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NORTH HANOVER TOWNSHIP
TOWNSHIP COMMITTEE MEETING
MINUTES
July 1, 2021, 7:00 P.M.
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CALL TO ORDER Mayor Doyle called the meeting to order at 7:00 p.m.
FLAG SALUTE: Led by Mayor Doyle
ROLL CALL: Mayor Doyle Deputy Mayor DeBaecke 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 Doyle opened the meeting to the public. There were no public comments this evening.
MOTION TO CLOSE PUBLIC COMMENT Proposed By: Deputy Mayor DeBaecke Seconded By: Committeeman O’Donnell
REVIEW OF CORRESPONDENCE · JLUB Memorandum with regards to Ordinance 2021-04 – Clerk Picariello noted the JLUB had no recommendations and was in compliance with the Master Plan.
ENGINEER’S REPORT Engineer Hirsh reported the FY2019 Municipal Parks project would be tree clearing soon. He stated award notice was still not issued for the Local Recreation Grant. NJDOT FY 2020 grant schedule was still not issued for the punch work. The FY2022 NJDOT applications was submitted for Phase IV of Schoolhouse. Engineer Hirsh stated he further reviewed the RAISE grant criteria and was recommending not applying for this grant. He noted the Roof replacement project was waiting schedule for the soffit, fascia and gutter work. He stated the Hanover Drainage bid is due July 8th.
MINUTES FOR APPROVAL
· June 17, 2021 – Regular Meeting
· June 17, 2021 – Executive Session
BILLS AND CLAIMS FOR APPROVAL
ORDINANCE – ADOPTION 2021-04 Ordinance of the Township of North Hanover, County of Burlington, New Jersey Prohibiting the Operation of Any Class of Recreational or Medical Cannabis Businesses within its Geographical Boundaries and Amending Chapter 16, Section 16-040 of the Revised General Ordinances of the Township of North Hanover
COUNTY OF BURLINGTON
ORDINANCE NO. 2021-04
AN ORDINANCE BY THE TOWNSHIP OF
NORTH HANOVER IN BURLINGTON COUNTY, NEW JERSEY PROHIBITING THE OPERATION
OF ANY CLASS OF RECREATIONAL OR MEDICAL CANNABIS BUSINESSES WITHIN ITS
GEOGRAPHICAL BOUNDARIES AND AMENDING CHAPTER 16, §16-040 OF THE REVISED
GENERAL ORDINANCES OF THE TOWNSHIP OF NORTH HANOVER
WHEREAS,
in 2020 New Jersey voters approved Public Question No. 1, which amended
the New Jersey Constitution to allow for the legalization of a
controlled form of marijuana called “cannabis” for adults at least 21
years of age; and
WHEREAS,
on February 22, 2021,
Governor Murphy signed
into law P.L. 2021, c. 16,
known as the “New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act” (the “Act”), which legalizes
the recreational use of marijuana by adults 21 years of age or older,
and establishes a comprehensive
regulatory and licensing scheme for commercial recreational (adult use)
cannabis operations, use and possession; and
WHEREAS,
the Act establishes six marketplace classes of licensed businesses,
including:
·
Class 1
Cannabis Cultivator license, for facilities involved in growing and
cultivating cannabis;
·
Class 2
Cannabis Manufacturer license, for facilities involved in the
manufacturing, preparation, and packaging of cannabis items;
·
Class 3
Cannabis Wholesaler license, for facilities involved in obtaining and
selling cannabis items for later resale by other licensees;
·
Class 4
Cannabis Distributer license, for businesses involved in transporting
cannabis plants in bulk from on licensed cultivator to another licensed
cultivator, or cannabis items in bulk from any type of licensed cannabis
business to another;
·
Class 5
Cannabis Retailer license for locations at which cannabis items and
related supplies are sold to consumers; and
·
Class 6
Cannabis Delivery license, for businesses providing courier services for
consumer purchases that are fulfilled by a licensed cannabis retailer in
order to make deliveries of the purchases items to a consumer, and which
service would include the ability of a consumer to make a purchase
directly through the cannabis delivery service which would be presented
by the delivery service for fulfillment by a retailer and then delivered
to a consumer. WHEREAS, section 31a of the Act authorizes municipalities by ordinance to adopt regulations governing the number of cannabis establishments (defined in section 3 of the Act as “a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer”), cannabis distributors or cannabis delivery services allowed to operate within their boundaries, as well as the location manner and times operation of such establishments, distributors or delivery services, and establishing civil penalties for the violation of any such regulations; and WHEREAS, section 31b of the Act authorizes municipalities by ordinance to prohibit the operation of any one or more classes of cannabis establishments, distributors, or delivery services anywhere in the municipality; and
WHEREAS,
section 31b of the Act also stipulates, however, that any
municipal regulation or prohibition
must be adopted
within 180 days of the
effective date of the Act (i.e.,
by August 22, 2021); and
WHEREAS,
pursuant to section 31b of the Act, the
failure to do so shall
mean that for a period of five
years thereafter,
the growing, cultivating,
manufacturing, selling and reselling of cannabis and cannabis items
shall
be permitted uses in all industrial zones,
and the retail selling
of cannabis items to consumers shall
be a conditional use in all
commercial and retail
zones; and
WHEREAS,
at the conclusion of
the initial and any
subsequent five-year period
following a failure to enact local regulations or prohibitions,
the municipality shall
again have 180 days to
adopt an ordinance regulating or prohibiting cannabis businesses,
but any such
ordinance would be prospective
only and would
not apply to any cannabis
business already operating within the municipality;
and
WHEREAS, the Township Committee of the Township of North Hanover has determined that, due to present uncertainties regarding the potential future impacts that allowing one or more classes of cannabis business might have on New Jersey municipalities in general, and on North Hanover Township in particular, it is at this time necessary and appropriate, and in the best interest of the health, safety and welfare of North Hanover Township’s residents and members of the public who visit, travel, or conduct business in North Hanover Township, to amend North Hanover Township’s zoning regulations to prohibit all manner of marijuana-related land use and development within the geographic boundaries of North Hanover Township; and
WHEREAS, officials
from two prominent
non-profit organizations that have been established for the purpose of
advising New Jersey municipalities on legal matters such as have been
presented by the Act (those organizations being the New Jersey State
League of Municipalities and the New Jersey Institute of Local
Government Attorneys) have strongly urged that, due to the complexity
and novelty of the Act; the many areas of municipal law that are or may
be implicated in decisions as to whether or to what extent cannabis or
medical cannabis should be permitted for land use purposes or otherwise
regulated in any particular municipality; and the relatively short
duration in which the
Act would allow such decisions to be made before imposing an automatic
authorization of such uses in specified zoning districts subject to
unspecified conditions, the most prudent course of action for all
municipalities, whether or not generally in favor of cannabis or medical
cannabis land development and uses, would be to prohibit all such uses
within the Act’s 180-day period in order to ensure sufficient time to
carefully review all aspects of the Act and its
impacts.
NOW THEREFORE, BE IT ORDAINED, by the Township Committee of the Township of North Hanover, in the County of Burlington, State of New Jersey, that Chapter 16, §16-040 of the Revised General Ordinances of the Township of North Hanover is hereby amended as follows: (deleted sections have strikethrough; added sections are bolded and underlined):
SECTION 1.
16-040 Prohibited Use
A.
All uses not expressly permitted in this chapter shall be
prohibited. The use of
trailers as residences, trailer parks and home occupations are
specifically prohibited
uses with the township, except that home occupations are
permitted uses in all
zones except R1 and R2.
(ii)
Marijuana or cannabis cultivation facilities, marijuana or
cannabis
production or manufacturing facilities, marijuana or cannabis
testing
facilities, marijuana or cannabis wholesale or retail stores,
marijuana
or cannabis dispensaries, marijuana or cannabis delivery
services
which
are related to cannabis or marijuana for medical purposes, and
such facilities or stores that manufacture, sell or dispense
marijuana or
cannabis related paraphernalia for medical purposes, are
prohibited
from operating anywhere in the Township of North Hanover, but
not
the delivery of medical marijuana or medical cannabis related
items
and related supplies by a delivery service that emanates from
a delivery
service located outside of the municipal boundaries of North
Hanover
Township.
SECTION 3: At least three copies of said full Ordinance are on file in the Office of the Municipal Clerk for public examination and acquisition. Copies are available for inspection or acquisition during regular weekday working hours and arrangements have been made for the publication of said proposed Ordinance in pamphlet or other similar form which will be available for purchase from the Township Clerk.
SECTION 4: This Ordinance shall take effect upon final passage and publication according to law.
SECTION 5: The Township Clerk is hereby directed to give notice at least ten days prior to the hearing on the adoption of this Ordinance to the 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 public hearing thereon, the Municipal Clerk is further directed to publish notice of passage thereof and file a copy of this Ordinance as finally adopted with the County Planning Board as required by N.J.S.A. 40:55D-16 and with the Township Tax Assessor.
SECTION 6: All Ordinance or parts of Ordinances inconsistent herewith are hereby repealed.
SECTION 7: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions.
MAYOR OPENS THE MEETING TO THE
PUBLIC There were no public comments this evening.
MOTION TO CLOSE PUBLIC
HEARING Proposed By: Deputy Mayor DeBaecke Seconded By: Committeeman O’Donnell
MOTION TO ADOPT ORDINANCE 2021-04
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.
2021-99 Resolution Canceling Taxes
RESOLUTION 2021-99
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 2021 3RD $1,682.98
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.
2021-100 Resolution Authorizing Refund of Overpayment of Taxes
RESOLUTION 2021-100
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION AUTHORIZING REFUND OF OVERPAYMENT OF TAXES
BE IT RESOLVED, by the Township Committee of the Township of North Hanover that, as requested by the Tax Collector, it hereby authorizes a refund of overpayment of 2021 taxes, in the amount of $321.22 to Bell, James L & Sheryl, for Block 902 Lot 23.03 commonly known as 297 Meany Road.
2021-101 Resolution Authorizing a Street Opening Permit
RESOLUTION 2021-101
TOWNSHIP OF NORTH HANOVER
COUNTY OF BURLINGTON
RESOLUTION AUTHORIZING STREET
OPENING PERMIT
WHEREAS,
Al
Davis of Public Service Electric & Gas Co., hereinafter referred to as
“PSEG”, has submitted an application for a Street Opening Permit for 90
Provinceline Road; and
WHEREAS,
pursuant to Chapter 12 the Township Engineer, Joseph Hirsh of
Environmental Resolutions Inc. has reviewed said application and
recommends approval by the Township Committee;
and
WHEREAS,
pursuant to Chapter 19 “Fees” a fee of $50 is required prior to the
issuance of a Street Excavation Permit.
NOW, THEREFORE, BE IT RESOLVED
by the Township Committee of
the Township of North Hanover that the application for a Street
Excavation Permit to PSEG for the location known as
90 Provinceline Road is
hereby approved subject to receipt of payment of the applicable fee.
NON-CONSENT AGENDA – There were no items on the consent agenda this evening.
DISCUSSION
·
Senior Picnic – Clerk Picariello gave an
overview the annual Senior Picnic.
After discussion, there was a general consensus to schedule for
September 21st and Mayor Doyle would spear head the effort.
·
Meany Road guardrail – Engineer Hirsh noted the
damage and stated we could remove the damaged piece.
He noticed all the openings were extremely narrow.
He recommended a proper company for pricing.
Mayor Doyle also expressed some concerns regarding trees damaging
farm equipment. After
discussion, there was a general consensus to do an assessment on tree
clearing and possibly going out to bid for some clearing.
Mayor Doyle and Committeeman Forsyth would assess what was
critical.
TOWNSHIP COMMITTEE “COMMENTS” Deputy Mayor DeBaecke noted it was one year since the passing of Committeeman DeLorenzo and noted he was in his prayers.
Mayor Doyle stated the missed Committeeman DeLorenzo. He stated Durr’s Blue Box produce was now open and very nice. He thanked Committeeman O’Donnell for his work in resolving the EMS issues.
PUBLIC PARTICIPATION Questions, comments or statements from members of the public in attendance.
Mayor Doyle opened the meeting to the public.
Mr. Paul Reuter – noted Colonel Gigliotti would be changing command and stated it was the 100th Anniversary of Lakehurst. He also stated the Air Show is scheduled for 2022.
Robert Gancarz – JVFC Chief – He stated it was a busy year and noted two recent fires had fatal. He noted he received a phone call that JVFC has been awarded another grant for a foam back pack valued at $6500.00. He felt this would be beneficial if there was an issue at the Solar Fields.
MOTION TO CLOSE PUBLIC COMMENT Proposed By: Deputy Mayor DeBaecke Seconded By: Committeeman O’Donnell
EXECUTIVE SESSION RESOLUTION 2021-102 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 EMS Contract Matters, Court Personnel Matter, Personnel Matters and Litigation matters
RESOLUTION 2021-102
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 EMS Contract Matter, Court Personnel Matter, 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 ADJOURN TO ENTER INTO EXECUTIVE SESSION
7:52 pm Proposed By: Committeeman Kocubinski Seconded By: Committeeman O’Donnell
Respectively
submitted,
____________________
Mary Picariello, RMC/CMR/CTC
Township Clerk
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