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NORTH HANOVER TOWNSHIP
TOWNSHIP COMMITTEE MEETING
MINUTES
September 3, 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 Forsyth Committeeman Kocubinski
Absent: Committeeman O’Donnell
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 Forsyth
REVIEW OF CORRESPONDENCE
1.
Memorandum from JLUB with regards to Ordinances
2020-08 and 2020-09 – Clerk Picariello noted the JLUB noted the
Ordinances were in compliance with the Master Plan.
2.
JLUB Resolution 2020-12 adopting amendments to the
Housing Element & Fair Share Plan of the North Hanover Twp. Master plan
in accordance with N.J.S.A. 40:55d-28 and including therein both a
Spending Plan and Affirmative Marketing Plan – Clerk Picariello noted
the JLUB adoption of Resolution 2020-12 affirms the ordinances are in
compliance with the Master Plan.
ENGINEER’S REPORT Engineer Hirsh reported in via conference call this evening. He stated the bid for Schoolhouse Road would be due September 16th at 10 am. He noted the Hanover drainage issues would be surveyed next week.
MINUTES FOR APPROVAL
· August 20, 2020 – Regular Meeting
· August 20, 2020 – Executive Session
BILLS AND CLAIMS FOR APPROVAL
ORDINANCE – ADOPTION 2020-08 An Ordinance of the Township of North Hanover, County of Burlington, State of New Jersey, Amending the General Code of the Township of North Hanover by Repealing and Replacing Chapter 8, Section 8-070 of the Code of the Township of North Hanover Entitled “Development Fees; Low and Moderate Income Housing” and all Amendments and Revisions Thereto
MAYOR OPENS THE MEETING TO THE
PUBLIC
Attorney Roselli gave an overview of the third round affordable housing obligations and legal cases. He noted the next ordinance adoptions and several resolutions were intended to be in compliance with the judge’s orders and affordable housing obligations. He noted the hearing onSeptember 24th.
MOTION TO CLOSE PUBLIC
HEARING Proposed By: Mayor DeBaecke Seconded By: Deputy Mayor Doyle
MOTION TO ADOPT ORDINANCE 2020-08
ORDINANCE – ADOPTION 2020-09 An Ordinance of the Township of North Hanover, County of Burlington, State of New Jersey, Amending the General Code of the Township of North Hanover by Repealing and Replacing any Portion of the Township Code and/or Previously adopted Ordinances Pertaining to, Addressing or Providing for “Affordable Housing Regulations” to Address the Requirements of the Fair Housing Act and the Uniform Housing Affordability Controls (UHAC) Regarding compliance with the Township’s Affordable Housing Obligations
MAYOR OPENS THE MEETING TO THE
PUBLIC
There were no public comments this evening.
MOTION TO CLOSE PUBLIC
HEARING Proposed By: Mayor DeBaecke Seconded By: Deputy Mayor Doyle
MOTION TO ADOPT ORDINANCE 2020-09
ORDINANCE – INTRODUCTION 2020-10 An Ordinance of the Township of North Hanover, Burlington County, State of New Jersey, Amending the General Code of North Hanover Township Chapter 14 Land Use Procedures
MOTION TO INTRODUCE
SET PUBLIC HEARING FOR OCTOBER
1, 2020 AT 7:00 P.M.
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.
2020-101 Resolution Canceling Taxes
RESOLUTION 2020-101
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION CANCELING TAXES
WHEREAS, the United States Department of Veteran Affairs has classified James Bell as 100% Permanently and Totally Disabled; and
WHERAS, by application from Donald Kosul, Tax Assessor in the Township of North Hanover, the said exemption is granted from April 29, 2020; and
WHERAS, N.J.S.A. 54:4-3.30a – Allows for the exemption from taxation from real and personal property for any citizen and resident of the State who has a total or 100% permanent disability as defined by this statue.
WHEREAS, the following taxes must be canceled and any monies paid by the owner should be refunded.
THEREFORE BE IT RESOLVED, that the following taxes be canceled:
BLOCK 902 LOT 23.03 2020 $4,083.75 2021 1st Half $3,062.82
THEREFORE BE IT RESOLVED FURTHER, that a copy of this Resolution be forwarded to the Burlington County Board of Taxation, the Treasurer of Burlington County, the Municipal/Regional School Board to advise them of the action taken by the Township Committee on this matter.
NON-CONSENT AGENDA
2020-102
Resolution to Appropriate Funds or Bond in the Event of a
Shortfall in Funding for the Township’s Affordable Housing Programs
RESOLUTION 2020-102
TOWNSHIP OF NORTH HANOVER
BURLINGTON COUNTY
RESOLUTION TO APPROPRIATE FUNDS OR BOND IN THE EVENT
OF A SHORTFALL IN FUNDING FOR THE TOWNSHIP’S AFFORDABLE HOUSING
PROGRAMS
WHEREAS,
in June 2015, the Township of North Hanover (hereinafter “North Hanover”
or the “Township”) filed a Declaratory Judgment Complaint in Superior
Court, Law Division, Burlington County seeking, among other things, a
judicial declaration that its Housing Element and Fair Share Plan, to be
amended as necessary, satisfies its constitutional obligation to provide
the realistic opportunity for the development of its “fair share” of the
regional need for low and moderate income housing pursuant to the “Mount
Laurel doctrine;” and
WHEREAS, the Township
simultaneously, and ultimately secured, a protective order providing
North Hanover immunity from all exclusionary zoning lawsuits while it
pursues approval of its Housing Element and Fair Share Plan, which is
still in full force and effect; and
WHEREAS, the Township adopted
an Amended Housing Element and Fair Share Plan on September 3, 2020; and
WHEREAS, in the event funding
sources as identified in the proposed Spending Plan prove inadequate to
complete the affordable housing programs included in the Township’s
Housing Element and Fair Share Plan and any future amendments thereof,
and to the extent permitted by law,
the Township shall
provide sufficient funding to address any shortfalls.
NOW THEREFORE, BE IT RESOLVED,
by the Township Committee of the Township of North Hanover
in the County of Burlington, and the State of New Jersey that to
the extent permitted by law, the Township Committee does hereby agree to
appropriate funds or authorize the issuance of debt to fund any
shortfall that may arise in its affordable housing program, whether due
to inadequate funding from other sources or for any other reason; and
BE IT FURTHER RESOLVED that
any such shortfall shall be funded by bonding, and the Township may
repay said debt through future collections of developments fees, as such
become available, or such other financial vehicle that the Township
deems reasonable and appropriate to meet said need.
2020-103
Resolution of the Township Committee of North Hanover Township
Approving and Adopting 2015-2025 Housing Element and Fair Share Plan
Amendment and Affordable Housing Trust Fund Spending Plan
RESOLUTION 2020-103
TOWNSHIP OF NORTH
HANOVER
COUNTY OF BURLINGTON
RESOLUTION OF THE
TOWNSHIP COMMITTEE OF NORTH HANOVER TOWNSHIP APPROVING AND ADOPTING
2015-2025 HOUSING ELEMENT AND FAIR SHARE PLAN AMENDMENT AND AFFORDABLE
HOUSING TRUST FUND SPENDING PLAN
WHEREAS, the Township of
North Hanover’s previous Housing Element and Fair Share Plan is dated
December 17, 2008, and was substantively certified by the New Jersey
Council on Affordable Housing on May 14, 2009; and
WHEREAS, subsequent
thereto, the Township of North Hanover filed a Complaint for Declaratory
Judgment in June 2015, seeking a determination that it was in compliance
with the requirements of the Fair Housing Act; and
WHEREAS, the Township
entered into a settlement agreement with the Fair Share Housing Center
(FSHC) in 2016; and
WHEREAS, said settlement
agreement was amended on May 4, 2017, at which time the Honorable Ronald
Bookbinder, Assignment Judge of the Superior Court, Burlington County,
issued an Order adopting the findings and determination of the Special
Court Master, which approved the Mount Laurel Settlement Agreement and
the first amendment thereof, and required the Township to further amend
and revise its' third round Housing Element and Fair Share Plan,
including its Affordable Housing Spending Plan to conform with the
requirements of said Master's Report; and
WHEREAS, as a result,
the Township’s Joint Land Use Board duly considered the proposed
amendment to the Housing Element and Fair Share Plan of the Township of
North Hanover and the inclusion therein of a new Affordable Housing
Trust Fund Spending Plan, as set forth in Housing Element and Fair Share
Plan Amendment dated August 2020, prepared by David Gerkins, P.P., AICP
(hereinafter collectively referred to as “2020 HEFSP”); and
WHEREAS, a public
hearing was held before the North Hanover Township Joint Land Use Board
with respect to said 2020 HEFSP on August 26, 2020; and
WHEREAS, following the
conclusion of the public hearing, the North Hanover Township Joint Land
Use Board determined that the proposed amendments and appendices
included in the Township's Amended Housing Element and Fair Share Plan
of its' Master Plan was consistent with the Township's prior settlement
agreement and Order of Judge Bookbinder, and is further consistent with
the Court Master's Report of April 24, 2017; and
WHEREAS, by Resolution
No. 2020-12, adopted on August 26, 2020, the North Hanover Township
Joint Land Use Board adopted the Housing Element and Fair Share Plan
Amendment to the North Hanover Township Master Plan, including all
appendices attached thereto, including the new Spending Plan and
Marketing Plan, as set forth 2020 HEFSP; and
WHEREAS,
the Township Committee of North Hanover Township, in consultation
with its legal counsel and planning consultant, has reviewed the
above-referenced HEFSP and believes that said HEFSP is in the best
interest of the Township of North Hanover and is consistent with the
goal of meeting its constitutional obligation to provide its fair share
of affordable housing for low and moderate income persons.
NOW, THEREFORE BE IT
RESOLVED by the Township Committee of the Township of North Hanover that
based upon the recommendations of its legal counsel and planning
consultant David Gerkens, P.P., and thorough review of the HEFSP, which
includes the 2015-2025 Affordable Housing Trust Fund Spending Plan, a
copy of which is attached hereto and incorporated herein by reference,
that it does hereby approve and adopt the HEFSP, including the 2015-2025
North Hanover Township Affordable Housing Trust Fund Spending Plan.
2020-104
Resolution Adopting an Affirmative Marketing Plan for the
Township of North Hanover
2020-105
Resolution Authorizing the Acceptance of a 2020 Burlington County
Municipal Park Development Grant
RESOLUTION 2020-105
TOWNSHIP OF NORTH HANOVER
BURLINGTON COUNTY
RESOLUTION AUTHORIZING THE ACCEPTANCE OF A
2020 BURLINGTON COUNTY MUNICIPAL PARK DEVELOPMENT GRANT
WHEREAS,
the Burlington County Board of Chosen
Freeholders has approved the Open Space, Recreation, Farmland and
Historic Preservation Trust Fund (“Trust Fund”) and established a
Municipal Park Development Program (“Program”) to provide grant funds in
connection with municipal acquisition of lands for County park,
recreation, conservation and farmland preservation purposes, as well as
for municipal public park and recreation development purposes; and
WHEREAS,
the Governing Body of North Hanover Township,
Burlington County, State of New Jersey desired to obtain County
Municipal Park Development Program funds in the amount of $249,426.67
to fund Schoolhouse Road Park Improvements, Schoolhouse Road,
Jacobstown, New Jersey 08562, Block 501,Lots 18 and 36; and
WHEREAS,
the Township was not granted an
award for the 2019 Burlington County Municipal Park Development Program;
and
WHEREAS,
the Burlington County Board of
Chosen Freeholders permitted the acceptance of the non-awarded 2019
grant application submissions for consideration of a 2020 Burlington
County Municipal Park Development Program Grant; and
WHEREAS,
the Burlington County Board of
Chosen Freeholders awarded the Township a 2020 Burlington County
Municipal Park Development Program Grant in the amount of $75,000.00;
and
WHEREAS,
the Township of North Hanover is the owner of
and controls the project site.
NOW, THEREFORE, BE IT RESOLVED BY the
North Hanover Township Committee
that;
1.
Ronald DeBaecke Jr.,
Mayor, has previously been authorized to (a) make an application to the
County of Burlington for Municipal Park Development Program Funds, (b)
provide additional application information and furnish such documents as
may be required for the Municipal Park Development Program and (c) act
as the municipal contact person and correspondent of the above named
municipality;
2.
The Township of North
Hanover is committed to this project and will provide the balance of
funding necessary to complete the Schoolhouse Road Park Project
in the form of non-county matching funds as required in the
Policy and Procedures Manual for the Program; and
3.
The municipality will
use the approved funds in accordance with the Municipal Park Development
Program Policy and Procedure Manual, and applicable federal, state, and
local government rules, regulations and statutes thereto; and
4.
Ronald DeBaecke Jr,
Mayor, is hereby authorized to sign and execute any required documents,
agreements, and amendments thereto with the County of Burlington for the
approved Funds; and
5.
This resolution shall
take effect immediately.
______________________________
___________________________
Ronald DeBaecke Jr., Mayor
Mary
Picariello, Township Clerk
DISCUSSION
·
Snow Removal Bid- Clerk Picariello reported the
contract expires in November.
She reported it could be extended for an additional year or we
can rebid. The general
consensus was to extend.
·
Police Interceptor Utility Purchase – Officer in
Charge Duff provided price quotes for the purchase of a new police
vehicle and up fitting the Chief’s old vehicle for patrol.
Mayor noted the Ford Explorer seems to be the new vehicle for
police departments and wanted to bring the quotes to the Committees
attention. He would
research some more and would award at a later date.
TOWNSHIP COMMITTEE “COMMENTS” Committeeman Kocubinski discussed concerns over the Census and base housing. He noted the importance of census responses. Attorney Roselli noted it was a federal issue and the federal legislatures should assist. Mayor DeBaecke noted this would have a direct impact for North Hanover in terms of Federal funding.
Deputy Mayor Doyle noted he had not had a chance to speak with Twan concerning the Midlands and would report back. He noted he is drafting letter concerning JCPL. He also stated Movie night was scheduled for September 26th.
Mayor DeBaecke noted leaf pick-up bags would be available beginning October 13th and pick-up would be November 30th.
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: Committeeman Kocubinski Seconded By: Deputy Mayor Doyle
EXECUTIVE SESSION RESOLUTION 2020-106 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 Matters, Contract Negotiation and Litigation matters
RESOLUTION 2020-106
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 INDEFINITELY
MOTION TO ADJOURN
7:38 pm Proposed By: Deputy Mayor Doyle Seconded By: Committeeman Kocubinski
Respectively submitted,
_______________________
Mary Picariello, RMC/CMR/CTC
Township Clerk |