Mayor and Council Agenda

CLINTON TOWN COUNCIL March 12, 2025 7:00 P.M. FLAG SALUTE ROLL CALL STATEMENT OF ADEQUATE NOTICE 1. APPROVAL OF MINUTES: REGULAR MEETING OF FEBRUARY 26, 2025 BUDGET MEETING MINUTES OF MARCH 5, 2025 2. APPROVAL OF MONTHLY REPORTS – FEBRUARY 3. PUBLIC COMMENTS 4. MAYOR’S COMMENTS 5. SPECIAL EVENT – BANNERS FOR THE HUNTERDON ART MUSEUM A. HAM IT UP – Event date: Sunday, May 4, 2025; Banner dates April 28-May 5, 2025 B. VINTAGE CLOTHING SALE- Event date: June 21 & 25, 2025; Banner dates June 16- June 23, 2025 C. EXHIBITIONS OPENING RECEPTION- Event date: September 21, 2025; Banner dates September 15-September, 2025 D. DAY of the DEAD- Event Date November 1, 2025; Banner dates: October 27- November 3, 2025 6. REFUND- FOOD PERMIT- PREVIOUS OWNER OF JUST CHILL 7. REFUND- WATER-TO OWNER KELLY PACHUTA 8. RE-INTRODUCTION OF ORDINANCE #25-01 – AMENDING CHAPTER 75, ENTITLED “FILMING” 9. INTRODUCTION OF BOND ORDINANCE #25-02- SUPPLEMENTAL BOND ORDINANCE FOR THE NEW POLICE BUILDING 10. RESOLUTION #72-25 AUTHORIZING THE CHANGE IN CUSTODIAN FOR PETTY CASH 11. CORRESPONDENCE 12. REPORTS OF COUNCIL 13. STANDBY AND OVERTIME 14. PAYMENT OF BILLS 15. EXECUTIVE SESSION – IF NECESSARY 16. ADJOURNMENT AMENDED 3/11/2025  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. MAJOR MOTION PICTURE Any film which is financed and/or distributed by a major motion picture studio, including but not limited to the following: Universal Pictures; Warner Bros. Discovery, including New Line Cinema, HBO, DC Studios and Castle Rock Entertainment; Paramount, including Miramax, MTV Films, Showtime, Skydance, Dreamworks and Nickelodeon Movies; Walt Disney Studios, including 20th Century Studios, Searchlight Pictures, Hulu and Marvel Studios; Sony Pictures, including Columbia Pictures, Screen Gems and Tristar Pictures; Amazon MGM Studios; Netflix Studios; A24; any film for which the budget is at least $20,000,000; or any recurrent weekly television series programming. § 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 or organization shall film or permit filming on public or on private property where such filming involves the use of public property for the operation, placement or temporary storage of vehicles or equipment utilized in such filming, including, but not limited to, any temporary structure, barricade or device intended to restrict or block off pedestrian or vehicular traffic, without first having obtained a permit 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. No permits will be issued by the Film Commission unless applied for prior to four days before the requested shooting date; provided, however, that the Film Commission may waive the four-day period if, in their judgment, the applicant has obtained all related approvals and adjacent property owners or tenants do not need to be notified. C. 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. D. 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. A description of any special electrical requirements and methods of satisfying those requirements, including any permits required E. No permit shall be issued for filming upon public lands unless the applicant shall provide the Town with satisfactory proof of the following: a. Proof of insurance coverage as follows: i. Bodily Injury and Property Damage Liability $1,000,000 each occurrence ii. Personal Injury Liability: $1,000,000 each occurrence  iii. Products/Completed Operations: $1,000,000 each occurrence iv. Medical Payments: $5,000 v. General Annual Aggregate: $2,000,000 b. Commercial Automobile Liability insurance coverage with minimum limits of $1,000,000 per accident for all Owned, Leases, Non-Owned and Hired Vehicles c. Workers’ Compensation and Employers Liability insurance in accordance with the applicable State statutes and laws. Sole proprietorships, members of LLC’s and partners who will performing work may not “opt out” of coverage in states were allowed; coverage must be maintained. i. Part A – Statutory benefits ii. Part B - $100,000 each employee disease/$500,000 policy limit/$100,000 each accident d. Professional Liability Coverage (if applicable) with minimum limits of $1,000,000 each claim/$1,000,000 annual aggregate. e. Liquor Law Liability Coverage (if applicable) with minimum limits of $1,000,000 each claim/$1,000,000 annual aggregate. f. An agreement, in writing, whereby the applicant agrees to indemnify and save harmless the municipality from any and all liability, expense, claim or damages resulting from the use of public lands. F. If a permit is issued and, due to inclement weather or other good cause, filming does not in fact take place on the dates specified, the Film Commission may, at the request of the applicant, issue a new permit for filming on other dates subject to full compliance with all other provisions of this chapter. No additional fee shall be paid for this permit. § 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. Where the applicant's production activity, by reason of location or otherwise, will directly involve and/or affect any businesses, merchants or residents, these parties shall be given written notice of the filming at least three days prior to the requested shooting date and be informed that objections may be filed with the Municipal Clerk, said objections to form a part of applicant's application and be considered in the review of the same. Proof of service of notification to  adjacent owners shall be submitted to the Municipal Clerk within two days of the requested shooting date. D. 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. E. Filming shall take place within the hours agreed upon by the Film Commission and the Production. Hours shall include Monday through Sunday, 7AM through 9PM (camera wrap and 10PM (crew wrap) F. 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. G. Street closures will be approved by the Film Commission. § 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. Refusal to issue permit; employment of patrolmen and electrician. A. The Film Commission may refuse to issue a permit whenever the Commission determines, on the basis of objective facts and after a review of the application and a report thereon by the Police Department and by other town agencies involved with the proposed filming site, that filming at the location and/or the time set forth in the application would violate any law or ordinance or would unreasonably interfere with the use and enjoyment of adjoining properties, unreasonably impede the free flow of vehicular or pedestrian traffic or otherwise endanger the public's health, safety or welfare. B. Further, the Town reserves the right to require one or more on-site off duty officer in situations where the proposed production may impede the proper flow of traffic, the cost of said off duty officer to be borne by the applicant as a cost of production. Where existing electrical power lines are to be utilized by the production, an on-site licensed electrician may be similarly required if the production company does not have a licensed electrician on staff. 75-7. Appeals. A. Any person aggrieved by a decision of the Film Commission denying or revoking a permit or a person requesting relief may appeal to the Mayor and Council. A written notice of appeal setting forth the reasons for the appeal shall be filed with the Municipal Clerk. B. An appeal from the decision of the Film Commission shall be filed within 10 days of the Commission’s decision. The Mayor and Council shall set the matter down for a hearing within 30 days of the day on which the notice of appeal was filed. The decision of the Mayor and Council shall be in the form of a resolution supporting the decision of the Film Commission at the first regularly scheduled public meeting of the Council after the hearing on the appeal, unless the appellant agrees in writing to a later date for the decision. If such a resolution is not adopted within the time required, the decision of the Film Commission shall be deemed to be reversed, and a permit shall be issued in conformity with the application or the relief shall be deemed denied. 75-8. Waiver of requirements of chapter by Film Commission. The Film Commission may authorize a waiver of any of the requirements, provisions or restrictions of this chapter if the Commission determines that a waiver thereof may be granted without endangering the public health, safety and welfare. In determining whether to issue a waiver, the Commission shall consider the following factors: (1) Potential traffic congestion at the location. (2) The applicant's ability to remove the applicant's vehicles and equipment from the public streets or other public property. (3) The extent to which the applicant is requesting restrictions on the use of public streets or public parking facilities during filming. (4) The nature of the filming, including whether filming will take place indoors or outdoors, and the proposed hours for filming. (5) The extent to which the filming may affect adjoining and nearby property owners and occupants. (6) The Town's prior experience with the applicant, if any. 75-9. Copies of permit; inspections. Copies of the approved permit will be sent to the Police and Fire Departments before filming takes place and to the New Jersey Film Commission. The applicant shall permit the Fire Prevention Bureau or other township inspectors to inspect the site and the equipment to be used, if deemed necessary. The applicant shall comply with all safety instruction issued by the Fire Prevention Bureau or other township inspectors. 75-10. Reimbursement of certain costs. A. In addition to any other fees or costs mentioned in this chapter, the applicant shall reimburse the Town for any lost revenue, such as parking meter revenue, repairs to public property or other revenues that the Town was prevented from earning because of filming. B. If any inspections such as fire, electrical, building or plumbing are required, the costs shall be paid by the applicant. § 75-11. Violations and penalties. Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000 or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine. § 75-12. 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. § 75-13. 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 Same rates that are Parking Fees charged to the public 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.  TOWN OF CLINTON HUNTERDON COUNTY, NEW JERSEY ORDINANCE #25-02 SUPPLEMENTAL BOND ORDINANCE FOR THE NEW POLICE BUILDING BOND ORDINANCE PROVIDING A SUPPLEMENTAL APPROPRIATION OF $1,500,000 FOR THE REHABILITATION OF A BUILDING IN ORDER TO PROVIDE FOR NEW POLICE OFFICES AND AN EMERGENCY MANAGEMENT FACILITY IN AND BY THE TOWN OF CLINTON, IN THE COUNTY OF HUNTERDON, NEW JERSEY, AND AUTHORIZING THE ISSUANCE OF $1,425,000 BONDS OR NOTES OF THE TOWN TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF CLINTON, IN THE COUNTY OF HUNTERDON, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: Section 1. The improvement described in Section 3(a) of this bond ordinance has heretofore been authorized to be undertaken by the Town of Clinton, in the County of Hunterdon, New Jersey (the "Town") as a general improvement. For the improvement or purpose described in Section 3(a), there is hereby appropriated the supplemental amount of $1,500,000, such sum being in addition to the $2,000,000 appropriated therefor by bond ordinance #24-19 of the Town, finally adopted October 23, 2024 (the "Original Bond Ordinance"), and including the sum of $75,000 as the additional down payment required by the Local Bond Law. The additional down payment is now available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets. Section 2. In order to finance the additional cost of the improvement or purpose not covered by application of the additional down payment, negotiable bonds are hereby authorized to be issued in the principal amount of $1,425,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law. Section 3. (a) The improvement heretofore authorized and the purpose for the financing of which the bonds are to be issued is the rehabilitation of a building in order to provide for new police offices and an emergency management facility, including all work and materials necessary therefor and incidental thereto, as described in the Original Bond Ordinance. (b) The estimated maximum amount of bonds or bond anticipation notes to be issued for the improvement or purpose is $3,325,000, including the $1,900,000 authorized by the Original Bond Ordinance and the $1,425,000 bonds or bond anticipation notes authorized herein. (c) The estimated cost of the improvement or purpose is $3,500,000, including the $2,000,000 appropriated by the Original Bond Ordinance and the $1,500,000 appropriated herein. Section 4. All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no bond anticipation note shall mature later than one year from its date, unless such bond anticipation notes mature at such later date in accordance with applicable law. The bond anticipation notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with bond anticipation notes issued pursuant to this bond ordinance, and the chief financial officer's signature upon the bond anticipation notes shall be conclusive evidence as to all such determinations. All bond anticipation notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law or other applicable law. The chief financial officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this bond ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. Section 5. The Town hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Town is hereby amended to conform with the provisions of this bond ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services. Section 6. The following additional matters are hereby determined, declared, recited and stated: (a) The improvement or purpose described in Section 3(a) of this bond ordinance is not a current expense. It is an improvement or purpose that the Town may lawfully undertake as a general improvement, and no part of the cost thereof has been or shall be specially assessed on property specially benefitted thereby. (b) The period of usefulness of the improvement or purpose within the limitations of the Local Bond Law, according to the reasonable life thereof computed from the date of the bonds authorized by this bond ordinance, is 20 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. Such statement shows that the gross debt of the Town as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $1,425,000, and the obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law. (d) An aggregate amount not exceeding $525,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated cost indicated herein for the purpose or improvement. Of this amount, $300,000 was estimated for these items of expense in the Original Bond Ordinance and an additional $225,000 is estimated therefor herein. Section 7. The Town hereby declares the intent of the Town to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3(a) of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of the Treasury Regulations. Section 8. Any grant moneys received for the purpose described in Section 3 hereof shall be applied either to direct payment of the cost of the improvement or to payment of the obligations issued pursuant to this bond ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used. Section 9. The chief financial officer of the Town is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Town and to execute such disclosure document on behalf of the Town. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Town pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the "Rule") for the benefit of holders and beneficial owners of obligations of the Town and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Town fails to comply with its undertaking, the Town shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking. Section 10. The full faith and credit of the Town are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Town, and the Town shall be obligated to levy ad valorem taxes upon all the taxable property within the Town for the payment of the obligations and the interest thereon without limitation of rate or amount. Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.  TOWN OF CLINTON COUNTY OF HUNTERDON RESOLUTION #72-25 RESOLUTION AUTHORIZING THE CHANGE IN CUSTODIAN TO MAINTAIN CLERK’S PETTY CASH FUND IN THE AMOUNT OF $100.00 WHEREAS, Cecilia Covino was custodian of the Town of Clinton Clerk’s Department Petty Cash Fund; and WHEREAS, in accordance with N.J.S.A. 40A:5-21, the Town of Clinton is changing custodians to Suzannah Givone; and WHEREAS, Suzannah Givone is bonded in the amount of at least $1,000.00 by virtue of a surety bond. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Town of Clinton, County of Hunterdon hereby authorizes such action and two copies of this resolution be filed with the Division of Local Government Services, New Jersey Department of Community Affairs for approval. ________________________________ Mayor Janice Kovach Adopted: March 12, 2025 Suzannah Givone, RMC, CMR