Board of Health 2^nd QTR

NORTH HANOVER TOWNSHIP

TOWNSHIP COMMITTEE MEETING MINUTES

APRIL 20, 2023 7:00 P.M.

VIA CONFERENCE CALL: Dial In: 1-888-482-9769; Access Code 4493305#

OR

IN PERSON

CALL TO ORDER Mayor Forsyth called the meeting to order at 7:00 p.m.

FLAG SALUTE: Led by Mayor Forsyth

ROLL CALL: Mayor Forsyth

Deputy Mayor O’Donnell

Committeeman DeBaecke

Committeeman Doyle

Committeeman Kocubinski

Absent: None

Also Present: Township Clerk Mary Picariello and Township Attorney Mark 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 Forsyth opened the meeting to the public. There were no public comments this evening.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Committeeman DeBaecke

Seconded By: Deputy Mayor O’Donnell

REVIEW OF CORRESPONDENCE

1. Tax Collector Statement of 2022 taxes uncollectible – Clerk Picariello noted there were none.

2. BCJIF 2022 Safety Incentive Program Award – Clerk Picariello noted the award due to the performance of employees in the program.

3. Meany Road Speed limit – Resident complaint regarding the reduced speed limit was discussed.

ENGINEER’S REPORT

Engineer Hirsh was not present this evening.

DEPARTMENT REPORTS FOR MARCH 2023

1. Tax Collector

2. Construction, Zoning & Mobile Homes

3. North Hanover Court

4. Jacobstown Volunteer Fire Company

5. Fire Official

6. Police Department

MINUTES FOR APPROVAL

• April 6, 2023 – Regular Meeting

BILLS AND CLAIMS FOR APPROVAL

ORDINANCE – ADOPTION

2023-03 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 2023-03

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

CALENDAR YEAR 2023

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 1.0% 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 2023 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 1.0% increase in the budget for said year, amounting to $ 30,093.69 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 2023 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 $105,327.92, and that the CY 2023 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 DeBaecke

Seconded By: Deputy Mayor O’Donnell

MOTION TO ADOPT ORDINANCE 2023-03

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.

2023-70 Resolution Authorizing the Preparation of Estimated Tax Bills for the Year of 2023

RESOLUTION 2023-70

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A RESOLUTION AUTHORIZING THE PREPARATION OF ESTIMATED TAX BILLS FOR THE YEAR OF 2023

WHEREAS, the Division of Local Government Services, State of New Jersey has the authority by State Statue to examine, review and then certify all local government budgets to the County Board of Taxation for the purpose of real estate taxation, and

WHEREAS, the Burlington County Board of Taxation has not yet received certification of the North Hanover Township’s budget and cannot strike a tax rate until such certification is received from the State of New Jersey and will therefore cause the delay in receiving state funding, and

WHEREAS, the Township Committee has determined that there will be insufficient cash flow to support operations in August 2023 unless third quarter revenue is received on time, and

WHEREAS, the Tax Collector and the Chief Financial Officer have reviewed and computed an estimated tax levy in accordance with N.J.S.A. 54:4-66.3,

NOW THEREFORE, BE IT RESOLVED, that the Township Committee of the North Hanover Township, County of Burlington, State of New Jersey, hereby authorized that:

1. The Tax Collector is directed to prepare and issue estimated tax bills

for the Municipality of North Hanover Township for the third quarter

2023, in accordance with the provisions of N.J.S.A. 54:4-66.2et seq.

2. The entire estimated tax levy for 2023 is hereby set at $10,225,316.42

3. The Tax Collector takes any additional steps necessary to immediately

implement this resolution.

BE IT FURTHER RESOLVED, that the Municipal Clerk provides a certified copy of this resolution to the Tax Collector.

2023-71 Resolution Authorizing Refund of Overpayment of Taxes

RESOLUTION 2023-71

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 2023 taxes, in the amount of $287.92 to Thomas DiPaola, for Block 500 Lot 65 commonly known as Chesterfield-Sykesville Road.

NON-CONSENT AGENDA

2023-72 Resolution Rejecting Bids Received for the Schoolhouse Road Park Improvements

RESOLUTION 2023-72

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

RESOLUTION REJECTING BIDS RECEIVED FOR THE SCHOOLHOUSE ROAD PARK IMPROVEMENTS

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

WHEREAS, the Township of North Hanover advertised for the receipt of public bids for purposes of certain improvements to the Schoolhouse Road Park; and

WHEREAS, on April 4, 2023, the Township received one bids, as follows:

Base Bid Alt. #1 Total

Shore Top Construction Corp. $138,200.00 $8,000.00 $146,200.00

23 Yellowbrook Road

Freehold, NJ 07728

WHEREAS, upon review of the bids, the lowest bid substantially exceeds the cost estimates for goods and services provided by the Township Engineer in addition to exceeding the Township’s appropriation for the project; and

WHEREAS, N.J.S.A. 40A:11-13.2 (a) and (b) allows the governing body to reject all bids when the lowest bid substantially exceeds the cost estimates for the services and the lowest bid substantially exceeds the contracting unit’s appropriation for the goods and services; and

WHEREAS, based upon the bids received and recommendation of the Township Engineer, the Township Committee has determined to reject the bids pursuant to N.J.S.A 40A:11-13.2 (a) and (b) as the lowest bid substantially exceeds the cost estimates for the services and the lowest bid substantially exceeds the contracting unit’s appropriation for the goods and services.

NOW, THEREFORE, BE IT RESOLVED by the Township Committee of the Township of North Hanover, County of Burlington, State of New Jersey that all of the bids for the Schoolhouse Road Park Improvements be and are hereby rejected pursuant to N.J.S.A. 40A:11-13.2 (a) and (b) and that all bidders be notified accordingly.

2023-73 Resolution Authorizing Pay Estimate No. Two (2) Final to Earle Asphalt Company in Connection with the FY2021 NJDOT Municipal Aid Program Schoolhouse road Phase Three

RESOLUTION 2023-73

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A RESOLUTION AUTHORIZING PAY ESTIMATE NO. TWO (2) FINAL TO EARLE ASPHALT COMPANY IN CONNECTION WITH THE FY2021 NJDOT MUNICIPAL AID PROGRAM SCHOOLHOUSE ROAD PHASE THREE

WHEREAS, the Township of North Hanover project Engineers, Environmental Resolutions Inc., has reviewed the Earle Asphalt Company’s Payment Certificate No. 2 Final, representing the final payment in the total amount of $4,926.87, for the FY 2021 NJDOT Schoolhouse road Phase III Project; 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 $4,926.87 to Earle Asphalt Company; 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 $4,926.87 to Earle Asphalt Company.

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.

2023-74 Resolution Accepting Maintenance Bond for the FY 2021 NJDOT Schoolhouse Road Phase III

RESOLUTION 2023-74

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A Resolution Accepting Maintenance Bond FOR the FY 2021 NJDOT SCHOOLHOUSE ROAD PHASE III

WHEREAS, the project engineer, Joseph Hirsh, of Environmental Resolutions Inc. has inspected the improvements by Earle Asphalt Company for the FY2021 NJDOT Schoolhouse Road Phase III Improvements project and recommended that the final payment be released due to the posting of the following:

Maintenance Bond number K40444038M by Federal Insurance Company in the amount of $23,923.68 for the Schoolhouse Road Phase III Improvement project to expire two years from the date of July 1, 2022.

NOW THEREFORE, BE IT RESOLVED that the Township Committee of the Township of North Hanover hereby authorizes the release of the final payment and performance bond to Federal Insurance Company for the Schoolhouse Road Phase III Improvement Project due to the posting and acceptance of the bonds cited above.

DISCUSSION

Clerk Picariello informed the Township Committee of the pending two ceremonies. There was a consensus to have Mayor Forsyth and Committeeman DeBaecke attend the Parade of Wreathes ceremony and Deputy Mayor O’Donnell and Committeeman Doyle would attend the Doyle Cemetery ceremony.

TOWNSHIP COMMITTEE “COMMENTS”

Committeeman Kocubinski discussed the last meeting and the concerns over Ordinance 2017-14. He inquired of the Township Attorney the procedure. Attorney Roselli noted a sub committee should be established. There was a general consensus to have Deputy Mayor O’Donnell and Committeeman DeBaecke chair the sub-committee to review the Ordinance and make recommendations if need be.

Committeeman Doyle asked Attorney Roselli to explain our current noise ordinance due to the complaints received. Attorney Roselli stated noise ordinances bring on a lot of litigation for Municipalities. He discussed measuring decibels, weather conditions and calibration of machines. He feels our ordinance is in conformance with State laws and should remain the same. He noted a case in Hamilton Township. Committeeman Doyle noted he would check with the Police Department to get five years of statistics on complaints, but believes there won’t be many and also feels our Ordinance is sufficient.

Deputy Mayor O’Donnell noted the ambulances have been pretty busy. They are averaging 2-3 calls a day. He believes the revenue is exceeding expectations. He also noted the gas issue at the school.

PUBLIC PARTICIPATION

Questions, comments or statements from members of the public in attendance.

Mayor Forsyth opened the meeting to the public.

Ms. Nancy Morrow – Patty Drive – Ms. Morrow stated she was happy to hear the discussion regarding Ordinance 2017-14 and the establishment of the Sub-Committee. She noted there is a lot of questions regarding the Ordinance. She would like to submit questions to the sub-committee and was told absolutely. Attorney Roselli noted this was another tool for land preservation and many Towns participate.

Ms. Pamela Brandon Coley – 511 Wrightstown-Sykesville Road - Ms. Coley discussed her concerns over Ames Plaza and the old Gulf Gas Station and would like to see a grocery store. It was noted a business cannot be forced to come to North Hanover and steps have been taken to entice businesses. It was also noted when the road at JBMDL was closed, it effected the area. She also inquired about the warehouses. She was informed that the application has not yet been received and she would be notified, as a property owner.

Mr. D’Amato – 4 Birch Court – Mr. D’Amato inquired if the warehouses would cause water issues. It was explained that there are new stormwater regulations that were issued by the NJDEP and they must be followed. The water must be contained onsite. Mr. D’Amato inquired about the Ordinance 2017-17. Attorney Roselli noted it was in force until the Committee decides to address. He also inquired about forestry grants for preservation. The preservation programs were discussed.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Committeeman DeBaecke

Seconded By: Deputy Mayor O’Donnell

EXECUTIVE SESSION RESOLUTION

2023-75 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 Litigation Matter, Contract Matter, Personnel and Litigation matters

RESOLUTION 2023-75

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 Litigation Matters, 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.

Mayor Forsyth recessed the meeting at 7:49pm and reconvened at 8:09pm to continue the Board of Health meeting

MOTION TO ADJOURN

Proposed By: Committeeman DeBaecke

Seconded By: Committeeman Doyle TIME OF ADJOURNMENT: _8:10 PM

Respectively submitted,

__________________

Mary Picariello, RMC/CMR/CTC

Township Clerk