Order 130 allows us to extend the May Tax Collection to June 1st. He noted the 30 days would help some but not all. He noted this meeting was the first opportunity to take action and the Order did not allow for much time to take action. He believes it is appropriate to help where we can. Mayor DeBaecke concurred.
Mayor DeBaecke wished everyone well and hopes the virus wraps up soon. He noted the signs were promising.
PUBLIC PARTICIPATION Questions, comments or statements from members of the public in attendance.
Mayor DeBaecke opened the meeting to the public.
Ms. Marsala 42 Cromwell Drive Chesterfield Township was on the conference call and inquired as to why our Police Department was not enforcing the County Engineer’s stop work order to NJNG on Provinceline Road. Mayor DeBaecke noted this was not within North Hanover’s jurisdiction or authority and was an issue between Monmouth County, whom issued the permit, and Burlington County. He also noted the Engineer’s order was not enforceable and only a Judge’s order was enforceable. He noted the Burlington County Engineer has the right to take the matter to Court and it was a civil matter between two Counties. He also stated the Police Department was only there for the safety of the traveling public. Ms. Marsala noted she did not agree. Attorney Roselli noted it was pretty simple the order was not directed to North Hanover and the Police have no authority to enforce anything from the County Engineer.
MOTION TO CLOSE PUBLIC COMMENT Proposed By: Deputy Mayor Doyle Seconded By: Committeeman Kocubinski
EXECUTIVE SESSION RESOLUTION 2020-74 Authorizing a Closed Session Meeting to discuss the following matter(s) pursuant to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12; Personnel, Contract Negotiation and Litigation matters
RESOLUTION 2020-74
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
AUTHORIZING A CLOSED SESSION
MEETING
WHEREAS, the Open Public Meetings Act, P.L. 1975, Chapter 231 and P.L. 2001, C. 404, permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, the Township Committee of North Hanover Township wishes to go into a closed Executive Session and is of the opinion that such circumstances presently exist which should not be discussed in public, and
WHEREAS. the Open Public Meetings Act pursuant to N.J.S.A. 47:1A-1 and N.J.S.A. 10:4-12 permits the Township Committee to discuss certain matter(s) in private, and in this case for the purpose of the Township Committee to discuss contract negotiations, litigation and personnel matters in this regard.
NOW, THEREFORE, BE IT RESOLVED by Township Committee of North Hanover Township that it will go into an Executive Session for the purpose of the Township Committee to discuss Contract Matters, Litigation and Personnel matters.
BE IT FURTHER RESOLVED that the results of such discussion may be revealed at such time as the matter(s) are resolved and/or a contract(s) is signed and/or the negotiations are formally settled. Interested parties may contact the Township Clerk anytime during normal business hours for periodic updates as to the availability in this regard.
MOTION TO TABLE INDEFINTELY
BACK TO PUBLIC SESSION
MOTION TO ADJOURN
8:43 pm Proposed By: Deputy Mayor Doyle Seconded By: Committeeman Kocubinski
Respectively submitted,
________________
Mary Picariello, RMC/CMR/CTC
Township Clerk
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