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flag of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all. >> Roll call, please. >> Mr. Cohen, >> here.

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>> Deputy Mayor Costro, >> here. >> Mr. Cerudo, >> here. >> Mr. Stler, >> Mayor Sacramento, >> here. All right. Uh, I'm going to make a motion to amend the agenda and remove resolution 26-195,

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town hall renovation project. Um, I have a motion to approve the agenda as amended. >> All right. All those in favor? >> I minutes. Um, you just turn off your mic.

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There you go. >> All right. I make a motion to approve the July 14th, 2026 town of the committee regular meeting minutes. I have a second. >> Second. >> All those in favor? >> I. >> All right. Make a motion to approve the

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July 14th, 2026 special township committee meeting minutes. May I have a second? >> Second. >> All those in favor? >> I reports. Uh, I'm going to begin. At a recent meeting, Deputy Mayor Costco

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made allegations that a phone call was made to the police who was campaigning for the vote no campaign and called for an investigation. I investigated, but before I get to that, let me start with what this was actually about. This is a photo of a sign, 4x3 sign that

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was uh pasted inside of the for hills train station and the Milbour train station as well. Um so this campaign sign taped to the wall of the train station, that building isn't ours. It's New Jersey Transit

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property and no campaign, no party, no candidate permitted to affix anything to it. This one had to come down and so did others. It is my understanding that during the final weeks of the referendum campaign, our Department of Public Works was removing illegally placed campaign

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material on an almost daily basis. That is our employees time and our residents money spent cleaning up after political campaigns. Now, on to the result of the investigation. I obtained the recording with the phone call in question the same way any resident can. And after

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listening to it several times, what the caller was reporting was this sign illegally affixed to state property. Names of two people campaigning in the immediate vicinity, including our deputy mayor, were mentioned. At 1 minute and 7

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seconds into the call, the caller states that she did not know whether either of them was responsible for putting the sign of the law. She gave police her own name, her phone number, and her home address. She asked that an officer come by so there'd be no confrontation. The

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recording is a public record. Any resident and any reporter can obtain it and draw their own booties. The deputy mayor has said that this sign was hardly noticeable. Was noticeable enough that a commuter spotted it, reported it to the station master, and then the station

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master suggested that the police would need to be the ones to remove it. I'll say one more thing, and I'll say it with real disappointment. When this committee organized, there was no requirement that the deputy mayor come from the other party. We chose to do it anyway because I believed then and I believe now this

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town is better served when both parties sit at the head of the table. I don't regret that choice. What I did not expect is that a disagreement about a flyer taped to a train station wall would be carried to reporters in New York rather than handled among the five

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of us who have to govern this town together. residents have been telling both parties the same thing all week. Stop feeding this sort of nonsense to the press. Talk about what you'd actually do for Bill. And they're right. Rules need to apply equally to everyone.

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And I hold myself in the same standard. If material went up on public property with my name on it, I'd want it I'd want to know about it and I'd want it taken down. Any member of this committee who becomes aware of campaign material illegally posted on public property should report it whether or not they

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agree with what the sign says. I sincerely hope that every future campaign in this town of any kind will respect that. And now a quick update on my Verizon cell phone coverage project. I will be meeting with Verizon's RF team tomorrow

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to discuss the documented cellular coverage issues and hopefully I'll have some good news to report coming out of that. So stay tuned. Last Tuesday, the Milbour Police Department sponsored our our national night out. It was a fantastic event, and I want to give a big shout out to our

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police force for making the event a great success. We're so fortunate to have a dedicated and hardworking police department here in town. I was recently reviewing our police department's KPIs and I noticed that home burglaries and car thefts are down over 90% since the

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beginning of 2024. That puts us on track for our safest year ever. I think that deserves a big round of applause. Deputy Mayor Cost. >> Thank you, Mayor. Um, I have no reports, but since you've chosen to make a speech

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about, you know, a call, what I encourage people in the crowd here and anyone listening, listen to the tape yourself. Um, don't listen to a spin about it. Listen to the tape yourself, including the fact that the person started out saying that I was hanging

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things on the wall. Um, add in the fact that the person used an alias name, not not her known name. Um, she's a registered voter in town, has been for a long time. For some reason, there's a pause in the tape and she gives her name

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Jean Pel Green uh as the person calling the police. Um, so I was extremely disappointed myself personally because I know Jean Pastor, she has my phone number. She's called me on a not a million occasions, but a

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million occasions over time. If she had an issue and thought I hung something on the wall, um then she should have called. Um it's been a couple months, it took me a while to get the uh Oprah request responded to from the police in town. Um and at no time since this event

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happened, uh has uh Miss Pella Greeny called me uh and apologized for what she did. Um what she did was in my mind despicable. Um especially to somebody she knows. Um and if you listen to the call, she's clearly trying. But again,

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listen to the call, make up your own. Thank you. As a point of clarification, uh I did look into the allegations about the name. It turns out that this resident's legal name is indeed Jean Pelleigrini. Not everyone when they get married she

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knows their their name uh you know legally. So it's my understanding on her Medicare card it says Gene region. So that hopefully she als she her register she's registered as a

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voter is Jean Pastnack. She identifies herself here every night but she talks at these meetings as Jean Pasternac. Let's not play games. >> With all due respect Mr. Crossgrove I believe you're the only one playing

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games when you went contact reporters at the New Jersey Globe and the Gothamist to try and get the right story about something that I think is pretty insignificant. Uh so we'll let the decide who's playing games. All right,

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with that committee co >> I don't have any reports. I would say though that I was at National Night Out and uh you weren't there you miss you missed the fun night. So, uh, I'm looking forward to doing it again next. >> Good evening, Ser.

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>> Yes, good evening. Want to say thank you to our, um, police as well. And uh just going to report that, you know, we've taken as a township committee unprecedented action on pedestrian safety, traffic, and some of our core infrastructure needs uh this summer uh

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including hallway stop at Hobart Avenue, Short Hills train station, Chattam Road improvements, Milbert Avenue improvements, um Taylor Park Gateway, and of course, um moving forward on traffic flow and traffic studies within our downtown area. um the Rimback

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project, turf fields, and of course, town hall. Um so, a lot of really core infrastructure projects that we have been working on for our long-term um prosperity as a community. Uh this summer's been extremely active uh with

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PSCG upgrades, major road paving and reconstruction and the like uh ongoing. And a big shout out to our Department of Public Works who has worked diligently throughout our summer storms with cleanup. hat to our police and fire department, a volunteer person who's

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going for help with the unpredictable weather and circumstances. Um, and I just uh wanted to shout that out because I think, you know, uh it's constantly orange cone season every every summer. There's a lot of great

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work that is going on within the community. Um and I renew my my call for the community to stand together united. Um and uh especially um one opportunity would be tomorrow join for the annual Milbour Short Hills Historical Society

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open house showcasing the work of our 2020 uh their 2026 summer interns and enjoy a first look inside the renovated William Parcel House. tomorrow, Wednesday, August 12th, 10 a.m. to 2 pm, 361 White Oakidge Road in Short Hills.

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Um, and it would be my it will be my first time in there as well. And a big shout out for October Fest day to date, Saturday, September 26th, 2026 Park. Thank you. >> Good evening, Stellar.

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>> Thank you, Mayor. Think I'm working too hard because I have a lot of reports. Dog days of summer here. Uh, last call for fall registration for soccer, flag, football, girls volleyball, and STEM programming. You can register at Community Pass. The

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high school build veneration update. They uh plan on getting the construction and fencing up uh the week of August 31st. Uh we're planning on doing a big groundbreaking ceremony, survey. Keep your eyes out for that. Should be a great time. Taylor Park playground renovation update. Construction will

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begin either the end of this week or next week. Uh we'll notify residents when the playground will be closed to the public. Uh and then it's the last call for that bathing suit and goggle drive that we do at the pool. Uh so you have another week to drop it off. We were the highest

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number of donations uh for three years in a row in New Jersey. So that's great news. Special Improvement District World Cup final viewing party. Does anybody want to guess how many people we actually had attend? Anybody? I know one person who knows. 2500 guest people in

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attendance at the uh World Cup. It was fantastic event. Explore Milburn did such a great job. We had vendors, we had food trucks, ice cream, everyone came out and just had a great time in the community to watch that. A big shout out

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to everybody on the Explore Milburn who made that happen. Uh we hired two new marketing assistants uh in the U to work with us in Explore Milbour, Alexandra Pod and Jennifer Well, uh, we have two new businesses coming to

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town. Uh, the Edit, which is a light style and specialty shop. They're going to be in the Hearth. Uh, and then we also have Milburn Shoe Repair. Uh, they're coming to the old Teen Skin Building. Uh, they actually left because they merged with another company.

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Finance Committee. I see Mr. Larry here in the audience tonight. 2026 financial audits on the agenda for approval. Uh it's also included the annual audit corrective action plan which is approved and filed with the state of New Jersey along with audit not to still Matt's

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thunder there. Uh we finally received the full certified tax rate from the Essex County Board of Taxation. Uh that came in at 2.086. Great job as always. Uh the you'll get a breakup between the school, municipal, municipality, county, library, and open

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space tax components. Uh and also uh we just renewed a sixmonth CD with a APY of 4.13% which is darn near impossible to get. Great job on that. Board of Education liaison uh as it's

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very quiet. However, uh the big the big uh stir is that uh we're going through the whole listing project uh talking about district-wide instructional framework for educational technology. These are your iPhones in the classroom

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and such. Uh we're going to go through that. There's three listening forums. That's Monday, August 17th, 6:00 to 7:00. Wednesday, August 26, 6:00 to 7:00 p.m. Tuesday, September 8th, 10 to 11. All here at the education center. You

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can find that on the BOE website as well. Always good information uh and how we process that going forward. I know my 15year-old says she doesn't want it to happen. I honestly personally want it to happen. So, let's go from there. Those

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are my reports. >> Thank you. Uh, business administrator McDonald. >> Thank you, Mary. I guess few reports. Um, just a brief update on the 250th mural, uh, which has now been placed in the game room at Bower Community Center.

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uh that was the result of uh long-term preservation of that mural. Uh having had it outside for the uh unveiling, it became uh clear that the mural, not not necessarily the tiles, but the wood

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part of that would not hold up long term in the weather. Um we've placed it in the game room. It's on display. Um, we're looking forward to making improvements to that game room and providing it a uh a a very nice uh location and becoming a focal point of the Bower Community Center uh and improving access to it uh to draw people

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there as a part of our community. Um just a report that the 911 ceremony uh for the township's 25th for the 25th anniversary will take place on 911 at 3 p.m. in the Tower Park Memorial. Um some more information will come out um later

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on uh this month uh as we get closer to the date. >> Just a few project updates. Uh Taylor Park Gateway, we had our pre-construction meeting uh with the contractor. That project is anticipated to get started uh beginning of September, midepptember. Uh looking

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forward to that and getting in during the planting season uh to get those plants in and uh make those improvements. Uh we are currently uh drafting bids for the Milbourne Avenue improvements. We recently put out a video uh for Facebook and and messaged

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that and uh the process that we're going through on that. Um so uh we anticipate getting that out to bid mid August uh and having bids returned in September uh for construction uh mid to late September. Uh in addition um the short

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host train station uh improvements we've discussed that with the township committee members uh I will be meeting before the historic preservation commission in September and also presenting that project uh to the public again on September 1st at the township

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committee meeting. Uh and in the meantime, uh when we have the revised, uh drawings, which are only being minor minorly tweaked, um we'll post those to the project page of the township website. Uh also, in connection with the mayor's uh report on Verizon, uh just an

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update on the Verizon poll that will be going at the short house train station. Um we anticipate a a little um site work uh in that location. So, just so residents are aware, Verizon is doing some investigation of the small area in

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which that pole will be going. Uh, again, hoping for that installation towards the end of August, early September. So, a lot happening. Um, I unfortunately I don't know that the orange cones are going to go away anytime soon, but that is, you know, a good sign, uh, for the amount of work

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and progress that's going on Township. >> Thank you, Mayor. >> I have a followup question for for Alex. Can you tell everybody what what the hours are where the game room is available and unlocked since now that's where the mural is on display?

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>> Yeah, we we we will post a schedule of that. We'll make sure that the the game room is available and and open to the public just as the Bower Center is. Yeah. >> But we'll also be doing some work in there as well. So, uh, it will, uh, you know, once that work starts, that will

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affect the hours, but we'll make sure that we post the hours so everybody can be aware of when those, uh, when the when the mural will be accessible. >> Uh, I've also talked to the organizers of Rocktoberfest, and they're going to work to ensure that the mural is uh,

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available to be seen during Rocktoberfest and uh, people will be encouraged to uh, go check it out. Um, so that'll be another opportunity. Um, attorney Caner,

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>> thank you, Mayor. Um, I have a a fair share housing update. Um, our fourth round compliance hearing was scheduled for 9:00 a.m. tomorrow morning. Uh, it was an in-person compliance hearing. Uh, the court was going to assess our compliance with

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fourth round. Um, as the public is aware, RPM, who is the affordable developer, who's now on my former DPW site, um, launched an objection related to our third round compliance tender

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project. Um, this this committee, uh, entered into a settlement agreement uh, by special meeting on July 29th. Um, that which amended our settlement agreement with RPM. Uh that settlement agreement requires a fairness hearing, a third round fairness hearing. Uh so

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tomorrow has now been converted to a virtual case management conference with the goal um to schedule the fairness hearing for the amended settlement agreement. Um and the test for the fairness agreement is simply whether it's fair to low and moderate income

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individuals. Uh given that the amended settlement agreement provides the same number of units as the original settlement agreement, um there should be no issues at the fairness hearing. Um we're also going to ask the court to hold the compliance hearing following the third round fairness hearing. Uh

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this request came u a joint request uh by the township and fair housing center. Um this is good news for the township uh that the court um readily uh uh tra moved our compliance hearing to

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case manager conference in line with what housing center wants. Uh again I commend this committee for its hard work on it settlement agreement RPM um and that we were able to get this done before tomorrow's date. Had we gone into court tomorrow without settlement agreement, it would have been a

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compliance hearing or we would have been re religating um our third round uh which was in the appellet division. Um so I think this is very good news for the township. It's good news for our fair share housing litigation. It's good news for our fourth round. Um so

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hopefully following tomorrow we'll have a definitive date when our fairness our third round fairness hearing will be and our fourth round compliance hearing. Um the fairness hearing has certain notice requirements but certainly we'll make the public aware as to when that

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fairness hearing is public has the right to participate at the fairness hearing. >> Yes. I'd be remiss not to mention too from the open space tax advisory committee. We're still looking for additional projects. Uh so go to the website fill out our project proposal

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form and please get those in. Right now, we only have one in the in the queue that we're actively looking at uh as well as additional ones. We're doing smartphones. Thank you. >> All right. Uh public comment. When

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invited to speak, offer your comments. Please come to Blackburn. Clearly state your name and whether you are a Milurn resident, indoor property, or business owner. Please do not provide your full address seeing as our meetings are recorded and are readily available to the public. help facilitate an orderly

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meeting to permit all to be heard. Speakers shall limit their comments to one minute session. You will be prompted when there is 30 seconds remaining. A reminder that this is not a time for dialogue to debate a matter. This is a time during business meeting for the

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public to offer comment. I now open the public comment period. Hi, I'm Trina Frankle, longtime Short Hills resident. As many of you know, I have long advocated for some form of community discourse. The structure of these open comments at township

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committee meetings is important, but understandably doesn't allow for the back of the board discussion that conversations about complex issues require. So perhaps a more informal setting would work. I am therefore inviting anyone who wishes to to join me

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at Panera on Mars Turnpike the first Thursday of every month from noon to 1 p.m. the hours. I'll do well. Don't drive. Um I chose Panera because the lighting is good for these old eyes and

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the parking is accessible and I like the desserts. The talk would be open-ended. Every topic is on the table. All sides of the political spectrum are desired and welcome. I would only ask that by joining this group, one agrees to

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participate in civil discourse. Listen more than you told and everything is off the record. A new and rapidly becoming dear friend has agreed to help me with this plan. We would not be facilitators, just one of the gang. If

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more than five people come, we would break out into two groups. If no one shows, she and I will just chat or read our books and drink our coffee. We hope to see you there. >> Good evening, Phil Kersh resident. Um, I was pleased to hear at the last meeting

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that we have an alternative to the nine main street development. I assume is approved by the court because I value the convenience of the current recycling center and also because the vision of a parade of trucks entering and leaving the site for months during a remediation was very dark. However, we should be

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objective about this settlement. We hope that any remediation needed for the former rimback site, which involved a lot of truck movement, is not substantial. And we should remember that the idea of giving away land that was so demeaned from 9 Main Street remains for

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the new site. The mayor said that we were stuck with this from the original agreement, but then stated that any money we charged the developer would be paid back by us under the gap fund, which I think is true. What developer is going to actually buy

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the site from us to develop it? Again, the idea of a pilot payment in lie of taxes has certain benefits for the town, but was criticized in the Nine Main Street plant. Now, apparently, it's fine. I think that even if gold were discovered under Nine Main Street during

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remediation that somehow even that would have been condemned by the folks who are opposed to the project. Last, there was a substantial sum spent to fight for the new agreement, much more than another small amount spent by the town at various times which are

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roundly criticized. I would also point out that the overdevelopment so-called in round three is statemandated, not something any township committee wish to endorse. If we really want to stem overdevelopment, one way is to build the dreaded 100%

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affordable housing. Since under the new legislation, we would get double credit. In other words, credit for 200 units by building a 100, the equivalent is to build a thousand units to get credit for 200 of the mandated 20% formula. In

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other words, 10 times as many units. Last, the better deal for Melbourne Panther handed out the last meeting states that the 25 plus million dollars for development is quote expected to be funded unquote by the affordable housing trust fund. How exactly will this

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happen? I'd like to know. All this leads to my request that we be clear and consistent going forward. Take a well-deserved vow for something that many, including myself, thought would never be accomplished, and move forward without demonizing past actors at every turn and continuing to politicize our

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town and its meetings. Thank Jmorei resident. I'd like to start by thanking the TC members for their service to the community. I'd also like to give a shout out to Chris Meyers of the Rec Department for the win screens at the pickle ball courts. Good job. Uh

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tonight, I'd like to speak about an item that's listed under new business restaurant food service. About a year ago, the TC asked the zoning examination advisory committee to look at a 2021 restaurant ordinance that was passed during CO. The advisory committee, of

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which I am the resident member, put together a revised ordinance that was presented to the TC in July. I am not speaking on behalf of that committee, but on my own behalf as a resident. Amongst other changes the revision recommends is restoring protections to

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residential property owners that border or in close proximity to commercial property. Specifically, it reinstates the 125 ft distance requirement for restaurants that border residential properties in the B2 and B3 districts.

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This includes the north side of Upper Milbour Avenue from St. road to Walgreens and Morris Turnpike from Walgreens to Benny Hond. Almost every single commercial property here in that area shares a property line with a residential home, approximately 60

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residential homes. And in some cases, the buildings are built right up to the property line. The prior ordinance was known to be effective in protecting residents and their rights. I'll read from a zoning board memorialization of a restaurant application in that area

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while under the premier ordinance and I'll leave the restaurant name out. The board notes and finds that the building and shopping center where the restaurant is proposed to be located at just over 43 feet from the nearest residential lot

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is a mere 35% of the 125 foot setback requirement and is too close to the dwellings for the proposed use. Specifically, the board finds the restaurant would generate too much noise, eliminate too many odors, and create too many refuge disturbances for

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neighboring residents. The ordinance in 2021 basically eliminated the distance requirement. Reading from a report prepared by a professional planner that reviewed that ordinance. While the number 125 ft is still in the zoning

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ordinance, in truth, substantial changes are being wrought by this ordinance. It is now Milbour's proposed public policy to accommodate restaurant and other food services no matter how close to host buildings, no matter how close they are to family bot lines. Most of the

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commercial properties in questions are owned by nameless faceless LLC's. Somehow national chains like Vegas, Panera, T-Mobile, Wendy's, real estate firms or supermarkets. Trying to find out who owns the properties when there are issues can be difficult. Getting

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them resolved. Just ask Alarm. Hi, I'm Pat Morelli, longtime resident of Floy Hills. We've lived in our home for 23 years. We know the residential neighbors up and down Claremont, Battlebrook, Canterbury. We have block

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parties, neighborhood chat groups, and we keep an eye on the homes of our neighbors occasionally. When someone's having construction done or trees removed, we let others know. We have a concern, we talk to our neighbors. The same is not the case for the commercial

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property neighbors that we typically find out via a registered letter or truck showing up with construction crews of changes occurring. A simple case of getting a commercial property owner to repair a broken fence took multiple polls and emails to township officials

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and town council members. Meeting to raise the issue publicly at a TC meeting, two mayors, and eventually the citation which took over a year to resolve. What does this have to do with restaurants? Well, for example, imagine a restaurant disposes food waste in open

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dumpsters. Odors of rotting food fill the backyards of the surrounding residential property. Rodents appear. Residents complain and for the next year, the property owner ignores the problem until fines are issued. Is this what we want homeowners to deal with? I

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encourage TC members to side with residents on this and reinstitute the 125 foot distance requirement. Thank you. >> Um, good evening. My name is Jeff. I'm in the public section. Um, I ask my

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custom I sent you a heads up memo that the memo is incorporated in the minutes because a lot of the actions that we heard today I believe were direct result of the memo that I sent on uh yesterday morning um

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yesterday very important case issued by our state supreme court. I sent it to you and everyone in this town should read about it. South Beach Square Corner's doctrine that when people ask questions should get answers. It's a

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very harsh descent in this case. It impacts what happened at the special meeting and could impact what's about to happen later this evening. Um later today we're going to talk about the calendar year 2025 audit

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and there's an action compliance plan. That means we don't have a clean audit. And also I ask everyone to look at the footnotes. Do you remember the good wife when u you had Nathan Lane says where

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you want to find out what's happening read the notes to an audit via the subsequent events. The subsequent went footnote is more expansive that we've ever had in this town. It tells you the amount of debt that we're having. Please

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look at it as to the settlement tonight at the high center. When we had a special meeting for the round three, we had a presentation. There's no presentation about this. Um the exettlement agreement

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I think was posted sometime maybe after 5:00 yesterday. There's a blank in it about what is the engineering plan or sheets going to be. There's a exhibit that's supposed to be site plan.

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It's not attached. How can we give questions? How are we supposed to know how the project is different? Many of us attended all those hearings beginning in September of um 2024. Three of you are involved in various of

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those hearings. Mr. Ko, you were an alter at the beginning of that process. I remember when that meeting began, I asked a question about ratios and at that time it was shown that we were brought to the wrong place. We should

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have been in front of the zoning board and now I don't know where we stand. There's going to be I think you need to explain the process about what hearings have to go before the planning board what meetings hearings have to go by with the zoning board because the zoning board agenda does not have anything

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relating to this settlement on their next meeting agenda early September just two planning board hearings. I think the people should understand process to approve this. Thank you. Good evening. My name is David Harry. First of all, I want to support what

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our dear neighbor J mentioned. I referring to the proposed restaurant in our neighbor Memorial Avenue. We are already suffering from a lot of noise that are coming from the traffic

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and this extra burden that is going to be imposed on us is really beyond our tolerance because restaurant has Jay mentioned is not going to be a a welcome

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business for our for our neighbors and residents because of I I animation again for the sake of time but the film orers and also all of those stuff related to

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it. So I would be opposing to that kind of proposal. Thank you very much. >> Good evening. That's all. resident. Um just coming up tonight um to with two things in mind. Um first just to address

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civility um two weeks ago at our special meeting. um you know in hindsight and upon review and upon reflection and actually watching the meeting back I feel like it's my duty to speak up and say I was disappointed that um it was

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tolerated that multiple speakers could stand up um and attack other citizens not just myself but including myself um specifically uh I was accused of having been granting um and so I also wanted to address

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certain things that were mentioned about me that I didn't have any opportunity to uh readress. Um I was accused by the mayor of being a bystander through the nine main street

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uh decision. I just wanted to state for the record I I did play no part in that. Uh and I'm not sure what the comment was in reference to. Um and then also wanted to share retransparency. Um Mayor Sack Mandy, you you stated in

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the meeting that, you know, anybody who checked the court filings of the past few months would have known. Um, and I just, you know, don't know that that is the equivalent of transparency to the township saying you should have checked the court records. You know, it was there for you to see. Um, just in terms

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of having hit or not hit something. And then the final uh item I just wanted to touch on is that um in response to my comment uh you know mayor you stated that um you couldn't stop the 75 units because your hands

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were tied um and that that was the agreement that you were given and I understand that um I was was indeed the chair of the planning board as multiple people stated or accused or pointed at um that approved the Annie says

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building. Um, and you stated that my fingerprints were all over it. Um, I just want to to agree and say now you know the exact circumstances. You understand the planning board role with respect to the TC. When the TC approves something, that is what is given to its land use boards. So, I feel I did act

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perfectly acceptably within my powers and my responsibility. Um, and if it was going to, you know, the alternative was if we would have made a decision and voted on our heart as opposed to maybe what the the law said, it could get thrown back at us. It could have gone to

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court and gone higher, which is exactly what happened when you voted on the pie center. And that is costing us $3 million. I stand behind my votes and the way uh I I moved on that and I would do it again. Thanks,

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Evening Jerry come short girls resident again as usual. I try not to make comments at these meetings, but sometimes the gaslighting just becomes so intense that someone really does have to. So, in terms of civility, um, Miss

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I I do think that there is an issue with civility because the last time I was standing up here at the podium, I believe, um, someone that you're intricately tied to at the moment got up and interrupted my comment. Um, even though that was totally uncalled for. I've never received an apology from that

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person, but perhaps since you know him so well, you could ask him to apologize on your behalf. Um, it's funny because I just pulled up the June 15, 2022 Melbourne Township Planning Board meeting, which is the first time that

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the Milbourne Planning Board chaired by Miss Z, the previous speaker, was contemplating passing the third round draft housing plan, which includes the 79 75 unit project at 9 Street. The first resident name that appears on this

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document is Beth Zol, chairperson. Um, in fact, if you go to the first draft of this, and I I I remember this meeting because I made a very specific point about how there were patent inaccuracies in the draft document that they were trying to pass. Um, so let me

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just pull it up because I have this here time. Um, all right. So, here we go. uh they were attempting to pass on that date. The planning board was attempting to pass a first draft of the third round housing element plan which included the

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nine main street site and in fact that version that they were contemplating said there are minimal environmental constraints associated with this site that was later turned out to be discovered to be false and they had to pass a revised version of the housing element. But Miss Zall, because she did

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not do her due diligence before rubber stamping this first draft of the third round housing element, she actually voted yes that night. So Miss Zall and you know you have the opportunity to respond because there is a second public comment period after this should you choose to stay until the end of the

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meeting. That is um there the I would like for you to explain why you tried to pass a housing element draft that had a patent inaccuracy claiming there was minimal environmental constraints given the second draft said the site has a history of industrial

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uses and is most recently used as the township department of public works. A preliminary assessment report was completed for the property. There were former above ground storage tanks contamination. Um there was spill material, rail line spurs sighting. Um

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so I'd just like you to explain, you know, why you decided to vote yes on a document that was clearly pointed out to be false by myself during the questioning at that meeting. It was June 15, 2022. The recording is public. Thank you. >> Thank you,

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>> Mayor, if I may. So I just want to, you know, to quorum here. Um I don't think we should have residents attacking other residents. That's not what this is for. Obviously, um, if you're if you're going to stay, you can respond to what was just said. I'm not going to stop that.

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But I do think that this is a forum for you to address the town committee and things about the town committee and not the large personal attacks against any resident. So, you know, it's only August, the election's not till November. We're not going to make it if we keep getting up and attacking other

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residents. So, please try to show the quorum. Please address your comments to chair which is the mayor of our meeting not have residual stations. Let's go to New York Penn Station for this week because all of a sudden no trains are going. It's

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Thursday and no one knows what's happening. It's Thursday afternoon. It's what time is 5:30 and everyone's standing around and you cannot find out what's happening when the trades are going to start to move. And I think that's a little bit more that's pretty

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important to a lot of people here and to young people, old people, seniors. Also about tickets, uh, a lot of people are unhappy. Wait, it's only 30 days. You buy a ticket and then all of a sudden, well, it's only good for 30 days. Guess

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what? The trains were not operating for quite a while. You know, the trees fell down. I don't know if the beach had some storms and then there was no nothing happened. So I could not use my ticket. He said, "Well, guess what? It expired." Okay. Was not good. So I could I could

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use that technically because it was five days past due. You see here, okay, I I can afford it. That's not the issue. But it's not the way to go. Even Long Island Railroad. I was at Dash and Dan More for many many years. They even allow 60

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days. let's you know do something and for seniors why not do it for long I think 30 days used to be a year let's just think about that for certain groups I mean you know and also for signs and

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make sure that there are announcements at certain stations if there is a problem talk to people are setting up thank you very Good evening cyber president. I always my whole life have enjoyed

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facts. Some people maybe they don't enjoy facts but I I enjoy facts. So when people bring up facts, you should listen always and try to decipher if one person's

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facts are true or another person's facts are true. But they can't both be true if they're talking about opposite sides of the same thing. But I will tell you one fact that happened yesterday. I went to

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Newark, New Jersey to witness the drawing of the line A. And here's a fact that from 1999 until 2023, there was always line A went to the Democrats.

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But in 23 when Ben and Frank ran, it went to the Republicans. And just so everybody knows, yesterday went line A went to the Republicans again for the November election. So

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that's a truth. Anyway, I'm happy that the nine Main Street thing has been moved. I think it's a positive thing for the town and all the good work that was put into it by these

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representatives here is for the benefit of the town. I mean, is everybody here a resident of the town? You are. I didn't want to see the uh DPW site moved. I didn't want to see it. And I hope this

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new project works out nicely for everyone. And uh that's pretty much it. Have a great resting best somewhere in Melbourne. Um, there's a bunch of things I wanted to talk about just briefly. Um, just a

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reminder for Alex on the HPC seen the drawings for the train station. Um, I would I would really just as a member and of the community and of the HBC, I'd really like to see the drawings revised. So, we have elevations and colorations

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on the landscaping because it is historic area and a historic site. So, if you put a a traffic island in front of that environment, it's cohesively all one environment. And I think that it's very important and there's, you know, just too much of drawings happening and

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you're going to run out of time with your grants. So I I suggest doing that sometime in August. Um so we have it in advance of your September meeting and possibly in advance of the public meeting. I think out of respect this project's been going on for probably I don't know eight months and this really has nothing to do with TC. Um but I'm

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just saying that. So um you know Alex has been very gracious. So um I also wanted to talk about um turning code enforcement into a profit center. I would be happy to uh I I work profit

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centers all the time when I was merchandising an entire company and um I think that we can do that because there's so much violations of code throughout the town particularly as comes to landscaping and keeping things up properly um all over the town. So I'd

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be happy to help head that up just offer my time. Um and that's nothing against the DC. I do want to talk um a couple of times just about uh this consistent bullying. I mean, I actually walked down the aisle. I felt like it was at the

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wedding of an old person and I was walking down the aisle backwards and I got a couple of cat calls from ladies and I remember it really well because it's form of bullying and um and they be nice, be nice, be nice and I was like so so

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lovely. So anyhow, um, when the opposing side, and I apologize to council in advance because I I'm trying to keep this when the opposing side slaps you in the face in the schoolyard and then you kind of push back.

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There's nothing wrong with that. So, um, I think it's very appropriate that people stand up for themselves and actually tell the truth. I think that this administration, Ben, and Jamie has have done a really good job doing that. But I want to go back to what Miss D

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said and you know Beth, I think you're a lovely person and obviously very talented. Um, and I I saw you in action. I went to almost every high center meeting because it was property that was in a residential area and they were

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going to put a 100 car parking lot in next to multiple state properties with big lights and um I felt very strongly about it and I was actually up. Okay. >> Anyone online? >> Am I on?

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>> Yep, we can see you and we can hear you. >> All right. Excellent. Thank you. Uh my name is Bill Brazelle. I live in South Mountain. Um a couple things. I'd like to support Jay and Pat Morali's call to reinstate the 125 ft requirement that was in place before COVID. I believe

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residents should have the right to defend themselves from the kind of encroachment that Jay and Pat have described. Um, as we talk about the reasons that the mural was moved to Bower Center, uh, I would like to know why the artists who contributed to that mural from the more than 50 groups in

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the community were never told about the move or why it was happening as many, many weeks went by. Uh, there seems to have been no good reason to keep them in the dark. And I do believe that is no way to treat our town's volunteers. And that has to do with the way the mayor

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and his husband are now attacking Beth Zal. And of course me uh as the chair of the planning commission, uh Beth also was a volunteer. Uh she put in hour after hour making sure that building plans met the town's ordinances. Now

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apparently the mayor and his husband have decided to attack her volunteer work at TC meeting after TC meeting in what is obviously electioneering from the deis. That should stop. Speaking of things that should stop in the recorded

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call to which the mayor re referred at the beginning of this meeting, Miss Pastnac told the police, quote, "There's pasting or taping flyers to the property of New Jersey Transit," unquote. She also said that Cosg Grove is a township committee member and he ought to know

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better. That allegation was false and defamatory. There is no evidence anywhere that either committeeman Cosg Gro or Nick Romano pasted or taped flyers anywhere there. Nor was Mr. Pastnac even there to see what she claimed that they were doing by her own

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admission. Because the mayor seems not to understand the problem with making false allegations to the police. Uh I would like to remind the township committee that doing so is wrong for four reasons. One, resource diversion. False reports put emergency resp pull

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emergency responders away from real life-threatening crises where help may be urgently needed. Two, delayed response times. Dispatchers and officers spend time investigating fabricated claims as they did that morning instead

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of actual community emergencies. Three, risk of injury and death. Police responses are inherently high stress and volatile. Introducing a false threat increases the chances of a tragic or violent encounter. We happen to have very professional police here in

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Milbour, but there's no guarantee that an officer may not have had a bad day. Finally, there's the risk of wrongful arrest and trauma. Uh, an innocent person may not understand what's going on. They may respond in a way that the officer finds improper. The innocent

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person may then be handcuffed, publicly humiliated, jailed, or put through a costly legal defense. Thank you very much. >> Yeah, I just want to again say, you know, the mayor is up here on the day and so certainly you can comment on him, but comment on his family members I

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believe inappropriate and along the same lines of what I had said previously, we shouldn't have residents attacking other residents or family members. Do I have anyone else online? >> No one's coming now. >> Hi, good evening. Jean Pastnac Pelleigrini. Pelleigrini is my legal

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surname and it's retained for professional career reasons and I'm here to rebut the accusations and give my perspective. During the June special election campaign, vote yes lawn signs were defaced. A costly vote yes banner on private property was repeatedly

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slashed and oversized campaign posters were repeatedly posted illegally on the walls of the Milbourne and Short Hills train stations. Those who gave their time, money, and passion to the campaign were understandably upset. In my view, these incidents represented a new low

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for politics in Melbourne. Our community is better than this. Against that backdrop, the straw that broke the camel's back came days before the election. I called the police to report a very large campaign poster taped to the wall of the Milbour train station and asked that an officer come so that

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there would be no confrontation. I mentioned that two people were distributing political literature, Nick Romano and Dave Costrog, because they were there and associated with the vote no campaign as reported to me by a friend. I also specifically said, "I

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don't know if they're the ones that tape stuff to the wall." Those are my exact words on the recording. I did not tell the police that I knew either individual had put up the sign. I expressly said that I do not know who had done it. The dispatch summary did not capture that qualification and the responding officer

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found no election interference violation. The suggestion that I call the police to interfere with someone's right to engage in political activity is simply not true. Candidates Brazil and Zal posted these accusations on Facebook. They're false. I reported a

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campaign sign I believed had been illegally posted on train station property. I did not report political speech. I'm disappointed that this has been turned into a personal and political attack. And I'm taken aback that Mr. Costco failed to mention to the reporter and tonight that we actually

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did speak in person the next morning at the Short Hills train station where Mr. Brazelle was also present. I asked him if he was going to remove the same illegal poster I reported the day before in Milbourne. He said only I didn't put it there. Since 2023, our residents have

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seen a significant shift in the township committee's focus toward solving Milbour's challenges and delivering results. I'm grateful for the hard work of Republicans Mayor Frank Sakamandi, Committeeman Ben Stler and Jamie Cerudo, and for the collaborative work of their

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colleagues, Democrat Committeeman Cohen, and Deputy Mayor Costco. We're now entering another campaign season. We can disagree passionately about Milbourne's future, and we can challenge each other's ideas and records, but we can do that without treating our neighbors as

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enemies. People who volunteer their time, contribute their money, and work for a cause deserve better than having their actions misrepresented. I hope we can raise the level of political discourse in Milbour. I'm ready. We can disagree without being disagreeable and

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compete without destroying the character of the community we care about. Thank you. We have one more. >> Good evening, Perry Erso, Short Hills. I'm here tonight to respectfully request the immediate removal of the current chair of the SID. based on serious

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concerns regarding political activity, oversight, and equal enforcement of the SIDS rules. The chair has extensive political and municipal experience. She is a former Democratic party chair, a mayor, deputy mayor, township committee member, and current Democratic district

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chair. I mention this not because she's a Democrat, but because someone with that experience understands the importance of keeping the SID separate from partisan political activities and has nothing to do with her volunteerism. And this issue is not new. On November

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20th, 2018, while serving on the township committee, she was present when the former DMDA president publicly raised concerns about the organizations being used as a political platform. In 2020, the current chair filed a harassment complaint involving me, a

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local property owner, and others. I dispute those allegations and believe video evidence is relevant to as to what occurred. I have submitted information concerning that matter to the Milbourne Police Department. I am asking this committee to determine whether that complaint was legally false. I am asking

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you to consider this evidence and circumstances. There was also a separate issue involving a current township committee candidate. On June 9th, 2026, that candidate publicly discussed a polit a police incident and characterized filing a false police

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report as a criminal offense. Then again, August 10th, the same candidate publicly accused a Milbourne committee chair of making false allegations to the police. Again, I am not saying these incidents are the same. My concern is whether the same standards are being

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applied to everyone regardless of the political affiliation. On June 4th during the girls night out, I received information that campaign materials were being distributed within the district. At the SID 25 uh SID uh June 25th meeting, a board member stated that Republican resident representatives have

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been instructed in fact not to participate in solicitation. Uh when asked the chair, of course, uh she responded she had had no idea nothing to do with it. So I asked where the SID rules applied equally to everyone. I also asked this committee to review the

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2020 Halloween event, the 2024 Taylor Park birthday celebration, the foundings day, including the SIDS promotion of the stuff the bus initiative associated with the then candidate for township committee. These circumstances raise serious questions about oversight,

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political accountability, and keeping politics out. I am asking this committee to act, not simply acknowledge these concerns. This is not about Democrats versus Republican. It's about one standard being applied equally to everyone. I respectfully urge this

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committee to protect the township's ethical standards, protect the integrity of the boards and their nonprofit missions, and remove the current SID chair from her position. Thank you. >> Anyone else online? >> No matter.

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All right, with that I will now close public comment. Let's see. So for the responses, Committee Ven Cohen, you get to go first. >> Okay. I'll be brief. Um I only I really want to address a couple of things. Um the restaurant ordinance has been kicking

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around for I don't even know for how long. It predates even the process that we built later where things come from the TC go to the zoning uh zoning code subcommittee and then and then come back. It's even earlier than that for for whatever reason. I'm sure we'll find

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out later it while it was on the agenda and I pulled it from the last meeting because I had some concerns tying it in tandem to some changes they were making to the health code. I wanted this to be done at the same time. I subsequently learn I subsequently learned that uh we

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had taken it as far I was advised by uh by Mr. Pedle that we had taken it as far as we could in terms of what the zoning board could do, what the health uh department was willing to do and what the constru uniform construction code required the construction inspectors to

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do. So given all that, I requested that it be put back on the agenda for tonight. I I found out when I got the agenda that it was demoted to new business. It's hardly new. We've been talking about this for a couple of years. I'm fully supportive. Um it was a

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dis it was a the the old zoning rules were in place again were changed only due to COVID when business was at an all-time low. In the interim, no restaurant has ever even applied to be there. And I think the residents that live in that area deserve that

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protection to make sure that um that that that they go back to where when they bought their houses, what what the rules were. CO is certainly over. We don't have those emergency conditions anymore. I'm looking forward to learning why it became new business. Hopefully,

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it will become an ordinance again at the next meeting for the first reading and then subsequently pass. But it has my full support. The only other thing, Mr. belt. I did read your heads up comments. I'm sorry to tell you nothing we've done today had anything to do with your heads

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up comments. Thank you. >> Yeah, Deputy Mayor Husbro. >> Thank you, Mayor. Um, Miss Frankle, thank you very much for your comments and I I think that's a

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good idea. Uh, Mr. Pers, thank you for your comments. Uh, Mr. and Miss Moral, um, I too agree that that it's it's, you know, it's been far too long that that's been on the on the burner and not acted on. Um, to the people in the audience,

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it's it to me it's a very bright line that we need to draw in this town between protecting a resident who lives next to a business and being nice to a business and wanting the business to thrive. It's a clear choice for me. the

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residents should be taken care of first. Um, when we think of businesses in town, we have a lot of restaurants. We have a lot of places where restaurants could be. They don't have to be behind a person's heads. Um, and then the um

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comments by um by Miss Pastor Neack. I'm just not going to comment other than to re, you know, to urge people again to to listen to that uh tape yourselves. Thank you. >> Vince Bruno.

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>> Yes. Good evening. Thanks for everybody's engagement. Um just want to comment. Um I would never support 100% affordable housing development in this community. Um outright um I would never support it. um

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even if it meant uh you know tacking off more units, I don't think it's the right thing for our community, no matter if it's in a contaminated site or otherwise. Um we're going to talk more about the restaurant ordinance later and I think we have some questions for the um

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planner, but certainly uh looking forward to hearing more on that. Um, with regard to Short Hills train station, uh, I'm sure we can get all the information in short order to the Historic Preservation Commission with regard to color. It was called, you said

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the color and the elevation. Hopefully, we can take care of that. And I'm very proud of code enforcement for uh, their increased presence um, ensuring that we are all buttoned up. Um, let's see. Uh and then I would just say um you know

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we need to uh instill positivity in our community and I think um you know uh utilizing the press uh and feeding uh negative information um is not good for our community. It wasn't good uh several

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years ago uh surrounding complete streets and it's not good now. Um, and I think we have to sort of lift up our community and celebrate the wins. Um, that's what I say. Wednesdays are win-wins day for me. So, end of my comments. >> Thank you, Frank. Let's see where start

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here. >> Uh, Mr. Kersh, um, I thought you were going to stand out there and talk about the great new pavement that was put in on your street last week. It looks fantastic, right? Um, and you

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know, in terms of the vote for the uh nine main street, it was 50 up here. We had to look at all the information and, you know, we're elected here. We're elected to represent all of the residents and it was significantly better opportunity for the township. Um,

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so, you know, the insinuation that we weren't claryied or we did something else, it's just not true. and um you know we're voted to to make those those decisions and such. Um Al Carlin New Jersey Transit faint in my

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existence for 20 plus years commuting into New York City going back and forth. Uh it is hysterical. It's a 30 day expiration when maybe four of the days, five of the days he can't even come in and out because the trains get cancelled but they cross honor on the port

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authority or something else. It it's just a mess. And that starts uh in Trenton. Uh really really starts in Trenton. We can do better. We really can. Richie Cyber facts matter.

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Line Away. The fact is is that for 17 years in a row that line A was pulled by Democrats. Uh I'm not a not a mathematician. I'm not a quant. Um, but that's really to me it's

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significantly impossible, statistically impossible. So facts do matter and it's, you know, it looks like there's nice I was at the drawing, so it was good to see uh that uh it was a fair and honest drawing. Uh, a little bit of uh history too. I don't know if you guys know but a

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former Essex County Caputo Nicholas Caputo he drew line A through the dumps 40 out of 41 times in a row statistically 17 in a row is not possible. 40 out of 41 is really not not

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possible. um bringing the the >> just to be fair, I believe since you were at the drawing, um I was told that someone asked, you know, oh, did they put these in the freezer? And one of the officials said, "No, we don't do that

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anymore." >> Correct. Correct. I asked that question and they're the one who gave me the name of Caputo and I went some research on that thing called Google O. Uh, so I want to look at that. Um,

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the temperature in town literally I agree with Mr. Caner. It's only August and we have a long ways to go to this election. Love to see the temperature come down. Uh, we already seem to be at the height of gaslighting allegations and things along those

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lines. Um, I think everybody should, you know, take a step back instead of being hyperbolic on the Facebook page or whatever it is, which I try not to go on. It's disgusting. It's literally literally the the bottom of the pile.

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Uh, try not to go on there, but judge people by the work they put in, the accomplishments they make, and the positivity they throw in this town. Uh, and that's for a whole list of probably about seven of the speakers. Um,

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good thing my wife doesn't come to this these meetings because she would go hyperbolic. What else do I have here? Uh, Perry, uh, listen to that. You know, I've gotten to work closely with Jackie Lieberg uh, you know, you know, on the explore.

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You know, I look at the KPIs we set up for explore and we really continue to hit on all KPIs. I'm happy to welcome Shel and you to the team. Uh, and you know, we're making great progress from the uh from the uh business community in

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town. I get tremendous feedback wherever I go. Don't get a free sandwich, but I get tremendous feedback. That's it. >> Uh, Miss Frankle, uh, thank you for your comments. Um, I've actually been in a setting with you. uh where we've uh had

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others around and had opened political discourse with people from different parties and that was very productive when we were planning the ice event and was uh neighborhood uh association that that sponsored that. So I wish you the

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best of luck with your group. Um and uh I hope that whoever goes and participates will be able to be civil and uh talk with one another uh in a civil way. Uh Mr. Kersh um made some

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claims that were not true. Made a claim that the round three numbers were mandated. Well, that's not exactly true because the TC at the time gave extra units. The DPW and Woodmont were not part of our RDP. And for those of you

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that are well verssed in, you know, fair share housing in the state, RDP is what you have to build. And for whatever reason, not here to explain it, but for whatever reason, the township committee at that time decided to add two projects that

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were not part of the RDA. So those were not necessary projects. But as soon as they added those projects, which the planning board then voted on as part of their housing element plan, once all that was approved, then there was no way to undo it. Those units would have to be

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built built. So we were handcuffed by the sins and misdeeds of those uh of the past. So um you know I just thought I should provide some clarity there. As far as the amount of credit that you get for 100% reportable, I know the rules

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are different between round three and round four. Uh but it wouldn't matter even if we got double credit for the units in round three. our round three obligation will be complete once we are done building those 75 units. So whether

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we got bonus credits or not wouldn't make a difference because round three units don't carry to ground four. So I think that was sort of one um Mr. Morali um I hear you uh on your concerns about the zoning ordinance. We're going to talk

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about it under new business. Um you know I I would point out that you are on the zoning code examination subcommittee. You do happen to live behind the area that was affected. So, you know, I don't know what the rules are, but I wonder if maybe that's

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something you should have tasted yourself on. Um, let's see. Uh, Mr. Feld, uh, we actually have our our council here tonight. Uh and I believe they're going to be explaining

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uh the high center settlement agreement and also there's going to be a whispering woods hearing at the planning board where there will be a more in-depth analysis of the agreement and the changes that were made to the plan.

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Uh so there will be plenty of time to get information about that. We released the documents of the settlement agreement publicly yesterday. As soon as it was signed, wasn't signed until yesterday. And as soon as we had a signed document, we put it out there.

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Um, so we, you know, we try to get documents out as early as we can, but we can't put out a settlement agreement the other side hasn't signed because things can can and do change. There were provisions to this settlement agreement sort of right up until the end.

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lack clarity is which one is the final thought? Um, see um, Miss Saul, uh, yes, I think people need to treat each other better in public comment, but that's a two-way street.

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Um, you know, people are entitled to come up and make public comment. They have a First Amendment. be best if they didn't attack one another. But when someone gets up and says something that's inaccurate, someone else wants to get up and correct the record, uh, you

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know, I think that's fair game. Um, and in terms of correcting the record, you you were the chair of the planning board that voted on the housing fair share plan for round three contained the nine main street project and the

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Woodmont project which were bonus projects. Um, Dr. Kung, um, I think your comments speak for themselves. uh in the future perhaps use your intelligence to phrase them in such a way that the comments are

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directed up towards me. I'm sure you can say the same things you want to say, but uh doing so within the elements of all the rules. Um Mr. Carlin, you know, I couldn't agree with you more. NJ Transit, it's a complete and utter

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disaster. Um Stler and I have uh talked to NJ Transit officials on multiple occasions. uh we have relayed a lot of the concerns that you brought up. We've talked to them about, you know, needing need for better, you know, electronic signage,

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signage that actually works, up-to-date status information. Uh you know, also physical issues with our train stations. Um you Mr. Stler and I were just walking the other day uh up the platform uh Milbourne station and we noticed a

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railing had rusted and fallen off and installer took a picture of it uh is sending it into NJ Transit. So, you know, when we when we see something, we try to do something, but it really is the state and the state officials that

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control the fate of NJ Transit. And uh I don't know, it seems like year after year, same people keep getting elected and we have this. Keep that in mind. Uh during the election season, um Mr. Cyber, uh I

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appreciate that you enjoy facts. I too enjoy the facts. Um I think that is a very astute observation you made about the line A and uh I think as we discussed earlier there were certainly shenanigans back in the day uh with how

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that was picked. Um would like to point out in addition to 2023 uh the Republicans got line A in 2025 last year they did as well uh did as well this year. Um it it as far as I look into it is

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statistically impossible for 43 times when it's a when it's an A or B for you know one to come up but uh it seems like that process is working out. Um this test we will certainly make sure HBC

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gets to see the drawings. Um I've uh I've asked to see if we can get renderings. Um, they've even generated some renderings, but I'm not an architect. So, um, I'll show you what I what I have if you'd like to see it. But, uh, I certainly think the township

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is going to put out the official drawings, uh, and you can take a look at that. But, uh, overall, I think the train station project is an example of a opportunity we had, uh, to get public

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funding to do some good. And I think what we're doing while not a panacea is making the the most of the funding that we have available and making improvements. So I I think ultimately uh that train station uh is going to be in

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better shape in terms of the traffic flow. Um Mr. Brazelle uh I'm not even going to dignify that with the response. Um I think uh I think you misqued the tape

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and I encourage everyone to listen to the tape yourselves. Uh then as far as volunteers and criticism when you join a township board especially one that's a statutoily

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mandated committee like planning board the environmental commission you are then a pseudo government official whether you were elected or not and it is well within the rights of the public to criticize actions that you take.

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People get up and criticize me meeting after meeting. I accept that. That's what happens when you get all the local government. You make decisions. Members of the public are going to hold you accountable for those decisions. There's absolutely nothing wrong with that.

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Master, uh, thank you very much for, uh, clearing the air on exactly what transpired. Um, I agree with you. I think the tactics that were used in this past referendum campaign by uh certainly by one side uh were deplorable and uh I

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hope that we don't see that sort of behavior in the future. Um Miss Erso we actually have under new business tonight to discuss the city restructuring. So we'll let those conversations transpire and uh see what comes out of that.

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That's all I have. Business administrator McDonald, do you have any responses for the public? Uh just two, mayor. Uh one is for Mr. Carlin, I would encourage uh you and others that are concerned about New Jersey transit to uh look into the Lacawana Coalition who is

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a writer advocate uh group and I think could be helpful as another avenue of approach. Uh certainly important to bring it to the township committee and the state's attention, but uh that might be another uh avenue of approach. And

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just in response to uh the comment regarding a profit center for code enforcement, I would highly discourage that. Um uh certainly we want to continue to increase enforcement. Um we are doing so. Uh we are in the uh final steps of interviewing for the uh code

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another code enforcement officer to focus in on land use uh resolutions and decisions. And uh we want to continue that enforcement, but uh also understanding that, you know, not everything is a violation. Uh it there may just be aesthetically uh things that

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uh people don't like. Um and I understand that, but um we also have to work within the code. And as far as the application to the HBC, yes, we will be prepared for that. Uh we are working on renderings as the mayor had indicated. Um, I'm looking forward to hearing from

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the HBC and their their thoughts and uh uh decisions on aesthetics of this improvement um as uh and those things that are within their purview. All right. Thank you. >> Like to add I I believe that we actually

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aren't allowed to have our fines be a profit center. Is that correct? >> That Well, correct. And I also just would discourage, you know, departments having to uh pay for themselves uh through the fines that they are levying.

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I think that creates an environment that uh we would not want to encourage. >> We've also raised a whole bunch of >> Yes. and and we're waiting. So, actually, we praise them so much so that we're waiting on the state to make sure that uh they're okay with that because

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again, they don't find any towns to meet profit sector. So, hopefully we'll get the answer back on that. >> Correct. >> Attorney Ker. All right. Moving on to the consent agenda. Township committee will now

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consider consent resolutions. Are there any comments from the committee in regard to any items listed on the consent agenda? >> Yeah, I have a couple. As a matter of fact, I was um communicating with Alex back and forth, but given his vacation, um I had sent some follow-up questions

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that he was not able to have a chance to answer. specifically on the Princeton hydro contract. Uh the attached fact sheet was unclear as to the area that the that they would be looking at and I wanted to be made uh clear in the

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contract that anything relating to the property of the armor is out of scope or deceptive. Can you confirm that that is the case? So, I I cannot confirm that that that is the case. As I I mentioned to you,

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Committeeman Cohen, that the focus is uh the Glenwood Glenwood Road uh or Drive uh Melbourne Avenue uh underground um pipes as well as potential storage in lot 14 and potential storage the remaining portion of the uh high school

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athletic fields. I do understand that there was a discussion at one point regarding channelization. Um and that would just be the stream bed. Uh there is uh not renewed discussion regarding a detention basin in the arboritum but

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only the existing stream bed and channelization that could take place there to provide capacity. Um so uh it would be difficult for me to say to say that it wouldn't include the arboritum property but I I think where the uh concern that you had on that was or um

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not to make an assumption but the original concern was this you know very big deep uh detention area within the arburedum that is no longer um no no longer on the table. And and then the other question I had

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was on the um the Essex County urban count urban development program which you explained as a grant program that would help us build affordable housing. My question was is that money we would use for existing affordable housing or because we're not building anymore as

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far as I know it's all being done by even round four by private developers. The only thing building is is is the you know the new Essex Street site and I I was wondering if this grant since that's already that project is already underway

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or will be by the time the grant comes if this grant would be used could be used for that and if not I don't really understand what we would be getting out of this grant. So just to explain that uh resolution further is that this um this is our

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participation in that program which allows the township to be eligible for home funding which is a federal pass through to Essex County uh which could be included in the capital stack uh when it comes to the R you know the RPM development uh and settlement project uh

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that would be taking place on the corner spring in Essex. uh it would be could be coupled with the lowincome housing tax credits to reduce reduce the gap funding. Uh so that would be the reason for participating in that program. >> Okay. I wanted to make sure it could be used for RPM because if it couldn't then

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I didn't see any reason to have it but now >> yeah there any other comments or concerns from the committee? All right. A uh a motion to approve resolution 26-187 through resolution 26-193.

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They're listed on the consent agenda. I have a second. >> Second. >> Roll call vote, please. >> Mr. Cohen, >> yes. >> Deputy Mayor Cosro, >> yes. >> Mr. Cerudo, >> yes. >> Mr. Stler, >> second. >> Yes. >> All right. Uh resolutions. So the first

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resolution uh of tonight is 26-194. I would like to uh invite our ARUBA council up to briefly uh explain the the history and the settlement.

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Please Good evening. My name is Anthony Sehan. I'm the law firm of Jacob partner in that firm and this year and I'm sitting on there. It's my 38th year spending public and private

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clients. I do >> I do mostly almost exclusively defense work. Um, and I was retained through the uh township's insurance carrier to represent the township in two lawsuits

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that were filed by the high center against the township and then first the zoning board and then the planning board. The zoning board lawsuit was filed in March of 2023

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and the um planning board was in November of 2025. And both of them are challenging decisions made by those respective boards. They deal with two different pieces of property that were owned by the Chai

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sector. um both seeking two sets of of damages against the town under a statute that we all call Raulupa. It's an acronym for the Religious Land Use and Institutionalized Persons Act. Um it was

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uh created to ensure and I'm just I'm not going to deal with institutionalized person. I'm just going to deal with the land use portion here. It was designed to essentially uh protect uh religious groups from land use decisions that that

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were believed to violate the first amendment. Religion and speech are in the the first amendment and that's for a reason because we take both of those rights very seriously. Um especially uh

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religion. You're all up here giving your uh comments. That's the first amendment for speech. So, we have whenever they're involved, first amendment, it's the high the highest standard the

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courts put on the respective boards, the zoning board, the planning board, the township committee. So even though the the zoning board and the planning board they're trying to comply with municipal land use law running behind them so to speak is also this

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federal statute and our of course our constitution um that provides everyone in the country certain rights and one of them is your your right to congregate your religion. So the uh Chai Center believed that the

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respective boards violated his rights and he was able to file these lawsuits in federal court. Um the township planning board, zoning board at the same time while looking at these decisions. We're trying to balance the impact on

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the community, on the neighbors, um and trying to see if there could be some type of medium to be met. Um, but as most cases end up when I'm here, a fight

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has ensued. It couldn't be resolved. Litigation, some lawsuits were filed, litigation ensued, and uh, we were defending two two federal lawsuits at the same time. Um, both with very good attorneys on the other side and very

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good judges, federal court judges involved. And we decided to mediate the matter. We had several sessions of mediation. The last one with Judge Arberies who uh

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is still in contact with parties. Um a settlement agreement was circulated was yesterday I believe after it was signed by the plaintiff. Um and that set forth the terms. Now the settlement agreement is not binding yet.

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The township has to vote on it. the zoning board has to vote on it and the planning board has to vote on it and the planning board uh to address this gentleman's concerns. They're going to be the ones who have the plans and the elevations and and everything to talk

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about it there. Um I'm here just to give you a brief history of these lawsuits. um to understand the heightened standard in rela it requires that

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the respective board zoning planning meet what's called a compelling governmental interest standard. What does that mean? Normally with the the restaurants,

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non-religious buildings, you have municipal land use law with regard to setbacks and the requirement of variances and all that good stuff. The land use attorneys know a lot better than me. When the religion is involved, there's plenty of standard involved. You have to

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show that stopping this construction of this building or this church or this mosque or this synagogue or Shabbat from being built to stop it to show compelling governmental interest. We've

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I had the planning board attorney, the zoning board attorney have attorneys above me at the insurance companies and we've all looked at it. We've we've analyzed the cases not just from New Jersey but from other jurisdictions and

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it's it's a very um very high standard where the courts have said after I eliminate um is can I stop this building because they're they're going to create too much traffic. Under municipal land use law,

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you might be able to, but under LUBA, it usually have has to be a heightened safety concern or national security has to be something a lot more than the stuff going on with the restaurants and the dumpsters being

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open and all that that that type of uh issues. So here with the help of the mediator we've we've come to a settlement.

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Now why did we come to that settlement? I just want to give you the benefit of some of our research and what we've done. Now in addition to Wupa having this heightened standard now in order to deny something the board has

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to show a safety interest or national security. There's fee shifting involved. What does that mean? That means generally speaking the the party who loses the case has to

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pay the other side's attorney's fees. Okay. So, and the attorney's fee rate according to a the federal courts for an attorney as a 30 years my today

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just about $850 an hour. Okay. times two lawsuits, two law firms, you're going to just litigate the suit millions of dollars in case. Okay. So,

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Raulupa has a a heightened standard very difficult for to meet and you have this fee shifting notion where that if you lose, not only do you have to pay the other side's damages. Um, for instance, say the the the church couldn't have been built for five years, therefore it

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lost out on five years worth of donations, five years of of throwing um, you know, parties and such. Yes. So, there's damages. Then even

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under constitutional law, there's just damages for embarrassment, humiliation, uh because you have your rights violated. So these are and I'm doing discrimination cases. This is pretty much all I do. They're generally

335
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speaking, they're are higher verdict cases. So the fee shifting, the heightened standard, we look at this being the other attorneys. Then we look at verdicts. We look what has happened in the past. And in 2014,

336
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we had the Bridgewater uh this was a settlement, not a verdict. $7.75 million Bridgewater played the planning board denied an application um for a house of worship. This was a uh I think that one was a MOS. We had

337
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Bernard's Township in 2017, $3.25 million. planning board designed that was again another mosque city of clipton in 2019 uh synagogue mansion uh that was a settlement of 2.5 million in damages

338
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there they had more than uh 30 meetings at the planning board level so these are cases that are going back they're all pre- pandemic these are all older cases time verdicts for back then they're going to be higher today so what

339
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do we have Today, the Luovich of Old Westbury, that's a Long Island case where there the the rabbi claimed that the township had certain ordinances that the that he

340
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claimed violated his rights, the 12 acre minimum for lot size. And for 19 years, the rabbi in that case claimed that he tried to get his Shabbat bill. uh that case uh after a uh a pretty scathing opinion by the federal judge declaring

341
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the law facially invalid under the United States Constitution and finding that this discrimination existed. Um I think the case I think it was a settlement. It wasn't a verdict, but it settled for $19 million. That was recent. Okay. So

342
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guys like me, defense attorneys, the insurance company, we watch what the verdicts are doing. So here with the help of some good attorneys, very good mediator, um

343
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it came to the $3 million figure. They they they say old cliche is a a good settlement is where both sides walk away unhappy. Okay. So is that what I Would we have liked to pay less as the talent? Of course. Would the rabbi would have liked

344
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more? I'm sure. Okay. But what we do is we try to come to some type of middle ground and eliminating the risk. Now, what's important here is because there was this discourse, this back and forth, the mediator and

345
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working with council. the township as much as it tries to to balance the needs of the neighbors with the needs of the rabbi, um it was a it's able to put some of its input here

346
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working with the planner, working with the rabbi and trying to come up with ways to where this the uh the new chabad is hopefully not going to be as intrusive onto the neighbors. That's what everyone wants.

347
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And the other thing that I like to mention about all these other lawsuits where high verdicts were paid out going way back and the and the new one for 19 million. What happens at the end of all these cases is that the church, the Habad, the synagogue, the mosque,

348
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whatever it is, it winds up being built. It's a very powerful federal statute. And at the end of the day, the the house of worship is going to wind up being built. Uh here the the hope is is

349
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working with the rabbi, getting some input in there to hopefully minimize the impact on the neighbors. Um resolve some of his damages issues with the monetary component which the insurance company

350
01:39:23.440 --> 01:39:44.320
um paid. They were 1.7 of the 3 million leaving the town with 1.3 approximate. Um, and this is what the resolution all comes back down

351
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settlement agreements of the resolution of what the township will be voting. The planning board's going to vote upon this. The whispering woods hearing. I think that's scheduled for September 2nd. I think has all those dates and uh the zoning board will be voting on it. I

352
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don't recall that date and I think that's what I have to say about that. Um and thank you all for your time. >> Thank you. >> Um do any of the other committee members have any marks we

353
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Nobody else. >> Thank you. Uh so I'm going to make a quick statement. Um so quite honestly uh I think this settlement agreement makes the best of the bad situation. If the past few decades the high center has tried on a number of occasions to

354
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build a house for one reason or another that never came to fruition. Personally I think the township committees that came long before all of those of us up here and the officials from the high center could have found a way to work together on the go. so that a high center could build their house of

355
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worship in a location that would best serve its congregants and our residents. Unfortunately, that didn't happen. And that brings us to the present time where we find ourselves at just litigation, which it permitted to drag on for years and years would just end up being a costly endeavor with little meaningful

356
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change in the outcome than the amount of tax dollars that get wasted. Personally, I think Milurn Avenue would have been a better spot for this house of worship. But by the time I got involved, the judge made it clear that that was not an option. So, the township committee in conjunction with the

357
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planning board and our legal council came up with the best settlement we could. I hope that now all parties and residents can agree to put the past behind them, welcomed High Center into our community. I trust that the High Center and its congregants will work to

358
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be good neighbors and I trust that their neighbors will work to be good neighbors and be accepting and welcoming. we all have to share of this community and we all need to uh treat each other with dignity and respect and uh I'm very glad

359
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that we are able to finally put this matter to rest and uh I think that the settlement is uh really I I give a lot of credit to our hardworking attorneys. I think the number that we landed on is a extremely reasonable number especially

360
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compared to some of the verdicts you see uh out there. these federal cases. As far as I know, and I' I've asked this question to council, as far as I know, I don't think there's any municipality that's ever won one of these cases anywhere in the country. Um, the federal

361
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standards are just very, very high and they are very slanted towards uh giving the benefit of the doubt to religious institutions. Um, and you know, that has to do with First Amendment. So, uh, at the end of the day, I know there's some members of the public that might not be

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happy about the settlement. There's some people that would have preferred and continued fighting. But what we as a town committee have to do is look what's in the best interest of all of our residents. And we as fiduciaries of uh, residents taxpayer dollars, we need to

363
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do what's in the financial interest of those residents. and this settlement uh is really the best choice uh that we had. So, uh unless anyone else has any other comments, I'm going to make a

364
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motion to approve resolution 26-194. May I have a second? >> Oh, I'm sorry. Uh Mr. Mr. Pedto, I I totally space. Uh I did plan on having you come up and talk about some of the changes that were made during the

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settlement process uh as a result of the planes. >> Sure. Thank you. Mayor here this evening planner. Um just before I get into details of the plan revisions, I just wanted to highlight the timeline for members of the public uh transparency. I

366
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did hear earlier a comment regarding the uh the exclusion or failure to close the exhibit. Um I know in the interest of transparency mayor wanted the the agreement up quickly. So we'll work to get that uh amended so we can get the exhibit links to that posting. Um with regard to next steps uh the dates are

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all actually located within the settlement agreement. Settlement term number six uh indicates that the zoning board of adjustment will consider this the should should the resolution pass this evening uh we'll consider the settlement at their meeting Monday August 17th. Um then subsequently uh the planning board will consider the

368
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settlement uh at fair meeting on Wednesday August 19th. Uh from there under settlement term number three the planning board hearing uh which would be a whispering woods hearing um which is a special land use hearing uh for settlement matters in particular will be held on uh September 2nd 2026 and if

369
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need be will continue on September 3rd 2026. um in accordance with municipal land use law filings um the plans will be available and all updated materials for that application uh for the hearing um will be available for public inspection beginning Friday August 21st 2026 uh in accordance with the ML 10day

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priority hearing statuto requirement with respect to revisions um I do just want to um thank both the high center uh and also uh my colleague at the planning board our board engineer um for good work on revisions um at the highest level I'll highlight three key revisions

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that have resulted in this. First, we have a 60% increase in the residential buffer distance u from the prior application. Uh we have an enhanced landscape uh plan within that buffer area that provide additional beneficial screening uh from adjoining residential properties. Um and we've also uh

372
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undertaken significant reconfiguration of the parking area as well as new fencing that will be installed along the perimeter of the parking area uh to better limit off-site visibility in the glare uh of all adjoining residential properties. Um again uh members of the public will be able to see both the

373
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exhibit and the plan after file August 1 to those materials. Thank you. Excellent. Thank you very much. Thank you very much. >> All right. Uh I make a motion to approve 26-194.

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May I have a second? >> A second. >> Roll call vote, please. >> Mr. Cohen, >> yes. >> Deputy Mayor Costro, >> yes. >> Mr. Cer, >> yes. >> Mr. Stler >> seconded. >> Yes. All right. Resolution 26-195

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current. Any comments from the committee regarding? Yeah, I was happy to see this because I had asked and surprised me that the board of education seemed to be running off of this and while we were paying half of it, it didn't seem like we had a chance to say that we wanted to do it or

376
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not, which of course we do, but it just seemed like we get cut out of it. But unlit to see the project moving forward uh and it's going to do so much good for our community. Really exciting stuff. Yeah, having champion the spring start

377
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to finish and really nation last 14 years. It's fantastic and con and we've been working closely with them to do the shared services agreement. So um you know it was really everybody working concurrently to get to the best possible

378
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solution which we have and uh and we look forward to future future. I >> I too am happy. >> Um, yeah, I think this is a fantastic example of how the township and the DOE

379
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work together uh to make things better for our our children and our residents. I'm delighted uh that we were able to uh get this across the finish line. I know there was certainly a lot of dissent

380
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along the way and I want to thank uh Stler for working diligent with uh diligently with me to combat some of the uh the claims made by the environmentalists that were just simply untrue. Uh so in the end I think we are

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going to have a fantastic project here. Uh I believe it's actually going to be finished by the calendar year. Uh and it came in a little under budget. uh impact >> under budget on time. How about that? >> Yeah, under budget and on time for a municipal project. That's

382
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>> it's got to be that's up there. That's almost a >> with full consensus between the BOE and the T. Right. >> All right. So, without further ado, I make a motion to approve resolution 26-196. Can I have a second?

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>> I will happily second. We'll call the >> Mr. Cohen. >> Yes. >> Deputy Mayor Cosgro. >> Yes. >> Mr. Cerudo. >> Yes. Mr. Stler. >> Absolutely. >> Second. >> Yes. >> Right. And now we are going to discuss the

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audit. We have our auditor available if the township committee has questions. Uh this resolution 26-94 governing body certification of the 2025 audit. Copies of the audit uh in full are available in town hall on request

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and have also been posted on our website. I would like to introduce our CFO Matt Laracy. So can we provide a brief overview and introduce our auditor uh who just make a comment as well. >> Thank you mayors. So the municipal audit

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is an annual process that we go through. This audit's 120 pages. I won't go through every page for you guys. That we won't make for a fun night. Um but it is a compilation of all our financial statements. It's very detailed. Um there are if you look at all the balance sheets there's references to detailed

387
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schedules and importantly it's a a compliance testing all the laws and regulations they described for us and internal control test a very detailed internal control testing. The auditors come on site for two to three weeks uh you know during the usually during the

388
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springtime and work on site and then there's a lot of back and forth after um you know they they visit all the different departments and it's a key control for us as a municipality. We have a 70 plus million dollar budget $200 million plus comes in and out of

389
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our our department and we're very you know it's a small staff. We don't have our own own internal audit team. um we don't have professionals on staff just to handle uh compliance testing and testing our own internal controls. So we rely on external auditors to come in and

390
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do a thorough audit. We don't necessarily want a clean audit. We want to do the best that we can but we don't expect perfection um on you know s such things as little compliances with the state. We strive for that. Um but if things are are not being done perfectly,

391
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we want them uh we want them highlighted so that we can do our best to improve. There's two comments in this report. Uh, one regarding purchases prior to the purchase order, which happens a lot of times with different various like auto parts or equipment that's needed. We do

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have controls in place to kind of prevent that. Blanket purchase orders is the main one. Um, but sometimes they just slip through the cracks. And then the other comment is regarding a grant, the Taylor Park playground grant. Actually, um, we have to insert that into our budget. The, uh, the committee did pass a

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resolution to approve that grant. it didn't include the the language to insert into our budget, but we did uh we did fix that with the 2026 budget where we officially inserted that. So that was just a compliance related issue. Uh with

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that, I'll just hand the microphone here to Dave Ganon as our auditor from PKO competition. >> Good evening everybody. Uh you know one I just want to thank uh Matt and uh the entire administration uh for always giving us a strong

395
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cooperation. Uh you know we did issue so there's different definitions of a clean audit. Uh and when you get an unmodified opinion that's also considered a clean opinion. Uh so we're able to provide a unmodified opinion as it relates to the

396
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regulatory basis accounting. Uh so the town should comply with all part of New Jersey accounting practices. Uh all towns and counties in New Jersey do not follow generally accepted accounting principles or cap that that people normally associate with financial

397
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statements as a regulatory basis. That's very very conservative. Uh and the township there's no modifications to our opinion as as relates to that. Uh overall, the township town is substantially healthy. Uh fund balance

398
01:52:44.560 --> 01:53:00.560
at the end of uh the year was $18.8 million, which was an increase of $2.2 million from the prior year. Uh there's a lot of transactions that make that change up. Uh not to oversimplify anything, but in 2024, there was

399
01:53:00.560 --> 01:53:15.360
actually a few commercial properties that didn't pay their taxes. Your fund balance took a hit for that up to a million dollars. that those amounts collected in 2025. So, as a result, the $2 million came back into the fund

400
01:53:15.360 --> 01:53:32.320
balance and that you're more uh consistent from to 2023. Uh, additionally, the township does have a number of other reserves that it maintains uh to support fund balance. Uh reserve for litigation of over $500,000.

401
01:53:32.320 --> 01:53:49.440
A reserve for tax appeals for $2.9 million. Uh reserve for self insurance for 1.4. Uh Q9 absences of almost a million dollars. Uh storm recovery of $900,000. Housing affordable trust of $2.8 million. Uh one of the things that

402
01:53:49.440 --> 01:54:05.520
was noted uh earlier there there is uh certain disclosures that are in the uh footnotes footnote 13 subsequent events the last two meetings June and July there were there were significant uh settlements authorizations those are uh

403
01:54:05.520 --> 01:54:21.199
disclosed in the financial statements uh as well as unknown when we issued we only issued not that long ago but the settle settlement agreement is not specifically on our financial statements but in footnote webinar of litigation we do disclose that there are matters of

404
01:54:21.199 --> 01:54:36.719
significance out there and that that could have a sign of an impact on financial rebounds that that's also uh disclosed. Uh parking utility uh is continuing to rebound from co fund balance at the end of the year was $682,000

405
01:54:36.719 --> 01:54:53.760
which was an increase of $312,000 from the prior year. There are several years in which our funds were utilized to assist in shoring up those operations. uh tax collection percentage was 99.55%. Uh which was about 1% higher than the

406
01:54:53.760 --> 01:55:09.440
prior year uh at the more in line with historical amounts. Uh net debt at the end of the at the end of 2025 was $41.7 million. Uh that represents so you're you're permitted three and a half% of your

407
01:55:09.440 --> 01:55:25.520
equalized valuations. Uh that equates to 0.323. Uh so your your actual uh you're permitted to have $452 million of debt whereas you have 41.7

408
01:55:25.520 --> 01:55:42.880
uh and I would never advocate for taking on that much debt. I would tell you uh but remaining borrow is actually $411 million. Uh so there's still significantly uh low in the spectrum of indebtedness of of the town. Uh and as Matt mentioned

409
01:55:42.880 --> 01:55:58.400
there are there are two items that are corrective action. Uh just to note there are um three buckets where we put findings. Ones that are the most significant are material weaknesses. That's whether there's really significant issues where the branch

410
01:55:58.400 --> 01:56:17.520
stems material misstated there's significant deficiencies with oil and there's other matters fall within the other matters category. Uh with that there's any questions I'll be more than happy to answer. Okay. Um, so real quick, um, our debt,

411
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uh, load compared to a lot of other Jersey counts, how do we stack up? >> Yeah, it's all across the board, but it's on the very low end. >> Uh, and these minor corrective actions, they're required. They're they're minor.

412
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Yeah, they they're mine in the context of uh you know as Matt mentioned there's a couple confirming orders uh really focused on two two departments. Uh they were not of significant amounts. Uh so we find that you know contracts of all

413
01:56:50.400 --> 01:57:05.920
there's a fact there's an operating purchase order system a system which contracts are encumbered uh the largest those items that sometimes departments will go out and purchase proportionally without going through the whole process correctly. So those those items that we actually noted

414
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were not significant. Uh and again there's there's a lot of different compliance requirements uh that public entities have to follow uh especially in New Jersey on state statutes. Uh so the other item falls into that category. >> So those are

415
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>> they're minor exceptions. Again if they were really significant then be material weaknesses or deficiencies. >> Yeah. I would just like to thank Matt and for putting this together. Uh second year I've been on the uh third year on

416
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the finance committee and just the level of sophistication and professionalism that they exhibit is fantastic. So big thank you. I always say our our own capacity is 280 million but I always try to keep that number back behind the door somewhere. Uh but we certainly want to

417
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make sure residents get the services commensurate with the taxes that they pay. Uh and we definitely have the level of professionalism from our CFO and our business administrator and big thanks to big thanks to Michael Colin who sits on a finance committee with

418
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>> yeah I just even 280 million is not a number I want to talk about that's not something big but um thank you very much for this very thorough audit. I've been on this committee actually all four years and it's a it's a testament to Matt and his team operating with a very

419
01:58:31.119 --> 01:58:46.719
small team that anything you know in a in a $70 million budget the the two items you found one of which has already been corrected are minor you know and in the municipal accounting is so conservative I mean it's it's so

420
01:58:46.719 --> 01:59:08.159
different from GAP that u you know it's unbelievably conservative and they do an excellent job at a very very very stack. So, >> thank you very much. Um, obviously a lot of good news uh especially compared to our neighbors. I

421
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wanted to just ask uh in particular and thanks Matt for sitting down going through this with me. Um, you know, to our auditor, how do you feel about our the security of our accounts and controls more generally and and also cyber security? that's become a big question you know kind of the security

422
01:59:24.480 --> 01:59:43.679
of our um of our account think I said the overall internal control environment is operating very well uh I find that you know transaction that we we look at have support information that we require is provided

423
01:59:43.679 --> 01:59:59.520
uh things are you know items transactions are reviewed uh cyber security is always a you know a thing that's you know very high on the list uh you know as part of the finance audit we we're not engaged into a cyber security audit per se uh we do sit down with the

424
01:59:59.520 --> 02:00:15.119
IT people to get a general understanding of the general control system over the IT system whether it's you know basket controls um authorization of data when they may have had a cyber security review last and I know the township is a

425
02:00:15.119 --> 02:00:30.880
member of a cyber security GIF which sort of affords a lot of other resources is u I think it's a healthy thing to always have you know to periodically have a a detailed cyber security review. Uh obviously that's always uh balanced

426
02:00:30.880 --> 02:00:47.599
off with cost. Uh and a lot of times insurance companies and the chiefs you know offer a number of services and then each town has to value that and review that as to whether that's you know of of that's significant enough that they feel

427
02:00:47.599 --> 02:01:04.320
comfortable and if they feel that they should do more they they should certainly u review options as to assess whether they should procure a professional outside of what's already provided to them uh It's where those controls in more depth.

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>> I just add as I'm sure you know Jamie, every year we all five of us and all the other of all the employees have to take a cyber security class even though this will be the fourth time that I've taken it. You still haven't taken it every year and they do tests and try to trick

429
02:01:20.080 --> 02:01:35.199
you sending you emails that are vague and they're not really going to cause a problem. But, you know, if you if you click on where you're not supposed to, you know, you'll probably I haven't done it fortunately, but you'll probably get a strong a strong warning from our

430
02:01:35.199 --> 02:01:51.360
assistant business. So, I think those are some of the things that we've done to address that. >> Excellent. >> Thank you. >> All right. Uh, excellent work and, uh, give a lot of credit to our finance

431
02:01:51.360 --> 02:02:06.880
committee, uh, to Mr. Clary and to business administrator McDonald. Uh they all run a very tight ship. Uh we're in great shape financially. Um and uh very well run when it comes to the

432
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finances. So kudos to all of you. Um all right. In that case, uh I make a motion to approve resolution 25-197. May I have a second? 26. Oh,

433
02:02:32.639 --> 02:02:47.760
>> typo. >> All right. I make a motion to approve resolution 26-197. May I have a second? >> Second. >> Roll call vote, please. >> Mr. Cohen, >> yes. >> Deputy Mayor Cosgro. >> Yes. >> Mr. Cerudo. >> Yes. >> Mr. Stler. >> Burn.

434
02:02:47.760 --> 02:03:04.000
>> Mayor Sand. >> Yes. >> All right. So, next up is resolution 26-198, approval of the corrective action plan. There any comments or questions from the committee pertaining to the corrective

435
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action plan? >> Seeing none, uh, I motion to approve resolution 26-198. I have a second. >> Second. >> Roll call vote, please. >> Mr. Cohen, >> yes. >> Deputy Mayor Cosgro, >> yes. >> Mr. Ser, >> yes. >> Mr. Stler second committee.

436
02:03:21.119 --> 02:03:38.159
>> Yes. All right. Ordinances. Ordinance 2765 76. >> I would like to present an ordinance entitled ordinance number 2765-26 ordinance amending and supplementing

437
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chapter 7 traffic section 7-20 stop intersections for the revised general ordinances of attached to Melbourne. The proposed amendment to the track ordinance is to authorize the installation of stop control device on wider bridge road eastbound at the intersection with road. This stop

438
02:03:54.960 --> 02:04:11.119
control has been placed uh in place historically but not codified at the T intersection of wider bridge road and great house road. This codification is supported by the Essex engineering department, township's engineering office and the police department.

439
02:04:11.119 --> 02:04:26.400
I move that this ordinance be taken up and passed on final reading and that the township clerk be authorized to have the ordinance posted in accordance with law on the Milbourne Township public notices page for hearing and final passage on Tuesday September 1st 2026 at the Melbourne Education Center located at

440
02:04:26.400 --> 02:04:46.400
434 Milbour Avenue >> second the motion roll call vote please >> Mr. Cohen >> yes >> deputy Mayor Costco >> yes >> Mr. Cerudo >> yes >> Mr. Fuller >> second committee. >> Yes. >> All right. Ordinance

441
02:04:46.400 --> 02:05:06.000
2766-26. Uh committee stoler. You're scheduled to sponsor. >> Thank you. I would like to present an ordinance entitled ordinance number 2766-26. an ordinance authorizing the township of Milbour to execute a residential property lease for that certain property located on lot 16002 lot three in the

442
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township of Milbour. Uh this is the renewal of the lease with Milbour Short Hills Historical Society for the westbound train station at Short Hills. Uh they've been in this location for a long time and the most recent 5-year lease that has a two to five year

443
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renewal has expired. uh they will simply renew the lease and this model lease models the lease we have with the partial they have with the partial house. I move that this ordinance be taken up and passed on first reading and the town clerk be authorized to have the

444
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ordinance posted in the morning on the town of public notices page for hearing and final passage on Tuesday September 1st 6 at the Melbourne Education Center located at 44 Melbourne Avenue Melbourne. I second the motion. Roll call vote, please.

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02:05:54.719 --> 02:06:11.119
>> Mr. Cohen, >> yes. >> Deputy Mayor Cosgro, >> yes. >> Mr. Cerudo, >> yes. >> Mr. Stler, >> mayor segment. >> Yes. >> All right. Ordinance 2756-26. Deputy Mayor Costrove, your schedule sponsor.

446
02:06:11.119 --> 02:06:27.599
>> Thank you, Mayor. I present for consideration an ordinance entitled ordinance number 2756-26, an ordinance amending and supplementing the township of Milbury development regulations and zoning ordinance to

447
02:06:27.599 --> 02:06:52.639
revise the definition of floor area ratio in the residential district. I'm going to ask Mr. P to comment about Evening uh deputy mayor, mayor, members of the town committee here this evening.

448
02:06:52.639 --> 02:07:09.440
Um the ordinance before you this evening, this is a secondary ordinance, correct? Is um uh proposing to amend the plier ratio residential definition contained within the DRC regulation zoning ordinance. This ordinance is a product of the zoning code examination subcommittee um and seeks to uh clarify

449
02:07:09.440 --> 02:07:25.599
the definition for area ratio residential. Um this was an issue that was identified by the zoning officer in particular. Uh the strike through sentence the last breakthrough sentence that reads such computation shall not include basement or floor area of that part of any room where the ceiling is less than seven feet is inconsistent

450
02:07:25.599 --> 02:07:41.199
uniform construction code allowing for rooms uh less than seven feet to consider habitable rooms creating private inconsistency determination. Uh proposed language here corrects that and refineses and clarifies the ordinance for ease of administration. Um since the introduction of this ordinance, this

451
02:07:41.199 --> 02:07:56.320
ordinance was referred to the planning board for consistency uh review. Um work out the ordinance was not consistent. Dr. P. >> Thank you. Tonight is the time set for the public hearing and final passage as noticed in accordance with law. The

452
02:07:56.320 --> 02:08:14.159
hearing open. >> Go ahead. I move that this public hearing be closed and the ordinance be adopted on final reading and that the township clerk be directed to post the ordinance by title on the Milburn Township public

453
02:08:14.159 --> 02:08:29.199
notices page as passed on final reading in accordance with law. >> I second the motion. Will vote please? >> Mr. Cohen. >> Yes. >> Deputy Mayor Cosgro. >> Yes. >> Mr. Cerudo. >> Yes. >> Mr. Stler second.

454
02:08:29.199 --> 02:08:50.880
>> Yes. Ordinance 2757-26 David Stler the sponsor I present consideration ordinance entitled ordinance number 2757-26 ordinance amending and supplementing chapter 7 traffic section 720 stop

455
02:08:50.880 --> 02:09:07.360
intersections the revised general ordinances of the township of Milburn. Uh the proposed amendment to the traffic ordinance is to authorize the installation of an all hallway stop at the intersection of Hobart and station plaza at the request of the township's engineering office over concerns raised regarding lighting sight lines and

456
02:09:07.360 --> 02:09:24.079
pedestrian safety. This intersection was evaluated in traffic study performed by Bright View Engineering. The study identified deficiencies at the intersection and was found to meet uh the warrants of all way stops control. Tonight is the time set forth for the

457
02:09:24.079 --> 02:09:40.320
public hearing of final passage as noticed in accordance with law. Clear the hearing open. Online I move that this public hearing be closed and ordinance be adopted on final reading and the township clerk be directed to post ordinance by title on

458
02:09:40.320 --> 02:09:54.239
the Milburn Township public notices page as passed on final reading in accordance with law. >> I second the motion. Roll call vote please. >> Mr. Cohen. >> Yes. >> Deputy Mayor Cosgrove. >> Yes. >> Mr. Cerudo. Yes, >> Mr. Stler. >> Mayor segment.

459
02:09:54.239 --> 02:10:16.159
>> Yes. All right. 2756-26 your schedule sponsor 58 2758-26. >> Yes. I I present for consideration an ordinance entitled Ordinance number 2758-26

460
02:10:16.159 --> 02:10:33.280
ordinance amending chapters uh 9 and uh excuse me 11 and um 11A entitled respectively preservation of trees and protection of township trees the township of Milbour to create a new chapter um 11 entitled tree

461
02:10:33.280 --> 02:10:48.639
preservation. This is the second reading. Uh purpose of the ordinance is to make permanent changes to the tree preservation code. Uh various fees and definitions uh last updated in 2024 provisions reflect an increase in tree prices, fees for tree removal, desire to

462
02:10:48.639 --> 02:11:05.119
protect trees on construction sites, establish registration uh process for tree removal companies and ensure quality tree work in the township. In addition, several definitions have been added to the tree preservation ordinance to further guide residents, tree companies doing tree related work or

463
02:11:05.119 --> 02:11:33.599
general construction to the township. Tonight is the time set for public hearing and final passage as noticed in accordance with law. >> I declare the hearing open. Ed Mer Township res uh I do believe

464
02:11:33.599 --> 02:11:50.800
there are a lot of good aspects in what you are proposing but I think uh that it is in many respects very heavy-handed uh and uh very I think overregul regulating what homeowners can do on

465
02:11:50.800 --> 02:12:06.960
their property. particularly in the section where uh the homeowner basically loses uh the right to select uh what trees he or she may want on the property. That it uh demands

466
02:12:06.960 --> 02:12:22.400
that there be a uh selection of different trees and that uh uh person can't have just uh one specy. uh uh that they they may want on the

467
02:12:22.400 --> 02:12:39.440
property. Uh there are I think some problems also with heavily wooded lots where uh trees are taken down that uh it may not be uh advantageous uh from a uh

468
02:12:39.440 --> 02:12:57.760
to plant other trees and interfere with uh the root systems that are there. And in that case, the homeowner uh has a choice of either putting in trees or uh paying a significant penalty. And uh I would suggest that uh this be tabled and

469
02:12:57.760 --> 02:13:18.000
uh be reviewed with some of these things in mind. Thank you. >> Anyone else? I was a horone person because I I didn't I didn't read that word in this so I can start to see some other things but he had brought up

470
02:13:18.000 --> 02:13:33.040
Christine as um he had brought up a good point and I I really want to thank everybody on this committee for doing this. I think it's amazing. I actually had to talk with Stacey when Alex our properties um about trees in my neighborhood that are pretty historic

471
02:13:33.040 --> 02:13:49.119
and coming coming down. So, um, so I just I want to just preface some of the things that he said. Um, I'm I'm not sure if there's language around you have to have multiple species or a certain percent of native plants. I hope that

472
02:13:49.119 --> 02:14:04.719
there's not language like that as to what that gentleman spoke about um because that is design detail and my cats tree which is not native is thriving. Okay. And I've lost a ton of native trees. So, just saying like, you

473
02:14:04.719 --> 02:14:19.920
know, I I'm picking species now that work from design perspective. They work with space. They don't flood the you know, street and um and they're beautiful. So, um but you can't somebody wants to line up a bunch of European horn beams and block out their road,

474
02:14:19.920 --> 02:14:35.360
they should do that. Okay. So, that's just my personal opinion because that's a designed thing mostly like a sort of architectural way. And then um I I'm hoping that um and I I apologize that there might be some type of insurance

475
02:14:35.360 --> 02:14:51.040
clause because insurance companies now, particularly in California, um with storms and all this climate change stuff going on. Um you know, are actually like doing top down images of people's houses and a tree's too close to your house, they're actually sometimes saying, "We won't give you insurance because you

476
02:14:51.040 --> 02:15:06.079
have a tree that looks like it's going to hit the roof." It's just something that you might want to put in there, you know, deacto type of thing. Um and um you know the townships sort of notoriously you take down 60 trees they'll want you to plant more than 60

477
02:15:06.079 --> 02:15:23.040
trees. Um you know and then there these like tiny Charlie bound trees or there are a ton of this one species um this evergreen and I forget the name of it but um basically the deer eat it up and all the builders it's like hilarious like every you can always tell the builder house it's like there's like 30

478
02:15:23.040 --> 02:15:38.239
of those trees they're burnt out and half eaten by deer. So those I hope those trees aren't counting as trees. Um and that maybe that they put a caliber um sort of introduction that you know if you're placing a tree and you're taking down a mature tree that you put in like

479
02:15:38.239 --> 02:16:02.599
five to six caliber tree and I mean I know when trees beyond that thickness become problematic for longevity but just throwing that out. Um so anyhow for doing this anything you do will be awesome. else. No.

480
02:16:04.400 --> 02:16:21.360
>> Yeah. Um I I guess I'll just respond uh briefly that um >> Yes. I apologize. U Okay. I move that this public hearing be closed and the ordinance be adopted on final reading and that the township court be directed to post the ordinance

481
02:16:21.360 --> 02:16:36.719
by title on the Milburn tach public notices page as passed on final reading in accordance with law. Um >> why don't we get when we get a second >> okay sure second then >> excellent uh so to address some questions and uh Mr. McDonald if you

482
02:16:36.719 --> 02:16:52.479
want to jump in as well. But I I think uh generally um the the forester has a lot of discretion in this nature and the decision on not having the same type of tree per se um is because of the health

483
02:16:52.479 --> 02:17:09.679
of those trees uh and that they would be successful um or u uh or that they would be detrimental to the um to the land that is there for example from a stormwater perspective or

484
02:17:09.679 --> 02:17:26.559
from a root system perspective um as you mentioned um Mr. amazer. Uh furthermore, um the replacement calibers are all miss best are all within the ordinance. Um there's a lot of discretion and this is

485
02:17:26.559 --> 02:17:42.559
setting the bar because we've faced a lot of in particular even the last several months. Um and our forester could could say it best. Um that we've lost a lot of trees. who lost trees um for unfortunate reasons, trees that have been,

486
02:17:42.559 --> 02:18:00.160
you know, that were of significant age, significant coverage. Um and so this sort of tightens up a lot of um the uh more basic restrictions. There aren't too significant changes to the prior 2024.

487
02:18:00.160 --> 02:18:17.280
Um that's the end of my comments. Mr. McDonald I'm not sure if you had any comments on this but >> yeah I mean I can just add to it committee min is that uh you know part of the reason for the diversification of species is because that individuals were

488
02:18:17.280 --> 02:18:33.679
doing their entire replacement um with arborvite uh which was the the I think the one that you you're trying to think of um and you want to make sure that there is a a mixture of evergreen and deciduous trees that are being replaced as uh commitments Meruto said the

489
02:18:33.679 --> 02:18:48.559
calipers are in there. I think another significant change in this ordinance is to protect our trees during construction and make sure that we're a little that we're requiring more of contractors as they go in and do uh construction on sites to protect the trees and health of

490
02:18:48.559 --> 02:19:05.599
the trees. Um but um there is nothing in here that specifies uh any sort of percentage of uh native or or non-native uh species. I I think it's more of uh again as as committee miner said some

491
02:19:05.599 --> 02:19:22.000
discretion with the forester uh just to make sure that there is diversification of species. >> Thank you Mr. McDonald. I'd just like to add I received an email today from a resident in support of this ordinance but also making some additional suggestions in terms of notifying

492
02:19:22.000 --> 02:19:39.920
neighbors when trees are being uh on on a property line that are being um you know knocked down whatever and I suggested that he take it to the shade tree advisory board and let them consider it if they want to put get the ink isn't even dry on this one but put

493
02:19:39.920 --> 02:19:56.319
an amendment to it to put in additional resident uh protections. >> Yeah, I think that's a good idea. I mean certainly we want to pass this because you know these changes have been but I think um I agree you know I got a note from I got a similar note I also got comment from somebody the other day

494
02:19:56.319 --> 02:20:12.960
about fencing when fencing was removed border of property where was the legality of that um you know so I I think I would just say more generally notification of neighbors of what's going on is probably a good idea across the board. Um but this resident in

495
02:20:12.960 --> 02:20:28.720
particular in fencing I said well you know unless it had an adverse reaction to the property and unless the fencing was on your property it you know >> I would I'm sorry can I just jump because I would be I would be careful about requiring notification neighbors

496
02:20:28.720 --> 02:20:45.280
on certain things uh particularly from an enforcement standpoint um I think that would be extremely difficult. Um, I I I I think too, you know, again, in a lot of cases, neighbors will tell neighbors, hey, I'm taking down the fence. I'm going to put up a new fence.

497
02:20:45.280 --> 02:21:00.479
Hey, I'm taking down a tree. Just want to make sure kids aren't in the backyard. So, I think um certainly there should be some encouragement of neighbors, speaking to neighbors to let them know of these things rather than putting another enforcement detail on code enforcement, for instance. >> I I agree with you, Mr. McDonald, and I

498
02:21:00.479 --> 02:21:16.880
think in the spirit of uh it was maybe it was Jay and Mr. Mrs. Morali about that notification of neighbors and what's going on. I think it's just good practice um from an informal. >> Although although although since you need a permit to knock down a tree then

499
02:21:16.880 --> 02:21:32.319
that you know that >> once part of that permit process that would be a way to you know to notify notify neighbors of you know adjacent houses. So this has happened. >> I say let's not perfect be the enemy of

500
02:21:32.319 --> 02:21:49.200
good. I think this is a good start and we can certainly I've already received emails with some additional suggestions. Um, ordinances evolve over time. So, my recommendation would be that we pass this. Um, Mr. Mer, I did hear your concerns. I looked through the

501
02:21:49.200 --> 02:22:04.240
ordinance. I don't think that it's going to be overly limiting. Uh, yes. If you wanted to simply have one type of tree rather your entire property, um, then you would really be able to do that. There is an appeals process though. Uh but you know I think we want to have

502
02:22:04.240 --> 02:22:21.040
some diversification of species. Uh that's just a good thing in general. There's no native plant requirements. Uh so you know I I think that this balances uh strikes a good balance between letting residents choose you know what

503
02:22:21.040 --> 02:22:37.359
they want where they want etc. But also making sure that we continue to maintain our park-like suburban uh landscape. And if I may interject as well, Mr. Maser, I certainly agree with a lot of the points you made. You know, living on a historic

504
02:22:37.359 --> 02:22:55.359
property with a lot of let's called old trees. Uh yet that does come with some some risk where they have a widowmaker limb fall and such. So I'm a big proponent that the tree should maintain be maintained and you should have the the ability to uh to be able to take

505
02:22:55.359 --> 02:23:12.240
down a tree certainly not step on a homeowner's rights by any stretch. Uh what this does though is it more or less clarifies uh the u the process going forward and gives you more clarity. In addition to that, it lowers the insurance required for the contractor

506
02:23:12.240 --> 02:23:28.960
and it has to be a licensed contractor. Uh so it does ensure some more safety hazards while possibly bringing down the price because insurance uh requirements may not be so high. Uh but I certainly hear you. Uh, I wouldn't I'm probably I'm going to vote for it, but I would

507
02:23:28.960 --> 02:23:45.600
not vote for it if I thought it was clearly stepping on your on your rights as a property owner. >> Yeah, I I would agree with you and I I think, you know, um, as the mayor said, perfect be the enemy of of of good. you know, we worked uh in subcommittee going

508
02:23:45.600 --> 02:24:01.600
back and forth uh you know, really focusing on storm water uh protection both for residents and you know, we we were we were touching this precedent setting area. So, um this is certainly our the best we could do. So, um

509
02:24:01.600 --> 02:24:17.760
>> well, I wouldn't agree with that. This is what we have in front of >> this is what we I going to do >> on August 11th, 2026. Let me clarify. >> Okay. Okay. So, I made the mo That's a motion. I made >> We had a motion and a second. So, I ask for a roll call vote, please.

510
02:24:17.760 --> 02:24:33.439
>> Uh, Mr. Cohen, >> yes. >> Deputy Mayor Cosgrove, >> yes. >> Mr. Cerudo, >> yes. >> Mr. Stler, >> Mayor >> Second, >> yes. >> All right. Ordinance 2759-26. I present consideration ordinance title

511
02:24:33.439 --> 02:24:50.720
ordinance number 2759-26. Ordinance amending and supplementing chapter DH4 retail food establishments that establish standards for food establishment odor smoke grease and exhaust related nuisances. Tonight is

512
02:24:50.720 --> 02:25:09.359
the time set for public hearing and final passage notice. I declare the hearing. >> No. >> All right. I move that this public hearing be closed. the ordinance be adopted on final reading and that the township clerk be directed to post the

513
02:25:09.359 --> 02:25:25.840
ordinance by title the Melbourne Township public notices page has passed final reading accordance with law I have a second please >> roll call vote please >> Mr. Cohen >> yes >> deputy Mayor Cosgrove >> yes >> Mr. Cerudo >> yes >> Mr. Skler

514
02:25:25.840 --> 02:25:43.160
>> absolutely >> Mr. All right. Ordinance 2761-26. Deputy Mayor Costco with the sponsor. >> Thank you, Mayor. I present for consideration an ordinance entitled ordinance number 2761-26.

515
02:25:43.359 --> 02:25:58.319
An ordinance amending and supplementing the township of Milurn development regulations and zoning ordinance to establish regulations for the sighting design and review of wireless telecommunications facilities.

516
02:25:58.319 --> 02:26:16.800
Tonight is the time set for the public hearing and final passage as noticed in accordance with the law. I declare the hearing open. >> No, >> I'm just gonna talk until I walk up real fast. Is it possible just for some of us

517
02:26:16.800 --> 02:26:34.880
who are just like less educated on this um just to just on Mr. Cosgrove could you just just elaborate for me? That's all um beyond this little mini paragraph like what that what specifically the core design elements are.

518
02:26:34.880 --> 02:26:53.399
What >> I can elaborate? >> Thank you. Thanks. >> Do you have any more comments? >> I don't really have a comment because I don't I'm not really, you know, up to speed on it. I just wanted to hear what what it was. >> I'll elaborate on >> Okay. Thank you. Thanks. >> Anyone else?

519
02:26:55.280 --> 02:27:16.560
Okay. >> I move that this public hearing be closed and the ordinance be adopted on final reading and that the township clerk be directed to post the ordinance by title to the Milburn Township public notices page as passed on final reading

520
02:27:16.560 --> 02:27:33.359
in accordance with law. >> Have a second. Please second. >> All right. Uh so before we do the roll call vote um I actually asked some questions about this uh during the planning board review process and what was explained to me. That's why Mr.

521
02:27:33.359 --> 02:27:52.960
Pedto is here. So maybe Mr. Po, do you want to come up and explain a little bit about uh why we have this ordinance and how it fills gaps? We really have one for sure again planner. Um the ordinance before you

522
02:27:52.960 --> 02:28:07.439
this evening here on second meeting uh yes has was previously introduced and referred to the uh planning board for master plan consistency review or was found to be not consistent with master plan. Uh the ordinance before you um is an important fills an important gap

523
02:28:07.439 --> 02:28:24.560
within the the DRC. Um presently, um wireless telecommunication facilities located on private properties are not regulated under our ordinance. Um however, uh federal communications, uh requirement, shot clocks, timelines, all those things are still applicable and uh there is a requirement that

524
02:28:24.560 --> 02:28:40.960
municipalities, you know, facilitate installation of these features. uh presently in the absence of any local regulatory framework. The ordinance before you this evening establishes that regulatory framework uh provides these uh features and these facilities uh when installed on private uh property to be

525
02:28:40.960 --> 02:28:56.720
considered conditional uses subject to review by either planning board where all conditions are met or the zoning board of adjustment. uh there are clear detailed requirements, sighting, design, height, uh shielding, all of those requirements are set forth within this ordinance. So that is a controlled installation environment rather than

526
02:28:56.720 --> 02:29:12.560
being subject to a federal shot clock which requires approval of such a facility within a certain stipulated period of time. I also just did want to differentiate that this ordinance does not impact the separately regulated uh small wireless facilities within the public rights of way. um that's regulated within a separate uh chapter

527
02:29:12.560 --> 02:29:28.000
of the ordinance outside of the DRC given that those are features that are installed on public public property but just to confirm you mean non-residential uh property. >> Yes, correct. Yes. Yes. is uh the the permitted locations are narrow to uh

528
02:29:28.000 --> 02:29:44.000
exclude residential and it also specifically identifies particular zones in town where you can't put cell towers unless uh a certain barrier is is proved unless you can prove that putting it in

529
02:29:44.000 --> 02:29:58.880
one of the permitted areas would be able to provide the necessary service. So it actually helps protect res neighborhoods from uh you know cell towers appearing neighborhood. >> Yes, that's a correct characterization.

530
02:29:58.880 --> 02:30:14.000
There's a ste performance threshold that an applicant has to demonstrate as to why they would need it in certain locations. Correct. >> Other questions? >> No. >> Thank you. >> All right. Uh we got a

531
02:30:14.000 --> 02:30:32.080
motion and a second. Uh roll call vote, please. Mr. Cohen, >> yes. >> Deputy Mayor Cosgro, >> yes. >> Mr. Cerudo, >> yes. >> Mr. Stler, >> mayor, >> yes. >> Ordinance 2762-26, your schedule sponsor.

532
02:30:32.080 --> 02:30:47.040
I present for consideration an ordinance entitled ordinance number 2762-26 an ordinance to amend and supplement the revised general ordinances of the tanch of Melbourne chapter 2 administration article 5 boards committees and commissions the creation of the creative

533
02:30:47.040 --> 02:31:04.800
arts advisory committee tonight is the time set for public hearing and final passage as noticed according law >> I declare the hearing over no matter I move that this public hearing be closed and the ordinance be adopted on

534
02:31:04.800 --> 02:31:20.560
final reading and that the potential clerk be directed to post the ordinance by title on the Milbour public notices page as passing in accordance with >> I'll second motion call >> Mr. Cohen >> uh in keeping with my principle that

535
02:31:20.560 --> 02:31:43.359
committee should choose their own chair. >> I'm sorry. >> I'm sorry. We can discuss it. >> As I said at first reading, um I have to leave the commission to choose my own chair. So I would vote no. >> All right. In that case, we'll call

536
02:31:43.359 --> 02:31:59.040
please. >> Mr. Cohen. >> No. >> Deputy Mayor Cosgrove. Yes, >> Mr. Cerudo. >> Yes, >> Mr. Stler. >> Hi, >> Mayor Segman. >> Yes, Mayor. >> Can I make a comment and just say want

537
02:31:59.040 --> 02:32:16.240
to thank Lorraine Brennan and uh her leadership which will hopefully continue uh and all of our volunteers um who do a tremendous job. All the art advisory committee's activities uh scholarships uh and etc will continue. uh they have

538
02:32:16.240 --> 02:32:32.240
done a tremendous job for our community and this is an enhancement. Um so thank you. >> Ordinance 2764-26 sponsor. >> It would be my pleasure to sponsor this

539
02:32:32.240 --> 02:32:48.319
most consequential ordinance. I present for consideration ordinance entitled ordinance number 2764-26 bond ordinance providing for a contribution to the alternative site redevelopment project to be undertaken in township of Milbour the county of Essex state of New Jersey appropriating

540
02:32:48.319 --> 02:33:05.520
22375,000 therefore and authorizing the issuance of $21,850,000 bonds or notes of the township to finance part of the cost thereof. Tonight is the time set for the public hearing and final passage as noted in

541
02:33:05.520 --> 02:33:27.680
accordance with law. >> I can start the hearing over. >> Couple of quick question please. >> Just a couple quick questions on this eder. Um based on this RPM will have the

542
02:33:27.680 --> 02:33:43.680
right title and interest to that property. uh what happens in the future? Uh do they retain the right in perpetuity to the property and if for some reason uh affordable housing is

543
02:33:43.680 --> 02:33:58.960
struck down either by uh the uh legislature uh and the Supreme Court or the US Supreme Court and this becomes market grade housing does RPM retain the right to this property?

544
02:33:58.960 --> 02:34:25.680
Thank you speaker. >> Before we uh have answer to that question go ahead public comment >> closing public com. Uh, I move that this public hearing be closed and the ordinance be adopted on final reading and the town of Clark be

545
02:34:25.680 --> 02:34:41.920
directed to post the ordinance by title on the Milbourne Township public notices page as passed on final reading in accordance with law. >> I will second that motion. Attorney can address those. >> Sure. Even if at some point affordable housing statutes were found to be

546
02:34:41.920 --> 02:34:59.200
unconstitutional or unlawful, um, that'd be separate apart from the agreement we have with RPM. Part of the consideration for the land owner municipality was the building of affordable housing as that does benefit the town of Milbour. Uh in addition is deed restricted uh and that deed reported with the county clerk and

547
02:34:59.200 --> 02:35:14.399
we're grown with the land and anyone took the land was subject to that deed. So uh they've agreed uh to these terms separate apart from what says so we'd be protect the minimum 30-year deed restriction and I think if the funding program to acquire is completely longer

548
02:35:14.399 --> 02:35:30.160
we have language that period. >> Yeah, it's 30, but if there's any program that requires more actually we've seen it up to 40 go up to 40 years, but the agreement specifically provides for a 30-year de restriction, which is customary in practice at all these deals.

549
02:35:30.160 --> 02:35:44.960
>> And if your question is is it a gross enrichment of RPM at the expense of Milburn Short Hills residents, it definitely is. Uh however we are bound by uh decisions made by prior township commitments

550
02:35:44.960 --> 02:35:59.760
>> and this this arrangement is similar to what you'll find in many other towns. The way this typically works is if a town is sponsoring the project, they generally provide land by gap funding and the developer gets the land free and

551
02:35:59.760 --> 02:36:15.840
clear uh after the deed or after the transaction is done and then once the deed restriction expires, they can convert it to market rate housing. They can demolish it. They can do whatever they want with it. Um fortunately, it's the state that uh makes these affordable

552
02:36:15.840 --> 02:36:33.760
housing laws. Uh it's not something we have a lot of control over and uh this is us making the best of a bad situation. >> All right. Uh with that uh roll call vote please. >> Mr. Cohen. >> Yes. >> Deputy Mayor Cosgro. >> Yes. >> Mr. Cerudo. >> Yes.

553
02:36:33.760 --> 02:45:17.439
>> Mr. Stler? >> Absolutely. >> Mayor Sme, >> yes. We're going to take a brief stop. started business. We're about to business. First item up for new business is recognition of

554
02:45:17.439 --> 02:45:34.080
counter volunteers and first responders. Deputy Mayor Costro over to you. >> Thank you, Mayor. Um, this topic has has bounced around, I think, for for a long time. So, I can't can't say this is uh my idea. I don't know who started it,

555
02:45:34.080 --> 02:45:50.399
but um as as I look at it, I thought it might be a nice thing for the township to recognize uh committee members, you know, not not the TC members, but the, you know, the members of the various committees and the first responders. Um

556
02:45:50.399 --> 02:46:07.680
my thought um was, you know, there's a lot of things the town offers its residents that maybe we could offer to, you know, a pick list almost to um to the volunteers and to the first aid squad members. Um whether it's a free

557
02:46:07.680 --> 02:46:25.040
pool membership, a free parking shop, a parking permit, something like that. Um I don't think it's would cost us a lot of money. Um but uh that's that's the idea. see what people think about it and felt about it here in the day. Thank

558
02:46:25.040 --> 02:46:39.760
you. >> So my thought is for our volunteer first responders. Absolutely. Um the MSHB pass great idea. Um my only concern if we apply to all volunteers on all boards

559
02:46:39.760 --> 02:46:55.760
and committees. We have some committees that we allow unlimited membership to. So I don't want this to turn into uh a situation where people are signing up for a committee and then not attending just so they can get some free. Um well

560
02:46:55.760 --> 02:47:11.040
I don't think that would happen but it could happen. So uh I would want to see some sort of parameters around you know what the qualifications are what boards and communities would qualify. Uh, and I think we also need to quantify the what

561
02:47:11.040 --> 02:47:27.040
the rewards would be. >> Maybe maybe you could I agree with your concern about the volunteers. Maybe you could put a standard that you don't get it you've been on the committee for six months or something and show regular federal or whatever something to prove

562
02:47:27.040 --> 02:47:43.680
that you're not just doing it for the >> I I supported 100% for the first aid squad and I think we should put the limit there. Um I don't think that any other boarding commission should have any other um benefits from that angle.

563
02:47:43.680 --> 02:47:59.279
There there are alter parties at the end of the year that is a reward. uh maybe the frequency of those uh you know could increase but I don't think any other benefits u should uh

564
02:47:59.279 --> 02:48:16.800
should be into place because I think um you know there's just a number of concerns there that I have and it is volunteerism but I think the first aid squad you know Steve Roth does an amazing job over there I saw he was nominated for another award I grew up with so many people who still ride on

565
02:48:16.800 --> 02:48:34.479
the squad uh and they're purely doing it and they're saving lives. I mean, there's things we're reading about in the news uh and they're responding to other camps. So, I think uh certainly 100% on board with that. >> I completely agree on the first aid

566
02:48:34.479 --> 02:48:51.760
squad and going out to uh I mean every year I go to the volunteer party that they throw. It's always a fantastic time to shake the hands and look the volunteers in the eyes and say thank you for service and see everything they're doing. So, And from that perspective, I just talk about how you actually give

567
02:48:51.760 --> 02:49:09.040
out cash awards, pool memberships, things like that, and actually uh make it uh fair, I guess. Uh so for first responders, absolutely. Uh and if we want to do more parties, more dinners or something along that line, I'm all for

568
02:49:09.040 --> 02:49:25.279
it. But any type of cash order, things like that. So, so it sounds like uh there's consensus to do something here for the first responders. I would suggest maybe we start with that and then uh you know

569
02:49:25.279 --> 02:49:41.880
could always do something else if we come up with other ideas or find a way to to to balance some of the search together. It's good for everyone. >> Yeah. All right. So, uh afterare

570
02:49:44.960 --> 02:50:00.960
and uh maybe coordinate with Mr. McDonald as to what we could actually offer. I think most of the uh squad members are residents of town. Some are not. Uh so we just have to figure out how that would work. Um and I don't

571
02:50:00.960 --> 02:50:17.840
think I think doing anything, you know, related to a cash reward could be problematic. So, it needs to be, you know, something like a pre- shoppers permit or membership or something like that. Um, but I'll let uh you guys put your

572
02:50:17.840 --> 02:50:34.399
hands together and see what you suggest there. Uh, any other discussion on that? >> Uh, no. I I we'll get working on it. Appreciate it. >> Uh, next up, permitted principal uses in

573
02:50:34.399 --> 02:50:52.319
the Ezone. Uh David Cohen. >> Yeah. This is um in response to um a request from the business owner of the of the pet store on on Avenue and and his landlord. Um for whatever reason, and I did some

574
02:50:52.319 --> 02:51:08.240
research, no one seems to know why. Um pet grooming is not permitted in in that zone. I whereas we know that there is a booming place on Chattam Road which applies residential property. There's

575
02:51:08.240 --> 02:51:25.359
one downtown on Spring Street. And so um in the interest of helping a small business compete with some of the the chain stores that he competes with, I I felt that it would be worthwhile to the zoning ordinance, but I'm bringing it to the committee. If there's approval,

576
02:51:25.359 --> 02:51:45.200
it'll go to the zoning subcommittee to uh to to change that. I mean it doesn't have to go to subcommittee if it's something sorry doesn't have to go to the zoning code examination subcommittee >> is my microphone not working is that

577
02:51:45.200 --> 02:52:01.439
better so it it doesn't have to go to the zoning code examination subcommittee it can um I do think that there is uh perhaps a sense of urgency for this business owner because there um uh the precipice of going out of business. So,

578
02:52:01.439 --> 02:52:16.000
um, you know, look, I think you make a a fair point. Uh, if it's allowed on Chattam Road, I don't see why it shouldn't be allowed on Avenue. Uh, so I have no problem uh with it. >> Anyone else?

579
02:52:16.000 --> 02:52:32.960
>> Yeah, just a a couple thoughts. Um, I do think we have to be careful um of what district we change the rules for. Um, again that that upper Milbury Avenue where this is located, one side faces a

580
02:52:32.960 --> 02:52:49.600
parking lot. Um, you know, and I don't see a lot of issues with dogs barking with a parking lot behind it. Uh, but I do think the other side of the street, you know, changes that calculus because it backs up against residential houses. So I I think it might require an actual

581
02:52:49.600 --> 02:53:08.240
change of zoning of the district designation just for that stretch of the metropolitan side of the street there. >> Yeah, I wonder I agree. Um you know Mr. Pedto perhaps

582
02:53:08.240 --> 02:53:32.479
is it possible to do a zoning ordinance that >> applies to part of a zone? for the two different sides. You're um you're talking about this relates to the pet use. I apologize. >> Yes. Yes. Um

583
02:53:32.479 --> 02:53:48.800
we can discuss perhaps dividing a district into separate, you know, distinctive uh areas, but I I would just want to we need to further eval avoid the situation where spot zone um no specific spot, right? Um so um I think it's something we can further evaluate just and then further is to the

584
02:53:48.800 --> 02:54:05.439
expediency question um zoning code subcommittee being Thursday this week so we could certainly get this going very quickly to get that addressed >> as as I said when uh Mr. Mccclure came in front of us a couple months back. I'll do everything in my ability to

585
02:54:05.439 --> 02:54:22.240
support small businesses. Uh the really underpayer community and you know working with explore mil and the differences that we've made in a lot of these business owners lives. You know to us it's it's one of many to limit their entire existence and

586
02:54:22.240 --> 02:54:36.319
whatever we can do to keep him in business. I'm all for spot zoning, mass zoning, whatever it is. But the whole idea that he can't do grooming in his store with a parking lot behind him is ridiculous.

587
02:54:36.319 --> 02:54:52.720
>> Just a followup. I'm sorry if you're followup question I guess Grant for Graham maybe and Jared. Are are there any ordinances in town that deal with how they have to operate a dog grouping?

588
02:54:52.720 --> 02:55:08.000
>> When you talk about operational requirements, are you talking about hours of operation? whether it's like a health code or or you know anything like that or there's nothing >> I have to look if we haven't codified that but we certainly can >> yeah I have to look as well I know there

589
02:55:08.000 --> 02:55:24.640
is an animal section you know >> I'll take a look while >> so you say similar to like the restaurant >> that we would have I feel similarly obviously restrictions going to be there that whole area of upper Melbourne Avenue in particular is you know there's

590
02:55:24.640 --> 02:55:40.479
I would support looking at dividing that up because there's things that would apply um that should apply on one thing. Um but I'm okay with moving forward with this. >> All right. So, uh go to the zoning code examination subcommittee the next meeting.

591
02:55:40.479 --> 02:55:55.600
>> Uh and um you maybe that can be treated as a priority item. Uh the last thing I want to do is drag our feet on this and have the the guy go out of business. >> So, let's uh we'll express that to

592
02:55:55.600 --> 02:56:12.080
on this quickly and um if it makes sense to start talking about, you know, standards for dog grooming in general throughout town, >> maybe let's look at what some other towns do and make sense to incorporate those. Maybe that's a good time to do this as well.

593
02:56:12.080 --> 02:56:27.840
>> Uh all right, next up, traditional use restaurant service use. So, as I mentioned earlier, this is the this is the restaurant ordinance that's been kicking around for quite a long time. It would restore the rules back to

594
02:56:27.840 --> 02:56:42.960
where they were before CO where restaurants are not allowed within 12 to 25 ft in the in the B2 and B3 zone. So, that's along Upper Milurn Avenue and Morris Avenue. It maintained the conditional use for

595
02:56:42.960 --> 02:57:00.399
the R25 in in the downtown and that only affected four properties anyway, but that that didn't change. So, the downtown is unchanged, but it essentially takes us back to where we were, I guess, in 2020. Um, I don't know when this was actually the new one was actually passed, but it was out of uh

596
02:57:00.399 --> 02:57:17.359
out of co. >> So, my concern with this is um you know, I think there's some elements of the ordinance that are good that be pulled out and put into their own ordinance that might apply more broadly. Um, but I do have concern about basically prohibiting restaurants

597
02:57:17.359 --> 02:57:34.960
on Morris Turnpike. Uh, I do think that we need to think to the future. We know that there's going to be around five affordable housing at some point and we're running out of places to do development. I uh could foresee that Horus turn bike at some point in the

598
02:57:34.960 --> 02:57:53.120
future evolves into gets some sort of excuse or you know maybe everything gets pulled to the front with parking in the back. Um I know that uh Jorge showed me some some renderings he did uh of some ideas that uh he had for

599
02:57:53.120 --> 02:58:09.120
that area. um don't want to do anything that's going to um prohibit us in the future. And quite honestly, I I think that, you know, you probably could have restaurants uh operate safely and appropriately without

600
02:58:09.120 --> 02:58:26.560
disturbing the neighbors, provided necessary controls are in place, uh without, you know, being draconian, you know, outright banning them from uh that area. Uh so I think this needs more work. uh which is why uh it's on new

601
02:58:26.560 --> 02:58:44.560
business. Um all to the other committee members. >> Yeah. Let me one final thing I want to add. Uh I did speak to some members of the zoning code examination subcommittee about this specifically uh and the consensus that uh I received

602
02:58:44.560 --> 02:59:01.760
uh limited sample size uh was that this is something that is probably not necessary. Um, and it seems like it was driven by a one particular individual on the zoningation subcommittee that been trying to push this for several years

603
02:59:01.760 --> 02:59:17.600
now. Uh, and I'm always a little bit suspicious when we have a zoning ordinance comes up. It seems to be driven by one individual that perhaps has property that the zone that this is going to affect. So makes me want to, you know, question it and dig it a

604
02:59:17.600 --> 02:59:39.279
little bit deeper as to whether this is something that's going to be beneficial for the entire town. >> If I if I if I could to address one one comment, uh, mayor, um, I certainly support this too and I my house does not back up to a a restaurant. Um, I think

605
02:59:39.279 --> 02:59:56.000
we, and people have heard me make this speech before, we need to protect residents. It's residents in this town that pay by far majority of the property taxes in this town, not businesses. I'm not saying businesses are bad for the town at all. Don't don't misinterpret

606
02:59:56.000 --> 03:00:13.040
that. But when you have a situation where you're um backed up against a a house, we have to I think we should be um siding with the person who the resident who owns the house. Keep in mind that the old ordinance that we're trying to reinstate

607
03:00:13.040 --> 03:00:31.040
um does not ban anything. It just requires that it go before a board and that that's an opportunity for a resident who's lives behind that house or residents who who live behind the area to be heard and to try to get the

608
03:00:31.040 --> 03:00:46.160
application den. So, you know, it's not, you know, it shouldn't be approached, I don't think, as this is banning anything. is setting forth some requirements and some controls so that we don't have a

609
03:00:46.160 --> 03:01:04.080
situation where uh you know a food business moves in. I think we all know because we've all heard this over time um that um the town is frankly unable to keep up with enforcing the terms and conditions

610
03:01:04.080 --> 03:01:21.359
that businesses need to operate out there and people residents as well. we just don't have enough people working uh to go out and and write the tickets and and enforce the codes that we have. And that's part of the problem when you have a you know a situation where you say

611
03:01:21.359 --> 03:01:36.560
okay we have a control that a business restaurant is supposed to behave in a certain fashion but they don't always do um and then the residents left holding the bag when they back up against the against the property. So I think we owe

612
03:01:36.560 --> 03:01:53.439
that to the to the to the residents >> and I would add that you know there's the argument that you know people bought I mean obviously there's the turnover of those houses but in general for there are a lot of long-term residents that are affected by this and when they bought their house that this was the

613
03:01:53.439 --> 03:02:10.319
rule and it was changed under emergency conditions due to co that was the rationale for co's only so you know so that coupled with the fact that there hasn't been a restaurant that has actually applied to come here. So, I

614
03:02:10.319 --> 03:02:26.399
don't know that we're shutting the door on restaurants. And and Debbiey's Mayor Cosro was right. Even if it if if this passes, they would have to come if a restaurant wanted to come in, they would have to come before landing board and ask for a variance and either they get it or you know, but it would give the

615
03:02:26.399 --> 03:02:42.479
residents an opportunity to to react to it and follow follow those rules and then the decision would be up to the land if it was in the best interest of the town to to allow that variance. >> Okay. So, I I'm curious. This was one of

616
03:02:42.479 --> 03:02:57.279
the questions I had is the south side of of upper Milbourne Avenue, uh, where Kate Aby's used to be, let's just say, you know, uh, B next to Bagel Pantry next to Enzo or next to over there. If arrest, how would this ordinance affect

617
03:02:57.279 --> 03:03:13.840
if some if a location on the south side of Upper Melbourne Avenue wanted to open up today versus past the witness? >> They're not 125 ft. They're more than 125 ft. >> So the one next the one next to the on

618
03:03:13.840 --> 03:03:32.960
the corner there of Glenwood and Milbury it would affect that one. What was the name? >> It's that side of the street. >> I just want to be very clear. So it wouldn't be affected that that >> and that is sorry that that is its own

619
03:03:32.960 --> 03:03:48.399
district right now. Well, that's what we're talking about with the grooming is that you could deal with you could deal with the grooming for example on its own, right? Isn't that what you refer to earlier? >> Graham, aren't aren't those have new designations? I think don't they gra?

620
03:03:48.399 --> 03:04:03.680
>> Yeah, the I'm going to say the north side of of Milurn A and Morris Turnpike. >> They be the B3 zone along >> and aren't they A and B? >> There there are broken up districts. Yes. B2 zone. That's an A B to C.

621
03:04:03.680 --> 03:04:20.399
there are different B2 zones and that was to incorporate the affordable housing overlay requirements. So yes, there are different there those zone the B2 zones are broken up but that was for the the intent of that was to require portal housing. So there is an opportunity to specify uses in those

622
03:04:20.399 --> 03:04:38.319
>> Okay, another question. So for example, if a I don't know let's say like a Jersey Mike's for instance wanted to uh open where the AT&T store is, would this prohibit that? Um I don't know the exact dimensional distance. Uh if any portion of the building is within 125 ft of the

623
03:04:38.319 --> 03:04:55.920
adjoining residential zone or residential use then that would not be permitted they would require people >> right so you know I I think there's a lot of opportunity for horse turnpike to evolve uh and I just don't think it's a

624
03:04:55.920 --> 03:05:11.840
good idea to shut the door on this. Yes, they could go for a variance, but you know, one of the complaints that we hear uh all the time from uh for Milford uh for Hills actually is that businesses don't want to come to town because there's so much red tape. There's a lot

625
03:05:11.840 --> 03:05:27.439
of hoops they have to jump through. Um you know, it's not like we have a restaurant that's, you know, chomping at the bit to get in here in that area. Um you know, the law has been the ordinance has been the way it has been for a while. Um, I don't know why it would

626
03:05:27.439 --> 03:05:44.640
have been changed for COVID unless it was for to accommodate something that was already there and not. >> So, it was changed to encourage restaurants to come. They didn't come. >> Okay. Well, >> who who changed it? It's the township committee. >> Township committee back then >> back then

627
03:05:44.640 --> 03:06:01.359
>> just in 2020 committee, >> right? >> So, yeah. >> Um, you know, look, I think it was done for a reason. I think that area is in need of more businesses and uh I think it's too shortsighted to pass this

628
03:06:01.359 --> 03:06:16.000
ordinance. So my recommendation is we take a look at this maybe we pull out some stuff that we think would be beneficial. Uh you know on a broader basis um but I I think this continues to be

629
03:06:16.000 --> 03:06:33.840
uh yeah I would agree. I think uh look I think uh to Dave's point of deputy mayor Cosgrove obviously residents first um and I but I how could we this is my thinking you know is there a way how do you draw the

630
03:06:33.840 --> 03:06:51.279
line? I mean what how do we still encourage restaurants and make it an easier process you know is it another way is it another part of our uh you know constructing your business uh sorry my words I guess it's getting late uh uh zoning office you know how what are

631
03:06:51.279 --> 03:07:06.399
other communities doing to help streamline restaurants aren't allowed at all they're certainly allowed downtown and there are obviously quite a number of them and that's a logical place for restaurants. You know, I mean, if you bought your house and you

632
03:07:06.399 --> 03:07:23.120
live near downtown, you that's a choice that you made. The area behind Milburn Avenue is a res. >> If you bought your house and the backyard bus strip mall, I think you know what you're getting yourself. >> Well, I would say I would say look, Jimmy John's is opening within the

633
03:07:23.120 --> 03:07:39.040
Basker Robins Dunkin Donuts, right? >> It's already open. I understand it's Springfield, but let's keep in mind it's the other side of of of Morris. And why did they not open on the other side of the street? Um I don't know. Maybe because they when the Jersey bikes had

634
03:07:39.040 --> 03:07:55.120
had attempted to open, it was struck down. So there's just sort of where is our attitude? Um would we have liked to have had a uh a uh the Jimmy Johns or the Jersey Mike on our side, but maybe on that not on that part of Morris Avenue, but at another part of Morris

635
03:07:55.120 --> 03:08:11.840
Avenue. I'm just trying to think because, you know, you just, you know, uh, Springfield's got Chipotle, Springfield's got Wawa, Springfield's got, uh, you know, uh, they got a lot. They got a lot on their side of the street. And I go to Wendy's and I love it, but bagels for you. Uh, we're at

636
03:08:11.840 --> 03:08:29.040
Panera tonight. So, but let's, um, you know what? What can we do, Graham? >> Well, I think we need to do some further investigations. I personally would like to uh go and look at some maps and do some measurements to see, you know, how ownorous this 125 foot barrier is going

637
03:08:29.040 --> 03:08:48.359
to be, whether it's going to be a problem or not. um you know >> I mean we looked at that exist I would take the poll as to whether we think this is ready to move forward I personally not

638
03:08:49.359 --> 03:09:05.600
>> first I'm a guess that the township committee would would step on residents rights like that open that up I I have to understand why be be crazy for me to make the decision. Now, I wanted to understand why they didn't open that up.

639
03:09:05.600 --> 03:09:22.720
Uh, and you know, the TC and the same TC that's responsible for the main street for the dump project. I just don't understand how the why we want to make that an election issue. Elections matter. So, I would

640
03:09:22.720 --> 03:09:38.080
want to do more work to understand what happened. I think we need a better understanding of why >> why it was changed to begin with and what the goals were and reassess. So not saying we aren't going to do this eventually. It might need weeks. I just

641
03:09:38.080 --> 03:09:58.880
think it's premature. >> Yeah, I'd like to see those frankly. >> Yeah, if I can if I can, you know, no. >> No, of course not. support together as well as show

642
03:09:58.880 --> 03:10:26.640
a lot of things with something else we're talking about tonight and recruiting great places. All right. Um, next up, historic preservation commission ordinance addition requirements. So, uh, earlier this year, we had a situation where a

643
03:10:26.640 --> 03:10:43.359
neighborhood came and said they wanted to become historic. uh we were uh all under the impression that the majority of residents of the district supported that. Uh as the process went on, the residents changed their minds. Uh and you know, as a

644
03:10:43.359 --> 03:11:00.000
township committee, we rightly made the decision to turn it back to the residents of that district and said, you know, if the majority decides they don't want to be historic, then we're not going to make them historic. Uh and that's what ended up happening. But it wasted a lot of time and energy for um

645
03:11:00.000 --> 03:11:15.520
you know our professionals for the HPC uh and certainly got a lot of residents riled up that I think you know was sort of unnecessary. Uh so my proposal is that we change our HPC ordinance. uh we

646
03:11:15.520 --> 03:11:32.000
make uh we protect individual property rights more and what I would suggest is that in order to have a historic district in a neighborhood that you need to have 75% of the owners of the property in the proposed district

647
03:11:32.000 --> 03:11:47.520
affirmatively sign a petition that should be notorized uh saying they want this before the township committee and the HPC consider it. this would eliminate a lot of the uh consternation uh that I think

648
03:11:47.520 --> 03:12:03.680
occurred earlier this year. Uh I think it protects uh people's property rights. Um and uh you know I I think we you know when we see a problem we go through a situation and you know we see okay well

649
03:12:03.680 --> 03:12:20.319
let's take a step back there's probably ways to avoid this in the future and make some improvements. I think this would uh would be a solid improvement. So I wanted to see what the rest thought about this. >> I'll jump on that. Um I'm all for it. Uh

650
03:12:20.319 --> 03:12:34.800
you know we were told that there was a significant more people who had a written petition to do that and you know I 100% agree stepping on you know everybody's right. I would just like to make sure that it's one person one

651
03:12:34.800 --> 03:12:52.080
property two property owners that it's one vote per household based >> yes >> and would have to be the property owners rental property property >> sounds funny to me I mean that would certainly eliminate a lot of

652
03:12:52.080 --> 03:13:10.880
conservation a lot of uh late nights at the two so you said 75%. I'm just trying to remember there was there's some kind of rule already about 20% of the residents objecting. >> There's a there's a 20% protest provision, >> right?

653
03:13:10.880 --> 03:13:27.200
>> But still with four votes of the township committee can be foisted upon them. This would prevent that. >> This would prevent that from happening. >> Uh this would make it so that it is in the resident's hands for them to determine whether they want to be

654
03:13:27.200 --> 03:13:44.720
stored. Now, uh, what not apply to is an individual wants to designate their own individual property, they're welcome to do so. Uh, if the township wanted to designate an individual property, you know, like the Hessen House, Parasol House, something like that, we'd still

655
03:13:44.720 --> 03:14:00.880
have a mechanism to do that. This is really talking about districts, which is what tends to, you know, cause >> I'm just trying to run the numbers. So, 75% of the people wanted it, but that was all they had. Therefore, they were 25% opposed. That would still require

656
03:14:00.880 --> 03:14:15.760
the super majority. >> It would >> it would it would require the super majority. If they were if they had if they brought it to 75 and then they were able to convince another 6%, right? Then it would require just so

657
03:14:15.760 --> 03:14:33.359
>> and that's it. 25% organized and actually about the objective >> but as a starting point versus a written actual bogey you have to reach to actually come in front of the TC versus doing a conjecture and >> right and it stops you know a potential

658
03:14:33.359 --> 03:14:50.560
future you know TC from just going deciding arbitrarily to designate paper >> right so >> and that that petition would then be need to be supplied to the TC but because we know we heard about that petition but we never saw it. Right. >> So in this rule that that signed

659
03:14:50.560 --> 03:15:07.479
petition would need to be shown to the TC before any proceedings starting. >> Yeah. I think this is great clean up. Um I think sense a good direction and uh I agree with moving forward getting this ordinance in order.

660
03:15:07.600 --> 03:15:28.239
>> I'm assuming Jerry's pretty tough at writing this. So you you'd want to make sure it deals with a situation where husband and wife and one of them agree. >> No, but just that cancels >> I don't know but you'd have to deal with

661
03:15:28.239 --> 03:15:46.479
that because I can see that wanted one vote per household. I don't know what would happen to be one vote per house. Yeah, I think one vote for household and it's a split vote then >> it should be a default

662
03:15:46.479 --> 03:16:02.479
>> in our boot that I guess you do >> we don't have no >> so if you had one yes the house you remove it from the >> that's fine it's divided I'm sorry >> so the way I was

663
03:16:02.479 --> 03:16:19.920
>> the way I was interpreting was at least if we're only having one vote But we're only collecting yes votes. We would have a yes vote for that house. And that if if the other spouse wanted to vote no or didn't want it, she would have to either sign the protest position or come here and say, "My household is

664
03:16:19.920 --> 03:16:40.239
one of the 75%. However, I disagree with my husband." >> Did we have that though? We had that. We had we had that >> they were they were tongue and cheek about it but they did say

665
03:16:40.239 --> 03:16:56.880
>> anyway I think this is about improvement and I know that um I had already asked to look into this the legality of it uh something that we can do and quite honestly we were the ones that set the precedent for the entire state with HPC

666
03:16:56.880 --> 03:17:14.399
Uh we have the model ordinance and uh I think this is another example of how Milbour can be a trailblazer here and look to help protect and enhance property rights uh while still leaving mechanisms available for historic preservation if that's something that uh

667
03:17:14.399 --> 03:17:30.479
the majority of the residents want. >> Sounds good. So sounds like you have your parters. Um, next up, traffic concerns, Annie says in South Mountain. So, I requested this topic. Um, I've been hearing that

668
03:17:30.479 --> 03:17:45.840
there may be some sort of petition circulating about concerns about traffic in the South Mountain area. Uh, we have Annie says that's going to be coming online soon. So, I think there's a lot of consternation about traffic. Um, one

669
03:17:45.840 --> 03:18:01.279
of the things that I sort of adh hearing is that um, some residents seem to think putting speed bumps on Melbourne Avenue would be a solution. Uh, I wanted to address the fact that it is a county road. Number one, uh, so our township

670
03:18:01.279 --> 03:18:16.800
cannot put speed bumps on a county road. Number two, as a county road, I believe there are state requirements that say that if a certain number of cars transit that road, then you can't put speed bumps on it. and Milbert Avenue exceeds that threshold. >> Yeah.

671
03:18:16.800 --> 03:18:32.960
>> Uh as a little bit of a history lesson back uh few while ago I guess uh the township put speed bumps on a plan which I guess is also a county road. The township then had to remove those. So I just thought it'd be good to dispel the

672
03:18:32.960 --> 03:18:48.720
notion that speed bumps are any sort of option. Uh that's off the table. The other thing that I was hearing is some residents were saying, "Well, maybe if you made the roads, you know, in South Mountain one way, uh, I think someone was suggesting Undercliff, other people

673
03:18:48.720 --> 03:19:05.120
were suggesting a different one." >> Um, you know, so I wanted to bring that up for discussion. My immediate concern with that after I talked to um, Mr. McDonald was that if you make one of the roads one way, then residents the other

674
03:19:05.120 --> 03:19:22.000
roads are going to want it to be one way and then you start pushing the traffic problems further down and you're going to end up with more bottlenecks. So, I think that what we should do is we've talked for the past few years about doing a larger traffic study in the downtown and perhaps beyond. I think we

675
03:19:22.000 --> 03:19:37.920
ought to take a look at that uh quote again and then figure out when's the best time to do that. Personally, I think we should wait until Annie says as some residents. >> Sure. >> Um, one of the things I know we were waiting on is clarity as to where the nine main project was going to go. Now,

676
03:19:37.920 --> 03:19:54.160
we know that. So, uh, I don't want to wait for that to be done, but I think we're starting to near the point where Manny says it's going to be done. People will move in. We ought to have something on our radar about dealing with traffic there. And I also think it'd be a good opportunity for us to have another

677
03:19:54.160 --> 03:20:09.600
conversation county to have them have their traffic engineers and I'd be happy to, you know, with any one of you go to to Jod and um and Sanji is the county traffic engineer and say, "Hey, let's start thinking about this in a holistic

678
03:20:09.600 --> 03:20:25.920
manner. You know, what do we think?" And that way we're we're prepared. And uh I want us to be proactive instead of reactive. But I also don't want us to go and go do something, make a change that, you know, later we're going to regret because we don't actually know what the

679
03:20:25.920 --> 03:20:40.960
traffic flow is going to look like. >> Yeah, I I think 100%. Um, you know, obviously, uh, you know, speed bumps are not going to work. I remember that Glenn, there were two big ones. There was also one, what Richwood, there were a couple

680
03:20:40.960 --> 03:20:58.239
around town. Um, so speed bumps are definitely not. And then, you know, as you move one way, you're going to funnel more traffic onto Wyoming Avenue. You know, Chris Trucker is not going to be happy, you know, in front of his house when he's got so many stor. Um, so I I

681
03:20:58.239 --> 03:21:13.520
definitely and I'd be happy to meet with the county as well, you know, continue our conversations from earlier in the year. I think it's uh it's good. It's it's we've been on the cutting edge. I'd say a lot of pedestrian safety measures this year. Um the reconstruction of that

682
03:21:13.520 --> 03:21:29.279
intersection as well is is going to be uh hopefully coming online too right there. >> And we're making we're making the says developer eliminate those two dangerous crosswalks at their own expense. >> So I think the timing is perfect that those will be removed. So you know safe

683
03:21:29.279 --> 03:21:45.120
routes to school, safe routes to work, the flow of the traffic. Um I'm all for it. I think Mr. McDonald, I remember having some conversations about some new technology as well, uh, that we could potentially employ for for traffic studies. So, um,

684
03:21:45.120 --> 03:22:01.200
>> and you know, it's not just South Mountain, it's also the Wyoming section. You know, my daughter walks home from school on that section. So, you know, once again, elections matter. Where was this discussion at the planning board five years ago, three year ago, three

685
03:22:01.200 --> 03:22:17.279
years ago, four years ago? You're not >> I'm not electionering. But if you want to talk about traffic studies, when you're putting Annie says there, which is a monstrosity of a building, >> you got to talk about why did it not go through the planning board. I'm not mentioning anybody's name. You want me

686
03:22:17.279 --> 03:22:36.720
to mention a name? I can, but I'm not going to. Your comments may be matter. You're talking about one. >> Oh, I see. Okay. Okay. I hear you. So good

687
03:22:36.720 --> 03:22:53.120
competence matters. There we go. Competence matters. Being able to look at a project and understand what the benefits and the negative effects on a town are is important to that town and to taxpayers everywhere. So from that

688
03:22:53.120 --> 03:23:09.120
standpoint, uh you know, I'm a big proponent. Safety's number one. the people walking through that section by that by that building. It's very important that they're safe and whatever we can do. I I'm just confused that

689
03:23:09.120 --> 03:23:32.880
the right the right things weren't taken because wait what when the infrastructure blows up too depending on what the the drainage situation is time will tell. >> All right. So, uh, I think what we will do is we can take this offline. Um, I

690
03:23:32.880 --> 03:23:49.680
will talk with Mr. McDonald and maybe we'll take a look at some of those proposals that we had had looked at for traffic studies. >> Yeah. >> Uh, and start making some some, you know, plans as to the best timing to to do this, what to look at, what to

691
03:23:49.680 --> 03:24:05.920
consider. And I think in the meantime, uh, we can start having conversations with the county, uh, to have them start taking a look at this because I think they ought to be aware that there's this large building coming online and it's going to have an impact and, uh, you know, they've got engineers of their own

692
03:24:05.920 --> 03:24:22.560
and it's county roads, they should also uh, start thinking about this and we need to have this on their radar. So, this is a good good way of being proactive. >> All right. Uh, next up is special improvement district restructuring. Um,

693
03:24:22.560 --> 03:24:38.399
so this is something that we've touched on on and off for a while now. Um, and um, I think where we're at right now is what we're looking at is expanding the boundaries of the SID so that it goes

694
03:24:38.399 --> 03:24:56.000
further down Main Street. Uh, because there's a number of businesses there that apparently over the years reached out to the SID, asked for their services. they were told well you're not part of the sins so we can provide the services um so I think there's some value out there we also looked at doing

695
03:24:56.000 --> 03:25:12.160
a tiered uh structure so that the downtown district have one assessment the outer districts would have a different assessment the logic behind that was um you know while the sid does a lot more than events a lot of the events are downtown focused and it makes

696
03:25:12.160 --> 03:25:28.000
sense for them to be that's where we have the space etc etc uh so a tiered structure would make sense and by expanding the boundaries to sit, we would bring in additional revenue that would actually offset uh you know I think any any fee difference. So what

697
03:25:28.000 --> 03:25:43.840
would end up happening is likely downtown businesses continue paying something similar to what they're paying now and businesses in the outer district would pay a little bit less um and you know we'd be able to provide more services to to more businesses in town.

698
03:25:43.840 --> 03:26:00.399
And then the other thing we looked at um you know with the departure of uh Steve uh we realized that in order to be competitive and to get someone good really have to have the ability to offer health benefits and to do that you really would have to make them a

699
03:26:00.399 --> 03:26:16.160
township employee. Uh it's going to be too ownorous for the citizen health benefits uh and also go up. So the idea was some towns have directors of economic development. So the idea was

700
03:26:16.160 --> 03:26:31.760
you would get a director of economic development as a new position that would report to the business administrator. Uh and that individual would also be the chair of the SID or maybe it has to be a bid, whatever structure it may be. Um

701
03:26:31.760 --> 03:26:49.760
they would be responsible for that. and director of economic development. I think we're going to pull from a a bigger pool of talent. It's more prestigious position and it will also allow us to focus on, you know, Milbourne overall and the economics of

702
03:26:49.760 --> 03:27:05.120
uh Milbourne overall, the development of Milbourne overall. And we would also have someone that that was able to um you know manage the sit because I think there were a lot of things that Steve was doing that was helpful to town hall

703
03:27:05.120 --> 03:27:20.720
but wasn't you know necessarily technically under his purview. So I think this would help codify codify that. So I know we've talked about this uh uh in the past. Uh I wanted to see if we're ready to start

704
03:27:20.720 --> 03:27:36.160
moving along. I know we were doing some research. I think we found that transfer has a director of economics development and some sort of sitter bid. Um so you know say start moving uh we don't want to leave

705
03:27:36.160 --> 03:27:52.160
the sid without an executive director for too long. Um so I wanted to see if there's consensus to get get this moving. >> Yeah, I support that. I'm glad that you included the expansion because we talked about that a long time ago and it kind of fell away. that back and I'm happy to

706
03:27:52.160 --> 03:28:07.680
work on that. >> I just have concerns about who's going to pay, you know, that positions move. It's >> I wanted to add that. Yeah. What I >> But I support the Yeah. ideally what I would like to have happen is so under

707
03:28:07.680 --> 03:28:25.120
the old arrangement, the township paid half of the SID director's salary. I think that the SID should have to make some sort of contribution to this new director of economic development salary and we'd have to figure out how to structure that. There's probably of

708
03:28:25.120 --> 03:28:40.720
legal stuff we have to do, but where there's a way um I wouldn't want to continue to see the businesses since they're going to get the benefit out of this, they should have stop the bill. Um, mayor, sorry, sorry to interrupt, but I did just want to um provide the

709
03:28:40.720 --> 03:28:56.000
committee with some information I did receive uh in speaking at Cranford uh earlier today. Actually, uh finally got a hold of them. Um and they are structured as you described in which the uh business and economic development uh

710
03:28:56.000 --> 03:29:13.120
personnel is a township employee. Um they're also any supporting staff or township employees. I believe they're part-time. Uh the SID in Cranford provides a 50% um contribution. So it just be sort of flopping or flipping the

711
03:29:13.120 --> 03:29:28.880
arrangement that we currently have and they provide uh a a monetary value not 50% but a monetary value towards the health benefits of that of that individual as well. Uh they do run the uh meeting as you described. Um and so

712
03:29:28.880 --> 03:29:44.399
uh and and and we're very we're set up very similarly uh in terms of Cranford with the exception that it is flipped in Milbour um and and certainly could be flipped the other way um as it is in Cranford. >> I I think it sounds like an ideal model.

713
03:29:44.399 --> 03:29:59.840
Um I appreciate the research, Mr. McDonald. Um I know we've gotten gone back and forth uh and I think it's serendipitous that uh got the information today. Um, so I'd like to move forward with it. Uh,

714
03:29:59.840 --> 03:30:15.359
expediently. >> Great. Uh, so we can get together. >> One thing I would like to mention though is uh, as we move it forward, I I always wondered why Steve was not employed by the township. I just want to make sure we don't lose

715
03:30:15.359 --> 03:30:31.760
any of the uh, KPIs, the metrics and such that we put in place to to to manage it well and see have a tangible period over period of visibility and scorecard if you will. >> Yeah. So it would be a broken replace

716
03:30:31.760 --> 03:30:48.000
with new SID and director of economic development and uh I don't know if we have that two ordinances or one ordinance but that's for you to figure out doing the same thing. Um great

717
03:30:48.000 --> 03:31:06.239
that is it for new business. Uh so now Public comment. The public comment period is to allow for final comments for the community when invited to speak to offer your comment. Please turn clearly state your name whether you are a Milber resident

718
03:31:06.239 --> 03:31:21.760
or property or business owner. Please do not provide your full address seeen as our meetings are recorded and are not readily available and are readily available to the public. A reminder that in order to help facilitate an orderly meeting and to permit all to be heard, speakers shall limit their comments to

719
03:31:21.760 --> 03:31:45.120
one three minute session. Public comments is now open. Um good evening again. Again, thank you for the presentation on the high center. Just wish it was before the original public comments because

720
03:31:45.120 --> 03:32:01.760
it's very important for us to understand that the site plan that's going to be reviewed is different than the last site plan that was presented to the planning board. And I think people should understand that there was differences that give back or give up by the rabbi

721
03:32:01.760 --> 03:32:18.000
that I did not know till the presentation. Um I'm also glad that we're going to have the red development plan for spring essays. It's very important that citizens be able to see from drawings

722
03:32:18.000 --> 03:32:34.319
what RPM is proposing. So you see the project is maybe like 1950s um Soviet housing like they do in urban areas or will it be looking like the bar or would it be looking like any says

723
03:32:34.319 --> 03:32:49.680
right now? No one really knows. Uh we just have words in the development plan. I also want to thank Jar for the clarity he has because Jamie for six years I've been talking about long-term tax exemptions

724
03:32:49.680 --> 03:33:06.560
and there's real uncertainty because we're talking about this gentleman is talking about the profits about importance of having an urban renewal entity and the only way we could challenge this because this is a change in policy. That challenge will not occur during the

725
03:33:06.560 --> 03:33:24.080
fairness hearing as as described by attorney Caner because it's only about whether this is in the best interest of the M people that there have to be a prerogative action brought to all the uh reasons that I've been giving you the objections that were there. So I think I

726
03:33:24.080 --> 03:33:40.319
have to I'm looking forward to talking to the board of education because right now no money's flow to the board of education. The only way to make sure money is flow there has to be a separate lawsuit. uh brought within 45 days of J um July 29th.

727
03:33:40.319 --> 03:33:55.760
Um as to Springfield, you use the example of Springfield. I would not use the example of Springfield. If you look at Mars Avenue, they had a suitor redeveloper that the structure that's on Mars Avenue. We that might be an eyesore for I don't know how many years. Then you look at Scotties, how long is that

728
03:33:55.760 --> 03:34:11.120
going to be a hole? So don't always look at Springfield, what's out there? because they don't even know how many units are being built there. Folks, on September 1st, 2020, I talked about best practices and best

729
03:34:11.120 --> 03:34:29.840
practices that we're supposed to have a director of economic development. Now, we're hearing it, I don't know, six years of litigation about stuff, but one issue you didn't talk about is an elected board. Most states, all this as

730
03:34:29.840 --> 03:34:54.080
I know, the people that are paying the special assessment elect, I'd like to address the mayor. I can understand the impulse to um correct any perceived criticism or insult,

731
03:34:54.080 --> 03:35:11.200
especially with with public comment. Um, but I think in the interest of of keeping the temperature down and not doing anything perceived as being campaigning from the deis, I think as mayor, I would call upon you more than anybody in the committee to set an example for the committee people, Mr.

732
03:35:11.200 --> 03:35:27.279
Stler, the other committee people um, to keep the temperature down. I mean, I understand again I understand that impulse, but there's no need, you don't need to answer every perceived criticism. You don't need to mention names of people and frankly attack them personally. And you don't need to go

733
03:35:27.279 --> 03:35:42.880
into the past and attack previous actors for different things that you feel may have not been the right thing to do because that's your opinion and they're in the past. They're over and frankly I believe the people in this town would appreciate your successes and there are

734
03:35:42.880 --> 03:35:59.279
successes more if they weren't set off against these criticisms of other people. That's something that I know myself and other people are getting very tired of regardless of politics. As Mr. Caner suggested, coming into this political time, this is going to be more

735
03:35:59.279 --> 03:36:24.239
important than ever. And I think just a responsibility as mayor, I ask you to consider that. Thank you. >> Good morning. cyber back again. So this is how this is how life works. It's a pendulum

736
03:36:24.239 --> 03:36:40.960
goes one way till it can't go anymore. Then it goes the other way. This is what happened in this uh town here. It went this way so far that it had to go the other way. And

737
03:36:40.960 --> 03:36:57.680
that's what I see is happening now in a good in a good map. We are now leveling out and moving in a better direction. Thank you guys for all your hard work. Keep up the good work. Good tonight.

738
03:36:57.680 --> 03:37:21.359
Let's close this meeting. All right. >> More resident. Um I'd like to make four points real quick. The first is concerning my right to speak as a resident on an issue that's before this committee because I am a member of one

739
03:37:21.359 --> 03:37:37.439
of the commissions. I seem to recall the leafblower ordinance that was passed which affected everyone in town and there were members of the planning board, the um uh

740
03:37:37.439 --> 03:37:53.120
environmental committee, members of every committee were up here speaking about it. So if there is an issue with my speaking with regard to an issue that does impact me, um Mr. Caner, could you,

741
03:37:53.120 --> 03:38:07.840
you know, after I finished, please clarify my right to speak on this issue. Thank you. Number two, I first became involved in zoning when the affordable housing settlement took place with

742
03:38:07.840 --> 03:38:24.800
regard to the overlay zones. Um, it took five times coming before the TC requesting that there be an open discussion to talk about zoning in the overlay zones and what would it mean. I

743
03:38:24.800 --> 03:38:41.200
worked with Alex. Um, I worked with David Cosgrove. I worked with Graedo. Out of that came what is now the buffer ordinance 609.3. I've been involved in zoning as it pertains to residents for a

744
03:38:41.200 --> 03:38:58.000
long time. If you're going to go back and look at the history of the 125 ft setback, go back to 1993 when Mary McN, Bill Horbat, uh maybe Elaine Becker were were on the TC at

745
03:38:58.000 --> 03:39:15.840
that time when they put in place the 125 ft regulation. then go to 2021 and watch tapes. The people that spoke in favor of removing the 125 foot were property developers

746
03:39:15.840 --> 03:39:31.279
and landlords, commercial property owners. This is not small businesses. These are people that benefit by removing. They are the people that spoke in favor of it. Watch the tapes. 80 plus

747
03:39:31.279 --> 03:39:46.880
residents signed a petition asking that the committee do more work before approving that. Um, and my final point uh for point of clarification on zoning in the B2 zone. The southside and

748
03:39:46.880 --> 03:40:03.920
north side of Upper Milford Avenue are both part of B2 zone. There is already carveout language in there as pertains to for a area ratio. On the south side, there's one set of conditions. On the north side, there's a

749
03:40:03.920 --> 03:40:25.600
different set of conditions. So, that already exists. >> Christine, thank you for that explanation. Was very informative. Um well I I wasn't able to finish my full thing. Um I'm going to go back to there's so many things I want to talk

750
03:40:25.600 --> 03:40:43.200
about. Thank you so much for all the work you guys have done. You just cranking on existence pretty amazing. So thank you. Um and I'm pretty pleased a lot of things are going on. Um so sorry I'm tired. I'm not peppy like Jamie. But

751
03:40:43.200 --> 03:40:59.600
um I just wanted to talk and indeed you had brought up the orderly and disorderly persons things kind of tied into that too. So so there was like a whole process where people gossip about all the politics that go on in this town and there was a lot of um like sites

752
03:40:59.600 --> 03:41:16.080
like the company street site supposed to be like if you were against streets you want to talk about it but you're not I'm not allowed on it. I've applied to go on it like a bunch of times and it's it's a very it's mostly a democratic site was that folks in South Mountain and um so I can't go on that and I've actually seen

753
03:41:16.080 --> 03:41:31.120
many screenshots that people showed me of people making really rude comments about me calling me all sorts of terrible things um and including I' I've seen some for Bill and you know and um so you know that's upsetting. So when

754
03:41:31.120 --> 03:41:48.800
when you do that um and you don't give somebody a place to go to bring it up, it's an inappropriate behavior for anybody. And so, you know, if you if people play dirty, then you got to be like tough from the sandbox then. Like I I'm sorry. Like that's how I feel. And I

755
03:41:48.800 --> 03:42:04.239
further to that I I do, you know, I'm glad you guys did this element with the high center. Um, I think that it it's it seems like it's a very good thing to move forward and you know, a lot of the changes that were made were important changes and um and that's amazing. I

756
03:42:04.239 --> 03:42:21.520
don't know I don't know the details of it but from what you said tonight but what I do want to bring up is in those high center meetings actually they were quite abusive. I was actually literally verbally abused by the person who owns it, kept making all sorts of comments

757
03:42:21.520 --> 03:42:36.960
literally to my back, inches away from my back. And I had to be stand strong and I mean there were problems with people coming out and attacking people and the um right outside front. I mean tons of harassment and so you know people were sitting on that day

758
03:42:36.960 --> 03:42:53.200
including Miss Saul saw that and you know just kind of was like had a pretty smile was like okay and um and I I I I have to quantify it down to that because that's what it was and so you know she's accountable for that and when I see that

759
03:42:53.200 --> 03:43:09.120
type of behavior I have to call it out but you know I really don't want to see a disorderly conduct thing because if I'm gaslit by somebody and then I get a little bit like talkative in a louder tone. I shouldn't be like held accountable for being disorderly like

760
03:43:09.120 --> 03:43:31.680
the person who actually started the problem really should be. >> So I think I think it should be something that should not happen. >> Okay. Thank you so much. >> Um Frank Township resident. This is a really fast thing um about uh the

761
03:43:31.680 --> 03:43:48.080
traffic around South Mountain. and I drive through it sometimes um on the Wyoming section and it always I always wondered about if um it might be a terrific place for rotary circles which you right now you have

762
03:43:48.080 --> 03:44:05.439
areas that are almost triangular and with some um tweaking it could actually become a rotary and they really do slow traffic down quite a bit. So, if some of the um trepidation about increased traffic

763
03:44:05.439 --> 03:44:40.000
has to do with traffic rates of speed, um that might be a way to calm those things down and actually uh could even discourage some people from using them because they don't want to be slowed down quite that much. Well, Garland, a long time taxpayer. I

764
03:44:40.000 --> 03:44:55.920
have not had any children in school, but I pay lots of taxes, still do many years ago. And uh I've mentioned this number of times, Department of Community Affairs. New Jersey Department of

765
03:44:55.920 --> 03:45:11.680
Community Affairs is state agency created to provide administrative guidance, financial support, and technical assistance to local governments. Thus, community development organizations businesses and individuals to improve the quality of

766
03:45:11.680 --> 03:45:29.840
life New Jersey. That's what they say. Haven't seen it yet. the affordable housing and so forth. Uh please again invite the wonderful commissioner Jaclyn Suarez. She's an attorney. She's been here since September when the passing of

767
03:45:29.840 --> 03:45:47.199
our lieutenant governor cha unfortunately. So please invite her again. She's in charge of thousands of people$2 billion dollars. That's a lot of money and let her come here to affordable housing. uh also about new

768
03:45:47.199 --> 03:46:03.120
apartment buildings. It's her people that will have to do all of the inspections, make sure there no slumbers. We don't want slumbers in here. Uh deport uh RPM uh what do I call roadkill property management RPM? Those

769
03:46:03.120 --> 03:46:21.199
people, they're doing other areas. Um you know, and they have the elevators aren't working. People are complaining about them and her people have to go out and make sure those properties properties that will be built here are going to be in fine working order. You

770
03:46:21.199 --> 03:46:38.080
understand that? This is simple stuff. Even Andy says over there uh the big building. Oh, by the way, I didn't call it big building. The gentleman that I had coffee with today, he called it a big ugly building on Billboard Avenue said, "Who let that happen?" I said, "I

771
03:46:38.080 --> 03:46:56.160
don't know. someone did, but whatever things like that, they are going to be responsible for making sure that that building is a okay, not not the enforcement post in Milbury. That's their job. Uh, and so these are things

772
03:46:56.160 --> 03:47:11.439
that we should take into account. Why not have have her come here now before things affordable housing that's those are her folks that are involved in how many units simple stuff like that I mean

773
03:47:11.439 --> 03:47:28.560
as far as 560 something communities in um state of New Jersey a lot of communities don't have professional people or smart folks great makers we do have smart folks around this table

774
03:47:28.560 --> 03:47:53.600
we have had. So we are very very lucky and let's do some good things. Thank you very much. >> It major resident CM the last one that's preventing everybody from going home. So I'll be brief. Uh first I want to thank you again for your

775
03:47:53.600 --> 03:48:09.279
service. Uh I also want to congratulate you for uh tonight taking a major step towards uh eliminating another uh litigation. You did one last month and uh tonight I think you've taken the

776
03:48:09.279 --> 03:48:27.120
steps to to do that and I think hopefully start taking down the temperature a little bit uh in this town. Uh the other thing I just want to mention, I'm very concerned about the u young children on uh electrified uh

777
03:48:27.120 --> 03:48:43.920
vehicles in town. Um I I think it's only a matter of time until we have a very serious accident. These are people that are inexperienced on the roads. The uh bikes or scooters or whatever they have

778
03:48:43.920 --> 03:49:01.920
don't provide protection. They are on there with many of them with no helmets and some of them even have uh earphones on so that they're oblivious to traffic. Uh I guess to some extent, Mr. Stler, you're the

779
03:49:01.920 --> 03:49:17.760
rep with the a liaison with the board of ed if uh something can be done through the schools as far as education and if we can do something through our police department because I'm concerned that it's only a matter of time until we have

780
03:49:17.760 --> 03:49:42.800
a tragedy in town. Thank you. >> Do we have anyone online? We have a couple. Hi progress. >> I Yep. Jean Pelleigrini, Pastor Neck, I just wanted to say that um I was uh

781
03:49:42.800 --> 03:49:59.880
remembering the time that we worked. I think it was like around 20. >> I'm sorry, Miss Pastor Neck, you need to turn your video on. >> Oh, I didn't turn it on or off. Sorry. >> If you turn it on, we cannot see you. >> Oh dear. Okay, I'm trying.

782
03:50:02.640 --> 03:50:18.800
Okay. Oh, did that work? Yep. Okay. I just wanted to say that we had a really productive um neighborhood effort when Jersey Mike Subs was um uh coming to to uh apply to put their operation on

783
03:50:18.800 --> 03:50:34.640
Morris Avenue. And I feel like that's a good model. And I hope that you guys will study that and look at what was said, what the planner said at the time that the resident, I believe it was Jay Morali, had uh brought to the table. And I felt like that was a real beginning of

784
03:50:34.640 --> 03:50:51.439
uh our town residents uh standing up and really paying attention to what was going on in town. And I think that um I have to agree with uh Deputy Mayor Costrove and um Mr. Morali and his wife about uh that particular issue of the

785
03:50:51.439 --> 03:51:07.600
the setback between the residential and restaurants and I think that was a good example of how to deal with it. Um the other thing I wanted to say is really what a night. Congratulations on all the progress that you guys are making on behalf of Milburn Short Hills residents.

786
03:51:07.600 --> 03:51:24.640
It's absolutely breathtaking to watch and um a real contrast to many years going back. Um, I think this this has been the most transparent administration and time I've been observing uh the township committee. And I will say that

787
03:51:24.640 --> 03:51:41.840
history does matter. Uh it is important even with volunteers to look at their track record and decisions that they were responsible for if they're seeking um other opportunities to serve the community. And I don't think that that criticism is necessarily negative. It's important that we reflect. And then um

788
03:51:41.840 --> 03:51:57.760
the last thing I was going to say is that a lot of the ranker that is being mentioned here is about uh stuff that evolved since 2021. There was so much good that happened during that time after the agreement was signed. Many residents came together of

789
03:51:57.760 --> 03:52:13.359
all different political backgrounds and put the town first and thought about how to solve the problems that were being lobbed on us by the state, our legislators, our governor. So, let's not let them divide us. Again, let's make sure that we stand together as a

790
03:52:13.359 --> 03:52:30.199
community. Stop the gaslighting. Yes, people have to compete for offices, but at the end of the day, that we are here to do what's best for our town as a whole. And I hope that we won't get too far away from that. Thank you.

791
03:52:33.920 --> 03:52:58.479
>> Anyone else online? >> One more. Mayor Good evening, Perry Erso. Um, I just wanted to make a couple comments about the new business. Um, I'm not sure if I have time to go about for number one, but number two for the permitted principal uses in the B zones. I want to

792
03:52:58.479 --> 03:53:13.840
thank Mr. Cohen and I appreciate your efforts and I wish to thank all of you for considering the consistency throughout um the zones. Number three, the restaurant uh conditional uses for restaurant food use service use. I believe the original ordinance was

793
03:53:13.840 --> 03:53:28.720
implemented in '92 or 93 at the time. Uh we weren't an approved merchant, property owner or resident. In 1994, we faced the ordinance and we res, excuse me, and we respected the residence and I

794
03:53:28.720 --> 03:53:46.560
looked for another location within the B3 zone. Today, we have multiple positions, property owner, landlord, merchant, and neighbor. And yes, this ordinance does affect one of our properties,

795
03:53:46.560 --> 03:54:02.239
but as a responsible landlord, it's a business decision and it's important to be a good neighbor. And residents whose properties are affected by the 125 ft requirement deserves the peaceful and quiet

796
03:54:02.239 --> 03:54:17.920
enjoyment. I believe everyone on this das is not affected by the 125 foot. So, you really need to keep uh um that into perspective. I support this board's decision to restore the ordinance back to precoid.

797
03:54:17.920 --> 03:54:33.840
Why residents come first? I'm speaking of a person on both sides of the aisle and I have no issues and I really think that you have to uh carefully think about this. Um Mr. Feld spoke about the

798
03:54:33.840 --> 03:54:50.880
SID um restructuring. I know after six years of litigation I um I have no words right now. I would like to go back to number one because I do have a few minutes um or seconds. The uh it's you talked about the recognition for the township volunteers and first responders.

799
03:54:50.880 --> 03:55:07.279
>> I'm not sure, but does this have to do with the community service award committee? Um I have been working with um actually um uh deputy mayor Cosgrove. I wanted to get some recognition for a resident volunteer for over 50 years. Um

800
03:55:07.279 --> 03:55:24.800
sadly he had um he's passed away. It's coming up on his two-year um anniversary. and considering the amount of the impact that this individual made um to this township and the boards and like like a

801
03:55:24.800 --> 03:55:41.520
lot of other people. I feel um it would do the families a tremendous justice especially for a mourning family uh knowing that the township is showing recognition um to this individual. So I hope I'm not sure and to be honest with

802
03:55:41.520 --> 03:55:57.760
you um he is deceased now but in your community service award committee under their >> okay but there's nothing under the purpose so maybe you could >> your time is up thank you very much >> all right do we have anyone else online >> no ma'am

803
03:55:57.760 --> 03:56:12.800
>> all right so in that case I now close the public comment I'm going to start with the responses uh Mr. Feld um the site plan revisions uh will be presented at the planning board whispering woods hearing. So public will have plenty of

804
03:56:12.800 --> 03:56:30.800
time to see that and ask questions. Um with regard to drawings of the new building once we have them from RPM once they've created them we can make them public. But obviously RPM wasn't going to go design a building till they had a signed agreement in place. They're not

805
03:56:30.800 --> 03:56:45.920
going to invest in a building. uh in in advance. So what we do have is we have our planners uh worked hard. They did some uh massing uh they did some preliminary layouts. Uh so

806
03:56:45.920 --> 03:57:02.399
I think we have sort of a sense of you know how many units where they're well we know exactly how many units. We know sort of where they're going to be in the configuration. Um but until the architects go and design the building uh you know we're not going to know entirely what it looks like. But that

807
03:57:02.399 --> 03:57:18.000
process that will still go through the planning board process. The planning board will be able to offer their comments and suggestions etc. Um so that's going to go through the normal process any other building would. Um, with regards to what you claim to be lost tax revenue for the schools because

808
03:57:18.000 --> 03:57:34.720
of the RPM pilot, I'd like to point out that the any potential lost revenue because of a pilot is going to be more than offset by the 55 and up senior housing project that we have as part of our ground for settlement agreement. That building is going to pay you can you can shake your head all you want,

809
03:57:34.720 --> 03:57:52.640
but this is so the 55 and up building is going to pay full taxes. It's not going to contribute any students to the schools. So, the schools are going to get money from that project and they're not going to have any additional students. So, they're going to get more

810
03:57:52.640 --> 03:58:08.880
revenue than they did. Uh, with regards to the pilot, I believe the RPM pilot is going to produce like $100,000 a year. If we gave the schools what, 20% of that, is that really going to move the needle on anything? I hardly think that's worth uh starting a lawsuit over

811
03:58:08.880 --> 03:58:24.560
as as you seem to intubate uh might be coming. Um I would also like to point out that the pilot aspect of the agreement with RPM is another thing that was forced upon us by prior township committees. Uh so uh you know that's

812
03:58:24.560 --> 03:58:41.840
something that we were unable to change. Uh so we're stuck with that. Uh Mr. Kersh, um, you seem to intimate that we don't need to answer every question or respond to every comment. Um, you know, I point out that prior TC's didn't

813
03:58:41.840 --> 03:58:58.080
answer president's questions. They were criticized for that. This administration likes to answer everyone's questions. Um, you know, if people take the time to come out and speak to us and ask us questions, we'd like to respond. Um, we're not going to be like some prior

814
03:58:58.080 --> 03:59:13.279
mayors and TC members who simply sat here like potted plants when it came time to do the TC response. Uh, I think that if the public comes out, they deserve a response. And that being said, facts matter. And I believe when people

815
03:59:13.279 --> 03:59:28.560
get up to the podium, if they say something that's wrong or incorrect, that misinformation can and should be corrected because there's a saying, you know, if if the same lie is repeated often uh times enough, it starts to become true. And when there's

816
03:59:28.560 --> 03:59:43.680
misinformation, we need to combat that with facts and nip that in the bud so that it doesn't continue to spread. Uh, so I am going to continue to respond to residents questions and comments and I'm going to continue to uh address

817
03:59:43.680 --> 03:59:59.439
misinformation when uh when it comes up. Um, let's see. As far as discussing sins of past officials, I think it's fair game if those decisions are still impacting us today. I think it's important for the public to understand

818
03:59:59.439 --> 04:00:15.680
why we got to where we are, why we are limited by certain decisions that were made in the past. History matters. You know, that's why we have history classes, right? If you don't look at the history, you might be doomed to repeat the same mistakes. So, uh, I think it is

819
04:00:15.680 --> 04:00:33.600
fair game to criticize prior administrations, and I'm sure future administrations will criticize this administration, and that's just part of being in local government. That's how it works. If you can't take the uh heat, you should probably get out of the kitchen. Um, as the saying goes, uh, Mr.

820
04:00:33.600 --> 04:00:48.319
Cyber, I agree. I think we are moving in a much better direction. Uh, I I just see all of the great work that, uh, this TC has accomplished just this year alone. Uh, and and it's remarkable. I think we've gotten more work done this

821
04:00:48.319 --> 04:01:04.319
year than we have uh in you know TC administrations of the past you know five plus years. That's really remarkable. Uh Mr. Morali, no one is suggesting that you can't come and make public comment. What I was suggesting

822
04:01:04.319 --> 04:01:21.279
before is I was asking a question. If you're on the zoning code examination subcommittee and you are working on an ordinance that affects the zone that you're in, is that you know a scenario where you should recuse yourself? I know

823
04:01:21.279 --> 04:01:38.319
on the HPC, for instance, if a member of the HPC uh is within a certain number of feet of a property that's going before the board, they have to recuse themselves, right? So, I mean, obviously there's different rules for different boards. I was merely asking a question.

824
04:01:38.319 --> 04:01:54.399
I wasn't suggesting that you can't come up and and say whatever you want to say. Obviously with public comment, you're welcome to say whatever you'd like to say. Uh no one is disputing that. Um Miss Best um the uh planning board

825
04:01:54.399 --> 04:02:10.800
process for the high center was certainly a contentious process. Um I feel that that's unfortunate, but uh it's over. It's in the past. And with this settlement, as I said earlier, I really hope we can all uh on on all

826
04:02:10.800 --> 04:02:27.520
sides, put the past behind us and move forward together as a community uh in in harmony. Um because uh I think sometimes we need to let go of of uh certain things in the past unless of course those decisions have lasting impacts to

827
04:02:27.520 --> 04:02:44.160
what's going on today. Not going to contradict myself there. Uh Mr. Carlin, with regards to RPM, um I think we've all been able to go on the internet and see reviews of various property managers. What I will say is mixed income buildings and mixed use buildings

828
04:02:44.160 --> 04:03:00.960
tend to be better maintained than 100% affordable buildings. So, I am hopeful that uh the new building uh which I'm going to now refer to as the Rimback site or the Rimback project um I'm I'm hoping that that was going to be

829
04:03:00.960 --> 04:03:17.199
wellmaintained. There's obviously going to be market rate units and typically, you know, owners of those buildings are going to want to attract tenants those market rate units and the commercial space. So, I I imagine they'll do what they need to do to keep up on the building. Uh and then we also have you

830
04:03:17.199 --> 04:03:32.880
know local quotes and standards etc that we'll be enforcing. Um let's see uh Miss Perso you said president should come first. I wholeheartedly agree. Um and that's why you know I think we decided tonight

831
04:03:32.880 --> 04:03:48.560
we're going to take a look at that audience. I think some of us individual TC members want to go walk the area do some more due diligence uh really dig into it. Uh I don't think this is something we should rush. But I also think that residents uh in that area

832
04:03:48.560 --> 04:04:05.359
should have an opportunity to uh you know to have businesses that are flourishing that they can go to that they can walk to they can enjoy. So it's really going to be a balance about what's you know good for the residents um you know and what's good for the town

833
04:04:05.359 --> 04:04:20.080
as a whole. I think we can find that balance and uh you know I'm just not sure the ordinance was where it needed to be in order to move forward or we're going to take a look at that um in the future. >> That's all I have to say. Uh who would

834
04:04:20.080 --> 04:04:36.960
you like to go next? >> Go ahead. >> Sure. Thank you. Uh I guess the two that I will address uh Miss Frank uh with regard to the traffic circle as you said Rotary you must be from New England. Uh the uh it's certainly something to look

835
04:04:36.960 --> 04:04:53.359
into. There were original plans dating back to complete streets actually um that involved a traffic circle by Annie says and that was ruled out. Um but I think you know all all things are on the table. I don't think it's a it's a bad idea to look into. Um I I think putting

836
04:04:53.359 --> 04:05:08.960
a traffic circle in the middle of Milbour Avenue may be you know um difficult but certainly maybe better way to work some of this or worthwhile. So I'll just comment on that and I think maybe um Mr. McDonald we can bring that back to engineering

837
04:05:08.960 --> 04:05:24.239
and pedestrian safety advisory kind of talk about those triangles. Um and then with regard Mr. committees around the electric scooters. Uh I agree with you. The police department did put out uh some uh or the township did rather um

838
04:05:24.239 --> 04:05:40.800
from the police department some graphics with regard to the scooters. It's state regulated and the state really has not put a lot on um but enforcement is all on the police. So Mr. McDonald, if we can just double check on all of that, but I know that we we are the police is

839
04:05:40.800 --> 04:05:57.279
very limited because the state did not give good guidance. Shocker. >> Licenses are required for ebikes now though. >> They are. They are required, but it's the way that it's uh in for Mr. McDonald, maybe you could just >> I'll take or go right ahead.

840
04:05:57.279 --> 04:06:13.279
>> Yeah, we are probably the have probably the harshest restrictions on ebikes in the c in the state of New Jersey right now. We've done ex massive lifting uh to put in place restrictions uh including

841
04:06:13.279 --> 04:06:30.160
making helmets mandatory u uh speed limits on the ebikes and such. And I'll send you the overshoot too, Jamie, because you should know about it. It's it's very very uh leading edge in terms of what we put in place with our uh police officers. In fact, we

842
04:06:30.160 --> 04:06:46.960
have police officers now on bikes in town that do nothing but regulate uh the streets on their bikes, including uh warning kids uh at the high school to put their helmets on or face their parents face a fine. That's a big deterrent. Uh they've been instrumental

843
04:06:46.960 --> 04:07:01.600
in really pushing us forward. And I think we've had this from the day as many times is we don't want to be apoplelectic when a kid gets killed. We want to take we want to take measures up front to make sure it doesn't happen. Same thing on the traffic on on

844
04:07:01.600 --> 04:07:18.640
Melbourne Avenue. Um when people come speeding down there or even the crosssection at uh everybody I see moving in uh in front of Oscars and John Marco to two lanes, we might as well be proactive instead of be regretful when a

845
04:07:18.640 --> 04:07:35.120
kid or a elderly person gets struck down by a car and killed. So, uh, Mr. McDonald, if you can send Jamie the, uh, all of the stuff work we've done with pedestrian safety on the ebikes. Uh, and then, uh, we'll also get it to you, Mr. Maser, and I, I'll tell you where to

846
04:07:35.120 --> 04:07:49.760
find it on the website, but it's significant work we've done on the ebikes. I can't agree. Today, I saw a kid with his girlfriend or a girl in the back of the vice uh, bike of electrical scooter going flying through town. I was like, this is ridiculous. So, I agree

847
04:07:49.760 --> 04:08:09.920
without helmets. Um, what else we have here? Um, that's the only comment. Thank you guys for coming out. We really appreciate everybody. Uh, and we value your input. Uh, Mr. Morali, uh, if you could send me

848
04:08:09.920 --> 04:08:30.479
some of those, uh, those pieces directly, you have my email. Uh I would love to go back and see what was done in 2021 uh and watch some of those meetings. Thank you. >> Thank you, Mayor. Um just just two I'll keep it short because it's a long

849
04:08:30.479 --> 04:08:46.720
meeting. Miss Best, your comment about the disorderly persons uh ordinance. I don't think I have the support of of enough people on the day is here. Uh but it was very carefully crafted that it would not affect a situation like you were talking about.

850
04:08:46.720 --> 04:09:05.120
>> Um and Miss Özo the question about the community service award committee and the awards we were talking about tonight that we did agree on to the first day they are completely discon unconnected from each other that they're not part of that committee's uh no suggestion or

851
04:09:05.120 --> 04:09:22.800
duties. Thank you. Uh, one final note. Um, so we actually did look into this early person's thing. The state actually has their own guidelines regarding this. And after talking with council, it became clear that if we were to uh add some local ordinance or uh local

852
04:09:22.800 --> 04:09:39.840
restrictions, we could be getting ourselves into a litigation trap. There are some other towns that have made the same mistake. And what happens is outsiders come in that deliberately disrupt the meetings and then they file a lawsuit after they're inevitably thrown out. So it's, you know, I I think

853
04:09:39.840 --> 04:09:57.359
in this case we'll defer to the state uh and uh you know anyone that feels threatened or you know they're welcome to make a report to the police on their own. Uh there are already laws on the books about disorderly persons. So, um,

854
04:09:57.359 --> 04:10:14.800
you know, that's why, uh, I personally feel that there's no no need to, uh, put our town in jeopardy by introducing any sort of legal disorder. >> Yeah. Just a follow up on that. This is certainly

855
04:10:14.800 --> 04:10:32.560
I'm unaware of Mr. Caner rendering such an opinion. Um, I'm a retired lawyer. racted my own research and and there is nothing that relates to the ordinance we were trying to pass which was someone acting out at a meeting in our town.

856
04:10:32.560 --> 04:10:48.399
There's certainly a disorderly person's statute. Uh but it doesn't clearly affect that. Um, and what I'd say, and I, you know, I I don't want to alarm people, but you know, this is, you know, all fun and games, mayor, um, until it

857
04:10:48.399 --> 04:11:03.760
happens to you or to to to somebody that you know. >> Yeah. >> And then someone gets and you're banging your g and you're banging the gap. Let me finish, please. >> You're banging your gabble and and people are ignoring you.

858
04:11:03.760 --> 04:11:22.479
>> So, it it should be passed. Um, attorney cancer or Mr. McDonald, any remarks? >> I have none, mayor. Thank you. >> Alex, enjoy the remainder of your vacation. >> Thanks. >> I I I I know it's late, but um I just

859
04:11:22.479 --> 04:11:38.720
want to address Mr. Fel's threat of litigation. Uh, and I think it's important because I I want to um I just want to advise you, Mr. about that. Um, and I'm going to try to be as respectful as possible, but um, the same exact

860
04:11:38.720 --> 04:11:54.560
issue came up in North Cwell. Um, the case is Frankle Klein v. North Cwell and Greenbrook Realy. It involved the Greenbrook Country Club. um where there was a settlement agreement and then there was an amended settlement agreement and the amended settlement

861
04:11:54.560 --> 04:12:11.279
agreement provided the same low and moderate income housing and other terms like this settlement agreement. One of the terms of our settlement agreement is that we have to provide a pilot. Um those residents um collaterally attacked

862
04:12:11.279 --> 04:12:26.399
the settlement agreement that had that was approved by the fair share housing judge with a progative rate. um it was dismissed um summarily because it lacked jurisdiction. The progative rate is not

863
04:12:26.399 --> 04:12:44.239
a proper way to attack um an affordable housing agreement. Uh the residents appealed it. It went to the appellet division. Um I made law and North Paul made law. The court affirmed that a progative rate is a collateral attack on what an affordable housing court. So to

864
04:12:44.239 --> 04:13:01.199
put it in simpler terms, if if we have a fairness hearing and the judge approves our settlement agreement, we're then ordered to provide RPM with um a pilot and that would be blessed by the court and filing an action a progative rate

865
04:13:01.199 --> 04:13:17.600
against the township's action that's already been we've already been ordered to court is attack on the fair share housing judges order, not on our not on our town of action. And I think you should read that appellet division case very carefully and understand what questions you should and should not ask

866
04:13:17.600 --> 04:13:33.520
at a fairness hearing and whether or not um you should proceed with a prerogative of writ. And there is a recording of this Mr. Fel and this will be your first warning that such an action would be considered frivolous and we will take any actions

867
04:13:33.520 --> 04:13:44.399
including moving for sanctions if such actions are filed. Do not put on notice what the law is and there's a television matter at some point. I know I can't respond to you.