good evening everyone I would like to call the April 2nd 2024 Hamilton Township council meeting to order this meeting is being held with the benefit of public notice as required by the open public meetings act M clerk will you please call the role Mr PaPeRo here miss Phillips here Mr Ty here Mr Carabelli here Mr wh as can we all rise ladies and gentlemen for the plag salute and then uh remain standing for the invocation I pled to the flag of the United States of America and to the repblic for which it stands one nation under God indivisible Li and justice for all dear Lord let us pray for the children of our world for it is through them that we see you let us teach them strong values and morals so that we lay a strong Foundation of Love generosity compassion and forgiveness and finally bless our country and Township of Hamilton may we as council members promote honesty and integrity in all that we do we make all of these intentions in the Silence of our hearts amen amen so I just want to jump to our updates to the agenda this evening please be advised that there is an update to the agenda that is different from the agenda that you may have received or that was posted on the website resolution amending to add assistant public defender position to resolution number ca1 24-39 it reads as follows resolution consenting to the appointments of Jose Miguel Ortiz ES to the position of public defender and Edward C Logan Esquire to the position of assistant public defender for the term of April 3rd 2024 to December 31st 2024 and then we have an additional resolution ca24 24-1 162 resolution amending resolution number 24-96 to resend Awards to Stewart law Kimberly Stewart LLC to serve as the municipal prosecutor police legal advisor and Christopher K curus Esquire of kgm Law Group LLP to serve as the alternate municipal prosecutor and to award Christopher K curus karus Esquire of kgm Law Group Lop a professional service agreement to serve as municipal prosecutor police legal advisor for the township of Hamilton for the period of April 3rd 2024 to December 31st 2024 $350 per court session $175,000 shared maximum can I please have a motion on the amendments to the agenda so moved second roll call Madam clerk on the motion Mr Papo yes M Philip yes Mr Ty yes Mr car yes score Z next um uh entertain a motion to from executive session yes may I please have a motion to move us into executive session this is just going to be um our legal council has advised us that she would like to go over some uh legal issues or pending litigation so moved I'll make the motion I'll second roll call Madam clerk M yes M Phillips yes Mr Ty yes Mr Carelli yes so now relax I'll be F don't [Music] worry yes she go for for for for for for for for for for for for for for that's for for for for for still issue I to SK it um I came today just to see what was like I didn't really get prepared if I don't get everything out the way I want I come back again or we open to the public you can sign in here to make sure we call your name okay cuz I was since there is anybody here I want the wrer than better you know to you like you said start come back with a public comment yeah cuz I don't know how this works I I was I've been to the other meetings where they would do for like the Contracting and stuff for an item on the agenda no okay does it have to be sign okay and then come the public comment and K tell to come here I'm looking for help for we in my yard and my neighbor and he only this would be my next step to try that out just put my name in my address and then we'll call you up in public comment right that's to B go on [Music] that the C what you just he that sh for for for watch one you're heess up all time your name high or one every time I respond Emil one no it's just like every time and then I remember when you respond back to me but then my address how I get I it shows up I have keeps coming up so I look at it I know and I they're all but thank you for asking all it's the s for [Music] suspicious suspicious [Music] supect anything that's not his oh no yeah it might be his I sto Alison's before well she let me borrow you move another one no the blue one I Rick's blue pen I just I'm borrowing it for these fruit punch mango we we didn't recess to yeah we did I made the motion yeah you made the oh I'm sorry Pat you did okay okay um can I have um I make a motion to exit executive session a second roll call Mam clerk on motion Mr Papo yes M Phillips Mr Ty yes Mr carabel yes next for consideration we have the minutes of January 2nd reorganization and swearing in and the minutes of January 16th regular council meeting can I have a motion on uh minutes of January 2nd and January 16th I'll make the motion I'll second call Madam Mr yes Miss Phillips yes Mr Ty yes Mr Carell yes this 40 next we have communications C1 through C4 or joint recomendations the first is recognizing April 26 2024 is Arbor Day C2 was a joint accommodation on behalf of the mayor and Council recognizing April 22nd as Earth Day C3 is a joint Commendation on behalf of the mayor and Council recognizing April's Autism Awareness Month C4 is a joint accommodation on behalf of the mayor and Council recognizing April as Child Abuse Prevention month and C5 is the receipt of documentation to amend Pages 3 and four of alcohol coverage control license 1103 33 04410 Hamilton Restaurant Group trading as Hamilton ta and Grill just updating mortgage information and the addition of a vending machine so I'll take a motion for um communication C1 through C5 if I could I'll make that motion I'll second roll call Mr repo yes Phillips yes Mr Ty yes Mr Harel yes this is 4 Z for your consideration we have consent agenda items ca1 through CA 24 so I just want to briefly go over a summary of of the consent agenda that you have before you this evening um we actually have three appointments on the agenda specifically all one is our Al alternate public defender Jose Ortiz is now going to serve as our public defender uh do the promotion uh to a judgeship of our current public defender um and then we're also going to as the um um update to our agenda indicated having uh having it the um I'm sorry the alternate public defender who is Chris curus Chris curus um um he also is going to uh by means of passing that resolution will be appointed as our assistant uh or our alternate uh public defender he will be alterate public defender and and public defender alternate public defender is not Chris cures that is Mr I have it here I have it here I read it at the beginning Mr Logan right Chris castores was our ultimate prosecutor but he was our second bidder for prosecutor so he's we are resending his appointment as alternate and he's going to become the prosecutor prosecutor okay and for theion yes that's okay so um they were two appointments on that first resolution on the consent agenda and then also we have another appointment is for Hamilton Business own Jennifer chin gner uh to serve on the Hamilton Township Economic Development advisory commission you will find amendments to our cdbg programs for 2024 there are four tax appeal settlements uh there is a resolution for the discharge of fireworks for our 4th of July event um due to increases for recycling and trash pickup there are also tipping fee increases on our agenda dictated through the mcia um there are also two repaving projects for Gennesse and Samuel streets each um were the selected lowest biders we have two capital projects one is for uh Ford Maverick pickup for the fire department um I noticed it was partially funded through a trust account that's correct okay and um and then a a law mower purchase for public works and uh finally there are tax refunds and performance bond releases um so regarding that Council my Council colleagues any comments on the uh consent agenda it's uh any comments from the public regarding the consent agenda seeing n can I have a motion I'll make a motion to close the public comment and move on consent agenda items ca1 through ca24 have a second second motion motion M Mr yes Miss Phillips yes Mr T yes Mr Carabelli yes pass is 4 Z ordinance 12416 is an ordinance to exceed the municipal budget appropriation limits and to establish a cap Bank pursuant to njsa 40a 44514 this is second reading in public hearing any comments for my Council colleagues on this ordinance ordinance 24-16 comments from the public council president see no members of the public wishing to cancel I move that move seeing no members of the public wishing to comment I move that we close the public comment portion and move ordinance 24 24- 016 on second reading second motion roll call Mam clerk Mr Caro yes Miss Phillips yes Mr Ty yes Mr Carabelli yes 40 ordinance 24- 017 is an ordinance amending and supplementing the code of the township of P New Jersey part two general legislation chapter 362 Property Maintenance section section 36210 abatement of violations regarding grass weeds brush or other debris recovery of cost by the township this is first reading and introduction can I have a motion I make the motion to U Move ordinance 24017 on first reading and introduction I'll second that roll call Mr Papo yes Phillips yes Mr Ty yes Mr parelli yes yes is 4 Z next we have the introduction of the calendar year 2024 Municipal budget resolution 24-1 162 resolution of the introduction and approval of the calendar year 2024 Municipal budget so I know I we have our finance director with us uh Eugenia thank you for being here along with John Calderon our budget officer um I um I know that all of us just were in seat of the uh Township uh budget 2024 uh introduced budget uh this evening um so we look forward to holding our budget workshops over the next week week and a half two weeks um and I just want to uh reiterate those dates of our B budget Workshop meetings our first one will be this Thursday at 5:30 uh right here in the council chambers we're going to have the Municipal Court department of police and then we're going to have Finance on Monday a April 8th at 5:30 we're going to have the Department of Law Department of fire the business administration and the office of the mayor on Monday April 15th we'll have Department of Water Pollution Control Department of Health Recreation senior and veteran services and then on the 17th which is a Wednesday at 5:30 will conclude with the Department of community and Economic Development Department of Public Works Municipal clerk's office and the township Council we also have set up two additional evenings um on the 18th and 24th of this month uh if if needed um but we look forward to diving into into the budget and taking a closer look um did any of my council members have any comments regarding I look forward to the the workshop process it's it's always a great opportunity to uh get a look under the hood um at the um function of our government the operations of our government so looking forward to it council president excuse me um there is a typo when I added the uh consent agenda item 24 I failed to increase the resolution number to for the budget it should be 163 if you notice both of them are labeled as number 162 yes okay thank you for that correction Madam cler do we need to do we need to do anything to mess with my okay okay I think we're fine thank you for the clarification anyone else no okay um open to the public for comment on just resolution this resolution regarding the introduction of the budget okay seeing done res uh make the motion on uh to move resolution 24162 I'm sorry 163 I'll second motion Mr Papo yes M Phillips Mr Ty yes Mr Carabelli yes is 4 Z okay that brings us to comments from the public [Music] no Ro Roco Shapiro Sha shappa sorry Rocco that's fine um I have your address here but if you okay if you mind just stating your name for the rec well I wasn't really prepared I was just coming to see cuz I was going to come next time I was going to have something written up but okay you're fine my name is Roco sharoo III I live at 12 Christopher Drive in yville New Jersey it's a Christopher with a k um it's 08620 I'm here about um I have a big problem I'm looking for for help I have rainwater in my yard um I've been a resident of 12 Christopher Drive for about 28 years and with uh in the last 3 to four years uh my neighbor moved and I have a new neighbor and he put in a swimming pool and um I put in agreeance with the township with the engineering department everybody cut to the chase um he gred the yard his yard is higher than mine and his concrete goes right to my fence and if you look at my yard you have Broad Street my backyard faces Broad Street and the water the rain water should run out the back and kind of to the right and my house is on like my house is on this side his house is on this side so if I'm I'm sorry to cut you off if I'm facing your house to the right uh if you're facing from Broad Street my house is to the right if I'm facing the front of my house my house is on the left is is on the right he's 10 Christopher okay and um what happened was they they put the concrete and too high the concrete's probably at least a good 8 to 10 in higher than my yard and then when they've graded the soil to where it should back pitch down and go it's it's still like 8 in high so the water stays in my yard well what is happening not only that but all his rainwater from his house is running back into my yard and um there was a down spout my neighbor um the previous neighbor had his he put a dish on the house so it made it closer so he had a down spout which was running in my yard and it was fine until he put the pool in and and DED the water up so the water doesn't have any place to go so then Township talked him into changing his down spout where it kind of came down and he just hasn't running inside his yard but it lays there and they put a a a shallow drain in for like Po water and the water should run in there but it's just running off of there and running back into my yard and then the drain where that runs down to my yard just dumps 3/4 away in his yard and it's going out my fence and coming back in Okay so we've been going back and forth back and forth the engineering's been out Sam's been out they say it's from my mulch bed all stuff but I didn't have any problem before it wasn't perfect when was the uh pool installed when when was the pool installed it's been a couple years now because it's been like 3 years maybe because every time the township would come out and then they would try to make him do some changes uh there was a bait he wouldn't do it and then I'd have to call back and it was ongoing process um and then what happened was he um at this point now um they they weren't getting back to me to Township they said they told him just dig like a little Gully going out so the water would run to Broad sheet which the bike path is actually higher than the Y so it it you know he took away the the flow of the water the way it should be and when that house was built I was the original owner the township had a real hard time figuring out they had these giant BMS they were going to put in the backyard but then we didn't have enough room they put him in they took him out they went I went to all these meetings here okay and what was happening was the water from like my neighbor's yard would go to my yard and that would be where the BM would have been like in between the Crescent of the BMS and then mine would have broke and went to my neighbors well they didn't put the BMS in and the township told the Builder he should uh put a fence in so um they had the fence him but seems like nobody wants to listen to what I'm trying to tell them but the long story short is I talked to the mayor he said I should fix the problem them and take them to a small claims courp I just spent $3,000 for for a drain to put in and it doesn't work it's just as bad or worse than what it was and I got them the the um landscapers coming out Thursday it's a it's a licensed landscaper and everything it wasn't like so I don't know originally I I called to try to get a lawyer and stuff but they want like a $5,000 Bond and all I don't have that kind of money I just don't want water in my yard M you know so I called U Andy Kim office and they sent me here and said that maybe you could help me and put me in the right direction and I called this morning again to engineering but they they haven't been calling me back okay so I I just would like to see if I could get some help I have questions okay I got lots of questions um who approved the size of the patio right cuz we have there's certain there's there excuse me I do one Interruption okay engineering told me that everything that they did is wrong it's it's doesn't come under the concrete's too high the gring's too high and the pool wasn't improved that they put in they put another Pool in they're not here so not that we don't believe you but but that's what they without them being here and saying that to us we have to go based on what we have my issue is I have a pool also I know that there's uh distances you have to wait away from the fence I mean when you when you look at the picture right and you have that much impervious surface guess what the water's got to go somewhere unfortunately it's going going next door right is this much concrete allowed in a backyard I mean 2/3 of the yard is concrete now well it's like property line to property line all concrete there's no there's literally nowhere for the water to go whether it's off of a down spout off of the concrete and again I I don't I'm not saying that the officials are wrong cuz I have not this all we're getting is what we have here but looking at this when somebody says hey I'm putting a pool in my yard and it's the entire size of the the yard and it's all concrete what's going on I mean so from what I understand the little bit that I understand about this uh particular issue conrete is is the same size as the house that they've been they've done everything in compliance with what engineering has asked them to do whether something went in wrong the first time they've come into compliance with with everything that was the last I got from engineering on um so C Kathy if I could just interrupt when you put a pool in right you put a pool in an inground pool the the concrete has to be pitched away from the pool and it has to be pitched away from the pool because if you if it didn't if it sat flat or was inward the water would go behind the liner and push the liner up so purposely all pools the the concrete is pitched away yeah this concrete is pitched directly onto his property the concrete is on his property I don't I don't know that picture and what the property lines are and where that is I'm just going off of Google Maps that's all so yes but from what I understand too behind all of those properties there along uh along Broad Street that that's a whole drainage easement so they would be directing runoff to there it's supposed to be wet well if they were going behind the half that' be one thing there's there's no way that this person put the pool in and is and the pool runs parallel good to the house there's no way they're pitching the water back to their own house let's let's be honest and it's rain water I got pictures on my phone I could show you that's it's unbelievable so again understand Common Sense the the water is supposed to come off of those properties there's a Swale marking right in between the two properties on the back end of it closer to Broad Street but what about the water that's coming that's purpose L being diverted to each neighbor so it's supposed to be going into the Swale anding out that way and so where's this I'm sorry where's the swell at the at the at the back end of of their properties on how is the water getting to the swell when the concrete is on the fence it's coming off of his pool and going into the neighbor's yard right and this this won't help you this here because I don't know where the pool is from what I understand it's been they've all complied with it and they're doing that and in fact you had mentioned sir the the the runoff from the house right they had had a runoff drain that was pointing towards his fence and so instead he's he's done that and du a trench that goes out to the S trench doesn't work because it's only this deep plus he just he ran it down and an engineer so I don't know so it drops onto the the ground there's a shallow grade for four po water okay this is rain water which it really comes down he has it laying down on a corrugated a corrugated piece of Pip with a with a ladder laying on it and it doesn't collect the water it's not going into anything and it's running right down and running into my yard anything that does go down the that goes down 3/4 of the way and then dumps back into my yard cuz the line doesn't go all the way out to the swell or whatever you're you're saying it doesn't meet that plus the way his yard is buildt up any water that comes into my yard stays and now the landscaper the two down spouts I have he just piped them in to run down underground there's a grate there which is kind of catching some of the water that's overflowing and to run down the yard and then he has a a like a a goes under the fence with a popup and the water's still coming back plus all his water still coming back into my yard so no matter what youever you're saying about this falling can't damn the water up the water has to go someplace and it's going to my yard it's like I have at least this much area with this much water in my yard today and that's just in one spot and the rain it starts coming up what where did the water go before the it ran down and it went towards his yard and went out probably went in the ground too but that's the way they were designed I get my neighbor's water ground the the ground water the ground would be able to hold the water now you have impervious surface and it can't go any into the neighbor and his thing you see how thick this is but I'm just saying that from what I've been told that it is not was not supposed to go into either let into the Swale down the center of the two can I ask you a question which nobody answered go why why did they let them they told me the concrete was too high they told me the gring's too high who's that told me that's engineering that was Fred um dum Dumont he me and I asked him well who allowed this he says I don't know so I have a Rocco I have a question um and thank you for joining us tonight thank you for bringing this to our attention very upset my of course of course I understand you're you're yard is probably ruined yeah it's getting worse you can't time go my grass large amounts of time it's mud you're not able to walk in your yard D out got mosquit understood should take shrubs out I'm an innocent B here I didn't do anything to my yart and I'm already out money and they're telling me well you this is the way it should be well it wasn't that way before so that's what made it change so I'm trying to I just want to no I don't ask a question I'm I'm trying to ask a question that's not even of you I don't expect you to know the answer uh I'm concerned for you so I'm trying to uncover some information to help you and to see to try to figure out because we can't just obviously wave a magic we'd like to solve your problem you know there's no quick fix to this right exactly so my question to our attorney yes sir or our business administrator is do we know did did this pool have to go before the planning or zoning board we don't know that those are all the details that we need to find out so are things that I need to follow up with and find out more about do you know do you know if the your neighbor had to go to the planning or Zoning Board in order to be able to build that was that the PO the pool that was approved isn't the pool that was put in it's bigger all right that wasn't now I got a house Three Doors Down for me that they put a pooling everything's perfect the water runs off the p is the grade does the grade go toward your property are you like below there's no grade it's like is there a slope I mean is there any kind of slope it's my yard and it's pretty flat and his yard his is up slope from yours it's up it's like see how this curve is on this your countertop it's like that all the way down when the concrete ends then the and it soil F was it like that before the pools belt and his flat before that under my fence brocco it was flat before that yeah it was it was there was fence line the fence was on top the both lines they kind of crowned in a little bit and went down so we need more information about this we're not going to be able to give you an answer tonight uh what what's going to happen is our business administrator and our attorney are going to look into this and they're going to get more information okay uh and see what they can find out because we we just don't have enough information to even be able to say definitively what could or could not done the day that they signed off I was complaining still yeah it's like and it was so if you came in my yard and looked you be like oh I can't believe they let him do this that's how bad it was so I have uh you know just from personal experience we moved into a house in 2020 we have two pools on both sides of our property and I just have a grass backyard fenced in but grass backyard and our previous two previous I'm the third owner the F original owner ended up putting in a a drainage like a French drain French drain of some sort which helps but I still get water in my backyard cuz the you know impervious surface but um yeah let's I mean and we we're actually gathers up years ago I used to have a swing set back there now you have a pool so Rocco his side has his but the the water always it starts to run this way right and heop stopped it what are you looking to have happen I'm looking to not that water in my yard the way it was before I mean I lost two butterfly bushes all my grass is gone back there in the back it's all muddy it's um I just don't want have the water in my I mean his concrete should be cut back because when it says on the internet that you're not supposed to go right up to the line that's one of the things we need to find out Rocco hey Rocco hey Rocco don't do me a favor let me let me let me talk and then you talk and we'll take turns talking so uh that's one of the things we need to find out right why the concrete is right up it appears to be right up to your property line so that normally wouldn't be allowed so we need to find out why that's like that if the property owner was given permission and if not then we need to see what needs to be done from there the water that's even running out of May with that drain so I think Mr Rocco is over time no I know I know but I I know we're all answer asking questions so I I let him appreciate I'm sorry that I this has just been going on and on and I've been talking to people people we have standing room only tonight as you can see so everything down cuz I wanted to see how this works yeah and then I thought well it wasn't anybody here so I give it a shot she was nice enough to tell me I come back again if I had to so that's that's fine perfectly fine so we have a little homework to do here and we'll get back to you I appreciate it I really do CU um like I Hilton is always really tough anything I had done in my house is like they you fix it again and this is like overwhelming it's like I can I do do we have your contact information though that's important so before you leave I don't know if we have but why don't you add why don't you give it to the CL give it to the deputy yeah if you wouldn't mind Rocco that be great just got look for because I don't know it yeah no 12 my neighbor numb 609 54 1820 okay thank Youk than youate we'll get back in touch thank you rooc yes anyone else wishing to make comment Janice Rocky you don't have to stay yeah you can feel free to yeah yeah that's right that's [Laughter] problem J CL 432 trity new Cornell height I mean tomorrow it's supposed to Monsoon so we might beneficial to take a walk take a ride and just see see what it looks like I know you know cuz tomor so be really bad okay and my I just have a quickie I mean I've been reading about you know uh the eclipse coming and everything like that and what different townships are doing and one Township the library was giving glasses do we have any glasses giveaway or anything like that or where you can buy them or get them do we know with the eclipse or I you can get them on Amazon yeah they're selling them yeah I haven't heard any but I I think the library might be a good place to check did you say you did check with them or no no I just one other Town said they had their library was giving away I thought oh well maybe our library is too I had no idea feel like to see it is supposed to be sunny though supposed to be a little bit better that like like for the week it's on Sunday Monday Monday Monday Monday okay right that's why that's why some schools are closing early because it's right when dismissal would happen and they're all going to be like oh including probably my no we were as teachers we were talking about that today ourselves about you know cuz as so far as I know Hamilton's staying open yeah no my district isn't and a couple districts are doing a half day to make things easier you know that the kids would be home but then the parents were bent out of shape because they're not home the kids are home you know so like that so I was I was just curious It's aome yeah just my experience from the last the last ful e Eclipse that we had 2018 20 yeah I I think we obtained them online yeah but um yeah I don't know of a public source for that that's a great question that's a great I never I didn't know classes was they say don't stare at the at all in 20 years if we hear uh I'll let you know if okay cuz I'm not a computer person that's all right cuz if I order something if you can't find glasses close your eyes hold your phone up take a video and then look at it later it's not the same right of course the other thing somebody said they was supposed to be being televised on TV too maybe I'll watch it on TV oh yeah sounds like makes it easier okay thank you I'll be working wa dark oh okay that's it's fine okay anyone else from the public wishing to make comments see that Council me start yeah least all right um so thanks again to everyone for coming out tonight especially on this rainy night um just I wanted to mention celebration of Arbor Day it happens that today April 2nd we received um our certification as Tree City USA once again something we very proud of and for Arbor Day we will be working with the Wilson Elementary School for a poster contest and a planting of a tree and um the shade tree commission's been working hard on that so um that's really all I have just um looking forward to our workshops and we'll probably see you then so have a good night C no just thank you for everybody that came uh looking forward to getting into the budget uh little budget process we have coming up um guess we'll be back here on Thursday 5:30 right uh it was nice to see you know a resident coming and letting the process take place right he had an issue and I'm sure we'll do our best uh to to get him his answers and get him satisfied and uh with that I'm going to say see you on Thursday yeah and I'm going to be very brief and just say we'll see you on Thursday thank you uh all for coming out this evening um thank you for our participation look forward to this budget process as well and we'll see each other in a couple days sounds good thank you meeting a Jordan here we go okay