MINUTES - TOWN COUNCIL WORKSHOP MEETING TOWN OF BELVIDERE WARREN COUNTY, NEW JERSEY MARCH 11, 2019

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1 MINUTES - TOWN COUNCIL WORKSHOP MEETING TOWN OF BELVIDERE WARREN COUNTY, NEW JERSEY MARCH 11, 2019 Mayor Kennedy opened the workshop meeting of the Belvidere Town Council with the Pledge of Allegiance. Teresa Yeisley read the following notice in compliance with the Open Public Meetings Act: In accordance with Chapter 231 of the Public Laws of 1975, notice of this meeting was given by way of notice filed with the Star Gazette and/or the Express-Times, filed in the Municipal Clerk s Office and posted in Belvidere Town Hall, 691 Water Street, Belvidere NJ. Roll Call: Present - Mayor Kennedy, Councilman Makatura, Councilwoman Miers, Councilwoman Napolitani, Councilman Roth, Councilman Tutka, Councilman Zmigrodski Absent - None Adoption of Minutes: A motion was made by Councilwoman Miers, seconded by Councilwoman Napolitani with Councilman Makatura abstaining and all others voting yes to adopt the February 25, 2019 regular and executive meeting minutes of the Belvidere Town Council. Matters to Addressed: A motion was made by Councilman Roth, seconded by Councilwoman Miers and carried to approve raffle license application RL for the Good Will Fire Company Budget: Councilwoman Miers thanked the department heads, Council and the professionals for all their hard work on the 2019 budget and their work in making 2018 a successful year for Belvidere. John Mooney stated that he was happy to say that 2018 ended as good as anyone could have expected with the general surplus at $555,000, the sewer surplus at $61,000 and the pool surplus at $15,000. Mr. Mooney commended the governing body for adhering to their plan to become a pay as you go community and he expects Belvidere to be in an even better position in The 2019 proposed budget has a decrease in the tax rate of 1.2 cents. This will be the first decrease in the tax rate in over ten years. We will be under both caps. Mr. Mooney cautioned not to pull back too far and loose the momentum that has been created. The Town is in a position to pay off a bond ($117,000) one year early if they choose, thus saving the interest payment in One tax point in the Town of Belvidere is $12,700. Councilman Makatura advised that the School Resource Officer salary is reimbursed from the school to the general fund. Councilwoman Napolitani had nothing at this time. Councilwoman Miers had nothing at this time. Councilman Roth requested an additional $2,500 be added to the Belvidere Ambulance Corps contribution to offset the cost of mandatory Hepatitis B vaccines. Discussion ensued and Council agreed. Mayor Kennedy requested a reduction of $2,500 in the line for reserves for uncollected taxes and an addition of $2,500 to the Belvidere Ambulance Corps contribution line. Councilman Tutka commented on the pool and sewer capital surplus and the sewer cameraing project. Public Comment: Bob Piazza - fund balance Eileen Scott - pool and sewer surplus Linda Stettler - nonrecurring revenue, road repair plan Appointments: A motion was made by Councilwoman Napolitani, seconded by Councilman Roth and carried to appoint the following members to the Belvidere Environmental Commission: Bob McDonald term to expire 2021 Elizabeth Merring (alternate) term to expire 2021 Page 1 of 11

2 Authorization to Pay Purchase Orders: A motion was made by Councilwoman Miers, seconded by Councilman Roth with Councilman Tutka voting no and all others voting yes authorizing the payment of the purchase orders in the amount of $349, Resolutions: A motion was made by Councilwoman Miers, seconded by Councilman Roth with Councilman Tutka abstaining and all others voting yes to adopt Resolution No. R2019x18. RESOLUTION NO. R2019x18 TOWN OF BELVIDERE WARREN COUNTY, NEW JERSEY A RESOLUTION TO TRANSFER FUNDS BE IT RESOLVED by the Town Council of the Town of Belvidere that there are insufficient funds to meet the demands necessary for the 2018 balances in the Current Fund Budget; and WHEREAS the following accounts listed as From have sufficient excess funds to meet such demands; BE IT RESOLVED that in accordance with the provisions of R.S. 40A:4-58 the Chief Financial Officer is hereby authorized to make the following transfers: Current Fund TO: Telephone Expense 1, Public Building Maint. & Repair Police O/E 1, Bulk Purchases 4, Electricity O/E 1, Aid to Rescue Squad 30, Uniform Construction Code O/E $51, FROM: Group Insurance 35, Legal 4, Municipal Court O/E 4, Street and Roads O/E 1, Engineer 1, $51, Date: March 11, 2019 Teresa A. Yeisley, RMC/CPM Municipal Clerk/Administrator Ordinances: A motion was made by Councilwoman Miers and seconded by Councilman Zmigrodski to introduce Ordinance No. O2019x01. ORDINANCE NO. O2019x01 TOWN OF BELVIDERE WARREN COUNTY, NEW JERSEY AN ORDINANCE TO AMEND CHAPTER 160 OF THE CODE OF THE TOWN OF BELVIDERE TO ESTABLISH A NEW SCHEDULE FOR FILING FEES AND REVIEW DEPOSITS UNDER SECTION WHEREAS, the Zoning Ordinance contains requirements for filing fees and review deposits that must be submitted at the time an application is filed with the Planning Board; and Page 2 of 11

3 WHEREAS, the fee requirements are situated within Sections A and B of the Zoning Ordinance; and WHEREAS, the requirements for filing fees and review fees were established some time ago and need to be updated to reflect the work effort that must be put forth by the Town when reviewing and processing an application for development; NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Belvidere, County of Warren, State of New Jersey that Section of the Code is hereby repealed in its entirety and replaced with the following: SECTION ONE: Filing Fees and Review Documents A. Every application for development shall be accompanied by a check payable to the Town of Belvidere in accordance with the following schedule; money in excess of $5, deposited by an applicant for professional services employed by the municipality to review applications for development shall be collected, held and distributed in accordance with N.J.S.A. 40:55D-53.1 and any amendments thereto. Application Charge Escrow Amount 1. Subdivisions a) Minor Plat $200 $1,500 b) Preliminary Plat $500 $1,500 plus $75 per lot, provided a minimum $2,000 shall be deposited. c) Final Plat $300 $750 plus $75 per lot, provided a minimum $1000 shall be deposited. d) Informal Presentation (one appearance only) $100 $500 e) Concept Plat for Review (1) Minor Plat (2) Major Plat $100 $100 $500 $1,500 a) Amended Preliminary Major Subdivision $200 $2,000 b) Amended Final Major Subdivision $100 $1,000 Application Charge Escrow Amount 2. Site Plans a) Minor Plan $200 $1,500 b) Preliminary Plan $300 (Residential) $400 (Commercial) 1800/acre or part thereof, plus $75/du. in the case of multiplefamily units and/or $0.05/gross s.f. of Page 3 of 11

4 building area in the case of nonresidential buildings, provided a minimum $2000 shall be deposited. c) Final Plan $200 $900/acre or part thereof, plus $40/du in the case of multiple-family units and/or $0.025/gross s.f. of building area in the case of nonresidential buildings, provided a minimum $1000 shall be deposited. d) Informal Presentation (one appearance only) $100 $500 e) Concept Plat for Review (1) Minor Plan (2) Major Plan $100 $100 $500 $1,500 a) Amended Preliminary Major Site and/or Final Major Site Plan $200 $2, Condition Uses Not Including Required Site Plan or Subdivision Plan Review Application Charge $150 $500 Escrow Amount Application Escrow Amount Charge 4. Variances a) Appeals (40:55D-70a) $250 $1,500 b) Interpretation (40:55D-70b) Residential $250 $1,500 Commercial $500 $2,500 c) Bulk (40:55D-70c) First Variance Each Additional Variance $150 (residential) $300 (commercial) $50 $1,500 $2,500 $150 d) Use (40:55D - 70d) $250 (residential) $500 (commercial) $1,500 $2,500 e) Permit (40:55D-34 & 35) $250 $1,500 Page 4 of 11

5 f) Certification (40:55D-68) $250 $1, General Development Plans 6. Approval of Time Extension $ Appeals to Town Council $ Zone Change Request $250 $2, Certified List of Property Owners $0.25/name or $10 whichever is greater 10. Copy of Minutes Transcripts of Decisions $0.50/page 11. Subdivision Approval Certificate $50/Certificate 12. Historic Reviews $25 (residential) $75 (commercial) $75 ( Page 5 of 11

6 13. Zoning Permit a) Residential renovations/additions and accessory structures/buildings (less than $10,000) $40.00 N b) Residential renovations/additions and accessory structures/buildings (greater than $10,000) $75.00 c) New single family dwelling $ d) Commercial - New business or Change of Use $75.00 e) Commercial renovations/additions and accessory structures/buildings (less than $100,000) $ f) Commercial renovations/additions and accessory structures/buildings (greater than $100,000). $ Commercial renovations/additions and accessory structures/buildings when covered by a Site Plan Waiver per Section of the Code $ g) Commercial Signage When covered during Board review/approval When covered by Change of Message Addition of sign or change to signage $50.00 $50.00 $ h) Temporary Signs - Grand Opening Banner No Fee i) Promotional Banner 12 square feet or less 25 square feet or less Banners permitted under special events permit $20.00 $35.00 No Fee A $25.00 residential fee or $50 commercial fee will be charged for any resubmittal/amended zoning application or work commenced/done without prior zoning approval. 14. Drive-Thru Facilities For All Application Page 6 of 11

7 15. Tax Map Revision Fees In addition to the foregoing fees and escrow account deposits, a fee of $25.00, plus $10.00 per lot or unit shall be assessed for all minor and major subdivision, residential unit site plans or condominium or cooperative residential or commercial development site plans to cover the cost of revising the Town Tax Map. In the case of major subdivision approval, this fee shall be paid prior to the signing of the final plat of the major subdivision by the Chairman and Secretary of the Planning Board and the Town Engineer. In all other cases, this fee shall be paid within 30 days of the date of adoption of the Resolution of Approval. Where one application for development includes several approval requests, the sum of the individual required fees shall be paid. 16. Inspection Fees All site improvements and utility installations for site plans, subdivisions, plot plans and other realty improvements shall be inspected during the time of their installation under the supervision of the Town Engineer to insure satisfactory completion. The cost of said inspection shall be the responsibility of the owner who shall pay to the Town Treasurer a sum equal to five percent (5%) of the amount of the estimated developer construction costs as approved by the Town Engineer. B. The application charge is a flat fee to cover Town administrative expenses and is nonrefundable. C. Escrow shall be deposited with the cost of any professional services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c.291 (C.40:55D-l et seq.). Prior to an application being ruled complete, the escrow amounts set forth in Paragraph A above shall be posted. Escrow shall be posted with the Town in cash, Certified Check or Money Order. All funds shall be deposited by the Chief Finance Officer in accordance with N.J.S.A. 40:55D All professional charges for review of an application for development, review and preparation of documents or inspection of improvements shall be reasonable and necessary, given the status and progress of the application or construction. Review fees shall be charged only in connection with an application for development presently pending before the approving authority or upon review of compliance with conditions of approval, or review of requests for modification or amendment made by the applicant. A professional shall not review items which are subject to approval by any State governmental agency and not under municipal jurisdiction except to the extent consultation with a State agency is necessary due to the effect of State approvals in the subdivision or site plan. If the municipality retains a different professional or consultant in the place of the professional originally responsible for the development application review, or inspection of improvements, the municipality or approving authority shall be responsible for all time and expenses of the new professional to become familiar with the application or the project, and the municipality or approving authority shall not bill the applicant or charge the deposit or the escrow account for any such services. D. Reimbursement. The municipality shall be reimbursed for all payments to independent consultants in accordance with N.J.S.A. 40:55D If the salary, staff support and overhead for a municipal professional are provided by the municipality, the charge shall not exceed 200% of the sum of the products resulting from multiplying (1) the hourly base salary, which shall be established annually by ordinance, of each of the professionals by (2) the number of hours spent by the respective professional upon review of the application for development or inspection of the developer s improvements, as the case may be. For other professionals the charge shall be at the same rate as all other work of the same nature by the professional for the municipality when fees are not reimbursed or otherwise imposed on applicants or developers. Page 7 of 11

8 E. Definition of Professional. All escrow funds shall be utilized by the appropriate board to pay the cost of any professional fees incurred by the Board for review and/or testimony. The term professional, as used herein, shall include the services of a duly licensed engineer, surveyor, planner, attorney, appraiser or other expert who would provide professional services to insure that an application complies with the standards set forth in Town ordinances and experts whose testimony may be solicited to give further information to the Approving Board in any area addressed by any of applicant s experts. F. Refund of Escrow. The following close-out procedure shall apply to all deposits and escrow accounts established under the provisions of P.L. 1975, c.291 (c.40:55d-l et seq.) and shall commence after the approving authority has granted final approval and signed the subdivision plat or site plan, in the case of application review escrows and deposits, or after the improvements have been approved as provided in section 41 of P.L. 1975, c.291 (C.40:55D- 53), in the case of improvement inspection escrows and deposits. The applicant shall send written notice by certified mail to the chief financial officer of the municipality and the approving authority, and to the relevant municipal professional, that the application or the improvements, as the case may be are completed. After receipt of such notice, the professional shall render a final bill to the chief financial officer of the municipality within 30 days, and shall send a copy simultaneously to the applicant. The chief financial officer of the municipality shall render a written final accounting to the applicant on the uses to which the deposit was put within 45 days of receipt of the final bill. Any balances remaining in the deposit or escrow account, including interest in accordance with section 1 of P.L. 1985, c.315 (C.40:55D-53.l), shall be refunded to the developer along with the final accounting. To facilitate the release of escrow applicants are requested to submit a signed escrow release voucher with the development application. G. Reimbursement for Services. No subdivision plat or deed, or site plan, shall be signed, nor shall any zoning permits, based upon variances or interpretations of the zoning ordinance, building permits, certificates of occupancy or any other types of permits be issued with respect to any approved application for development until: (a) All bills for reimbursable services have been received by the municipality from professional persons rendering services in connection with such application; (b) The applicant has reimbursed the municipality the excess by which the amount of the bills exceeds the amount escrowed. The applicant shall place on the record its agreement to be bound by the provisions of the Town's Escrow ordinances. H. Charge for Services. No professional personnel submitting bills to the Town under this ordinance shall charge for any of the services referred to therein at any higher rate or in any different manner from that which would normally be charged to the municipality for similar work. Payment of any bill rendered by a professional to the municipality with respect to any service for which the municipality is entitled to reimbursement shall in no way be contingent upon receipt of reimbursement by the applicant, nor shall any payment for service be delayed pending reimbursement of the Town by an applicant. I. Payments. The Chief Financial Officer of the municipality shall make all of the payments to professionals for services rendered to the municipality or approving authority for review of applications for development, review and preparation of documents, inspection of improvements or other purposes under the provisions of P.L. 1975, c. 291 (C.40:55D-l et seq.). Such fees or charges shall be based upon a schedule established by resolution. The application review and inspection charges shall be limited only to professional charges for review of applications, review and preparation of documents and inspections of development under construction and review by outside consultants when an application is of a nature beyond the scope of the expertise of the professionals normally utilized by the municipality. The only costs that shall be added to any such charges shall be actual out-of- pocket expenses of any such professionals or consultants including normal and typical expenses incurred in processing Page 8 of 11

9 applications and inspecting improvements. The municipality or approving authority shall not bill the applicant, or charge any escrow account or deposit for any municipal clerical or administrative functions, over head expenses, meeting room charges or any other municipal costs and expenses except as provided herein, nor shall any municipal professional add such charges to his bill. Each payment charged to the deposit for review of applications, review and preparation of document and inspection of improvements shall be pursuant to a voucher from the professional, which voucher shall identify the personnel performing the service, and for each date the services performed, the hours spent to one-quarter hour increments, the hourly rate and expenses incurred. All professionals shall submit vouchers to the chief financial officer of the municipality on a monthly basis in accordance with schedules and procedures established by the chief financial officer of the municipality. If the services are provided by a municipal employee, the municipal employee shall prepare and submit to the chief financial officer of the municipality a statement containing the same information as required on a voucher, on a monthly basis. The professional shall send an informational copy of all vouchers or statements submitted to the chief financial officer of the municipality simultaneously to the applicant. The chief financial officer of the municipality shall prepare and send to the applicant a statement which shall include an accounting of funds listing all deposits, interest, earnings, disbursements, and the cumulative balance of the escrow account. This information shall be provided on a quarterly basis, if monthly charges are $1,000 or less, or on a monthly basis if monthly charges exceed $1,000. If an escrow account or deposit contains insufficient funds to enable the municipality or approving authority to perform required applications reviews or improvement inspections, the chief financial officer of the municipality shall provide the applicant with a notice of the insufficient escrow or deposit balance. In order for work to continue on the development or the application, the applicant shall within fourteen (14) days post a deposit to the account in an amount to be agreed upon by the municipality or approving authority and the applicant. In the interim, any required health and safety inspections shall be made and charged back against the replenishment of funds. J. Dispute of Charges. 1. An applicant shall notify in writing the governing body with copies to the chief financial officer, the approving authority and the professional whenever the applicant disputes the charges made by a professional for services rendered to the municipality in reviewing applications for development, review and preparation of documents, inspection of improvements, or other charges made pursuant to the provisions of P.L. 1975, c.291 (C.40:55D-1 et seq.) The governing body, or its designee, shall within a reasonable time period attempt to remediate any disputed charges. If the matter is not resolved to the satisfaction of the applicant, the applicant may appeal to the county construction board of appeals established under section 9 of the P.L. 1975, c.217 (C.52:27D-127) any charge to an escrow account or a deposit by any municipal professional or consultant, or the cost of the installation of improvements estimated by the municipal engineer pursuant to section 15 of P.L. 1991, c,256 (C.40:55D-53.4). An applicant or his authorized agent shall submit the appeal in writing to the county construction board of appeals. The applicant or his authorized agent shall simultaneously send a copy of the appeal to the municipality, approving authority, and any professional whose charge is the subject of the appeal. An applicant shall file an appeal within 45 days from receipt of the informational copy of the professional s voucher required by subsection c. of section 13 of P.L. 1991, c.256 (C.40:55D-53.2), except that if the professional has not supplied the applicant with an informational copy of the professionals voucher, then the applicant shall file his appeal within 60 days from receipt of the municipal statement of activity against the deposit or escrow account required by subsection c. of section 13 of P.L. 1991, c.256 (C 40: ). An applicant may file an appeal for an ongoing series of charges by a professional during a period not exceeding six months to demonstrate that they represent a pattern of excessive or inaccurate charges. An applicant making use of this provision need not appeal each charge individually. Page 9 of 11

10 2. The county construction board of appeals shall hear the appeal, render a decision thereon, and file its decision with a statement of the reasons therefore with the municipality or approving authority not later than 10 business days following the submission of the appeal, unless such period of time has been extended with the consent of the applicant. The decision may approve, disapprove, or modify the professional charges appealed from. A copy of the decision shall be forwarded by certified or registered mail to the party making the appeal, the municipality, the approving authority, and the professional involved in the appeal. Failure by the board to hear an appeal and render and file a decision thereon within the time limits prescribed in this subsection shall be deemed a denial of the appeal for purposes of a complaint, application, or appeal to a court of competent jurisdiction. 3. The county construction board of appeals shall provide rules for its procedure in accordance with this section. The board shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, and the provisions of the County and Municipal Investigations Law. P.L. 1953, c.38 (C.2A:6AA-1 et seq.) shall apply. 4. During the pendence of any appeal, the municipality or approving authority shall continue to process, hear, and decide the application for development, and to inspect the development in the normal course, and shall not withhold, delay, or deny reviews, inspections, signing of subdivision plats or site plans, the reduction or the release of performance or maintenance guarantees, the issuance of construction permits or certificates of occupancy, or any other approval or permit because an appeal has been filed or is pending under this subsection. The chief financial officer of the municipality may pay charges out of the appropriate escrow account or deposit for which an appeal has been filed. If a charge is disallowed after payment, the chief financial officer of the municipality shall reimburse the deposit or escrow account in the amount of any such disallowed charge or refund the amount to the applicant. If a charge is disallowed after payment to a professional or consultant who is not an employee of the municipality is made, the professional or consultant shall reimburse the municipality in the amount of any such disallowed charge. SECTION TWO: If any section, subdivision, paragraph, clause, or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to such section, subdivision, paragraph, clause, or provision and the remainder of this ordinance shall be deemed valid and effective. All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of such inconsistency. SECTION THREE: This Ordinance shall become effective upon final passage and publication according to law. NOTICE The foregoing ordinance was introduced at a regular meeting of the Belvidere Town Council held on March 11, 2019 and was read for the first time. This ordinance will be further considered for final adoption by the Belvidere Town Council at a meeting to be held on April 8, 2019 at Belvidere Town Hall, 691 Water Street, Belvidere, NJ at 7:00 P.M. or at any time and place to which said meeting may be adjourned. All interested persons will be given the opportunity to be heard concerning said ordinance at that time. Any member of the general public can obtain a copy of said ordinance at no cost at the Municipal Clerk s Office, 691 Water Street, Belvidere, Monday through Friday from 9:00 A.M. to 4:30 P.M. Roll call: Ayes - Councilman Makatura, Councilwoman Miers, Councilwoman Napolitani, Councilman Roth, Councilman Zmigrodski, Mayor Kennedy Nays - None Abstentions - Councilman Tutka Recusal - None Absent - None Page 10 of 11

11 Public Comment: Harry Brown - Planning and Zoning Board fees are charged to the applicant. Yvette Day - Community Prevention Resources of Warren County, drug and alcohol prevention Rheva Smickle - PD officers attendance at community lunch Executive Session: A motion was made by Councilwoman Miers, seconded by Councilwoman Napolitani and carried to adopt Resolution No. R2019x19. RESOLUTION NO. R2019x19 TOWN OF BELVIDERE WARREN COUNTY, STATE OF NEW JERSEY A RESOLUTION FOR AN EXECUTIVE SESSION WHEREAS, Section 8 of the Open Public Meetings act, Chapter 231,P.L. 1975, permits the exclusion of the public from a meeting in certain circumstances; and WHEREAS, this public body is of the opinion that such circumstances presently exist, NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Belvidere, County of Warren and State of New Jersey, as follows: 1. The public shall be excluded from discussion of and action upon the hereinafter specified subject matter; and 2. The general nature of the subject matter to be discussed is: Subject: Personnel 3. It is anticipated at this time that the above stated subject matter will be made public: When Resolved. Date: March 11, 2019 Teresa A. Yeisley, R.M.C./C.P.M. Municipal Clerk/Administrator A motion was made by Councilwoman Miers, seconded by Councilwoman Napolitani and carried to return to regular session. Kevin Benbrook advised that Council discussed the following in executive session: four-year contract with Matthew Scott, Chief of Police with directive to Councilman Makatura to proceed as discussed. A motion was made by Councilwoman Napolitani to adjourn the Council meeting at 8:34 PM. Respectfully submitted, Teresa A. Yeisley, RMC/CPM Municipal Clerk/Administrator Page 11 of 11