something just k um so just to start out the um the tree ordinance as everybody finally refers to it the official title is the tree protection chapter of the code of the township um so this is a this has been um really a kind of long um project can't be that one because I just got on Council but um the environmental Commission actually um proposed this with the support of former council members a few years ago um and now I worked with them and used the prior versions not showing I know it was literally up here a second people can hear you I don't know okay um so give me just a sec while we're waiting seeing Mitchell's version of Yellow Taxi Paradise so um the New Jersey Department of Environmental Protection issued guidelines in 2023 and they the model ordinance in2 3 um and the guidelines the um Township ordinances should be passed this year um the preservation of trees and our Township's tree canopy is needed to help protect against storm water runoff and flooding um this continues to be a problem in our Township and um if we reduce the tree canopy any more than it already is then um storm water runoff and flooding will be an even greater problem um another challenge to the township is a continuing robust property and housing market means that there's more construction and increasing pressures on the tree canopy it's way easier for developers to just cut down trees than it is for them to build around them so we wanted to provide um more protection for the trees in Berkeley Heights um by increasing the costs for taking down more and more trees um and the existing ordinance is more than 25 years old and it hasn't been updated in many years so the fee structure um and the provisions in the ordinance that we have today on the books is um old I mean that's just it it's old so it's um so our primary goal was to protect trees in Berkeley Heights the ordinance changes are designed to encourage the protection of trees through voluntary compliance um how did we achieve those goals um we clearly presented the tree permit application process including more exemptions so it's easier to follow now in the current Tre ordinance than it was previously um there are clear removal and replacement guidelines again this made it this makes it easier for people to comply because they understand what they're being asked to do there's graduated fees and replacement requirements to encourage compliance the average Berkeley Heights homeowner does not remove many many trees every year they may remove one tree every few years maybe two trees every few years um in in in doing the graduated fee structure it means that the average homeowner won't be hit with um large fees or costs in order to um participate in in uh compliance so we gave extra consideration for homeowners the fees were kept low um below the Lo local average for residents with the exempt with exemptions for hazard trees and emergencies so we um increased exemptions again to to reduce the burden on um the average owner so now we have the PowerPoint up Liza can you forward to the table this is really the most important slide in the PowerPoint and the part is for anybody to read um the current the current ordinance is $10 per tree I'm sorry the under the current ordinance the permit fee is $10 per tree per year um in 2022 there was a version proposed that said it was $40 for the first tree and $75 for each additional that that version of the tree ordinance wasn't passed the current proposal is $25 for each tree up to three and then $75 for four to 10 trees and $250 for more than 10 so with this graduated system what it means is that an average homeowner that wants to say remove a tree that's now providing additional shade that they don't want in their yard or they want to put in a swing set or something like that can remove that trade for you know not much out of pocket they are required to either pay for a replacement tree or replace the tree someplace else on their property but when you get more than three trees the finding was that those are being done as part of a construction project so then the cost of those the application fee and the replacement trees just becomes part of one of the factors in the cost of the project that you're doing if you're putting in a new DEC and Patio if you're putting in a swimming pool there's a cost to that if you're doing an extension on your house and you have to remove trees there's a cost to that um required replacement in the current ordinance it's only trees associated with a building permit um the environmental commission and um Council in 2022 proposed a t a table um that great graduated with the size of the tree the current proposal is also a table that graduates with the size of the tree but the first tree you remove will be a one: one ratio if you take out a tree you put back a tree not you take out a tree you put back two trees but as the tree number of trees increases then you have to replace them with trees of graduating size it so if you take out a big tree you have to replace it with multiple small trees because the amount of um benefit we're getting from that big tree is less than you get from the small tree um if you choose if the Builder contractor or resident chooses to pay instead of replacing the tree because they say we just don't want any more trees in our yard they have that option in the current ordinance it's $200 um our proposal is $200 for the placement $200 of I'm sorry the table is not updated no that's that's not we um it's $200 for the first two trees more than two trees is the township replacement cost so in 2023 it cost the township approximately $450 $ per tree to plant trees in the township so that becomes the tree replacement cost the tree replacement cost will be calculated by the tree inspector and the website will be the information will be provided on the application with the application process um so again for the average homeowner the who's removing one tree a year perhaps two trees a year we wanted to keep those fees down if they don't have room or or the ability to replace those trees on their property then $200 for the first two trees will go into the tree replacement fund the tree fund um and anything more than that would be the cost of replacing trees in Berkeley Heights which at this point was $450 again the the main purpose of this is so that the average homeowner um Can comply with the program without hardship um but a builder who's going to remove the majority of trees on a lot is going to have to you know pay for the township to plant trees someplace else if they don't want to replace the trees with the blck yeah Margaret can you just speak to the the 450 that goes into the fund just explain that to the residents too that that will be it's not cutting down trees it's going to be replacing there's a little bit of a misunderstanding about what the tree fund is so there is a there is a tree fund that's maintained by the township um um and under advice with the environmental commission the township identifies places to plant trees on Township property so that can be on Township right ways it can be in Parks um it could be pepper Town um it's also so the money in that fund can also be used to trim and maintain trees so that they stay healthy in the township and we have a healthy tree Camp thank you um there are also exemptions in the existing ordinance there's exemptions for emergency removal and dead trees what we introduced in this is some is the notion of Hazard trees and Hazard trees include emergency removals but also dead and dying trees and things that are a hazard to the property or the street um so if there's a tree that's technically you know still alive but it's leaning dangerously close to the power line that tree might have to be removed if it can't be trimmed so that would be potentially considered a hazard tree and the tree inspector would come out and you know review that tree or the photographs of it if they're submitted with the tree application with the tree permit application and then the tree inspector will provide that um that approval so that's an exemption where you'll be Exempted from fees and replacement costs in the case for dead dying Hazard trees and also invasive species were added to the um exemption list and I just want to point out if there's trees or issues related to power lines those trees have to be trimmed or removed by jcpnl so you need to contact us and we'll contact jcpnl so we had a case on our property that a tree was it became a problem with the line running into our house and we had to make a choice so that's not a jcpnl problem because it's coming off the line into you to your personal home yeah I'm talking about those that are in the right yes so if it's in the right away then you work with the township right most tree companies won't even touch just so everyone's aware so then there's also um an exemption that was suggested by the New Jersey d um that permits a resident to have an exemption for one tree per quarter acre every five years so um the New Jersey DP recommended four trees per acre but we don't really have very many one acre home lots in Berkeley Heights so we did the map for you um to say it was a quarter acre so it's one tree per quarter acre most of our many of our lots are a quarter acre a third of an acre a of an acre so if you have a half an acre lot then that would permit you to take down two trees every five years without paying the fees um so again the whole purpose of those exemptions is to make it easy for all homeowners to um to adhere to the rules and be in voluntary compliance without you know too much onerous work on behalf of the zoning officer the tree inspector but still protect our trees from you know developers who want to clearcut them so if a developer is rebuilding a home on a lot rather than just taking down all the trees now maybe they'll stop them thing twice because it's going to cost more money um so the application process um the application process is is pretty much the same it was just dated with clearer steps than it was before so you complete the application form it's available on the website or in hard copy from the zoning office the tree inspector will review it inspect the site and documents we strongly recommend that all um me members of the public who file applications also put in pictures with their application um it just makes the process go faster um the tree inspector will grant the the application deny the application or extend it for an additional review period because perhaps he got fogged down with other things or it's a big site and he needs more time if no action is taken or the application is denied the applicant May appeal to the township administrator or her designate um for you know basically again to receive the approval or denial of the application if an exemption is requested we talked about exemptions um um it should be included in the application so when a resident makes an application if they want to claim the one tree per quarter acre for every five years then they would say I'm requesting that exemption when they file the application and that'll be taken into consideration with the application um the an exemption can be denied while the application is approved so the tree inspector has the to say on whether the exemption is going to be permitted or not um if you if a resident or a builder wants to question that exemption they can file an appeal within the tree with the tree inspector with supporting information um and then if the inspector still denies the application then um they can review it with the township administrator or designate and then the rule for emergency removals is the same as it was before emergency removals um happen obviously it's in the case of an emergency so you make the removal and then you advise the tree inspector within five days complete the pictures of what you had to do wi of tree there is a width of the tree so in the ordinance itself the tree replacement table includes the diameter at breast height of the trees and basically the larger diameter trees require more trees to be planted to replace them and we also say in the ordinance that trees have to be replaced with light trees so you can't take out five oak trees and replace them with you know a dog wood and pour ories so if you take out deciduous trees they should be replanted with deist trees um that's the purpose and the table the tree replacement table is in the packet five six pages in to process yes so greater than 6 in and then up um and then there's a again there's a table to say um what the replacement is so if you're taking out one tree that's 6 in or one tree that's 12 and 1/2 Ines you would need one replacement tree but if you take out two or more trees for every one you take down you need to plant two trees to replace them if anyone's following it is Page Six in the packet and sure we'll have the ordinance available the six page of the pack and we ask residents that if you like if you have a question then you can reach out to um Tombo or um the zoning office so on the we'll make the slide the PowerPoint available once I we that um that error um so the last page of the PowerPoint includes there's a um there there's an email address just for the trees their trees at Berkeley heads township.com um so question was if you're unsure about the diameter of the tree and whether falls into um the ordinance or not then I would suggest that Resident shoot a quick email to you know the free email and they'll get a response and that's tree BH trees Tre s BH twp.com great councilman can I just emphasize two things one one uh this legislation like the D is mandating that we pass yes the D has mandated that we update the threee ordinance to meet the minimum requirements of the legislation and there were some elements of ours that should have been updated they were minor but it was just a good opportunity for us to okay so I just want to point that out because that that's important um we we have to do something um two um the other the other big concern along with uh developer clear cutting trees as everybody knows we have water problems in this town well if you take down you know a several hundred year old like Oak Tree in your yard because you don't like the mess that it makes in your yard that tree was soaking up a lot of water so the more trees you cut down from your property the less there is to soak up water on your property and you could have more water issues so that's that's another thing that a lot of people might not really think of so we're trying to sort of educate them and this will be like a parallel PR campaign if you will on this so people know that they're you know they play a really vital role when it comes to storm water management very good point excellent job I love the presentation when you showed me the other day when we were meeting very very clear very easy to follow very well done thank you for from Jeff to M to Margaret and environmental commission everybody who's worked on this because it took a lot of hands to get it done so thank you thank you very much for that I do want to give a you know a specific shout out to um Richard ler and um John Leo and Alber madas who were working with me hand in hand over the last few months um Manny reviewed it a few times as well um it really takes you know a a team to bring this together um so I am very grateful for them um there are a few minor changes that have been brought up in the last couple of days I didn't none of it substantive so we didn't reissue the version we're discussing at the conference session but there will be some um non-substantive changes in the version that we introduce when we're ready and we have been stricken and just so the changes AR perfect perfect perfect okay does anybody have any questions I always allow questions in conference come on forward please Char Pratt 45 Park Avenue um Mar sted that was way better than the first draft that came through that long time ago I was here for that meeting that was like chaotic okay so dead tree I just want to go over dead tree is basically on its own if it's a hazard it's a dead tree that goes right now a lot of people including myself but my neighbor is even worse off small piece of property yet monstrous trees so if one of those had to come down it wasn't dead wasn't hazardous um that would have to be replaced with with another tree would it be one to one even with the giant tree you know a big one or would that start running into multiple trees yeah we tried to keep it as simple as possible but um so for the first category which goes six to just under 13 in if you take them one tree it's you replace it with one tree right if you take down more than one tree just one one big one okay okay so then 13 to 23 13 to 23 in is still a one: one but if you've got 23 to 33 in which is where we're getting to the size that you're talking about we ask that that first tree is a two: one because you're taking down a I mean 23 in is Big because on a small lot sometimes you're living underneath this tree and if that tree had to be removed how many have to put in here becomes an obstacle right so it would just be the maximum requirement for one tree would be two and that's only for trees that are 23 in or greater 23 in in diameter or greater we would ask you to put two trees in but it doesn't have to be on your lawn like small you can pay the replacement well I say last question I'm going to have is could you split it could you say okay I'd like to put one tree back in in but I don't really have placement for more than one if it was designated two could you do a split one tree in one payment in yes okay thank you very much then for a second sorry the tree that you're not planting you would need to pay the $200 into the tree fund to help the township plant a tree so basically you cover the basis of two trees however you do it either with the physical tree or with the payment okay thank you I have a question about the um good question yeah so he has one tree and let's say it's 23 a category 3 23 and less than 32.99 is there like for the exemption of One Tree per quarter acre is there a diameter requirement can it be a category 4 tree it could be could be regardless right the ex the exemption is a the only thing I can see sticky is one of my trees now said it like chest level yeah okay about this high up it splits off into five gigantic this the one right out here five gigantic branches so that's still one tree it is but it's got five trunks not at chest high so in that case um the measurement would be done down before it splits and that's one of the things that was missed and that we're putting we're putting clearer language into the version that we're going to introduce um because the the language was it wound up getting dropped on one of the edits if that counted as five trees and you have to put in two for each tree you'd have to move the house so yes you have to you measure it down in that case thank you for the pork your donation is kindly accepted than all right anybody else on the ordinance all right thank you so much oh sorry Steve Steve I always miss you that's you looking away speak for 35 syamore Avenue um I I I've had a lot of experience with the Tre ordinance from all the time it has appeared before the council I'm a regular attendee with the environmental commission so I know about the trials and tribulations and I've seen many version of the last ordinance talked about I'm probably one of the few people outside the environmental commission and people working on the council has probably read everywh uh on these various versions um I have to start by saying that the presentation was great in terms of talking about the main things and even relating to what was this what was done last year and at least one thing comes to mind after hearing it is that many of the issues that were discussed in forums here um were addressed were somewhat addressed here the impact to the citizen I will say as an ordinance it's still pretty complicated in terms of I mean thank heavens I'm an engineer but um and also the uh one of the things I had on my list was uh you know what can questions be asked and and actually the contact information I did see at the end of the slide was qualified as being for any Resident who uh heard about this and saw your presentation saw the ordinance they have a place to go to ask questions about it so that's a another very good thing um I guess the just the two questions oh I have one one question that um that's on the ordinance the other is just the process going forward um I did look at the states model ordinance and they two have a table at that's similar to the one that is in this ordinance which is the same one that was in the ordinance in the lasto rounds and the other legislative sessions the same one um what is and it's simpler in the model ordinance and it looks like the numbers are are less uh could somebody make a broad statement characterizing the difference between uh those two Tri placement tables the one you know one the right the 202 well the current one here and the one the model ordinance by the oh the D yeah yeah so um I my perspective was I looked at I used the model ordinance for the order of the content because it was simpler and more straightforward than the way we have presented it previously it the application process is all together all of the exemptions are together so it was just easier to read as a story if you will yes it did look that way um so in our previous ordinance there was this point system you got half a point for something and points for other things and then you could put in shrubs and they only counted as a half a point right so we just wanted to get rid of all of that and keep it as simple as possible let me clarify the question is what is the difference between the table because only one in a proposed ordinance and the one the tree replac table the placement table yeah that's the one yeah in our or and which is I mean it's online it's on the and and and and the um and the table replacement table in D's model ordinance I mean I've looked at it I'm looking for what people who involved and comparing and deciding to show this indicate you don't have this in front of you right I don't have the because that's um so I looked at the recommendations from the environmental commission and they their recommendations were to plant more trees for the ones removed because it's better for the environment especially in an area where we flood like Berkeley Heights does um so we want as many trees as possible we don't want to lose trees so we wanted to capture as many people under the umbrella of the ordinance as possible um and we want to continue to maintain the tree can but we needed to make sure that the requirements weren't too onerous for the public because that's what we heard loudly clear when this was introduced um a few years ago one of the differences between our table and the one with the D is we differentiate that first tree that you're removing so that adds a line immediately to every one of your classifications because you know when you we just talked about it what if I've got a big tree well you know we're going to give an everyday homeowner a break from having to take out one tree and plant four trees you know but we want them to comply with the ordinance so where do you balance that so you know we definitely want to maintain the tree canopy it's it was heartbreaking to residents for the number of trees that were taken down at um the old Little Flower property um there's a property on Mountain Avenue that they're building a new house and basically they took down all the the trees right across from Mary Kay McMillan um I drove by there the other day and it's flat all the trees are gone um so we wanted to provide disincentive to builders to take the easy route and just cut down all the trees so now maybe they stop and think about it well I mean doing with either table would do that I think you answered the I think because she doesn't have it directly detail and I don't think she has it I was yeah I had I looked at it in the last hour so and but I asked for a broad characterization and I think um because it looks like um a number minus one compared to this but when you address putting in the uh dealing with the first tree it kind of makes sense of those those changes so I I think you answer my you answer my question with that part of part of the answer um that was related to the ordinance itself the the two process questions are um the uh as it's finalized and and and and it's come before um you know adop adop you know passing and adopting um who is going to be the determinant that in compliance with the model U ordinance by by the state that going to be part of attorney review so being new here I I I reviewed the last version and this version but don't forget it's a model ordinance which means it's exactly that a model um often times State puts out model ordinances that sometimes shouldn't be followed um that being said when you call the state they always say well speak to your Township attorney so uh to the extent that we need to comply with the model ordinance no we need to comply with the law um you know and and looking at that the chart it would just appear to me that that I guess what's being attempted here is a little more forgiving but to a homeowner the council pointed out and to disincentivize a builder was just going to come in and clear a lot so um so it looks like the the state's replacement uh tables is a little more aggressive so Steve is your question and I think this might be your question are we upon adoption are we submitting this to D and D blesses it and then we're in compliance I'm not sure I'm not sure either but I means something we have to do legally required I'm going to guess Environ commiss has spoke of the the U getting D approval and there was uncertainty as to how in the process that happens now I know they have in the M ordinance is they say municipalities an existing tree ordinance may contact the department at this given email address to determine if their ordinance requires modifications so what we've done in the past is and we did this for something else we'll send it to D they'll flag anything um before we pass it just to make sure it's all good and then yeah we were just talking about storm water and yeah with that as well so you had your submit your storm water ordinance I have to believe this is similar if they you know the legislature passed yeah us requiring an ordinance I'm sure at some point we have to send it to some state agency which is likely the D they'll probably sign up on it that's usually how it works well it's more like do you know how it works so you can make sure we follow whatever protocol we're supposed to follow and we will we always do the easy part the hard part was getting the ordinance written and getting everybody toe in this case though one of the key differences from the last legislative sessions of this Council was we're doing it because the need to update and solving the various issues that were discussed today there was no DP model or at some point that action stopped while waiting to see what the state was going to do yes and all of a sudden last October outcomes ordinance and you know and actually half of it looked like what we're doing in the fire anyway so I'm pretty confident that it will pass the state's muster because I I took the model ordinance and then I made sure that all of our Provisions fit within the model and I kept the model up next to me as we were working through it so every section in our ordinance is also addressed the it's it's matching the model even in the order that I have my check marks for where stuff got ahead of it they did before so the correction between the last time we didn't do it and this so the DP does permit you to have a stricter ordinance right but you have to meet their they state that you have to meet the minimum requirements um and you know now that this has been introduced to the public in a formal fashion um I'll start looking at that you know getting it getting our revision over to the a key line at this one sentence at the beginning of the the ordinance is this model may also be modified by the municipality to meet need their community and you know that means adding something that's not in there but it's not clear but um Daniel's Point um you know do you have to have everything that's in the model ordinance and then anything else you can or can you decide we're not going to do that and and probably you do what's best until someone says you can't um the last thing is is is more for when when this probably get finalized and and and and it's goes to be introduced will the uh the ordinance that's provided in the agenda um be a true markup against what currently exists today yeah so I have to talk to Anna about that it's hard because there were whole sections that were totally vastly different I did try in one section to do the markup of the words added versus words removed and you couldn't even read the result because it was like spaghetti font um so I the sections that it makes sense to do that we will absolutely do that but other sections were just so Rewritten that it just I mean we could certainly put in the previous um paragraph and just strike it all through right that's the other way you do it is you just braack it wherever the our notation is and then and replac so part of the challenge though is that the the order of items content was shifted right so if you look at section you know 121130 it used to be you know the table and now it's you know not apples to app something else right so where do you that's why I have to talk to Anna on how do we handle that when we're actually introducing it our consideration is is you have the new one and have the old one that people can know what know it's changing but yeah I having been familiar with the old one and attempts to change it I understand that compliation but there got to be some kind of solution tradeoff yeah we'll figure something out makes it workable but doesn't make it too much work on your part okay thank you we'll do our best for sure thank you Steve hello everyone 294 Street most of this is just questions pet to ponder before you put it there as a final while I'm I only heard whatever is here so I know nothing what's in here okay but just while everyone's talking I don't know if it needs to be but free Acres needs to be addressed why would free Acres need to be addressed separately well if any I mean they're more more Pro tree than anything yeah we we like how would it be addressed in this ordinance it's like I guess my one thought was it's no different it's still you're still got you still subjected to the the local laws of the land so I I'm just throwing this out just yeah no I know you're saying it's an odd situation but I'm going to say that it's they're still you know subject to the local laws I it's similar to condos which is almost the same thing where the trees down does it have to go back same place like a condo would have you know community property 3 acres is sort of community property so would they be able to put the tree wherever they want um and I'm just throwing it other property owner like if I take a tree down in my front yard and I'm G to plant one in my backyard right you know I can do that as long as I'm one for one replacement and and I'm just throwing this out for so somebody else doesn't start yelling when you do introduce it but the biggest one I was thinking about well minor one is I don't think it would affect anything would be downtown being there's less places to plant a tree but I didn't know and there's there are Green Acres there's paper streets we actually have open little properties throughout the township talk about putting them all on aosi at some point I mean the one thing that you have that you can pay to put the tree somewhere else that's positive for a Like a downtown property that doesn't have room for a tree right right we discuss that that's where that part makes good sense we did discuss that there are some streets in town that the properties are smaller and therefore there's less of an opportunity to to replant the trees and that's one of the reasons why we put that that exemption in that the D suggested and it was specifically for that so you've got a home owner that you know needs to take down a tree for whatever reason and they just don't honestly have the space to put up a new one they can ask for that exemption when they file their application yeah that's why that I believe is a very good thing but I'm just throwing these out for you to think about in case you have to add anything but the last one seems like it might be something you might need to put something in on is trees when on the on the property line of two neighbors who pays what happens I mean it might become a sticky point um you know the neighbors get along if the tree's real big each one would get a tree if it's you know big enough where you have to put two trees in but you mean like if both neighbors agree that they want to take down one big tree how do you deal with or on the two properties I guess that's what my thought is yeah once they sign the application for the building permit they hopefully they have to decided ahead of time yeah hopefully they it's just a thought that a lot of times people do put the tree I've done it many times the tree right on the property line yeah a lot of trees are right on so it could be a sticky point I don't know if there's any way you could put something into I haven't seen any ordinances I spent a lot of time reading other ordinances from from other towns um the environmental commission Richard was a great resource in finding ordinance good quality ordinances from other towns so I've read a lot of tree ordinances in the last four months um I haven't seen that address anywhere so it is a I will take that followup question um and I don't have a good answer on what would be a great solution but I just I'm not sure it can be in the ordinance but it could be perhaps something that you know Tombo considers when he look when he goes to approve an application like a written approval from the neighbor or something that they will split the cost or what whatever it is yeah that probably happen now where there's a tree on a property line or it's on someone's property hangs over someone else's property and I guess my thought is now that it's more of a financial thing where it wasn't before and that's where one neighbor like wants it and the other neighbor doesn't and there's a dollar Factor it might create a problem but I don't know okay that's thanks for bringing it up I haven't thought about that previously just again something but think of everything someone will thanks yes it's true let's take a village hi Rich hey Rich M 497 Avenue thank uh for all the work she's put in on this and short notice um should I be speaking louder because it's I'm getting the impression that my voice is not verying the microphones in the ceiling will capture your voice for for Zoom it's these microphones are really for the benefit of people in the room okay yeah just you know but it would be great if you could speak up so I'm sure that I can hear you um so just to answer uh one or two questions that came up up because I attended a webinar this morning which was given by the D and the New Jersey tree Federation and they said said yeah you should be submitting your ordinance to the state to review it uh and they gave an email really easy email storm order at D um so um the other thing is that a town doesn't have to revise its ordinance if it thinks it's got a good ordinance it can just send that ordinance in we thought we needed to revise our ordinance that's what that's what this is all and I think that most people are not going to be affected by this tree room it's going to happen a tree is going to die maybe all right a tree is died but we want to know that that tree is died because we're interested in the whole canopy the whole picture so when somebody's tree has died they should also email trees at bdwp and say hey my tree has died uh and all that's going to happen is where we're going to report it there's no fee involved uh there's uh no permit and we just need to know that do you need to replace that tree no that's not even in the ordinance you don't have to replace the tree it would be great if you replace the tree but you don't have to the thing that people don't seem to realize is that trees have value and they they we're talking economics here right they are an asset and if you look at the trees's value there was a a paper uh published by the New Jersey Department of Environmental Protection calling about talking about the value of trees and they take a typical Suburban Tree and they assign do dollar values to so soil protection controls that's $6 worth of soil erosion control clean air that's $71 worth of air pollution controlled by absorbing carbon dioxide and other harbon harmful pollutants wildlife habitat that's a $75 worth of wildlife habitat in food for birds and animals evapo transpiration that's $103 worth of air conditioning the values that I'm quoting are coming from uh prices in 2002 and they computed that on a total yearly average of $355 and compounded that at$ 2.5% interest over 50 years and the acred value was about $196,000 now of course trees need uh some care I mean you take care of your house you you check your water heater you if you have a dryer that's blowing hot air you check the vent so that it's not accumulating uh a lint so that you don't have a fire in your house trees need care too it would be great if we could rely on residents just to repl trees replant trees but even with the present ordinance and low fees present ordinance the current ordinance residents cut down trees without applying for permits that's happening because I've seen it happen and Tom bco can tell you about that the bottom line for the environmental commission is no net loss of tree caterpy some may claim that residents plant trees to replace those taken down but the replacement tree is typically 2 to 3 in in diameter while the tree that was removed might be 20 or more in in diameter so a fast growing tree on average increases in diameter by2 in a year at that rate it would take the tree 100 years to reach a diameter of 20 in so that's the difference in canopy that's reflected in that diameter that's what we're talking talking about we're losing tree canopy we want to plant more trees trees contribute to making livable communities making the most of their value requires providing trees with a proper care and potential thank you good information thank you Rich something I'm sorry I'm sorry that's when you were stating um like the interesting facts that the D went over on the webinar like Wildlife habat whatever was that a slide that they showed like is that presentation available somewhere it will be available the D pres oh that that was a paper so that's okay I can I can email you mean the webinar he attended or was talking I thought the facts were from the D webinar that was development not from the okay because I think that's really interesting and more people should know can we do it did you know s to MEK for the maybe for the news letter that's I think it's a good idea okay than thank you Rich that's it you want to speak good all right very good um thank you to everybody involved that was a really robust good conversation love with me have good policy conversations so moving on to the regular agenda and the Anna would you please read the ordinance an ordinance am in the code of the township of Berkeley height to create a new chapter 9.1 2.200 prohibiting the trespass upon private property for the purpose of tampering with other committing the theft or unlawful taking of a motor vehicle and prescribing the penalties therefore I move to open a public hearing on the ordinances right any discussion roll call Mr Kudo yes Mr Donal yes Mrs villis yes Mrs po yes okay I'm just going to read um the instructions as I typically do comments are welcomed during the comment period during this meeting on any agenda item however an ordinance is listed for its own public hearing which is now on the agenda please hold your com for that particular public hearing to make uh your comment the speaker must come forward to the microphone and state his or her name and address for the record each speaker is limited to 3 minutes the mayor council president will keep time please promptly yield on the floor when time is called and return to your seat your cooperation in adherence to these Rules of Order will ensure an orderly and respectful meeting and what's that the hearing on the ordinances Z against for all 35 syore Avenue I've just due diligence uh given last time was the conference session and the introduction session for this ordinance um I brought up a couple of technical things that uh were not not substantial but typ typo a section numbering and the way proess sport I'm not going to see that guy changed and what was put in here so I'm just depending on the decision depending on that you took last time decision you make this will be a an adopt as modified and I can I can go through those two things what was yeah the first the first where the the last whereas I I made the lawmakers is one word um and then I think the last uh when you look at the actionable part of the ordinance like the last three letters were really part of the just structural things I'm sorry what was that what's the last one Steve I wasn't following I'm not following that I get law maker and then the other one is following act I think CD and e or part of B CD and E so that should be like small I I triple I you know what I mean lower case I double lower case I triple lower case I they're both part of b or part of bated list of B A just take got this keep us on our toes Steve adopted as amended right Danny no issue with that it's not subst uh seeing no one else I move to close the hearing Mr Cudo yes Mr Donell yes Mrs Dillis yes Mrs po yes I move the ordinance as read by the clerk and hearing held here on we adopt an on Final HD the clerk directly to advertise same in the cier news thank you there's only four of us and I can't vote so rudo yes Mrs an MRS zis yes Mrs poke yes okay open hearing on agenda items only a second second any discussion roll call Mr Kudo I'll think that yes Mrs an yes Mrs illis Mrs po yes okay the hearing on agenda items only is now open with the same rules that I put out in effect so the three resoltion seeing no one I I move to close the hearings on agenda items only any discussion roll call Mr Kudo yes Mrs Ann Mrs illis yes Mrs poke yes move on resolution one approving goist dated March 5th 2024 in the amounts of 76810 and 23 Second any discussion I just want to comment that whenever I have questions Anna is very good about getting back to me in a timely manner so I thank you roll Mr Kudo yes Mrs Donnelly Mrs illis Mrs Pope yes um I move resolution authorized in the application to the fiscal year 2023 assistance to Firefighters Grant of the Federal Emergency Management Agency for the purchase of radios vehicle EX lost nozzles and gas meters in the amount of $124,000 with a matching amount of $6,500 any discussion roll call Mr Kudo yes Mrs Anie Mrs illis yes Mrs Pope yes I move resolution number three authorizing a Professional Services contract with FSD Enterprises LLC providing Wireless telecommunications consulting services to the township second any discussion roll call Mr Kudo yes Mrs Ann Mrs Ellis yes Mrs po yes open the council Township Council reports I guess well that means you have to go first okay I go first uh okay U I'm just going to report on on the economic development committee and let everyone else report on their committees um there's a lot going on I'll be meeting with the DBC uh next week 12th we're having a meeting on 12 and um at the EDC the meeting we met and we discussed the Main Street New Jersey webinar and to see if the grants available from that webinar National branding can assist us um how can the EDC work work directly with property owners we want to hear their challenges and want as as a result of the conversation at the committee we will work try to work as schedu round table with the landlords our priority number one for the EDC is to understand what landlords want and what the business Community wants as well um our priorities is to be understood understand what they need as for economic growth in the area and how Town Council can work together in Partnership and that I try to summize excellent very good okay Paul okay so the uh senior committee met um not really a lot accomplished other than um a couple of things coming up in May the senior information Fair May 4 the mental health awareness presentation on May 10th I believe they're trying to do some senior programming on the town's TV channel which is run out of GL and uh that's it for the senior committee and then I believe there's a flag raising on March 15th for St Patrick's Day which you know being Irish i' mentioned that that's it for me all right very good maret um I also attended the economic development um committee meeting and Manny provided us updates and I'm sure Angie will touch on that as well um I'm sorry Margaret that's I didn't bring my so it's a good thing you did it um unfortunately I didn't make the last gr committee meeting because I was out of town so that's it for me all right very good thank you bar Susan uh yes St Patrick's safe library and is on March 15th and John fer and I have been working with Dr Pat Smith he is providing a grant but we set daners with the screen truck uh Pipers from G and our third annual soda bread bag off contest and Prides were donated by local businesses so hope everyone gets baking and come on come on down it's 5:30 on March 15th know all those dets I didn't know all those that's I wrote the f sign know they're all right did the planning right I did the planning so with regard to the mayor's Wellness committee our first walk with the mayor is going to be on March 19th the vernal equinox day it's going to be right before the township meeting yeah well spring starts like at night full day 20 right the ver Equinox so we thought it be to for our council meeting and um I have some help from Deb bar and she is planning an inside route and an outdoor route as recommended by the the mayor's Wellness campaign um also with regard to mayor's Wellness we have a meeting tomorrow are you going to talk about that yes okay so little B about that great and I have planning board tomorrow night um there not a lot on the agenda so I'll report on that next time we did have a grants meeting on Friday night it was just a few of us um I submitted a grant today to AARP for the intergenerational game club so the goal of this is to match seniors with um like I say children because it's like eight and above and to kind of break down those stereotypes that you know seniors have of young people and young people have of seniors as they engage in um cognitive um gameplay that will stimulate the mind um for those of you didn't know my my father you know he had dementia and it there is research that show Wellness comes from playing these games being engaged with younger people and pets and you know just keeping the mind going so it's a personal cause to me as well I want to thank Angus Angus thank you for helping me with the sound system information thank you that's his area of expertise and also I got a letter of recommendation from Carolyn George and de Barner and because the uh within the grant they wanted some support so it would be with the Recreation Commission so they gave me a beautiful letter and we got it in with an an hour but um before the DU date so yeah yeah they called me last minut Susie for a reason so there you go and that's all I I'm excited about that grant that is a great purpose thank you Susan okay so my report so happy March it's time for March Madness Irish soda bread the Spring Equinox and my favorite the Shamrock shaking th just saying uh update on federal F funds first and foremost I am pleased to report that in response to the request submitted by representative Kane senator uh related to Berkeley Heights priority project the final version of the Interior environmental Corporation Bill includes funding as follows in the report so this is how it how it's uh the verbiage uh will look in the federal uh government budget $2 million for Berkeley Heights Township for sore and storm water improvements the EPA stag clean water State revolving fund account the funding is cited as originating in the house through Congressman C they're requested um but not funed funded in the Senate version as well of the Interior environmental Appropriations legislation so maybe our lobbying down in Washington DC and June paid off ler right uh noia the update for this month is that we are expecting a draft mou from the New Jersey Eda for our professional team to review later this week hopefully we'll get that on the 2 uh March agenda that will be for $50,000 for our visioning meeting so as soon as we have that money or have theou signed um we'll set those dates so we can have the community come forward uh and tell us what they would look forward to seeing at Nokia uh mayor's Wellness committee has its inaugural meeting tomorrow as Susan mentioned March 6 one of the items that we will be discussing and I think really drilling down on is Paint The Town green initiative uh Mental Health Awareness Month Council M hudo brought this to my attention a few weeks ago and we're working on a few specifics including asking the business Community to allow the GL art students paint green ribbons on their glass doors and windows ping green ribbons around trees and engaging in a chalk campaign of inspirational quotes from Berkeley Heights children so hopefully we can get all that um launched uh this community honestly it's been a privilege I have met so many new people including uh Chris sylvestri from Peace of Mind yoga wellness and counseling centers as well as Mary Anne Wilson uh who founded K Anne Wilson Foundation upon the passing of her daughter and they're all joining us um tomorrow night so it is just going to be such an enlightening night I really looking forward to it the Veterans Affairs committee will hold its inaugural meeting on March 12th the far following Wednesday so I'll have um an update for the next meeting um please check out the public libraryies website and social media they are planning some wonderful events including the 71st birthday because they missed the 70th last year of the library which dates back to September 26 22nd 1953 they are launching a cookbook book club you should join that that's up your alley uh and they're having an ongoing March madnesses bracketing for readers most popular or favorite books so right now we hear that Curious George is killing it so you know look out so but check out what they're doing I think they're doing some really clever Innovative things at the library uh Berkeley Heights Police is announcing the Motor Vehicle Commission for senior citizens or older adults will be on our premises June 6th we um will also be announcing um an appointment schedule coming up you can't just walk in because it's so popular we do have to um have some sort of scheduling process also the Youth Academy is scheduled for the summer um through the bhpd it will start June 17th through the 21st for second graders through fourth grade and June 24th to the 28th from fifth graders to 8th grade um I want to thank Mrs PO for her generous offer to reach to her class for read Across America month best part of my job is weddings and going to your class I love you so much we had a great time they are wonderful kids uh and finally in tough Community News I want to congratulate the Highlanders hockey team who lost the state championships literally in the last few moments seconds of the game yesterday I have to say Kudos on another amazing season the whole Community was pulling for this team from Thursday when they won um the semis uh right into yesterday at the cruise Center all the high school students were dressed up and red white and blue and it was it was remarkable and a sad loss but um they've had an amazing season so we congratulate them and in the absence of council president boster I want to announce that today March 5th is National potty dance day this St is dedicated to the little dance people do when they need to use the bathroom so I just wanted to keep John Spirit Alive by giving you I live that every Dayo that's is that my report it's also Cheetos day it is Cheetos day National Cheetos day I was trying I was like which one I only wanted to do one thanks mayor um our annual spring chipping program is going to begin on April 8th we have more information on our website about that um this is for branches not trees so please please first don't go cut down trees second don't put the tree remnants out for pickup this is for branches um and we have the schedule for each of the Town sections up on our website so that's one of our most popular programs so please check it out um latel Lord constructions continuing um we have a section on our on our website under BH history and then latel Lord we'll post regular updates there scheduled completion dat is the first week of April uh councilwoman POG and I are working on the Grant application for this year's um new Jersey historic trust Grant um speaking of trees Richard left but uh our big tree planting with our huge d d Grant is beginning Monday it's very exciting they're they've been out digging the holes this week and Richard has been um you know working alongside with our our tree vendor um making sure that the holes are dug in the right place um so we'll also do a second planting in the fall so again thank you to Richard ler of the environmental commission and Richard um excuse me and Al MOS and Richard for their continued work on this grant this has been a really tough one um never again maybe will we apply for this gr to say that out loud okay maybe in a couple years after they after the trauma has yes our Shermana revital revitalization project is continuing um we've made a decision to split off peppertown Park to get the park done quicker with less red tape than what the Sherman a portion is going to take because we're using Federal grant money to do that part so we can definitely get the peppertown portion done by Winter Walk So if the other part takes a little bit longer to get approvals from do it's okay we'll at least get get the peppertown part done um we have a great video interview one of our local students who's helping us with this project did with mayor Dean that will soon go on the website we have a new shorter URL Berkeley heights. goov sherab where we'll post all regular updates um we have a lot more rain coming today was a doozy if you can please watch your water usage with anything with a drain will help our sewer system tremendously um we are putting quite a bit of money in the budget to um make necessary repairs as we go but this is a multi-year multi-decade um you know problem that takes a lot of money that you know these major fixes are not going to happen overnight so we chunk it down as as we can um so those are all the big things that are going on thank you I forgot to mention the shirros you want to talk about that Les you want me to talk about you go ahead so you knowth march is the women's history month so the township is going to honor the shuros that live in our town and if you go to the newsletter there's um a little flyer there but you can send your nominations to me at spog BHT wp.com and we're looking for a picture of your shirou and why you're nominating that shirou so you have to you should ask permission from your Shiro because they might not want their picture up on the website so you know we don't have to put the picture if they just would take the nomination without the picture so just make sure that it's okay to put their picture up and we have one nomination so far we're looking for many more so think about your shuros thank I'm glad youn excellent think we just have to accept the town coun okay better make a motion to accept the town C Council reports second any discussion roll call Mr Kudo yes Mrs annaly yes Mrs illis yes Mrs Pope yes move the citizens hearing second have any discussion roll Mr Kudo yes Mrs donelly Mrs illis Mrs pop yes okay the citizens hearing is now open with the rules that I read earlier in evening so9 for barville Street um you to know progress on the wall and or sewer plan issues so we have um I don't think that there's were you at the last meeting so every other every other month we have a schedule right so the next one is March 28 so we're scheduled to get an update on March 28 if you can wait for that I think aside from the $2 million that we now know is definitively in the federal budget the um only other thing is the digest covers have been ordered and they're probably four or five weeks out now it was 8we uh lead time um and the wall I don't the council's been doing small discussion so I I'm not a part of that can we have an answer tonight on that because on the wall we can't pay for the wall this year I mean the other stuff that's I don't want that's the reality pissed off but I heard that last year and it's been a year it's in the budget it's in the capital Improvement I don't know why it can't be addressed now before it's too late because the other stuff is more of a priority that the D needs us to get done and this is something that can be done in it's half million dollars at least half million dollars but it's something that's was put in the budget it's was agreed on by the entire Council and I don't see why it can't be worked on now before they start doing the work on the sewer plant because once they start to work on the sewer plant the noise might be horrendous let alone the wall may stop some of the smell the weak of couple of snowstorms every day it was stinking down there so that's what the digestor covers are going to resolve the wall could be addressing several problems the odor consultant didn't feel that the wall would change anything related to the odors and all of the Consultants strongly believe that the digester covers are the predominant reason that you're experiencing the odors the wall yes we've talked about that you're you're correct in that unfortunately on a probably monthly maybe bonly basis we are constantly getting information from our s our Wastewater engineer that there are dangerous and imminent situations and we have to keep changing the budget around so we can fix those problems we have had violations at the sore plant with the DP we're trying to work through those um related to um rain events and then the capacity you know can't handle the capacity so we are doing our best and I know it's frustrating for you because you directly would benefit from the wall being up so you don't have to look at the plan we are doing our best but the problem is you know $10 million that we set aside including $2 million that we're now getting from the federal budget a million dollar from the state budget that we would have never gotten normally still isn't enough to cover what we need to do there it's been Decades of neglect we're doing our best to get on top of it if we can wedge the wall at initially we were told that wall was going to be300 ,000 now they're telling us a structural engineer is telling us it's going to be at least a half a million dollars so I hope you can appreciate the situation that we're in we're making decisions that are kind of more life or death versus something that's definitely a quality of life issue I agree with you I mean for you to have to excuse me it's beyond the quality of life issue will do you appreciate that do you appreciate that the the wall may not be as serious as maybe the the flare situation the the permanent or the temporary player or that some of the other say my issue is they could be both done at the same time and it will only benefit we don't have any money Ed like we've done the best that we can we're we're literally going to the federal and state government to to come up with $3 million the state money isn't that was infrastructure money that the federal that was in the federal bill that money dried up last year so there's no more going to the state we'll do the best we'll make the ask we keep going back we hired the federal lobbyist again for 100 we're paying $130,000 a year for a federal lobbyist solely for the sewer PL solely so that we we can at least come up with a million or two million dollars every year more than what we have and the vast majority now you got to remember for the last five or six years we have put about $2 million aside for Capital Improvements and that's been predominantly roads some drainage um maybe you know vehicles for the D we put $10 million in the budget last year eight million of those dollars went to the sore plan and it's still not enough and $8 million and you're getting three three million from government that you weren't planning on right and and guess what we don't have to borrow guess what look at the asset go go back and look at the asset management plan that's on the website it's they're still telling us that are 2023 2024 projects that we need to address and if we don't address them they could be they could be vital to the plan we had last week Diamond Hill Diamond Diamond Hill we had a pump station that had a situation where there was literally raw sewage in the pump station that they were trying to mitigate the situation we were just discussing it at a staff meeting we didn't expect that so now that's a repair that we have to make you know I I get it look we're gonna do our best but I'm just we're trying to be honest with you rather than tell you that we're going to build you a wall being honest was saying we we put it in the budget it's in there for the wall and then it's never going to get it is being honest because that that was our intention and then the Wastewater consultant comes back and says guess what this is another problem it's more urgent than the asset plan that said that you needed to do this in 26 you needed to do this two years ago and guess what there's nothing at that plan that costs less than a million dollars every time somebody tells us we have an emergency except for the wall so I'm sorry it's just priorities we'll do the best that we can true sorry I said it from the beginning that the wall will never get built because you're going to say You're going to wait till the end and then say we ran out of money and I don't want to hear that okay the hon the wall was part of the problem and the wall can address the noise issues the sum of the smell issues and okay so I'm telling you again the older consultant and the Wastewater engineer tell us that the wall so so predominantly just so everybody understands it's a wall that would probably um cover let's call it for lack of two or three houses that are on the property line of the sewer plant so there's two or three houses that would benefit from this walk more than that but uh two or three houses that would benefit from that and our OD consultant and our Wastewater consultant is telling us that it's not going to mitigate the odor the odor is the digestor covers which are ordered and then from there we're going to find we're addressing other smaller Capital needs but there are Urgent million dooll Capital Improvements that have to be made or we're going to Bas D violations or we're going to have waste water running down you know the roadway some are hazardous to the life lives of the people that are employed there of course and it's hazardous to us too I have to live right next to it I have to walk past it every day so my life is just as important and I don't really want to deal with this and hear a bunch of crap for the rest of my life because I know it's smoke that's about all I'm getting out of this I'm sorry if I don't believe you but when somebody says it's in the budget it's going to be put in and then every time I ask about it it's well we can't do it right now we're going to do it that sounds like a lot of BS I'm sorry I'm pissed off I'm pissed off at another issue that somebody in this town did to me that's going to affect me for the rest of my life and I'm not going to bring it up because of repercussions but I'm getting sick of the crap from this town and this is the second major issue that's affecting me I don't need to pay the price for everybody else's problem uh causing the problems okay I'm pissed I'm really pissed at what happened this week really really pissed and I I would love to tell you about it but I don't think I should because I am afraid but at least I wanted the wall addressed because the other issue I know you're not going to fire anybody and I know it's not going to fix the problem but it's going to affect me till I'm dead and have had it thank you okay anybody else citizen second second any discussion roll call Mr Pudo hi Mrs annaly yes Mrs zillis yes Mrs poke yes okay we do not have an executive session so I'll take a motion to adjourn I make a motion to adourn all in favor all right have a good night everybody