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Board of Health 4TH QTR
NORTH HANOVER TOWNSHIP
TOWNSHIP COMMITTEE MEETING
MINUTES
October 15, 2020, 7:00 P.M.
VIA
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REGISTER EMAIL: CLERK@NORTHHANOVERTWP.COM
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 Forsyth Committeeman Kocubinski Committeeman O’Donnell
Absent: None
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: Deputy Mayor Doyle Seconded By: Committeeman O’Donnell
REVIEW OF CORRESPONDENCE There was no correspondence this evening.
ENGINEER’S REPORT Engineer Hirsh reported that the preconstruction meeting for the 2020 NJDOT project was scheduled for October 20th. He noted he received one quote for the Sykesville Road drainage work and was requesting pricing for the Hanover Drive manhole. He stated he spoke with Upper Freehold and the clerk would be looking at the agreement. He noted he measured the right of way and it is part of the agreement.
DEPARTMENT REPORTS FOR
SEPTEMBER 2020
a.
Tax Collector
b.
Construction, Zoning & Mobile Homes
c.
North Hanover Courts
d.
Jacobstown Volunteer Fire Company
e.
Police Department
MINUTES FOR APPROVAL
· October 1, 2020 – Regular Meeting
BILLS AND CLAIMS FOR APPROVAL
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.
2020-117 Resolution Authorizing the Municipal Clerk to Execute and Distribute Mercantile Applications and Licenses for 2021
RESOLUTION 2020-117
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION AUTHORIZING THE
MUNICIPAL CLERK TO EXECUTE AND DISTRIBUTE MERCANTILE APPLICATIONS AND
LICENSES FOR 2021
WHEREAS, pursuant to North Hanover Township Municipal Code Chapter 4:030 each business must obtain an annual license of which expires December 31st of the licensing year; and
WHEREAS, the Municipal Clerk is tasked with the maintenance, distribution and execution of all such business licenses for North Hanover Township pursuant to the provisions of Chapter 4:030 of the Municipal Code of North Hanover Township and with the consent of the Township Committee.
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of North Hanover that it hereby authorizes the Municipal Clerk to distribute the annual Mercantile License Applications and to then execute them based upon the provisions as set forth in Chapter 4:030 of the Municipal Code of North Hanover Township.
2020-118
Resolution of the Township of North Hanover Regarding Emergency
Remote Meeting Protocol, Procedures and Requirements for Public
Participation at Remote Meetings
RESOLUTION 2020-118
TOWNSHIP OF NORTH HANOVER
BURLINGTON COUNTY
RESOLUTION OF THE TOWNSHIP OF NORTH HANOVER REGARDING EMERGENCY
REMOTE MEETING PROTOCOL, PROCEDURES AND REQUIREMENTS FOR PUBLIC
PARTICIPATION AT REMOTE MEETINGS
WHEREAS, the purpose of N.J.A.C. 5:39-1 et seq, Emergency Remote Meeting Protocol for Local Public Bodies, is to ensure that local public bodies can continue to conduct official business in an open and transparent manner whenever a declared emergency exists that prohibits physical attendance by members of the public; and
WHEREAS, a “Declared Emergency” means a public health emergency pursuant to the Health Powers Act (N.J.S.A. 26:13-1 et seq.), or a state of emergency, pursuant to P.L. 1942, c. 251 or both, or a state of local disaster emergency which has been declared by the Governor and is in effect; and
WHEREAS, N.J.A.C. 5:39-1.3 permits a local public body to hold a remote public meeting to conduct public business during a declared emergency if the emergency reasonably prevents a local public body from safely conducting public business at a physical location with members of the public present; and
WHEREAS, if during a declared emergency the Township of North Hanover (the “Township”) holds a physical meeting in a location where, pursuant to State/Federal guidelines meant to mitigate risk, capacity restrictions are required to reduce the number of individuals that can be present in a meeting, the Township Committee shall either: 1) Hold the public meeting at another location with adequate capacity for the reasonable expected attendance by the public; or 2) Hold the public meeting as both an in-person and a remote public meeting; and
WHEREAS, no in person meeting shall proceed if the room capacity does not permit any member of the public to attend; and
WHEREAS, a public meeting held in person shall not prohibit members of the public from attending in person; and
WHEREAS, pursuant to N.J.A.C. 5:39-1, if the Township holds a remote meeting to conduct public business they shall use electronic communication technology routinely used in business settings that can be accessed by the public at no cost and with participant capacity consistent with the reasonable expectations of the public body for the type of public meeting being held and shall, at minimum, not be limited to fewer than 50 public participants (beyond those persons required to conduct business at the meeting); and
WHEREAS, remote public meetings may be held by the Township in a format as selected by the governing body, by means including but not limited to, audio-only teleconferencing and shall, additionally, provide a telephonic conference line to allow members of the public to dial in by telephone to listen and to provide public comment; and
WHEREAS, when the Township holds a remote public meeting, they shall allow members of the public to make public comment by audio; and
WHEREAS, any remote public meeting where sworn testimony is being taken shall be broadcast by audio and all individuals giving sworn testimony shall appear, at a minimum by audio; and
WHEREAS, any presentation or documents that would otherwise be viewed or made available to members of the public physically attending a local public meeting shall be made available on the internet website of the Township; and
WHEREAS, in addition to making public comments at any remote public meeting, the Township Committee, in advance of the remote meeting shall allow public comments to be submitted to the Clerk by electronic mail and in written letter form by a reasonable deadline as shall be established and posted on the website in advance of the remote public meeting; and
WHEREAS, public comments submitted prior to the remote public meeting through electronic or regular mail shall be read aloud and addressed during the remote public meeting in a manner audible to all meeting participants and the public; and
WHEREAS, a reasonable time limit shall be placed on the reading of written comments, which shall be read from their beginning until the time limit is reached; and WHEREAS, written comments will not be read aloud for any member of the public that submits a written comment in advance of the Committee meeting, who then elects to speak during public comment portion of the meeting; and WHEREAS, the electronic communications used for a remote public meeting may have a function that allows the Township to mute the audio of all members of the public as well as allow members of the public to mute themselves and same shall be announced at the beginning of every remote public session; and
WHEREAS, adequate notice of the remote public meeting shall also include, in addition to the OPMA requirements of N.J.S.A. 10: 4-8, clear and concise instructions for accessing the remote public meeting, the means for making public comment and how to access any public documents on their internet website; and
WHEREAS, at the commencement of a remote public meeting the Mayor, or the Mayor’s designee, shall announce publicly and shall cause to be entered into the minutes an accurate statement regarding adequate and electronic notice or an explanation of the reason or reasons it was not adequately provided as set forth in N.J.A.C. 5:39-1.5(g); and
WHEREAS, prior to the commencement of a remote public meeting the Township Committee shall make a copy of the agenda available to the public for download on the website and shall post same at the building where the meeting would otherwise be held, including posting of same at any designated and clearly delineated handicap access entrance to the building; and
WHEREAS, in support of and respect for an open, fair, and informed decision-making process, the Township Committee recognizes that civil, respectful, and courteous discourse and behavior are conducive to the democratic and harmonious airing of concerns and decision making; and
WHEREAS, in an effort to preserve the intent of open government and maintain a positive environment for citizen input and Township Committee decision making, it has been decided that policies and rules should be established to promote civility and maintain decorum at local public meetings and remote public meetings in accordance with N.J.A.C. 5:39-1.4 (f)-(h); and
WHEREAS, if a member of the public becomes disruptive during a remote public meeting, including during any period for public comment, the Mayor, or Mayor’s designee, shall mute or continue muting, or direct appropriate staff to mute or continue muting, the disruptive member of the public and warn that continued disruption may result in their being prevented from speaking during the remote public meeting or removed from the remote public meeting; and
WHEREAS, disruptive conduct at a public or remote public meeting includes sustained inappropriate behaviors such as, but not necessarily limited to, shouting, interruption, and use of profanity; and
WHEREAS, any member of the public who continues to act in a disruptive manner at a remote public meeting after receiving an initial warning, may be muted while other members of the public are allowed to proceed with their questions or comments; and
WHEREAS, if time permits, the disruptive individual may be allowed to speak after all other members of the public have been given the opportunity to make comment and, if the person still remains disruptive, the individual may be muted or kept on mute for the remainder of the remote public meeting, or removed from the remote public meeting; and
WHEREAS, the content of the electronic notice shall be posted in the area of the Municipal Building where the public would routinely attend public meetings of the local public body in person and the notice must be viewable from the outside; and
NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of North Hanover that the standards and procedures for emergency remote meeting protocol as set forth in this resolution and as codified in N.J.A.C. 5:39-1 et seq. are hereby established and adopted; and
BE IT FURTHER RESOLVED
that procedures and requirements for public participation
are hereby established and adopted in order to safeguard public
participation in any public or remote public meetings in the Township of
North Hanover and shall apply to all members of the public in attendance
at any public or remote public meeting in the Township of North Hanover.
NON-CONSENT AGENDA There were no items this evening.
DISCUSSION There were no items for discussion.
TOWNSHIP COMMITTEE “COMMENTS” Committeeman Forsyth stated he spoke with the owners of the property, for the proposed snow fencing. He stated they are willing to sign an agreement. He noted he would be picking up snow fencing shortly.
Mayor DeBaecke stated Clean-Up day was a success. There was a lot of dumpsters filled.
PUBLIC PARTICIPATION Questions, comments or statements from members of the public in attendance.
Mayor DeBaecke opened the meeting to the public. There were no public comments this evening.
MOTION TO CLOSE PUBLIC COMMENT Proposed By: Mayor DeBaecke Seconded By: Committeeman O’Donnell
EXECUTIVE SESSION RESOLUTION 2020-119 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 JVFC Potential Litigation, Contract Matters, Personnel Matters and Litigation matters
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 JVFC Potential Litigation, 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.
BACK TO PUBLIC SESSION
MOTION TO ADJOURN
7:21 pm Proposed By: Deputy Mayor Doyle Seconded By: Committeeman O’Donnell
Respectively submitted,
_______________________
Mary Picariello, RMC/CMR/CTC
Township Clerk
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