NORTH HANOVER TOWNSHIP

TOWNSHIP COMMITTEE MEETING MINUTES

SEPTEMBER 21, 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, with a prayer offered by Mr. Voorhees in remembrance of Brenda Odasz and Carl Schumer.

ROLL CALL: Mayor Forsyth

Deputy Mayor O’Donnell

Committeeman DeBaecke

Committeeman Doyle

Committeeman Kocubinski

Absent: None

Also Present: Township Clerk Mary Picariello and Substitute Township Attorney Steven Greigel

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 Doyle

Seconded By: Committeeman DeBaecke

REVIEW OF CORRESPONDENCE

1. NJDOT potential vehicular restriction along Route 528 – Clerk Picariello noted Plumsted Township’s request for vehicular restriction for their downtown area. It was also noted when studies are complete North Hanover Township would need to decide whether to support.

ENGINEER’S REPORT

Engineer Hirsh reported he was working on bid specifications for the Municipal Building front door replacements. He reported the tennis courts were awaiting a schedule for pickleball striping. He stated the FY2022 NJDOT project punch list items were awaiting completion. Engineer Hirsh noted he was still awaiting the FY24 NJDOT award notification. He met with the NJDOT Safe routes to school grant professionals and felt they were looking for larger projects and it appears there was a low percentage chance of North Hanover’s project being awarded.

DEPARTMENT REPORTS FOR AUGUST 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

• September 7, 2023 – Regular Meeting

BILLS AND CLAIMS FOR APPROVAL

ORDINANCE – ADOPTION

2023-12 An Ordinance of the Township of North Hanover Amending the Township’s Municipal Code for Purposes of Establishing Regulations Regarding the Feeding of Unconfined Wildlife in Public Parks or Township Owned or Operated Property

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE 2023- 12

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER AMENDING THE TOWNSHIP MUNICIPAL CODE FOR PURPOSES OF ESTABLISHING REGULATIONS REGARDING THE FEEDING OF UNCONFINED WILDLIFE IN PUBLIC PARKS OR TOWNSHIP OWNED OR OPERATED PROPERTY

SECTION 1. Purpose

The purpose of this ordinance is to prohibit the feeding of unconfined wildlife in any public park or on any other property owned or operated by North Hanover Township so as to protect public health, safety and welfare, and to prescribe penalties for failure to comply.

SECTION 2. Definitions

For this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this ordinance clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a. “Feed” means to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.

b. “Person” means any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. “Wildlife” means all animals that are neither human nor domesticated.

SECTION 3. Prohibited Conduct

a. No person shall feed, in any public park or on any other property owned or operated by Township of North Hanover any wildlife, excluding confined wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers, or feral cats as part of an approved Trap-Neuter-Release program).

SECTION 4. Enforcement

a. This ordinance shall be enforced by the Township Police Department and/or Zoning Officer of North Hanover Township.

b. Any person found to be in violation of this ordinance shall be ordered to cease the feeding immediately.

SECTION 5. Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the general penalties set forth in Section 1-035 of the Municipal Code of the Township of North Hanover.

SECTION 6. Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION 7. Effective date

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

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: Committeeman Kocubinski

MOTION TO ADOPT ORDINANCE 2023-12

ORDINANCE – ADOPTION

2023-13 An Ordinance of the Township of North Hanover Amending the Township’s Municipal Code for Purposes of Establishing Requirements to Control Littering in North Hanover Township

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE 2023-13

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER AMENDING THE TOWNSHIP MUNICIPAL CODE FOR PURPOSES OF ESTABLISHING REQUIREMENTS TO CONTROL LITTERING IN NORTH HANOVER TOWNSHIP

SECTION 1. Purpose

An ordinance to establish requirements to control littering in North Hanover Township so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2. Definitions

For this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a. Litter - any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.

b. Litter Receptacle - a container suitable for the depositing of litter.

c. Person - any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

SECTION 3. Prohibited acts and regulated activities

1. It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.

2. Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this ordinance, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this ordinance.

SECTION 4. Enforcement

This ordinance shall be enforced by the Township Police Department and/or Zoning Officer of North Hanover Township.

SECTION 5. Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the general penalties set forth in Section 1-035 of the Municipal Code of the Township of North Hanover.

SECTION 6. Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION 7. Effective date

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

MAYOR OPENS THE MEETING TO THE PUBLIC

The Mayor opened the meeting to the public. There were no public comments this evening.

MOTION TO CLOSE PUBLIC HEARING

Proposed By: Committeeman DeBaecke

Seconded By: Committeeman Kocubinski

MOTION TO ADOPT ORDINANCE 2023-13

ORDINANCE – ADOPTION

2023-14 An Ordinance of the Township of North Hanover Amending the Township’s Municipal Code for Purposes of Establishing Requirements for the Proper Handling of Yard Waste in North Hanover Township

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ORDINANCE 2023-14

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER AMENDING THE TOWNSHIP MUNICIPAL CODE FOR PURPOSES OF ESTABLISHING REQUIREMENTS FOR THE PROPER HANDLING OF YARD WASTE IN NORTH HANOVER TOWNSHIP

SECTION 1. Purpose

An ordinance to establish requirements for the proper handling of yard waste in North Hanover Township, to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2. Definitions

For purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

a. Containerized - the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.

b. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

c. Street - any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing State, county, or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.

d. Yard Waste - leaves and grass clippings.

SECTION 3. Prohibited Conduct

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this ordinance.

SECTION 4. Enforcement

This ordinance shall be enforced by the Township Police Department and/or Zoning Officer of North Hanover Township.

SECTION 5. Violations and Penalties

Any person(s) who is found to be in violation of the provisions of this ordinance shall be subject to the general penalties set forth in Section 1-035 of the Municipal Code of the Township of North Hanover.

SECTION 6. Severability

Each section, subsection, sentence, clause and phrase of this Ordinance is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

SECTION 7. Effective date

This Ordinance shall be in full force and effect from and after its adoption and any publication as may be required by law.

MAYOR OPENS THE MEETING TO THE PUBLIC

There were no public comments this evening.

MOTION TO CLOSE PUBLIC HEARING

Proposed By: Committeeman Doyle

Seconded By: Committeeman DeBaecke

MOTION TO ADOPT ORDINANCE 2023-14

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.

2023-131 Resolution Authorizing the Refund of Overpayment of Taxes

RESOLUTION 2023-131

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 $3,840.36 to Cassidy, Anthony & Amelia, for Block 604.02 Lot 9 commonly known as 259 Warren Drive.

2023-132 Resolution Authorizing the Refund of Overpayment of Taxes

RESOLUTION 2023-132

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 $2,965.68 to Joy, Robert W & Donna, for Block 604.03 Lot 16 commonly known as 268 Warren Drive.

2023-133 Resolution Amending Resolution 2023-125 entitled “Appointment of Part-Time Police Officer”

RESOLUTION 2023-133

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

RESOLUTION AMENDING RESOLUTION 2023-125 ENTITLED “APPOINTMENT OF PART-TIME POLICE OFFICER”

WHEREAS, N.J.S.A. Title 40 and Title 40A provide for the Appointment of Certain Officers, Appointees, and Employees to be appointed in Township Positions to carry out the lawful duties and responsibilities of the Township; and

WHEREAS, the Township Salary Ordinance provides for the rate of Compensation, Salary, or Wages of Certain Officers, Appointees and Employees of said Township.

NOW THEREFORE BE IT RESOLVED, that the following Officers, Appointees, and Employees are hereby appointed for their respective terms, as follows:

Part-Time Police Officer ~ Nicholas W. Cacia

Effective: September 8, 2023

Salary: $18.00 per hour

BE IT RESOLVED, that the above-named position will be compensated as per the Bargaining Agreement, Salary Ordinance and Salary Resolution.

2023-134 Resolution Accepting the 2022 Municipal Audit

RESOLUTION 2023-134

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

ACCEPTING THE 2022 MUNICIPAL AUDIT

WHEREAS, N.J.S.A. 40:A5-4 requires the Governing Body of every local unit to have made an annual audit of its books, accounts and financial transaction, and

WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered Municipal Accountant with the Municipal Clerk as per the requirements of N.J.S.A. 40A:5-6, and a copy has been received by each member of the Governing Body, and

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and

WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall, by resolution, certify to the Local Finance Board of the State of New Jersey that all members of the Governing Body have reviewed, as a minimum, the sections of the annual audit entitled: General Comments and Recommendations; and

WHEREAS, the members of the Governing Body have personally reviewed, as a minimum, the Annual Report of Audit, and specifically the sections of the Annual Audit entitled: Comments and Recommendations as evidenced by the group affidavit form of the Governing Body, and

WHEREAS, such Resolution of Certification shall be adopted by Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, and

WHEREAS, all members of the Governing Body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and

WHEREAS, failure to comply with the promulgation’s of the Local Finance Board of the State of New Jersey may subject the members of the local Governing Body to the penalty provisions of R.S. 52-27BB-52 to wit: R.S. 52:27BB-52 – “A local officer or member of a local Governing Body who, after a date fixed for compliance, fails or refuses to obey an order of the Director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon conviction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office”.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of North Hanover Township, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this Resolution and required affidavit to said Board to show evidence of said compliance.

2023-135 Resolution Authorizing Approval of Fire Company Members Enrollment into New Jersey State Fireman’s Association

RESOLUTION 2023-135

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

RESOLUTION AUTHORIZING APPROVAL OF FIRE COMPANY MEMBERS ENROLLMENT INTO NEW JERSEY STATE FIREMEN’S ASSOCIATION

BE IT RESOVLED, by the Township Committee of the Township of North Hanover that we hereby approve and authorize the following Fire Company members to enroll in the New Jersey State Firemen’s Association:

Darin Shanley Johnson

Derek Krum

BE IT FURTHER RESOLVED that the Township Committee hereby authorized the Township Clerk to certify said membership applications.

BE IT FURTHER RESOLVED that a copy of this Resolution be forwarded to the following:

1. Fire Chief

NON-CONSENT AGENDA

2023-136 Resolution Authorizing Pay Estimate No. One to Earle Asphalt Company in Connection with the NJDOT FY2022 Schoolhouse Road Phase IV Improvement Project

RESOLUTION 2023-136

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A RESOLUTION AUTHORIZING PAY ESTIMATE NO. ONE TO EARLE ASPHALT COMPANY IN CONNECTION WITH THE NJDOT FY 2022 SCHOOLHOUSE ROAD PHASE IV IMPROVEMENT PROJECT

WHEREAS, the Township of North Hanover’s Engineers, Environmental Resolutions, Inc., has reviewed the Earle Asphalt Company. Payment Certificate No. 1, representing payment in the total amount of $131,748.71, for the Schoolhouse Road Phase IV Road Improvement 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 the payment on voucher in the total amount of $131,748.71 to Earle Asphalt Company; and

WHEREAS, it is the intention of the Township Committee to approve the release of the 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 payment in the total amount of $131,748.71 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.

2023-137 Resolution Authorizing Pay Estimate No. One to Shore Top Construction Corp. in Connection with the Rebid - Schoolhouse Park Improvement Project

RESOLUTION 2023-137

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

A RESOLUTION AUTHORIZING PAY ESTIMATE NO. ONE TO SHORE TOP CONSTRUCTION CORP. IN CONNECTION WITH THE REBID- SCHOOLHOUSE PARK IMPROVEMENT PROJECT

WHEREAS, the Township of North Hanover’s Engineers, Environmental Resolutions, Inc., has reviewed the Shore Top Construction Corp. Payment Certificate No. 1, representing payment in the total amount of $88,150.41, for the Schoolhouse Park Improvement 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 the payment on voucher in the total amount of $88,150.41 to Shore Top Construction Corp..; and

WHEREAS, it is the intention of the Township Committee to approve the release of the 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 payment in the total amount of $88,150.41 to Shore Top Construction Corp.

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

There were no discussion items this evening.

TOWNSHIP COMMITTEE “COMMENTS”

Committeeman Kocubinski noted the Senior picnic was a pleasure. He stated the Chef did a great job making Jersey Burgers. He noted there were about 40 people.

Committeeman DeBaecke noted he enjoyed the picnic also. He thanked Mr. Voorhees for his acknowledgment of those that have passed.

Deputy Mayor O’Donnell noted he enjoyed the Senior Picnic.

Mayor Forsyth thanked Deputy Mayor O’Donnell for helping to shop for the picnic. He noted it was a pleasure. He also thanked the Recreation Committee for the movie night and stated the fireworks were a good show. He also noted the Clean Up day will be October 7^th 8am until Noon.

PUBLIC PARTICIPATION

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

Mayor Forsyth opened the meeting to the public.

Mr. Voorhees inquired about a grant along the old railroad tracks. Engineer Hirsh noted the current grant that was discussed was for safe routes to school. He would keep an eye out for any trail grants that could be available.

MOTION TO CLOSE PUBLIC COMMENT

Proposed By: Mayor Forsyth

Seconded By: Committeeman Doyle

EXECUTIVE SESSION RESOLUTION

2023-138 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 Matter, Personnel and Litigation matters

RESOLUTION 2023-138

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 Personnel 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.

MOTION TO ADJOURN TO ENTER INTO EXECUTIVE SESSION 7:28 pm

Proposed By: Committeeman Kocubinski

Seconded By: Committeeman DeBaecke

Respectively submitted,

_________________________

Mary Picariello, RMC/CMR/CTC

Township Clerk