Mayor and Council Agenda

CLINTON TOWN COUNCIL February 26, 2025 7:00 P.M. Amended 2/24/25 FLAG SALUTE ROLL CALL STATEMENT OF ADEQUATE NOTICE 1. APPROVAL OF MINUTES: REGULAR MEETING OF FEBRUARY 12, 2025 2. PUBLIC COMMENTS 3. MAYOR’S COMMENTS - RESIGNATION OF JUDY LILIEN FROM THE BOARD OF HEALTH 4. SWEARING IN OF POLICE OFFICER STEPHEN DAVIS 5. RESOLUTION #68-25 RESOLUTION APPOINTING POLICE OFFICER MATTHEW ELLIS TO SERGEANT 6. SWEARING IN OF NEW TOWN CLERK SUZANNAH GIVONE 7. SPECIAL EVENT – BANNER – HUNTERDON LIBRARY BOOK SALE 8. SPECIAL EVENT – LOBSTER, STEAK AND STREET FESTIVAL 9. REFUND- TEMPORARY FOOD LICENSE – HORSIN AROUND COFFEE 10. REFUND- WATER – KELLY PACHUTA 11. REFUND- WATER- KELLY BRENNAN 12. INTRODUCTION OF ORDINANCE #25-01 – AMENDING ADMINISTRATIVE CODE CHAPTER 75 FILM ORDINANCE 13. RESOLUTION #64-25 RESOLUTION TO SUPPORT PUBLISHING LEGAL NOTICES ON OFFICIAL GOVERNMENT WEBSITES 14. RESOLUTION #65-25 DISABLED VETERAN EXEMPTION 15. RESOLUTION #66-25 RESOLUTION AUTHORIZING THE EXECUTION OF A SEWER AGREEMENT FOR SPRUCE RUN DEVELOPMENT 16. RESOLUTION #67-25 RESOLUTION AUTHORIZING ADMINISTRATION TO SIGN TWA DOCUMENTS FOR SPRUCE RUN DEVELOPMENT 17. RESOLUTION #69-25 RESOLUTION APPROVING UNPAID LEAVE OF ABSENSE FOR JEFFREY DYSART 18. RESOLUTION #70-25 RESOLUTION IN SUPPORT OF SENATE BILL S2385 INCREASE TUITION CREDIT AMOUNT UNDER VOLUNTEER TUITION CREDIT PROGRAM 19. RESOLUTION #71-25 RESOLUTION IN SUPPORT OF SENATE BILL S4048 PROHIBITS THE CONSTRUCTION OF LARGE WAREHOUSE WITHIN 1,000 FEET OF A HISTORIC DISTRICT 20. CORRESPONDENCE 21. REPORTS OF COUNCIL 22. STANDBY AND OVERTIME 23. PAYMENT OF BILLS 24. EXECUTIVE SESSION – IF NECESSARY 25. ADJOURNMENT  TOWN OF CLINTON HUNTERDON COUNTY RESOLUTION #64-25 RESOLUTION TO SUPPORT PUBLISHING LEGAL NOTICES ON OFFICIAL GOVERNMENT WEBSITES WHEREAS, the sunset provision of March 1, 2025, imposed under P.L. 2024 c.106 is fast approaching in what was a temporary solution that allowed local governments to comply with the public notice requirements under the law in time for annual reorganization meetings in January; and WHEREAS, local government officials serve as the stewards of property taxpayer dollars and should no longer be required to subsidize the newspaper industry with revenues collected from publishing legal notices in the press; and WHEREAS, long before NJ Advanced Media’s announcement that it was terminating daily print publications in January of 2025, local government officials found it increasingly difficult to comply with the public notice requirements under the law as the media has become almost exclusively digitized and struggled to retain staff, resources, and publications; and WHEREAS, legislation that will authorize local governments to publish legal notices on a local government’s official website will streamline an antiquated and overly burdensome process and save valuable time, resources, and property taxpayer dollars; and NOW, THERFORE, BE IT RESOLVED that the Town of Clinton, County of Hunterdon, State of New Jersey does in fact, hereby urge state leaders to pass legislation that will authorize municipalities, counties, school districts, and all local governments to publish legal notices in a clear, transparent, and timely manner on a local government’s official website. BE IT FURTHER RESOLVED that a copy of this Resolution shall be sent to Governor Phil Murphy, Senate President Nicholas Scutari, Speaker of the General Assembly Craig Coughlin, Senator Andrew Zwicker, Assemblymembers Mitchelle Drulis and Roy Frieman, and the New Jersey State League of Municipalities. Mayor Janice Kovach Adopted: February 26, 2025 ATTEST: Cecilia Covino, RMC, CMC Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION # 65-25 RESOLUTION REFUNDING PROPERTY OWNER’S MORTGAGE COMPANY DUE TO DISABLED VETERAN EXEMPTION WHEREAS, Owner of property located at 59 West Main Street, Block 26 Lot 6, in the Town of Clinton was declared 100% disabled by the Veteran’s Administration on January 16, 2025, effective March 23, 202; and WHEREAS, owner made application to the Town of Clinton on January 28, 2025 for tax exempt status; and WHEREAS, the Town of Clinton Tax Assessor changed the necessary status on this property and owner of 59 West Main Street will be listed as tax exempt; and WHEREAS, Owner’s mortgage company had paid the first quarter taxes due February 1, 2025. NOW, THEREFORE RESOLVED, by the Mayor and Council of the Town of Clinton that the Chief Financial Officer be authorized to issue a check to owner’s mortgage company (Corelogic) in the amount of $1,817.57 and remove the amount of 2,638.24 for 2nd quarter due May 1, 2025 and the remaining quarters abated. I, Cecilia Covino, Clerk of the Town of Clinton, do hereby certify the foregoing to be a true copy of a resolution adopted by the Town of Clinton Mayor & Council at a meeting on February 25, 2025. _______________________________ Cecilia Covino, RMC, CMC Mayor Janice Kovach Town Clerk Adopted: February 26, 2025  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION #66-25 RESOLUTION AUTHORIZING THE EXECUTION OF A SEWER AGREEMENT FOR SPRUCE RUN LIHTC 1, LLC and SPRUCE RUN LIHTC 2, LLC (Block 70, Lots 6 and 6.02, Township of Clinton) WHEREAS, Spruce Run LIHTC 1, LLC and Spruce Run LIHTC 2, LLC (collectively, the “Developer”) is the Township of Clinton designated developer of certain property that is known and designated as Block 70, Lots 6 and 6.01 on the Tax Maps of the Township of Clinton (collectively, the “Property”); and WHEREAS, pursuant to Resolution #2023-04 adopted on December 20, 2023, the Developer received final approval from the Township of Clinton Planning Board to develop the Property with ninety-six (96) residential dwelling units; and WHEREAS, pursuant to Resolution No. 2024-02 adopted on March 25, 2024, St. Luke’s received approval from the Clinton Township Board of Adjustment to construct a medical office building on Block 70, Lot 12; and WHEREAS, the above-referenced proposed residential development and medical office building development are collectively referred to as the “Project;” and WHEREAS, the CTSA provides sewer capacity to the Project; and WHEREAS, the Developer is required to install a pump station and other wastewater system improvements to assist in conveying wastewater from the Project’s on-site collection system to a force main operated by the CTSA and ultimately to the Town of Clinton’s wastewater treatment facility; and WHEREAS, the wastewater system improvements contemplated by this Agreement and associated with the Project will be installed within the Town of Clinton and within the Township of Clinton; and WHEREAS, upon completion, all improvements installed within the Town in Lower Center Street and Main Street will be owned and maintained by the Town of Clinton; and WHEREAS, upon completion, all other improvements (outside of the Town and within the Township), including the pump station, will be owned and maintained by the CTSA and the Town shall not own such improvements; and WHEREAS, Developer is willing to install certain sanitary sewer system improvements and the Town has conditionally agreed to allow upgrade of its sanitary sewer lines for service to the Project, subject to an Agreement in a form substantially similar to that attached hereto as Exhibit A;  NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Clinton, Hunterdon County, New Jersey, as follows: 1. The Mayor and Clerk are hereby authorized to execute the Sewer Agreement between the Town of Clinton and the Developer in a form substantially similar as attached hereto as Exhibit A. 2. This Resolution shall take effect immediately. I hereby certify the foregoing to be a true copy of a Resolution adopted by the Town of Clinton Council at a meeting held on February 26, 2025. _________________________ ________________________ Cecilia Covino, Clerk Janice Kovach, Mayor Adopted: February 26, 2025  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION # 67-25 RESOLUTION AUTHORIZING THE ADMINISTRATOR TO EXECUTE THE STATEMENTS OF CONSENT TO SUPPORT THE SUBMISSION OF THE TREATMENT WORKS APPROVAL APPLICATION TO THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION FOR GRAVITY MAIN UPGRADESAT THE INTERSECTION OF LOWER CENTER STREET AND MAIN STREET IN THE TOWN OF CLINTON REQUIRED FOR THE DEVELOPMENT OF THE SPRUCE RUN APARTMENTS (TOWNSHIP OF CLINTON BLOCK 70 LOTS 6 AND 6.01) WHEREAS, Spruce Run LIHTC 1, LLC seeks to develop the property designated as Block 70, Lots 6 and 6.01 on the Tax Maps of the Township of Clinton as an affordable housing complex comprised of ninety-six residential units (the “Project”); and WHEREAS, there is a need by the Developer of to apply for Treatment Works Approval (“TWA”) from the State of New Jersey Department of Environmental Protection Division of Water Quality to perform gravity sewer main upgrades at the intersection of Lower Center Street and Main Street within the Town of Clinton to increase the sewer main capacity to accept additional sewer flow emanating from their project site; and WHEREAS, the Town of Clinton, as owner/operator of the Waste Water Treatment Facility, is required to consent to the filing of the Treatment Works Approval Permit Application for the Project; and WHEREAS, by communication dated February 20, 2025, the Town’s Water Department Engineer recommends consenting to the TWA Application. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Clinton that the Administrator is authorized to sign for the Governing Body at appropriate locations on the NJDEP WQM-003 Statements of Consent Form, WQM-006 Domestic Treatment Works Approval Application, and any additional supporting documentation to be filed in connection with the infrastructure upgrades at the above-referenced locations. BE IT FURTHER RESOLVED, that a certified copy of this resolution be sent to Spruce Run LIHTC 1, LLC and Suburban Consulting Engineers. _______________________________________ Mayor Janice Kovach Adopted: February 26, 2025 _______________________________ Cecilia Covino, RMC/CMC Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION #68-25 APPOINTING MATTHEW ELLIS TO THE POSITION OF SERGEANT WHEREAS, the Town of Clinton Police Chief, J. Cory Kubinak, has the need to fill an open position for Sergeant within the department; and WHEREAS, Chief Kubinak has performed testing and interviewed candidates for the position of Sergeant; and WHEREAS, Chief Kubinak and the police committee recommend that the following officer be promoted to the position of Sergeant, at the salary set by resolution; MATTHEW ELLIS WHEREAS, Matthew Ellis has been filling the position of Officer 6th Class/Detective within the department, Chief Kubinak feels Matthew will be a valuable asset in the position of Sergeant. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Clinton appoint Matthew Ellis from Officer 6th Class/Detective to the position of Sergeant, effective March 1, 2025. BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Sgt. Ellis as well as placed in his personnel file. ____________________________ Mayor Janice Kovach Adopted: February 26, 2025 Attest: Cecilia Covino, RMC, CMR Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION #69-25 RESOLUTION APPROVING UNPAID LEAVE OF ABSENSE FOR JEFFREY DYSART WHEREAS, Jeffrey Dysart, Laborer, has requested an unpaid leave of absence for a medical issue, and; WHEREAS, he has requested said unpaid leave of absence for up to ninety (90) days beginning March 18, 2025, and; WHEREAS, Richard Phelan, PW/Business Administrator, recommends granting Jeffrey Dysart up to ninety (90) days unpaid leave of absence. NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Town of Clinton grant Jeffrey Dysart up to ninety (90) days unpaid leave of absence. ____________________________ Mayor Janice Kovach Adopted: February 26, 2025 ATTEST: Cecilia Covino, RMC, CMR Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION #70-25 RESOLUTION IN SUPPORT OF SENATE BILL S2385 TO INCREASE TUITION CREDIT AMOUNT PERMITTED UNDER VOLUNTEER TUITION CREDIT PROGRAM WHEREAS, a person who is an active member of a volunteer fire company or volunteer first aid or rescue squad or association in good standing and the dependent children and spouse of a volunteer shall be allow to enroll in a postsecondary program on a tuition-free basis in a county college, county vocational school or county technical institute and be eligible to receive tuition credit for the member, dependent children, and spouse; and WHEREAS, under current law, to be eligible to receive a tuition credit at a county college, county vocational school or county technical institute, a person shall agree to serve as a member of the volunteer first aid or rescue squad for a minimum of four years and sign an agreement pledging four years of service in exchange for tuition credit; and WHEREAS, each year a volunteer service performed, the volunteer, the dependent child or the spouse shall be entitled to receive a tuition credit per person; and WHEREAS, the Senate introduced Bill S2385 on February 5, 2024 which increases the tuition credit amount from $600.00 to $1,250.00 per year of service, not to exceed a maximum of $5,000.00 for the member, dependent and spouse over a four-year service period. NOW, THEREFORE BE IT RESOLVED, that the Mayor and Council of the Town of Clinton, County of Hunterdon, State of New Jersey does in fact, hereby urge state leaders to support Bill S2385 to raise the tuition credit amount from $600.00 to $1,250.00 per year of service not to exceed a maximum of $5,000.00 for the member, dependent and spouse over a four-year service period. Resolution #70-25  BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Governor Phil Murphy, Senate President Nicholas Scutari, Speaker of the General Assembly Craig Coughlin, Senator Andrew Zwicker, Assemblymembers Mitchelle Drulis, and Roy Frieman and the New Jersey State League of Municipalities. Mayor Janice Kovach Adopted: February 26, 2025 ATTEST: Cecilia Covino, RMC CMC Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY RESOLUTION #71 - 25 RESOLUTION IN SUPPORT OF SENATE BILL S4048 WHICH PROHIBITS THE CONSTRUCTION OF A LARGE WAREHOUSE WITHIN 1,000 FEET OF A HISTORIC DISTRICT WHEREAS, historic districts are designated to preserve historic buildings and structures and to promote the cultural, economic, and educational welfare of a community; and WHEREAS, public concerns around the growth in warehousing in New Jersey has increased in recent years; and WHEREAS, public Senate Bill No. 4048 prohibits a county or municipality, or other approving authority, from approving a site plan submitted pursuant to law, after the date of enactment of the bill, for the construction of a large warehouse on a lot of land within 1,000 feet of a historic district; and WHEREAS, a planning board with jurisdiction over a historic district may waive the provisions of the bill if a developer petitions the planning board for a waiver in a form and manner determined by the planning board. BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to Governor Phil Murphy, Senate President Nicholas Scutari, Speaker of the General Assembly Craig Coughlin, Senator Andrew Zwicker, Assemblymembers Mitchelle Drulis, and Roy Frieman and the New Jersey State League of Municipalities. Mayor Janice Kovach Adopted: February 26, 2025 ATTEST: Cecilia Covino, RMC CMC Town Clerk  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY ORDINANCE #25-01 ORDINANCE AMENDING CHAPTER 75, ENTITLED “FILMING” WHEREAS, Chapter 75 of the Code of the Town of Clinton regulates filming on public land within the Town in order to minimize the negative impact on the Town that can result from the presence of crews engaged in filming activities; and WHEREAS, the Mayor and Council after consultation with the Chief of Police and Administrator desire to amend Chapter 75; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Town of Clinton, the County of Hunterdon, State of New Jersey as follows: SECTION 1. Chapter 75 of the Code of the Town of Clinton (the “Code”), entitled “Filming,” is hereby deleted in its entirety and replaced with the following: Chapter 75. Filming § 75-1. Definitions. As used in this chapter, the following terms shall have the meanings indicated: CREW Actors, extras, crew and all other persons who will participate in the filming. FILMING The taking of still or motion pictures, or any incidental activities in connection therewith for commercial or educational purposes, intended for viewing or for institutional use for advertising purposes, any portion of which activity occurs on public lands. PUBLIC LANDS Any and every public street, highway, sidewalk or square, public park or playground or other public place within the Town which is within the jurisdiction and control of the Town. § 75-2. Film Commission. There shall be a three-member Film Commission established, consisting of the Mayor, or Mayor’s designee, Chief of Police and Municipal Clerk, which is hereby authorized to issue permits for filming or performing incidental activities in connection therewith on public lands. § 75-3. Permit required; applications; information. A. No person, firm or corporation shall film or permit filming or any activity in connection therewith within the Town of Clinton on public land without first obtaining a permit therefor from the Film Commission, which permit shall set forth the location of such filming and the date or dates when filming shall take place. B. Permit application shall be obtained from the Town of Clinton website www.clintonnj.gov or from the office of the Municipal Clerk (during normal business hours). Applications shall be returned to the Municipal Clerk and be accompanied by the permit fee set forth in §75-8, Fee Schedule. C. With each permit, the applicant shall provide the following information: 1) Filming locations and dates/times. 2) Total number of cast members. 3) Total number of crew. 4) Describe in detail the scene to be filmed. 5) Detailed list of cars, box trucks, trailers, campers, vans or any other vehicles and parking arrangements. 6) Detailed list of special production equipment (cranes, drones, etc.). 7) Plans for sanitary arrangements (if necessary) to be made for cast, crew and bystanders. 8) Plan for crowd control measures. 9) Plan for cleanup. 10) A description of any special electrical requirements and methods of satisfying those requirements, including any permits required 11) Proof of insurance in compliance with requirements as set forth on the Film permit application § 75-3.1. Bond. Prior to the issuance of the permit, the applicant shall post a cash bond in the amount of $2,000 to assure that the applicant has fully complied with all the terms and conditions of the permit and to reimburse the Town for property damage. The posting of the bond shall not be in lieu of providing liability insurance meeting/exceeding the current levels of coverage required by the Town. The cash bond will be returned to the applicant, without interest, within 15 days of completion of wrap , unless the Town has unsatisfied claims against the applicant, in which case the Town will hold the bond, or a part thereof, until all claims against the applicant are satisfied. § 75-4. General regulations. A. The holder of a permit shall take all reasonable steps to minimize interference with the free passage of pedestrians and traffic over public lands and shall comply with all lawful directives issued by the Town of Clinton Police Department. B. The holder of a permit shall conduct filming in such a manner as to minimize the inconvenience or discomfort to adjoining property owners attributable to such filming and shall, to the extent possible, abate noise and park vehicles associated with such filming off the public streets. The holder shall avoid any interference with previously scheduled activities upon public lands and limit to the extent possible any interference with normal public activity on such public lands. C. The holder of a permit shall take all reasonable steps to minimize the creation and spread of debris and trash during filming and shall be responsible for removing all equipment, debris and other trash from filming location upon completion. D. Filming shall take place within the hours agreed upon by the Film Commission and the Production.. E. If determined by the Chief of Police each location shall have an off-duty police officer(s) at the film location, the cost of which shall be paid for by the Production. . F. Street closures will be approved by the Film Commission. G. If any inspections such as fire, electrical, building or plumbing are required, the costs shall be paid by the Production. § 75-5. Issuance of permit. The Film Commission will authorize the issuance of a permit to the applicant if it determines, based on the information supplied that the applicant can provide adequate measures for parking, sanitary facilities, crowd control and cleanup; that the applicant will comply with the rules and regulations, and that the filming will not unduly interfere with the use and enjoyment of private property or the public facilities of the Town and will not endanger the public’s health, safety or welfare. § 75-6. Violations and penalties. Any person violating this chapter or rules and regulations herein shall be subject to a fine not to exceed $1000. § 75-7. Exceptions. The provisions of this chapter shall not apply to the filming of news stories or filming with a crew of four or fewer members. § 75-8. Fee Schedule. Basic filming permit (one-time; with 4 or more days advance $100 notice of the first day of filming) Expedited basic filming permit (one-time; with 3 or less days $250 advance notice of the first day of filming) Basic filming permit for nonprofits, including student films (one- $25 time; no daily rate required) Daily rate for filming on public property:  Projects with a budget under $20M $150 Projects with a budget over $20M $500 Daily filming on private property NO FEE CHARGED BY MUNICIPALITY Public Safety: Hiring of off-duty police and fire inspections, according to agreed The municipality’s upon public safety plan standard hourly off duty police rates Overtime of public works employees for street or parking lot The municipality’s closures, or no parking sign posting standard hourly OT rate per Laborer’s union contract Inconvenience fees Street closures $1000 Fee is negotiated between a production company Properties in background - or used - in shot and a private business or residence Fee is negotiated between Daily prep of business that is being “dressed” a production company and a private business Fee is negotiated between Daily filming of business that is “dressed” a production company and a private business SECTION 2. All Ordinances or parts of Ordinances inconsistent herewith are repealed as to such inconsistencies. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION 4. This Ordinance shall take effect upon final passage and publication according to law.