##VIDEO ID:Ogp3pWbOjGo## good evening this is the meeting of the burough of Highlands mayor and Council regular meeting on Wednesday August 21st 2024 to notice requirements provided for in the open public meetings act have been satisfied notice of this meeting was properly given properly given by transmission to the as Park Press and the two River times and by posting at the burough of Highlands municipal building and filing with the burough clerk all on January 1st 2024 items listed on the agenda are subject to change please stand for the Pledge of Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which stands one nation under God indivisible with liberty and justice for all I will now do roll call council member santz here council member chac here council member Mel here council president sheski here mayor bran here first we have o of office Joseph deeno [Music] just a little bit [Music] Joseph s that I will support the Constitution of the United States that I will support United States andit of State new JY that true the saint and govern govern establ United States establish in the United States and in this state and in this state under the authority of the people under the authority of and that I will Faithfully partially and justly perform and all the of the office of shade tree commissioner shade tree commission member and tree commissioner commission Commission [Music] [Applause] thank you appreciate you got no worries okay do we have an offering for the uh July 17th minutes I'll offer them I'll second council member santes yes Council chac yes Council council president sheski yes mayor bran yes motion carries to approve July 17 2024 meeting minutes next we have July 17 2024 executive session minutes all of those all second Council memb zantes yes Council yes Council main council president lvi yes mayor bran yes motion carries to approve July 17 2024 executive session minutes next we have introduction of proposed ordinance 12 244 amending chapter 11 uniform fire code section 11-4 organization section 11-7 non-life Hazard uses section 11-8 smoke detector inspection fees and section 119 permit fees uh this is just uh updating the ordinance as well as now that we have our new building department having uh the housing official answer directly to the construction official uh there any questions from the table here then with that I will offer it I'll second council members of office yes Council M yes Council Mel yes council president oesi yes mayor bran yes motion carries to pass 0 2414 on first reading with a public hearing to be held on September 4th 2024 next we have 02415 adopting the amend Central par Central business district Redevelopment plan pursuant to the local Redevelopment and Housing law njsa 4A col 12 A-1 at seek um this one is to um update this uh this plan uh again using our building department they uh thoroughly reviewed it they were we did not have our own Building Department at the time this plan was first adopted uh so what we did is we streamlined some language making it more user friendly for people to understand and included some more uses any questions on that one no uh then I will offer it I'll second council member santes yes councilman chac yes counc melck yes counc peski yes mayor Bulan yes motion carries to pass 02415 on first reading with a public hearing to be held on September 4th 2024 next we have resolutions uh Nancy this has to go L use board so it needs to be transmitted uh to the board for them to hear it at their meeting in September right so then the public hearing will be October it would be the second meeting of September would be the public hearing I believe the L use yeah the L use board is uh September 12th right does but they have to memorialize it so be two months doesn't October so be in October so that would be what the October 2nd um I was going to say can't they well I would I would ask that this be transmitted tomorrow to the board members that way they have ample time to review it and then they could discuss and have that uh resolution ready so September 18th this is the public hearing yes thank you um o September 18 got it all right um so the public hearing will be on September 18 2024 next we have resolutions R 2447 amending resolution 24-19 entitled approving renewal of liquor licenses for the 2024 2025 five term as pertains to liquor license 13117 33-24 7 I'll operate I'll second council member svantes council member chac yes Council mik yes council president sheski yes mayor Bulan yes motion carries to adopt resolution r24 147 next we have consent agenda mayor would you like me to read the resolution by title yes please R 24148 Community Development block rant resolution authorizing the mayor and clerk to execute a project agreement with the mammoth County for performance and delivery of fiscal year 2024 Community Development projects r241 149 Community Development block grant resolution authorizing the mayor to sign a cert certification prohibiting the use of excessive force and a certification prohibiting the use of federal funds for lobbying R 24150 accepting bid for the sale of block 101 lot 3.02 in the burough Highlands County of mouth state of New Jersey R 24151 approving change order number five for phase one sanitary SE improvements project r24 1552 appointing a shade tree commission member and appointing tree commissioner r24 1553 authorized an extension to pay taxes to September 6 2024 authorizing I'm sorry r24 154 authorizing payment of bills R 24155 authorizing the award of a non-fair and open contract for professional engineering design services for the Washington Avenue Improvement Project R 24156 authorizing the award of a non-fair and open contract for Professional Services in connection with the with a usdot reconnecting communities Grant application r2457 approving close out change order and declaring acceptance of contract for drainage repairs project at 88-64 Road R 24158 cancel tax overpayments okay I just want to go over a couple of things the first item on the consent agenda for the Community Development block grant is for uh the other side of marine place where we have the raised platform and um the raised concrete platform so we're just doing the other side this time this is the the side that's on the sea drift side of marine place um [Applause] he going through these uh Washington Avenue this has been uh something that the folks of Washington Avenue have been looking for uh since uh Sandy and that is to uh Mill and pave that street it's in dire need of it so um we are going to uh take a look at that and try to get that done in this year um the Professional Services for the the US uh Department of Transportation reconnecting communities Grant application is a planning Grant and that is for uh looking into the feasibility of building a uh Bikeway walkway over Route 36 connecting uh from where the grammar school is with kuuan field uh so it would make it a lot uh less dangerous as currently um kids and some older kids namely adults uh like to Frogger across the road which is a four-lane Highway and is incredibly dangerous so we're looking uh for this planning Grant to see if we can't make that a reality um the change order change for drainage project was because quantities were different so it was a little bit more I want to say about $3,000 more does anyone have any other questions on the consent agenda no okay and then with that I will off second council member santes yes counc M yes counc melik yes Council peski yes mayor ban yes motion carries to adopt resolutions R 24148 through r418 next we have other business home and land request for easement okay before we get started Andy if you could please absolutely so uh right now we're going to have a public hearing uh applicants here home and Land Development Corp have requested to utilize portions of the Burrow's right of way in association with an ongoing land use application uh just want to give a couple ground rules I know we have parties on either side here tonight we're not going to be doing any formal swearing in of witnesses we're not marking exhibits anything along those lines you'll have the opportunity to present anything you want to present um any members of the public will also have an opportunity to weigh in after you've done so and we'll give you just an opportunity to close once everyone's had their say um I will note that the any presentations should be limited to what's specifically being requested of the governing body it shouldn't be a complete rehash of the land use application uh let nowhere should it be a review of the history of the properties let's focus on exactly what's going on and what's being requested tonight from the governing body any questions any thoughts otherwise thank you fair enough all right thank you may than you counil my name gentlemen how we have the property on hom land own property on Street in Bur and we're here tonight to seek the council's approval for two aspects of proposed plan that's in front of the burough Navy Bo currently so here you'll see this is a cover sheet for the plans the applicant two properties are located here on North Peak Street and it's the Terminus of North Peak Street the African proposes a subdivision to uh adjust the lot line that currently exists between these two lots and to build two new single family homes on those lots in connection with the proposed development uh the applicant proposes improvements along the property Frontage North East Street in approximately 2017 burrow did improvements on North Peak Street which reoriented the roadway slightly to enro on the applican property uh there's a Timber retaining wall at the Terminus of North Peak street that turns on the applican property here and holds the slope from from coming down this way the applicant proposes to basically reorient the roadway back into the right way and to reconstruct what what's now with Timber retainment mall with a c uh retain so that's the first aspect the second aspect of this proposal relates to the Sewer surface so the home that was previously on as property is uh serves by septic uh the home has since been demolished in anticipation in development and any new home since this is in a sewer service area it needs to connect to sewer infrastructure uh rather than going through North Peak Street which doesn't have existing infrastructure there is a unnamed right of way at the rear of the properties that connects down to valley so the app proposes to run their sewer connection through this spred we and then make a connection on to that's the long and short of the application with me tonight the president of the property own he'd like to address a little bit of history and give you on where we're going and iank excuse me we we've just stated that we're not dealing with history and we're not making a land use application here we are only dealing with those two aspects of the application what's going to H happen in the right of way prence to go straight to our engineer he's here to present plans [Music] okay to the improvements are shown on the plan north of this sheet which is the home show improvements in and a portion of the improvements to the be of the site the improvements to nor andet again concrete rain wall that is proposed to be constructed and move an existing Timber retaining wall further from the Afric property which will allow for vular access on the site without Crossing through nebor Lots um and generally puts North Street back in North Street I'm going to refer to a marked up copy of what was the survey serves as a basis to the application to keep it simple I got three colors on the sheet the existing home is in this lower right hand corner of the lot the remainder of the lot has various other improvements on it but the Road North itself actually crosses onto rots 8 and N cired in blue and then the existing retaining wall is shown in pink and then the pink portion is the portion that's inth P stre there's also a portion of this retaining wall that extends onto the applicant's property which is shown in way uh the proposal again is to move these improvements sort of back into the right way where such improvements would be expected to town find in the right we find retaining W necessary constru also in right the existing walls the distance between the existing walls and the prop line today is about 6 ft which isn't wide enough to D car and as a result you have to maintain some sort of press access agreement between Lots 8 and N to maintain vular access to lot which may have been acceptable at the time this was constructed but we feel this could be improvement over the existing the other portion of the other thing I here to discuss this evening is the sewer here we so the sewer extends off the rear of the property so we're not seeing more pet on this on this sheet but we are looking at the unnamed right way to the rear as it extends across the rear these lots and and I believe sort of run south or Southeast toward ble the proposal for this portion of the right way includes what will ultimately be a work application that will be reviewed in technical capacity by the DP for a as a result it will need to comply with the dport the which and yeah let me point out this unnamed PL is sensibly exactly for this purpose um it doesn't appear to be paper Street the RightWay is only about 10 ft wide widest and nrow is 6 ft between where turns 90° and actually going laue so at some point it seems as though this RightWay was created for explicited purpose if not one very similar to it to run utilities and whatnot from Street to the wall will be built and maintain wall and SE will be built and maintained of the applicant we would expect that there will also be a maintenance Bond and maintenance for these improvements as well specific be work out between the applicant and Council dep developers agreement very for this kind of this kind of work uh we haven't completed all of the design of the sewer all of the design the wall but there is wall design this work is underway the wall is designed the geotechnical work is is done all the eyes add teas for us but to get back in front of the land use board hopefully to obtain an approval we're here tonight to make sure that the council is also aware of little bit um maybe a little bit atypical usually uh you may see this after the land support have granted an approval subject to the condition of as that agency review which in their for their purposes would be includ the municipality and the record bur open permits revie by your engineer develop by attorneys and similar that covers two bits that we needed to okay um thank you U I do have one question you had mentioned that the uh previous building that has since been raised ra AED um had septic uh there is no um there is no application nor approval for removal of that septic system so can anybody tell us where that septic tank is and if it has been removed or if it is still buried in the Earth I believe it may have been incorporated or identified on a survey that was submitted part of the land use board application I am unsure at right at this moment exactly where that it's right where the temporary street is right right right where the street put the six street it's up in this almost near the shared property line near nor Street I have locked out okay does anyone else have any other questions before I ask Joe to chy in it's still there or it's removed so I Dem that house I the hill to REM still there some kind ofall got it and that's that's part of the plan too to remove that okay thank you anyone else Joe if we could add in um your comments yeah we're to tonight that discuss uh the only concerns that we have they're limited but they're significant because of the's exting sh on this that is open and that Daylights above gr above ground into a curve con gutter that continues down both pink those improvements they're not on there um so I understand that in my mind the only that will I guess in the next design as stated by the design but so thought is that that have to go further into the behind and I guess without looking at the specifics of the retang rather will be rang simply at this size right now is a 4ot temper uh temp wall very low level could have been done by the done by the resum ties into the property I don't know wasn't that but that type of wall would probably be somewhat geog so you're doing something SL that me you got tie GE imagine carb so it's free S 2000 it's 9 fa engineer with the D behind the wall fix that to the street yes into the existing man so that's at elevation 165 the p is at elevation so that is a significant trench in terms of vation that that means the inlet is probably at the top of the TV you got to come down so that's a heavy amount of construction and activity along a slope that has not been destabilized because there is vegetation there that slope is maintained right now by Nature on so those are concerns that comes um as far as as well as constructibility is their space so in terms of bringing up the proper equipment to trench that out to go 15 and then it's not clear how deep they have to go in but you're going to have you know push the wall up against slope the bed so you got to be on the other side then you got theage that F Compact and then tie into the openend curve G that the other concern that I have is as far as the stand are due to the fact that drops are 7 and2 ft yeah that it's foot and a half on top of me that means we any serious mans going to eventually maintain this which I don't know if that's but we're talking about having six mans dropping 7 in elevation so if there's an issue where you need to get in there DPW will have to have L safety o all that this ement is very thin in my mind I look at it was probably develop for overhead wires put in a pole you get access with bucket truck uh typically sanitary equipment not done through grass areas they usually so that's kind of my only short my concern sharability really lies in destructibility and it impacts neighbors uh there's also wall that's going to be on top of sanitary and if it's a free you're mentioning that's for all this we what do that do to the sanitary as far as cover we have those details because the PLS are basically CS you have your house this is going to be AWA which means Nam are you and they come up three access um so we're talking major construction we're talking Major Impact slope and then major maintenance eventually uh unless something happens in the devel grou that the bable for any questions for ref no very clear M um if I may ask your engineer have you uh and I've asked this question before have I still haven't gotten an answer have you uh considered making these improvements not in our right away running your sewer on your own property instead of viewing the Burrow's property so that the buau does not get encumbered um by this project and by the the issue of sewer is not easily solved on any one property um in particularly because it has end Tre so typically we end up putting it into the SE that usually be Frontage sometimes shared sort of rear yards but it's very common to have a situation where Ste run through nor Street and we would be able to connect with a typical lateral connection or maybe even a p connection but a connection out to North P that's impossible there is no sewer on North as result we're left to find the best solution that is for again two single family homes and trenching all the way down street to valy where it [Music] inters some um seems like a serious construction project for two single um and then the so the the other option you have to look at is an onsite treatment plant which is again sort of a non-starter for a home and the third one would be septic but you can't be septic in an area where you're already in sewer service area unless it's completely literally impossible um kind of how that how that application um if anybody has any uh experience to the contrary i' love to hear it we found a better way to do it that's what we would be doing but we feel this is the best solution for this piece of property in this location given circumstances that uh as for the retain wall um not moving the retain wall or we're constructing about moving the presents issue regarding access inent again that that more only about 6t from the property line of lot and you can't park a car un drive one in less than 90 so we we would be forced to have multi s of cross access limits there would be complicated further on site and reg use of properties um and really the the right way is where the street should be it seems as though the ring when it was constructed was built to solve the problem and it's done it it's done its job solve the problem it's on C like it probably needs to get replaced at some point it's a Timber wall so we are presenting an improvement in that regard an improvement to the wall a concrete wall it's going to last many many years and with very Minal maintenance with that that matter too and the africant has considerable experience constructing similar walls on mult properties to my knowledge not only in in Highlands but in other areas of city and I believe the applicant is confident that that they can complete this construction no be talking about a plan that they can okay anyone else Don was was this the plan from initial onset when you destroyed or rais the uh the old house like or did you discover this problem somewhere along the way like to me this this seems like can I finish the question I I want to finish my question could you let the man finish this question this seems like a significant Challenge and you seem like an A sign um very experienced Builder how would you not know this is a problem from the start I I disagree not not not having to it's a CH sure sure you can I'm just saying it seems like would have been why we do something somewhere else or something else the applicant owns property that they want to improve other properties in and around the area they want to provide an attractive home a s home that they want to sell um it's they want to make money uh in addition to the fact that they live in the area or are treatment in this are building they want to maintain reputation they want to build an attractive development to homes on two Ls and the challenge the social challenge we identify soltions but what we're looking for is we're not done designing right we saw a little have some improvements or permits to obtain but we're looking for your consent to continue we finding a solution the board has pre has put a prere on us to obtain sort of your consent to move forward with the application considering it has improvements in the right way without granting the underlying land so it puts us kind of rock in hard place the board won't act unless you agree to consent to at least entertain we'll have to have to make building going to be Joe's going to get get an opportunity to uh review these plans as they come in can right imag un individual go appliation then it goes to the the treatment Authority then it goes to the they do so this isn't the last stop but it it lets us get off the box and get through what we hope to be a successful land use application uh by having yourent continue showing I 107 107 2021 and month I got a connection1 I also depit Bond I also two connection register two connections you're ask why why would I take a Gamble and see I go down that number 10 the house next door to me already has a line going down property there there's already line number 10 10 uses it has a black ABS 3 in so I show that I to put my next to her so she's already doing what I want to do so it's not like I'm making a store I went down to the town and they gave me a here of the sew eement allow air and that's why that PA for and to now let's talk about the war in 2017 at the moment in 2017 the town they renov the street and it put Street curb in then the right of want to build the wall so they bu a wood wall one timber wall make sure so one day it's going fall down one day P down the street come across the Propet I have down the street it's already doing so I've been I've been putting straw up there trying to control the Le which is amazing FL and I got under control almost I can't May and I also have the home try to this problem I see why piss because I can't stop unless I go this and I put the drainage for the pipe kind of put up there that's not not properly in school let connected to this to the back of the wall right sou 14 high wall on by so done so I'm very with my drains I'm with my wall I just need you guys to trust me to let me put this walls and the flooding down I can't all the down from Mama Hills Water cross down the hill so I'm just right now concerned about number 10 so her and the people behind my house after that house down the street they they actually and I can tell you theot I don't know house they so you see when the comes in I'm not that's my problem my St the water to where we are to get there then you guys M and say guys so somehow somebody years ago because they want for I'm going to do the and stop and that down myty going down the hill so until we fix this wall never I can all the my property look like a l more property supp to go we never never never fix never so that's the problem is the wall has be built as 4x4 Ando and he bled it so that no go into yeah deol okay so if he got whoever did it had luo's property to get his property so he could walk block so I went to that neighbor and I said listen I'm going take W and want access to his house fire not get up that from from that Avenue he should get up the street to get to his house there's a lot of things that that needed but I and make it but we do it he's be happy I myob started looks like a pain it needs to be connected to a drain back behind the wall and the one engineer engineer no GE said I whole not doing that cheap expensive I'm spend spend 50,000 more Myer good so that's why someone to build a wall I build the town let me do it you guys St it's never I that's problem so we need to get this okay let's back down I can't stop soens no I got do it do it I'll be [Music] I'm so that's it I have a question um I know it was briefly addressed maintenance of the sewer I believe was mentioned that it would be built and maintained by the applicant what exactly is being proposed as far as maintenance because if I understand it correctly Joe it's classified essentially as a main yes um and normally Mains are maintained by municipalities but are are you proposing to maintain this whatever lines are being proposed in perpetuity if that's the B's preference then yes I mean you heard from the applicant that he's willing to spend money to do it as indicated normally when we put the super extension in right way dedicated uh to public um however the app is willing to both install maintain all these improvements of and there's various ways that that can be accomplished uh there will be FL out the developers agreement between the property own in the town uh we talk about maintenance funds one idea to establish homeowners association with a sing Fund in it to provide Financial Insurance that there's going to be funds available to do the maintenance um and then of course all the maintenance work that have done by and I heard 5 foot manholes thrown around there it's a 10t easement what's envisioned as far as actually what's required to maintain it how is it going to be maintained are there steep slopes in the sewer easement area like what what are we talking about we're looking at since since the sewer Improvement are necessarily require appr answer the same question from currently evaluating looking into Solutions AR one giant 5am piece of [Music] concrete before the came and they told me put three homes on a 6 in lad coming down the hill I don't put no man just like number 10 does has coup and6 in 8 in C every 75 ft so somehow we have to get that manes on the hill you have a lot of houses town a lot of they don't have has nobody this town has requ will be based on and Joe is that feasible what he's [Music] describing Current stand updated in 2014 2019 so the construction methods of 70 a lot different so I don't know it's 8 in line I don't think they're going to want to have so I the DP analis mons in terms of getting to the bot of it 72t how do someone down explain to me that this is a subis said oh this is a [Music] majis but the promise if I did that way I have to work with my I we everybody because everyone and LS come through house the new house it's house sure but that's how works that's how that's how works there's no secrets goes down proper this lals coming lals con a little ultimately again I agree it's a little different right you can't you can't look at construction today with construction that happened not even 50 years ago 100 years ago some of those homes are are very very old um but it's it's just like what we deal with um in the flood zone the the rules have changed the Rules of Engagement have changed you can't be held to Old rules you have to build to the new rules or else you're not building I'm just stating a facts here um so as as our engineer has mentioned D changes the Rules of Engagement every few years and we have to abide by it um so I'm frankly concerned I don't want anyone building anything in the buroughs RightWay um I think um our Engineers character characterization is that they were likely for overhead lines uh there are a lot of overhead lines in that area uh right off Valley Street behind uh the current homes that are there um I know JCP know was in there trimming because a lot of the The Vines go up onto those um electrical hes and the electrical lines um I'm saying what what the what the RightWay is there for [Music] eng2 SEC okay I did not give out any permits so don't say that I gave them out Middletown Middletown gave you permits right cix right we're talking about two different things have 10 10 20 yeah so it's notri the at the top of the hill that's the because you know every house now has to be connect to [Music] [Music] the it's going to be not just my job Hill it's going to be [Music] secrets and and and you're want you're want the be a lot of walls around here because there's no like you said if I take a six wall I have to take 10 you don't have to cut to the H very a little bit for the stone the drink so I go back maybe 5 where I went that same back um one concern is the construction the construct m maintain it um and the design and review of it is still going to come back to engineer way the treatment authorities going to there's a lot of checks and balances um we just want to get the of the consent the back of the bo we didn't get uh no we didn't get so no at this meeting B so to be clear what they're looking for is consent to build in the Burrows right away right okay right but you're you're confusing what's happening above on North Peak with what's happening Below in the lower the lower right of way we have right away not my homes up on the hill no one no one's running up so that that's not true it's true okay we already gas so gas why are you talking about Portland Road we're talking about North Peak okay so any has to go back down that Hill allow to that they have to new up [Music] to but asking for something spending money if I don't get it done I have no more stop I get it I pissed too I few times look like got fix it I can't do it fix it okay go to theway so he's happy and then that's design for design for the so just so that just so that everyone's aware we're talking about two R of ways there's the one on North Peak and then there's the one down below that is adjacent to um Mr doran's property and this is an only nothing kind of yeah I mean do are we voting tonight on this or well yes they have to go back to L sport so um I think if we look at it as two different things um which I think we have to because they are two very separate things right uh the right of way where improvements were made but there's no record of it on uh on any uh ordinance or resolution um if neighbors said that the burough did it then you know most likely the burough did do it and DBW did something maybe we can get some of the older guys to weigh in on that um but the sorry also a gas line where on the below or above gas that's above that's on North Peak right ah okay somebody did it we don't know who it is right back in the day somebody did something great I think what's happening above that is in the street of North Peak is a lot easier to deal with because it encroaches on the survey although we would need to uh probably get a survey of our own just to confirm the boundaries um of where exactly those encroachments are um I would not be opposed to to that getting straightened out and having the asphalt that's currently there that's on your property be taken away um mayor I think before we get too far into the week of discussing the potential Solutions we probably should open it up to the remainder of the public I will but I'm just want to be 100% clear we're dealing with two separate issues right way that's on North Peak Street and the right of way that's below that is next to other people's property um I know the property well I've been up there quite a number of times um I don't know how you're possibly going to build this without being on everybody else's property that's below you uh but that's not here or there I'm only worried about the Burrows right away um so the one on the the right away on the below that's on the cliff that concerns me a great deal um so I just wanted to make sure that everybody knows that we've got two separate issues going on in this same ask um so thank you gentlemen are there any other uh comments from either the council or our professionals before we ask uh members of the public to come can you tell me again how long the Run would be of the of the sewer that you're putting in going laterally and then coming down 275t going across um this is V it's 275 so it's um this one the first run is about I say 100 maybe 110 and then that second R is one one 7 so 270 ft yeah in total it's 270 ft line and how many mans it open have to have one two the current which may change as we go through design is 1 2 3 get us the reason for this step design is important control you can in the you could put pip on the slope and the water a l f so we have an obligation to maintain the velocity St velocity inside the sewers and that's in part result of step is a 270t lateral Connection by far the shortest gra to for this particular for this the alternative would be all [Music] Street really the same location but going much further down the street and just serving it right it's not very wide uh in access to the existing hom Street construction unnecessarily and it would add the lck to the public so you know two two single family homes in a single family residential district that's within a sewer service area we're trying to solve for what is the most accessible although it is challenging most accessible meod ta thank you and uh if any of the members of the public would like to weigh in on this we could probably move that further down so everyone's not on top of each other everyone attorney RC Associates I represent Joseph dor he's the property owner of lots 10 11 and 12 located directly to the rear ra voling so as uh mayor said what most concerns her is the improvements to the unnamed RightWay well that is what concerns me and my client as well as it's what I'm here to speak to um you have asked the applicant why why why not the store up through property why not figure out something else and we've been told because it would add too much to the project because it might require them to go longer Direction I quite frankly don't you know that sounds like the problem to me not sounds like the problem not sound like my client's problem this store line and the associated retaining wall which as far as that Associated retaining wall been very little presentation on that that runs you about 10 ft say 5 ft of is taken up by these man coverings we're not sure how wide the foundations of that raining Ro are but you said you been up there I've been out there myself my client has represented I do not know any way you going to be able to construct this without affecting or having you actively go across my client's proper the planning board we there last time board engineer and I believe there couple correspondences from other many people have recognized that at the very least the applicant is going to need an E from my client in order to build this and likely to maintain this and I told plenty of ways I'm telling you right now my client intends on giving no such EAS and as far as other concerns on this property I don't have F to you're very familiar with the situation involving the TR and in fact the app stood up here in a mid we know there's a problem with drainage coming off of this property down that steep slope and R to my client's backyard down the sidey down this driveway I don't know if youve over copies of my letter obje this but I attach pictures to that as well it's a mess and they agree it's a mess the prodct they're not telling you I'm sure that history you're familiar with we know the reason why it's a mess because they clear up their property but and simple on that so now the applicant is here saying I have to build to fix the problem most problems they seem to have CLA or at the very least exacerbating wild the sore connection that is back there currently I just want to correct this believe Maybe spoke um there is no store line that is currently running um left to right as be on this plan through that rway that that is not the case there is one coming uh what will be up and down on this plan of services last seven but there is none through that right way back there right now through that is that is not the case um again theok uh so it is our position that the actions of the appc have damaged my client's property repeatedly over the past couple of years I know you're familiar with his story he's been here telling it many times um we would urge that the uh B deny him his request to build on that bottom right way uh especially since it seems like it can only lead to damaging my client's property even more with whatever construction is going to be needed here that's happen thank you does anyone have any questions for this gentleman now Joe Andy do you have any questions for this gentleman no [Music] sure just very know been here one times um I've lived in town for 35 years I've never had a drainage problem K the property was basically he knew to the B with bar and that's when I started to have problems [Music] and it was never never had control Mees into place not even today even they will deteriorate and Su is is so just very briefly um there was not a problem until until Mr par took down on the trees and created the B we have today so he wants to leave from B he created and there are two nonconforming laes he's he says to make them two performing lots and to build two houses and basically fill up the SL and make to a sand box basically until one house proper one house I feel that the Ste SL should be St go back to the way it was as best that could be possible and one house be buil up there it's it's it is not aw to my knowledge that he has to go the house and connect to the sewer system because of the problem with theology ask the retainable the lower rain the right away is because of [Music] the so those are my brief comments thank you for your considerations are there any other members of the public sir I'm here I'm neighor oford at 78 Valley Avenue um I'd like to speak in favor of um his position on this um for the reasons that his attorney um stated the the other thing that I'd like to add though is that um in in my view given how constrained the um the the low unnamed right away is um and how challenging it would be to build anything there not really impact the neighbor properties um to me it's it would be inappropriate for the town to Outsource that to um somebody else to do it in my view if if it's really compelling interest of the town to do this the town really should hire its own engineer and plan to hire some contractor to build it um but if that if it doesn't meet that bar then in my view it's it's not appropriate especially given all the constraints to um you know to have um a contractor do it who you know doesn't have a direct interest in the U Town's interest okay thank you anyone else any questions comments thoughts and and there there's no alternative other than to consider these coupled the wall and the SE no we can consider we could consider them separately a that's great I find the wall aspect very compelling I think that is admirable as to what Mr faru is proposing here upper wall on northe that's for sure I'm less certain as to the details around the sewer and uh too many open questions to say yeah I can have the same judgment on that and that would fix Mr doran's problem I don't think it would hurt but I don't I don't I don't I don't think it's it's one solution for everything I mean we wouldn't be in this situation if the uh as Mr Doran said it wasn't uh denuded or all the trees ripped out how many years ago was that J three four years ago that then happened almost right right so it's a situation that was created you know find the Builder uh and now we're trying to fix it so I do anything to help Joe because he's been in such problems for so long I on this well I agree with you same thing you know the wall like you said is going to fix the whole problem I mean the upper wall right it's not going to fix the whole problem it'll fix a problem right not the entire problem I would say it's a shame that the trees weren't left in place of solution and how did that happen so I do want to reiterate I know Council has provided us copies of the tree removal permits that were taking out years ago and I I do think we should you know the trees were removed right we can't go back and grow way the proposals and the current Solutions we're not necessarily here to dwell on what happened in the past so I think that should focus the governing body on what's being proposed here and you know whether it can and should be granted [Music] tonight and I imagine we would want to hear any closing or response from Council before we go into any more further deliberation sure thank you so you know in response we heard from our neighbors you know Charlie is Express his Sympathy for the small water problems that exist it's a problem that Franklin Charlie iner purchased the property he didn't build slist he didn't create gravity pushes the water downhill the the issue that is happening D is going to be best solved by proposed improvements and the construction of the homes storm Tech chambers that proposed the roof leaders the check danams all of that the requirement on applicant under the law is that they uh maintain or reduce the amount of of volume and rate of storm water flow off the property it could be 1% the applicant as shown in the drainage report is going to significantly reduce in from the predevelopment conditions so once this is built it's going to have a significant impact on the amount water that's coming into neighboring properties so we feel that this is the best solution not only for the F but also for our neighbors and and I hope that you feel Char sincere in saying that that is part of the goal of this whole application is to solve an existing so with regard I would just say it's not feasible that we can construct on these properties it is a rule of law we have to Connection in a sewer service area if it was Fe and could you setic we would consider it absolutely um now it just I hate to interrupt but I am aware of at least one other situation in other towns that have you know they're in the sewer service area but they have constructed septic is is there a formal requirement that you are compelled to connect or are there exceptions where septic can go in because I know it has happened okay I believe it would be more c as you have to demonstrate it's impossible um it's it's exceedingly rare uh such that it's almost a reaction to dismiss it out of hand but it's exceedingly rare to get a system appr in an areas and I just offand I have seen it so I I I have to imagine there are exceptions as you noted but now whe whe the r Chang from now the sewer service area was extended tocl these properties without consideration as whether or not there we'd have to go through the effort of amending the Sewer Service uh uh sewer service area which again for two single homes is effort that is particular two homes can't solve the problem of the region not having but we canide this this extension which in theory would also serve to benefit the neighboring lot if there fail um if they ever want to build another there's understanding there's other developments off to the west or Southwest um that may have easements with the idea that somebody ever does build this it's not entirely I believe M Robert identified that's existing somewhere properties here they get access this so it may may turn into a benefit for the community Beyond this sorry I interrupted you [Music] no anything further from you do we have any other questions for Joe or Andy Ju Just just considering that that proposal of it may turn into a better than for other homes this seems like an elaborate solution even for just two homes like how how would we be able to determine the feasibility for it to to support even more um question the the two homes would probably be serviced by one when we get to the point where we're making application DP the minum pipe size are going toage and that's not twice as much capacity it's like six M more um so as a result the system will just by the nature of the requirement ofers in this area application be required to have significant capacity well and and that proposed imp perpetuity maintenance of that would extend to anybody else who would tap into it I imagine that would come out as part of developers agreement or small utility sort of agreement that anybody that is connected or does connect would then share in the cost potentially one of the ways that I've seen this develop is be and then anybody that connects to it um would pay sort of their fair share back to the app for for the cost have installation and connected they would also be required to um support the maintenance of the system under whatever the specifics of that something we have toh out between now and to construct the final approval of it resolution last uh am I had to understand that the land use board has they're just waiting for our approval you've got because we have to give them permission to build on the RightWay or we don't give them permission to build on the right away but it's not their property so they can't be building things on Burrow's property way my experience you get the underlying land use approval first and then that land use approval is conditioned on other agencies that would include anybody that has any stake of any jurisdiction for anything so it would be soil it would be treatment facility it would be County application required to County if they don't care about it um that would also then include anyil openings road openings permits everything that would be required are all those conditions in this case we find ourselves in some of an unusual scenario where the board has required us to come here first rather than conditioning their approval on the regard acceptance of these improvements for for obtaining per construction so sort of you're exactly right we're here we're here sort of so you've explained all of this to the land use board all the sewers that you have to do all the different things you have to do and they're okay with it is that what you're saying no they did noton weigh onic the wall because they're not literally part ofering to coun because of the land yeah so the the board is revie the application themselves and then they prer to we receed no approval from yet currently in process having [Music] next application previous as part of application did you not see that no okay the other thing is do Ste slope stabilization oration the and it's kind of outside here because you're putting this drop system down that's yes I don't know I haven't anything construction just yeah absolutely you should have tax I think it's I think it's administra question reement so we've already submitted this uh plan and application I'm really specif the application but we' valued the slopes as a requirement based on the St that I believe we referring to that there's no similar requirement to submit this application for the right here and the right behind so so you saw PR picture and at their property which is which is basically so we kind limbo where I imagine the I think I think these know what we're what we're getting at here if I can sum it up there's a requirement to submit Ste application or permanent application part of L Focus solely on the land that we develop since there is no mechanism for preparing a cope analysis for lands that are not owned by the applicant there isn't right now application if there needs to be more information provided regarding the slopes along the two runs or the the right way and the UN to the rear I imagine that would come up as part of the Department application would be this area needs to be further surveyed and studied and designed so we kind theing those Els specific as 2 percent of dist [Music] allow disturbance but slow and that sanary system they're going to be exposing the [Music] you I think that part of the part of focuses on the prev coverage andag part specifically part of what the Ste slope analysis results in is a reduction in allowable cover Tock development on theck the aren on the Rock under the ground and I sort of sort of clear some of all constru improvs we're have to put the vation back there are ways to keep that area stabilized construction um whether there's ways to handle that and that I imagine also um the footprint of this would potentially separate application and they probably also get a shape that the specific instruction method and techniques that we're using to control soil erosion during and after time they just look at they review the study as it is during construction and then post construction so they get the whole picture a lot of analysis focus on PR exclusively but they actually control some of that during construction ISS that VAR Rel for doing these improvements in the right way that would be an excessive SL requirements so Ty 5, proper whatever and then typically you're allow standard percentage of discan for that block SL that gets reduced by percent which has allows the scope to not be completely uped and stab what I'm saying is the utility Improv right require more than likely over 80% of that right away uh to be deconstructed sheet it and then install s there's no other way to do it so I just don't know necessar how that fall it and then have to reestablish yeah that's that's the challenge um the good news is that the B doesn't need variances for doing this work with right away and on so just from process need any to do that work right away just to right yes be subject not does anyone uh would anyone like to jump out there with the motion on how to [Music] proceed I I I still feel two separate issues two separate opinions on yeah absolutely I agree with that state um um I think the uh the upper uh RightWay is by far easier I think that could be um handled uh without too much of a problem if the road was poured on the applicant's property then it should be removed the applicant wants to make that uh Improvement to the uh timber that's falling apart I think think that should uh i' have no problem with that agree are we all agreed on that yes there's a clear benefit there a it's very straight line to draw y the lower portion is uh is in my opinion a great deal different I think uh uh our engineer has brought up a a lot of issues that I really don't feel comfortable with any sort of any sort of construction being built on the Burrows RightWay um I think this sewer run with what was it 275 ft laterals I think that is uh a problem and I think it's going to open us up into more problems um yeah that that odd way of uh it going down um and I don't think we should be giving permission to build them burs right away I also think that there are two Alternatives that were just discussed you know one being going down North Peak and obviously not necessarily in the best interest of the developer but an option and then also the claim that you can't do septic seems to be an open question might be a challenge but it's not without an alternative to just this one and only way to go through the reg correct is everyone in agreement with that yeah yes definitely IE okay as am I so I think we should probably have just a motion to formalize that and um from what I'm hearing it would be to authorize the applicants to proceed with their application as it pertains to the North Peak street right of way but to deny the request to the extent that seeks to use the the lower 10 correct I make that motion a second [Music] we agreed right yes yes yes yes may yes to allow the upper right away but not the lower right we'll clean that language up sewer potentially that the council's notable to septic or another alternative and we're going to do our best to that design work entire project is be and for so thank you thank you thank [Music] you 8:30 okay okay um news from our newly formed Henry Hudson uh School District we um we'll be having a non-binding referendum on the ballot on uh November 5th on whether to continue to explore regionalization with sebrite uh for our emergency services our calls answered were um first aid Squad 50 fire 44 and police 900 45 uh code enforcement uh we had 10 summons six warnings 20 reports 28 inspections 25 permits and one Oprah request answered for the building departments we had 39 inspections of which 31 passed four failed and four were not ready and we issued 15 permits grants won so far this year are a little bit over $151,000 uh for burough events go to the recreation page and uh also Highlands nj.com to find out what's going on in town for the Army Corps project uh there will be a non-binding referendum on the ballot as well so this will be question two um I think it's question two Nancy is it one or two doesn't matter there will be two questions on the ballot looking for your input um so check that for the Gazebo um that was taken down on June 24th uh new one was delivered on July 7th uh we have yet to install electric and get those uh Ada ramps installed um I'm sure everyone has noticed that Linden Avenue curbs and sidewalks look really amazing y um we have we're going to have a change order because we are going to uh fix that section of water witch and Shore Drive right on the corner where that uh there's a a well that just uh the water comes over and the kids slip and then in the winter time it freezes and it's ice that's where all the kids come down from the grammar school so we are able as part of this project to finally solve that problem that's been going on forever um North Street valve are we still looking to [Music] put okay right so we're looking to get one of these um they're called inline check valves and so we would put them in at the end of The Run uh so that when it's high tied our streets don't flood we're going to test them out on North and Valley streets and if they work there we'll start looking at a program to gradually get all of our outfalls uh taken care of with that uh the wonderful sanitary sewer project replacing our sewers that was installed in 1925 um all the sewer work has been done uh right now we are uh doing the replacement of sidewalks curves and after that we'll be Paving of central beach and ocean and then uh right after those right after Lynden Avenue is paved and done the county is going to come and pave from the top of Lyon all the way to the circle by bars um hopefully that'll be a September thing but we'll see as soon as the county gives us the date speaking of the county Jones Creek dredging we have to uh work with the uh CFO to see how we are going to pay for that they gave us a whopping estimate so we're going to have to see uh how we can make that work in our current Year's budget or if some of it has to spill out into next year um updates to Veterans Park uh I've saw a lot of really excited kids playing basketball this morning on the new basketball court um so those hoops and backboards went in on August 14th uh the last bit is delivery of solar uh solar lighting and those solar picnic tables like we have over at the rec center those are supposed to be coming in in September and we also need to uh well weai for our irrigation guide to come and uh repair the irrigation in the planting beds over at FS um I'm just trying to read through everything here um I guess for our large uh the brick study the brick uh the brick work which is updating oh boy all of the flood mitigation a new um pump over by Jones Creek update our current two pumps uh working with Mammoth Hills to get that run off uh we have we're in the middle of our environmental assessment and uh that should be completed around March of 2025 and then uh final D review will begin after the environmental assessment is over uh Kathy Shaw is here she continues to chip away at the CRS issue to help us get um ourselves certified with the county uh Wai need to get that meeting with FEMA 2 done and I believe that is it for my report you hit everything I was going to did I see all your thunder let you go first next time right yes you can go first next time um like I mentioned earlier we're we're still looking for a bunch of new grants for some uh some more improvements all around town so um hopefully we get them and then we can get cracking on the some new stuff Mike I I have one question I think it was in your last report you mentioned you had a meeting with possible developers at Shadow laon did that ever come of anything any update we had we had a meeting back I want to say in June and then I got a call again probably about I don't know about 3 weeks ago from the original people that were looking to build oh he was asking me for some information he said he had a meeting with the owners and he would get back to me about you know what happened at the meeting never heard again okay well but that's that's good well it's better to have two interested parties than just one interested party good all right good deal okay okay um public portion statements individuals wishing to address the council shall be recognized by the presiding officer and shall give the name address and the group at B need they represent although the council encourages public participation and reserves the right through his presiding officer to terminate remarks to in or by any individual not in keeping with the conduct of a proper and efficient meeting if any individual refuses to conduct conduct thems in a proper manner they will be removed from the meeting the council will not during the public portion of this meeting discuss matters involving employment appointment termination of Employments negotiations terms and conditions of employment evaluation of the performance of promotion or discipline of any specific or perspective or current employee there's a three minute time limit for your comments you can just state your name and address for the record I attempt to De bre and of counc [Music] offici half my life in well where hang out Town part fish uh T and other CS are I'm here today uh regarding Peter White's Memorial as some of you may or may not be aware a friend of mine Peter and back in June I June a par was installed at the skate park and as I Ed this was insalled by and it remained there for approximately a month at this time through apparent complaints or whatever reason they been the pl was removed and I can understand many of concerns that have or any type of that have to deal with understand that what's to me is fact that this SP was put up it up it was put by the and only then was it ripped down and as far as I can see we don't have much of recourse to get it reinstate and that's why tonight so we request that if the council is still time to vote emotional support for two re install at the State Park in a more permanent fashion than how was pred to I know there's lot of people professionals lot of Heroes of all across the border today something like this I'm I'm not here to debate that and I also know that had a p he was my best friend for High School uh and I wasn't so luy to have people around I I could my could out his story is not a long story it's not a unique story it's one that's happened repeatedly all across our across New Jersey as some of you may know I I in 201 so just in my age in my generation that time can count least seven people in our communities who my age who pass the similar circumstances through theic of their all and although many people might be wored of place that might remind especially this it might remind children of other problems that people through might not be with best at point in my opinion for people who it's a it'll be a place of remembrance and for people did not know they won't look ask who is [Music] he C sometimes known as the kid who would always be at skate park doing the best do show all kids who didn't know how to ride how to ride and someone who quite frankly had an impact on everyone in my age you can not talk to anyone one in high Mar mle town and our age group who did not know did not so that's all I have to say and again if the Cil be so I would humbly request that a v is made to thank you [Music] [Music] Central um two items uh the first one is related to the uh improvement district Provisions is it possible though before anything goes to the lineage board or to the um for v as an ordinance um some guy of what has changed between this this the old one is very tense it's very hard to make a comparison and understand what we're looking at changed the um the other item is note that you installing additional check PS um I have a question as to why the uh FL down at Jones Creek has been left open to the various um uh the flood LS and events that have occurred over the last few days during the high time that was tide open winched open and well I agree that having it open in some occasions when the tide is not going to be substantially elevated we'll provide some environmental benefits and some FL work all the way in the creek it should be closed um during High Tides water has flooded back through the inlets all the way up to Bay Avenue having to try through salt water when there is no reason for that to happen is just Joe can you yeah so I know in terms of the heavy star that have happened in the last few weeks um there was a significant I earlier trying County without trying to it basic half of J Creek has been fed in with years and years of so the capacity of J Street to handle that storm water was uh at risk and basically back him up into those same streets so we did have a Heavy R open up and in terms of what I one of the senior members of DPW he was there at 1 in the morning cof Quick Check and Jones Creek join faster join his T DW so he quick check came back and everything was flushed out in terms of smell quality um right now in terms of out that is goal uh that tie Val is a very heavy cast iron it's not a flat Val working on getting one of those installed that would be self-maintaining so right now there is a decision to close time it's not that simple right now the ease of ecologically flushing the system because even though T cre is getting inated from TI it's temporary and it goes back out more s flooding has occurred when storm is trapped you can't black it opens 2 in and then gr so it's allowing the lar vacu faster um it's being monitored if we do know of significant storms huran DW officials have to close it and open it this past week There's a session happened and they decided to leave it open for the sake of we know it's going to drain let's keep it open and monitor it right now and we're still monitoring each high this week there was high Lev coal activity and basically they thought that the value of blood train out being held back storm comp the problem that's one decision has to be made we need more research on how cre is going to react uh and we just but we are looking at getting a as I mentioned an inline check on Jones Creek to replace the um the I quite understand how Che would work in that location um but I do think that in the event of a crystal for warning it makes perfect sense to close that tape and there should be a written policy how you're going to address that management you're going to make the decision to leave open and I also would just was there any Grant application used in the construction tap that may have any fces on maintenance no that was done with the bough funds and then the other thing with the am I'll double check it of Jon Creek one of the real key issues with that is sand blowing directly off the beach into the creek to put in the winter as a major source of that and last year there were no snow fences put on the beach first time in the seven years I live right there on Central land and so that was a major source of all that say entering the preek that there were no snow fences and or sand barriers up and they should be put up in a way that not only keeps the sand from going into the streets but directly protects the sand going from the beach the west wind northwest wind com straight across the beach right into the and that is a major source of where that sand came from that there were no snow yeah we could take care of that and I'm just going to confirm that there was no grant funding for that project that was done uh with our um Capital Improvement money um and then my last question is with the gr you mention that there's an environmental assessment well that that's environmental assessment public comment according to Federal rules yeah I think time March a correct enironmental assessment I think you know I have significant concerns with the configuration of that I really believe that cutting off the gra trage and trying to is tremendous detrimental effect on the sand and be pushing sand directly into the channel and contribute to verion of the the beach and The Velo seems undiz Le in the par application have extremely high Velo so better concern configuration of that okay thank you 18 back in June pass away H I came here and we asked to have honor in at Park where I for the first one the pl was I received a message from the [Music] mayor not sure if you notice the put up at the DPW on Tuesday I unun I didn't wasn't there that was on June 13th on July 19 a phone call [Music] saying that the was on so I the police I also messaged the mayor and asked her to call me that the was St 911 I didn't hear back from her until a little while a couple hours later she sent me a message and said that the bir administrator had it removed his many complaints here is his number and his extension I still haven't heard any of complains how many 15 20 I don't know what many means couple hours later the mayor proceeded to send me another [Music] message saying that she was made aware of my son's judgment against him in October of 2018 and ordered the pl to be removed obviously was minister to that order remove mayor had I been honest with her she would have told me the clag was inappropriate so she had it removed she also would think it would be helpful if I removed my post and my petition with an attachment that my son's record is CL of knowledge I know my son's record Club of knowledge I was never asked any questions by anyone about my son's history I gave my son's addiction his disease his mental health no one asked me anything not one of you so for you miss mayor to say if I were to be truthful to you what was I untruthful about if you didn't ask my son loved this town and L that SK for I don't know what these complaints are but if they are about his criminal activity and the Char guilty to then so be it but that person blame five other people that she couldn't name my son Peter was somebody and my voice is going to be heard for my son he had a rough life I found out things later on after his death that he went through that I didn't know about as a parent and I'm very very hurt by everyone especially you mayor by blaming the administrator then saying hours later you took it down you shouldn't have blamed him he shouldn't have gotten W you should have came to me I look like someone's done and that will close public portion executive session executive session will be held following the regular council meeting prior to each executive session the B Council will convene an open session at which time a resolution will be adopted in accordance with njsa 10 col 4-13 no formal action will be taken during the executive session resolution to enter executive session we have resolved that the following portion of this meeting shall not be open to the public it further resolved that private consideration is deemed required and this permit because of the following note exception set forth in the ACT litigation be it further resolve that it is anticipated that the matters to be considered in private may be disclosed to the public at a later date when the need for privacy no longer exists I'll offer I'll second all in favor I thank you excutive session entered at 8:55 Mo to a second faor