NORTH HANOVER TOWNSHIP

TOWNSHIP COMMITTEE MEETING MINUTES

APRIL 4, 2024 7:00 P.M.

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

OR

IN PERSON

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

FLAG SALUTE: Led by Mayor DeBaecke

INVOCATION; Mr. Wayne Voorhees offered prayers to those affected by the recent storms, earthquakes and fires.

ROLL CALL: Mayor DeBaecke

Deputy Mayor O’Donnell

Committeeman Doyle

Committeeman Forsyth

Committeeman Kocubinski

Absent: None

Also Present: Township Clerk Mary 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: Committeeman Doyle

Seconded By: Mayor DeBaecke

REVIEW OF CORRESPONDENCE

There was no correspondence this evening.

ENGINEER’S REPORT

Engineer Hirsh was not present this evening but did submit a written report. Clerk Picariello reviewed. She noted the Mayor has issued a letter to Upper Freehold regarding the Ellisdale/Provinceline Road intersection. She stated a request for quotes to repair the piping at 6 Laurel Drive has been issued. It was also noted the Public Works contractor would be doing the repair at 19 Myron. The FY2019 Municipal Parks Grant project would be going out to bid in early April. The FY24 LRIG/CDBG grant awards have yet to be announced. The NJDOT FY22 would be closing out next meeting. The NJDOT FY23/24 bids came in. The Engineer would be requesting a scope modification in order to move forward. The anticipated repair for the Larrison Road inlet and headwall will be part of the NJDOT projects.

MINUTES FOR APPROVAL

• March 21, 2024 – Regular Meeting

BILLS AND CLAIMS FOR APPROVAL

ORDINANCE – ADOPTION

2024-03 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 2024-03

COUNTY OF BURLINGTON

TOWNSHIP OF NORTH HANOVER

CALENDAR YEAR 2024

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 2024 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 $ 30,608.72 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 2024 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 $107,130.52, and that the CY 2024 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: Mayor DeBaecke

Seconded By: Committeeman Kocubinski

MOTION TO ADOPT ORDINANCE 2024-03

Attorney Roselli noted the next three ordinances are being imposed on the Township due to the MS4 permit change from Tier B to Tier A. He noted the templates that were provided are the minimum standards required by the NJDEP. Mayor DeBaecke stated these Ordinances are being forced upon us by the State and people who are not familiar with Rural Communities and come from more Urban areas. He noted there is not an understanding of how things work in a rural community. It is very unfortunate. He noted the tree ordinance is very disturbing. Mayor DeBaecke inquired what would happen if it was voted down. Attorney Roselli stated that would best be answered by Engineer Hirsh as it is a requirement for the MS4 permit. He would imagine fines could be issued. He stated the entire State is now Tier A. He believes the intent is to deter clear cutting trees. He noted there were exceptions. Mayor DeBaecke expressed concerns over farmers. Attorney Roselli noted there were some exceptions. Committeeman Forsyth expressed concerns over hedgerow clearing. Committeeman Kocubinski noted there were many more important issues than this. Attorney Roselli noted this was unfortunate. Committeeman Doyle noted he does not believe he can support it. Attorney Roselli noted his professional counsel was to adopt it.

ORDINANCE – INTRODUCTION

2024-04 An Ordinance of the Township of North Hanover, Burlington County, State of New Jersey Amending the Township’s Municipal Code for the Purposes of Regulating Private Storm Drain Inlet Retrofitting

ORDINANCE NO. 2024-04

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, COUNTY OF BURLINGTON, STATE OF NEW JERSEY AMENDING THE TOWNSHIP’S MUNICIPAL CODE FOR PURPOSES OF REGULATING ILLICIT CONNECTIONS

SECTION 1. Purpose

To prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Township of North Hanover so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2. Definitions

For the purpose 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.

a. Domestic sewage - waste and wastewater from humans or household operations.

b. Illicit connection – any physical or non-physical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the [insert name of municipality], unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Non-physical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.

c. Industrial waste - non-domestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 U.S.C. §1317(a), (b), or (c)).

d. Municipal separate storm sewer system (MS4)– a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by [insert name of municipality] or other public body, and is designed and used for collecting and conveying stormwater.

e. NJPDES permit – a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A

f. Non-contact cooling water - water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.

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

h. Process wastewater - any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.

i. Stormwater – water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

SECTION 3. Prohibited Conduct

No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Township of North Hanover any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).

SECTION 4. Enforcement

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

SECTION 5. Penalties

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, 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.

MOTION TO INTRODUCE

SET PUBLIC HEARING FOR APRIL 18, 2024 AT 7:00 P.M.

ORDINANCE – INTRODUCTION

2024-05 An Ordinance of the Township of North Hanover, Burlington County, State of New Jersey Amending the Township’s Municipal Code for the Purposes of Regulating Illicit Connections

ORDINANCE NO. 2024-05

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

AN ORDINANCE OF THE TOWNSHIP OF NORTH HANOVER, COUNTY OF BURLINGTON, STATE OF NEW JERSEY AMENDING THE TOWNSHIP’S MUNICIPAL CODE FOR PURPOSES OF REGULATING PRIVATE STORM DRAIN INLET RETROFITTING

SECTION 1. Purpose

To require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Township of North Hanover so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

SECTION 2. Definitions

For the purpose 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. Municipal separate storm sewer system (MS4) – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by North Hanover Township or other public body, and is designed and used for collecting and conveying stormwater.

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

c. Storm drain inlet- an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

d. Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

SECTION 3. Prohibited Conduct

No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

1. Already meets the design standard below to control passage of solid and floatable materials; or

2. Is retrofitted or replaced to meet the standard in Section 4 below prior to the completion of the project.

SECTION 4. Design Standard

Storm drain inlets identified in Section 3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subparagraph 3 below.

1. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

a. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

b. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

2. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches or be no greater than two (2.0) inches across the smallest dimension.

3. This standard does not apply:

a. Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

b. Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed,

at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i. A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

ii. A bar screen having a bar spacing of 0.5 inches.

c. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars; or

d. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

SECTION 5. Enforcement

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

SECTION 6. Penalties

Any person(s) who continues to be in violation of the provisions of this ordinance, after being duly notified, shall be subject to the general penalties set forth in Section 1-035 of the Municipal Code of the Township of North Hanover.

SECTION 7. 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 8. 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.

MOTION TO INTRODUCE

SET PUBLIC HEARING FOR APRIL 18, 2024 AT 7:00 P.M.

ORDINANCE – INTRODUCTION

2024-06 An Ordinance of the Township of North Hanover, Burlington County, State of New Jersey Amending the Township’s Municipal Code for the Purposes of Establishing Requirements for Tree Removal and Replacement within the Township of North Hanover

MOTION TO INTRODUCE

INTRODUCTION FAILED

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.

NONE

NON-CONSENT AGENDA

2024-64 Resolution Authorizing Purchase of Computer Equipment from Dell NASPO Computer Equipment under State Contract No. M0483

RESOLUTION 2024-64

TOWNSHIP OF NORTH HANOVER

COUNTY OF BURLINGTON

AUTHORIZING PURCHASE OF COMPUTER EQUIPMENT FROM DELL NASPO COMPUTER EQUIPMENT UNDER STATE CONTRACT NO. M0483

WHEREAS, the Township of North Hanover, pursuant to N.J.S.A.40A:11-12(a) and N.J.A.C. 5:34-7.29(C), may without advertising for bids, purchase any goods or services under any contract or contracts for such goods or services entered into on behalf of the State of New Jersey by the Division of Purchase and Property in the Department of Treasury; and

WHEREAS, the Township has reviewed the State contracts for the purchase of a Computer Equipment in the amount of $4,790.94 from Dell Naspo Computer Equipment having an address at One Dell Way, Round Rock, TX 78682 under State Contract #M0483 and in accordance with the written quotation received and on file with the Information Technology, CFO and Clerk; and

WHEREAS, the Township of North Hanover has sufficient funds in place as evidenced by the Chief Financial Officer certification of the availability of funds on file with the Finance Department.

NOW THEREFORE, BE IT RESOLVED by the Township Committee of the Township of North Hanover, County of Burlington County, State of New Jersey that is does hereby authorize and approve the purchase of a Computer equipment from Dell Naspo having an address at One Dell Way, Round Rock, TX 78682 under State Contract #M0486, in the amount of $4,790.94 and in accordance with the written quotation of file with the Information Technology, CFO and Municipal Clerk.

BE IT FURTHER RESOLVED that the Chief Financial Officer is hereby authorized to issue said purchase order to Dell Naspo, One Dell Way, Round Rock, TX 78682 on behalf of the Township.

DISCUSSION

• JBMDL Parade of Wreaths Ceremony – Clerk Picariello noted the parade of wreaths ceremony will be held May 23^rd. There was a general consensus to have Mayor DeBaecke and Committeeman Kocubinski attend the parade of wreathes. There was a general consensus that all Committee members would be attending the Doyle cemetery ceremony.

TOWNSHIP COMMITTEE “COMMENTS”

Committeeman Kocubinski noted the Easter Egg Hunt went well and was a good turnout. He noted dirt was needed for the pitchers mound. Clerk Picariello noted it was being handled.

Committeeman Forsyth apologized for missing Chief Duff’s send off as he was unable to attend. In addition, he offered congratulations to Officer in Charge Rich Mellor.

Committeeman Doyle expressed concern over Cookstown-Jacobstown Road condition and wants the County to address. Committeeman Forsyth noted Herman’s also called the county. He also inquired if the Engineer had looked at Larrison Road. Clerk Picariello stated it was the Engineer’s intent to come out and do some measurements. He stated he saw Dittmer did a nice job cleaning up the roads of debris from the storms.

Deputy Mayor O’Donnell noted the vacancy in the Municipal court.

Mayor DeBaecke stated he was pleased the egg hunt went well and thanked the Recreation Advisor Committee. He acknowledged Chief Duff’s retirement and he noted congratulations to Sergeant Mellor and stated the department was in good hands.

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 Kocubinski

EXECUTIVE SESSION RESOLUTION

2024-65 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; Contract Matters, Personnel and Litigation matters

RESOLUTION 2024-65

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.

TABLED INDEFINITLEY

MOTION TO ADJOURN 7:28 pm

Proposed By: Committeeman Doyle

Seconded By: Committeeman Forsyth

Respectively submitted,

_________________________

Mary Picariello, RMC/CMR/CTC

Township Clerk