##VIDEO ID:dvlUEBxvtak## e e e e e good evening everyone we're GNA get started in accordance with Section Five of the open public meetings act be advised that a notice of this meeting was made by posting on the bulletin board in town hall and forwarding to the officially designated newspapers that this meeting would take place at Town Hall at 7:00 p.m. on Tuesday September 3rd 2024 meeting details and the draft agenda were also posted on our Township website please stand to salute the flag United States America the for it stands one nation indivisible roll call vote Please Mr here M here mayor secondy here Mr ster mayor Romano here I would like to make a motion to revise the agenda to P to poll resolution 24- 210 awarding the professional service contract to mww Second all in favor or is that roll call roll call go with all favor mayor oh no I have roll call okay roll call though please Mr Cohen yes Miss brus yes Deputy Mayor second Mandy yes Mr affera Mayor Ramona yes may I have a motion to approve the agenda so may have a second second all those in favor may have a motion to approve the August 13th 20124 regular Township committee minutes so motion may I have a second second all those in favor I I have a motion to approve the August 13 2024 special Township committee minutes may I have a second second all those in favor hi okay so now we have some uh promotions so we're gonna have Chief Gil feter first evening everyone uh thank everyone for coming for our police promotions tonight I'd like to thank the township committee the mayor and Mr McDonald for allowing us to make these promotions tonight first we're going to have two uh promotions for Sergeant First going to have officer Zan he graduated from Oldbridge High School in 2003 listed in United States Marine Corps in 2003 and served for four years until 2007 one of deployments was the fuah were here in the Combat Action ribbon he attended Union County College from 2008 to 2011 was hired by the Union County Sheriff's Office 2012 and attended the John stamler Police Academy he served as a sheriff's officer until 2014 and was hired by the milour police department 2014 and signed assigned to the Patrol Division officer Z is accompanied by his wife Melanie then we have Lester manag graduated from Cranford High in 2005 after attending one year at uh New Jersey City University Lester enlisted in the New Jersey Army National Guard within the New Jersey National Guard he deployed to New Mexico in the Mexico border to assist with border patrol and operation jumpstart he then deployed to Iraq in 2008 for operation Iraqi Freedom after returning home Lester completed his college education and received his bachelor's degree criminal justice he then moved to Maryland where he began his law enforcement career with Baltimore City Police Department in 2014 he joined Milburn police attending Essex County Police Academy he has been with the Milburn Police Department for 10 years he's a me member of the emergency service unit the honor guard and drone unit he has also served as a field training officer since 2016 and with him tonight is his wife Melody Sons Dominic Zachary parents two sisters brother-in-law and nieces then we have two uh sergeants being promoted to Lieutenant first we have Sergeant Delgado he graduated from Queen of Peace High School in 2001 in 2001 to 2004 attended the Essex County College in 2007 he was hired by the north Police Department as a traffic control officer and then 2008 to 2009 an animal control officer in Montclair uh in 2009 he attended the police academy and was hired by the north police department and then was laid off unfortunately in 2012 he became a patrol officer with the Milbourne Police Department in the Patrol Division to 2015 and then he moved to the detective Bureau and he's our Humane law enforcement officer 2020 to 2024 he became a patrol Sergeant signed to the Patrol Division and he's also part of our candidate investigation unit and internal Affairs unit Burl tonight is his wife Maria children Justin Leanne and Lucas for lieutenant we have Lieutenant uh Kaiser um he's he has uh he resides in Rockway New Jersey graduated from Marcel's high school he attended the County College of mors and Kan University and earned an associates degree in criminal justice he's hired by m Police Department in 2001 as part of a Patrol Division he's a member of the crash investig engaging unit ESU team member instructor for CPR and defibrillator field training officer Firearms instructor promoted sergeant in 2016 assigned to patrol with him today is his sister Jill brother-in-law and niece and we have Lieutenant Del Russo being promoted to Captain Lieutenant Del Russo lives in Mount Olive he's employed with the milour police department for 19 years before becoming a police officer he served in the United States Marine Corps from 2001 to 2009 where he employed to Kuwait and Iraq in support of operation in Dory freedom and Iraqi freedom for his actions in Iraq he was awarded several Awards and medals including the Marine commodation medal after the military he studied sociology and Criminal Justice at senary College during his time with the milour police department he was a patrol officer for approximately five years before being assigned to the detective Bureau for approximately 5 years one of the years he was spent working with the Essex County prosecutor's Viper unit in 2015 he was promoted to the rank of Sergeant and in 2022 he's promoted to the rank of Lieutenant during his career he has served in the detective Bureau Patrol Division as well as the honor guard and emergency service unit as an officer and supervisor Lieutenant D ruso he has his wife Michelle children Maddie Grant Natalie and Juliana and his mother and brothers may have a motion to approve resolution 24-22 which confirms the promotion may I have a second second roll call vote Please Mr Cen yes M brus yes Deputy Mayor Sandy yes Mr Stoler absolutely mayor Romano yes thank you Miss Gotti will now issue the oath of office to the new officials to all the officials Sergeant step forward after me I state your name I do Solly swear do swear I will support the Constitution I will support the Constitution of the United States of the United States and the Constitution and the constitution of the state of New Jersey of the state of New Jersey and I will Faithfully discharge and I will Faithfully discharge the duties of Sergeant the duties of Sergeant of the Milbourne Township Police Department Township Police Department according to the best of my ability according to my best abil so help me God so help me God congratulations two three for the lieutenants would step forward I state your name do Solly swear do solemly swear I will support the Constitution I will support the Constitution of the United States of the United States and the Constitution and the constition of the state of New Jersey of the state of New Jersey and that I will Faithfully discharge will Faithfully discharge the duties of Lieutenant duties of Lieutenant of the murn Township Police Department of the according to the best of my ability according to the best of my ability so help me God help me God congratulations than if you step forward I state your name hi Andrew do solemly swear do solemnly swear I will support the Constitution I will support the Constitution of the United States of the United States and the Constitution and the constitution of the state of New Jersey the state of New Jersey and that I will Faithfully discharge and I will Faithfully discharge the duties of Captain the duties of captain of the milour Township Police Department Township Police Department according to the best of my ability according to the best of my ability help me help me congratulations for okay chief V good evening mayor Romano Deputy Mayor sakami Township committee members Alex Timothy colleagues friends and family congratulations on your well-deserved promotion gentlemen I want to convey our deepest gratitude to the township committee and the community on the behalf of all the members of the bill burn fire department it is my greatest honor and privilege to present the candidate for promotion this evening uh firefighter Kevin Maguire firefighter Kevin Maguire is being promoted to the rank of fire Captain Kevin joined the US Army after training in Fort Knox Kentucky he was stationed with the 1 six infantry in biome holder Germany he deployed to operation Iraqi Freedom with his unit until April of 2003 upon his release from the Army he returned to the states and home and found the home in Steamboat Springs Colorado while enjoying life in the mountains of Colorado skiing and snowboarding he met his wife while he while she was on vacation from New Jersey and that is how he finally ended up calling New Jersey home firefighter Maguire has been leader in every sense of a word dedicated himself to serving his community in various capacities he co-manages the charity essic special skaters with his wife Captain Heidi vanderhof of the West Orange fire department who is here with us today his leadership among his fellow firefighters evident serving as the vice president founder and head of the diversity and inclusion Committee of the New Jersey state fnba As A Firefighter he has been instrumental in teaching fire safety at our our schools becoming a CPR instructor joining the urban search and rescue team and receiving the Milburn fire department lifes saving award after his promotion Captain Maguire will be assigned as a Department training officer may may have a motion to approve resolution 24-23 which confirms the promotion so may I have a second second roll call vote Please Mr Cen yes Miss prus yes Deputy Mayor secondy yes Mr Stoler absolutely May Romano yes thank you Miss GTI will now issue the oath of [Music] office I state your name hi keev Maguire you Solly swear you Solly swear I will support the Constitution I will support the Constitution of the United States of the United States and the Constitution and the constitution of the state of New Jersey of the state of New Jersey and that I will Faithfully discharge and that I will Faithfully discharge the duties of Captain the duties of captain of the Milburn Township Fire Department of the Milburn Township Fire Department according to the best of my ability according to the best of my ability congratulations e let's just give just one final round of applause for the motions for and we'll take a three minute break so those of you that don't wish to stay can leave e e e e e e e e um please re uh provide reports on the Committees that you are a Le on to um M committee you want to start how great is that how great is that that's the best part one of the best parts of this job and all the wonderful residents watching these guys be prage is fantastic and knowing them for so long all right uh pretty brief tonight uh summer doldrums not a lot happening uh special improvement district Town Hall Plaza uh we've completed the summer entertainment season hosted 18 musical performances six business sponsored community events uh including tanino cigars which was a followed by a huge rain um it was crazy um the team's working on additional events through November 4th as we've extended uh the uh timing of that Township closet closing uh and uh September 10th and then the week is off due to uh week is off during September 10th for October Fest uh and then every Saturday night out through November 4th I want to welcome Garden State Dental design also a sponsor of uh the outdoor space fantastic people for all your dental needs uh Boe liaison uh back to school today everybody needs a slow down and make themselves aware of all their surroundings kids running through the streets and having a grand old time but you know we don't want any accidents to happen um update um no real update on the union discussions uh We've currently met with the MAA uh which is the administrators Union last week and be meeting with the mea and mediators soon uh and then the interviews for the superintendent's position are robust uh and they're starting this uh weekend lot of interest other than that joint Fields no new updates emergency dispatch no new updates uh fmac which flood mitigation no no update since the last meeting uh no huge issues with the last few downpours and then affordable housing I'm GNA defer to council that's my report committee M Cen yeah I'll be brief as it's been quiet um just reminding everybody that the AR the arboretums fundraising event will be uh in SE on September 22nd it's the cornhole tournament so uh stop by there'll be it'll be fun even if you're not playing just to watch and and cheer people on um but that's it thank you Deputy Mayor um just one quick report uh the environmental commission wanted me to let everyone know that they are in support of the ordinance on the agenda tonight uh for the the bamboo ordinance so we just wanted that to be known other than that no reports committee wom proas no reports I don't have either e any either I just wanted to comment on the um the kids glow party Sunday night at Town Hall Plaza uh a lot more families than we that than were expected and it was a great event there were a lot of young children there and just uh just to note that the DJ was a nine-year-old from Wyoming School DJ Lu Brock and uh he was absolutely amazing so it was a fun time okay public comment oh I'm sorry we're just rolling um just a few reports uh one is just wanted to remind everybody as I had at the last uh meeting that um psng although they are done in the Washington section and uh and the um in the beach crofs they are going to begin work at the end of September uh in the kyoga tyoga Long Hill uh area of town um I think Communications have already gone out to those residents that are going to be impacted by that similar work uh to replace uh gas infrastructure um cast iron piping with plastic piping um and so uh just to keep an eye out for that uh everything has been restored uh by PSG with the exception of the intersection of Milburn and uh Spring Street as well as Main Street uh that work will uh will be scheduled probably sometime in in mid to late fall and will be done at night um We are continuing our 2024 Road reconstruction projects as well so most of the ones that are in and around the schools uh or that would have been impactful with the opening of school have been completed uh we do have quite a few uh you know inore Hills and uh that that are still being worked on Colonial way um you know featherbed and merrywood and things like that so uh just keep an eye out for that as well and uh you know adhere to the traffic signs and detours uh just wanted to provide an to the township committee that we have started the investigation that was requested and and consented on by the uh by the township committee uh into the court regarding the citizen complaint from um last two years ago uh 2022 into 2023 uh We've engaged um Michael Robertson of a tool and scrio uh he will be produ he will be uh going through that investigation uh in addition signage work um uh we had been requested uh to take a look at signage around the 911 Memorial um particularly uh you know I walked down to the Milburn uh 911 memorial to see with a with a sign designer Signs by linnn uh to look at that and see you know proper location as well as um how that would work uh and and you know uh found it very interesting that you would not know that is there uh if you um walked by it a hundred times uh so this will also give us an opportunity to provide some awareness to that Memorial being in Taylor Park uh in addition we are looking at some other signage throughout the town particularly paper mill signage at the corner of Brookside and uh old short hose road is falling over and uh worn out dilapidated we've also been talking about signage entering into lot seven that so people have an understanding of what parking does take place in the last S as well as what is allowed over the weekends which can be confusing at times uh so uh we're taking a look at a a few different signs but all by uh the same company signs by Lynn who had done our signs previously throughout about the township the ones that you see in front of the police department um and uh fire departments and things like that so I just wanted to provide a quick update on that and I believe that is all I have for now I have a question I should have asked you before but I didn't has there been any progress on on making the draft and news documents available to the public upon upon request uh yes it was my understanding that they they would be providing a um a file uh like a a place where people can go and view them if they want too um if uh I'll follow up with that tomorrow Community M Cen just to make sure but uh it has been communicated and has been um you know we talked about it a couple times uh but they should be they should be uh there should be a location on the website for those that are interested in it to go and find those those documents that are received um but uh but yes that has been discussed Mr thank you mayor um so a fair share housing update um so there were two orders entered by the court uh on July 31st and August 1st the July 31st order ordered the township to enter toi uh development agreement with RPM along with a financial agreement um and the other order um of August 1 ordered us to pay the fees of fair share housing and RPM um the township uh is appealing both those orders um there's a few moving parts to the appeal um the first is we were ordered to do certain things in certain time frames um we like to stay those orders meaning that there'll be no enforcement of those orders pending the Appel division's review um of the Court proceedings um the township is taking the position well as to the stay um we filed a motion uh for stay relief um in the state court which is a requirement before you seek stay relief at the Appel division the Appel division will consider a stay application unless you first uh make that appeal to State Court uh we ask the court to hear that on an exped basis um the court denied that request so we converted that motion into an order show cause um so the court had to hear it on a more expedited basis um we were in court the court denied the application for the stay uh which we assumed the court would have um we then filed our appeal and the appeal process um there's an appeal as of right in New Jersey which is at the conclusion of any case no matter what the case is each party has the right to appeal um there's also something called an interlocutory appeal and what that means is you could appeal issues um throughout the pendency of the case but in order to have that appeal the Appel division has to allow you or Grant you leave to appeal um the township believes given the order of the Court um stripping the township of immunity that offici that basically ended our third round case because our third round petition sought immunity um and the court determined that Milburn has no immunity and there's really no further um action of the court or any other party other than the en forcement of orders um so we believe the township has this appeal as of right um we did file papers in the event that theel division were to find it to be interlocutory um that we should be heard on an interlocutory basis given the impacts uh to the township um and what that basically means is during the pendency of the appeal we don't want to be forced to do anything to the Appel division determines whether or not uh the trial court made the proper uh determination um we filed for emergent relief with the pel division seeking immediate stay of all of the orders um one thing you need to show um there there's there's a few things you need to show but as far as to going on emergent relief you need to show immediate and IR reable harm um the pel division denied our application and that the harm to the township wouldn't be immediate u meaning you know within the next 24 to 72 hours there would be harm to the township um so the so the pal denied the request to be heard on an emergent basis but we did file our motion uh for stay relief um we have to show that the harm to the township would be irreparable meaning you know the harm would go on there would be no way to make the township whole um and obviously taking our DPW removing our DPW site without a place to relocate it would repara harm the residents in Milburn as far as um safety welfare um access emergency services that are provided um we argue that um and also a reparable means that your harm can't be uh you can't be made whole through money um so typically a court will say well you know if you're arguing over money if one person pays the other person or one party pays the other party if it turned out to be wrong the other party just pays the other party back um we're making the argument that Financial harm to the town of Milburn is a reparable because every dollar spent will there's no party to seek uh any any relief from so every dollar spent there's no party to go after so you also believe the financial harm to the township uh is a reparable um you also need to show a likelihood of success in the merits um these papers are filed so they're public um we believe several aspects in which we'll be successful uh in the Appel division um we argue that the judge should have recused herself for the appearance of impropriety um that's based on the comments that she made early on that she had predetermined the case if a judge predetermines the case and we don't have to show impropriety we have to show an appearance of impropriety we believe that we showed that we the judge errored in not recusing herself um we also argue that when townships are making decision uh the court is supposed to give that Township Defence as a municipality as to its judgment um and there's a strong showing in order for someone to find that a Township acted in bad faith um we don't think that the standard was met um and the court applied the proper legal standard and finally the township M acted in bad faith um we also make some contract arguments that we were found to have breach deadlines that were years old and at that point we believe that all parties had agreed to extend deadlines almost indefinitely and that to um arbitrarily enforce deadlines late uh is reversible eror and the court didn't file a basic contract law in New Jersey um we also think there was a reversible error in allowing RPM the developer to participate um in the process when the court ordered that rpm should not have participated we believe that the special Master relied heavily on RPM's report and that was again reversible error um we also make um an argument regarding um when we repealed the Redevelopment um that that land no longer qualifies uh as as a r on its own um and the court can't force us to now redesignate it um so those are some of the arguments we believe we have a highl of success um on those arguments at the Appel Division if if the Appel Court hears it um again first the Appel division has to either determine that we have the right to appeal as of right or if it's interlat that they're going to grant us leave to appeal that motion's also been filed and we're waiting uh to hear back from the Appel division we also have a stay motion if the court allows us to appeal we're asking that everything be stayed pending the Appel Court's appeal um that's pretty much a full update from where we stand in the courts I'm happy to answer any questions from this committee thank you mayor thank you when invited to speak to offer your comments please come to the lecture clearly state your name and whether you are a Milbourne resident Andor property or business owner please do not provide your full address seeing our meetings are recorded and are readily available to the public for the conven convenience of our community there is a remote option if you call and would like to comment please press star six now if you are attending by computer or electri electronic device please click the raise hand button and be sure your video is on when you comment all members of the public wishing to speak will be put into the queue to address the committee to help facilitate an early meeting and to permit all to be heard speakers shall limit their comments to one three minute session you will be prompted when there is 30 seconds remaining a reminder that this is not a time for dialogue or to debate a matter and that this is a time during our business meeting for the public public to offer comments I will now open the public comment period hell Leah Cruz 25 year Short Hills resident um first I want to thank Mr caner for your um advocacy on behalf of the township I think these are really important issues for many many reasons so thank you and um second um with school starting and with all the crazy drivers out there I just want to encourage the township to you put out those um signs that say how fast you're going I live near the middle school and people go really fast between on homeart between old Short Hills Road and the es curves because they're going from the Middle School to the high school and it's really dangerous I'm an adult I could jump out of the way of a car but there's a lot of kids walking around so if we can put some of those speed signs out I think that would be really a good idea thank you thank you Charles banara 27e resident of milour Short Hills uh I have two matters first thing I'd like the publicly ask a question to judge Santa Muro uh being that she hasn't allowed uh Township residents to speak on her own behalf uh she has ordered a cap to be put on the site as mitigation for uh the uh pollutants and poisons that are in the soil my question to her is if she is is willing to inem indemnify Milburn Township and its residents of all future liabilities and uh and uh responsibility for uh any uh pollution uh any personal damage uh or any other actions that may uh emanate from from the cap uh being placed on the polluted site secondly uh totally different subject um uh regarding flood mitigation I I met with a resident of of uh South Mountain Road uh last week uh he called me uh uh through the flood uh mitigation uh advisory committee uh I went and met with him and we walked around his neighborhood uh I did notice that the uh top of South Mountain Road is coincident with the low Point uh on Milburn Avenue so any natural drainage that comes down that does not find its way into storm drains it's going to wash down South Mountain Road the residents of South Mountain Road have some of them have installed dry Wells for their some pumps uh the particular gentleman I spoke to was a five-year resident so he's not grandfather with being able to discharge a su pump to the to the curb and to the uh uh to the street so he would have to put in a uh a sister and and handle uh that water on his own property I I my question is is the lot size uh is is there uh in the ordinance uh requiring residents to put onsite storage is the district taken into account such that lot size and plot size uh uh compensates for uh maybe the the residents cannot fit or excavate to put uh a sistone on their site but the big thing is that hydraulically those devices will not work on that street because it a storm the table's too high so the sister fills up and then the ba basement flood so um my question is U to to the township is can you consider allowing residents in certain districts South Mountain being the one one of them to discharge their uh dry Wells and some pumps to the street uh as a short-term solution we could put more thank you they can okay I'm not sure this resident knows that okay no I don't know if they can just we'll have to okay if you can ask thank thank you I know I'm open um good evening my name is Jeffrey phel longterm resident located in the poet section today represents like my fourth anniversary of my regular appearances before this body where I started advocating when I first showed up on September 1st 2020 about in enhanced transparency accountability and hearing to the rule of law and robust inform of participation I would like to um start with some comments on the reports Alex you mentioned about the 911 more inclusive language but you mentioned only Taylor bark would that kind of plaque we also be at the Crescent at that Memorial um as to I attended the hearing I've been trying to review some of the appella filings and I would just like some more clarification we heard about two orders being appealed that being July 31st and the August 1st was the is there going to be an appeal of the denial that occurred on I guess August 26 last Monday where there and one of the things about transparency the public has problems monitoring appell cases it's not like in trial courts you have difficulties getting into the docket you're not and we talked about U if we can see like a a public file of all the police being filed in the Appel like such as if there is now an amended um appeal we heard about motions that I have not seen because the Motions are occurred um before this day um just to know and we can see what RPMs and fair share housings respones as their position whether it's a final interlat order I think that's in just in the spirit of transparency as to the Bist um we're talking about flukes in history was interesting that there's a reference of Marvin T Baker breaker being paid as a visiting judge and it's partly because of Marvin T breaker when he was the municipal attorney of orange that triggered my Endeavor to learn Municipal law and to learn P about Pilots um and I also I always raise the questions about who screens and monitors the work of our professionals um we heard that a professional has been retained to do the investigation but it's not been been approved by a resolu official resolution I don't know if that's proper but I'll I leave that to you um I look forward for him because I think he has to about this investigation he has to speak to me um as to two of the Motions where you retain persons where you have like a proposal please attach them in the future so we know what the scope of the services are because one of them you pulled today we don't know why and we don't I really don't know what the scope of that Services was as to I'm all in favor of the 250th anniversary celebration but I'm concerned that some of the Committees will be usurper by local political purposes it should be not far thank you hi Diane Eglo lifel resident so everyone's got their things that bother them in town and I think what really bothers me is really the state of how downtown looks right now the most attractive building in the whole town is the parking garage which is you know it's sad the storekeepers don't have to plant beautiful flower boxes maybe that should be an ordinance the um condition of Taylor Park is still really Dreadful I was walking with my husband the other night the pond is filling up with someone tell me the word utri fication so you spent all that money we spent all that time trying to get permission from the EPA to dredge it and now it's all filling up with garbage again and I don't mean trash garbage I mean weeds if you look down from the deli where it comes down the pond that's all filled with overhanging I don't know why DPW is not cleaning that up it's just the pond is not going to be a pond much longer um again the oh back to what Leah said the stop signs in South Mountain section they're useless nobody stops my neighbors don't stop at the four-way stop sign Alex I've asked you before I don't know why we can't do it I think they should have the little red blinking signs around the stop sign at Whittingham and Ridgewood because nobody stops at the stop signs it's very dangerous and it's just perplexing um again there's no trees downtown I was walking downtown and in front of Footers I think there's two empty squares where the trees if Tom Dodie and his new Forester can't find a place there's two empty spots right there to start so I think it's just really sad to see Milburn looking so unattractive when somebody in town just got 7 million to make their property look beautiful and they're here tonight congratulations again Mr stops but Milburn really could use a facelift and there's money in the budget to do that so I implore you to think about that thank you thank you uh Richard cybert resident hello everyone again I want to thank you attorney caner for fighting for the residents of this town and the committee members supporting you in your endeavors so there was a comment I read today that's been interesting it says this the state of New Jersey or any state should not be mandating anything including what type of housing to build affordable housing helps a handful of renters and a lot of corporate Builders but ultimately puts a strain on the taxpayers in many many ways including overburdening the schools lowering property values it seems completely unconstitutional the home and business owners need to abandon political correctness and speak up and fight for their accounts and I believe that's what you're doing and I want to say thank you and hopefully everybody works as a team on this period thank you I promise you we didn't discuss this ahead of time it must be in the air so last week the Wall Street Journal had an editorial that says if you like your town can you keep it think about that if you like your town can you keep it it's basically politically driven article but it is saying that development Advocates um conflate severe shortages in major cities uh housing shortages but I would argue that states also conflate uh severe shortages around our state that we don't have enough housing I just don't think that that's quite accurate so that's one thing and the other thing I thought I'd share is um what's going on in West Orange some of you may know but um West Orange through its zoning and planning boards at Town Council is currently pursuing a spasm of construction I didn't write that this is a different writer but um apartment complexes Assisted Living centers are being built or proposed in environmentally sensitive areas so they they're going Way Beyond you know we're concerned because of a segregated housing project which you're so being so helpful and everyone's supporting this it really makes me feel good to know you're all behind this but what's it risk now in West oranges a project called the West Essex Highlands which is a mega development of 496 apartments in a Woodlands it's the last concentrated Woodland area in West Orange that hasn't been developed so um basically whether or not the developer is going to get his way and take and be able to build 496 units in West orang they're already building um uh a lot of other projects in West Orange but of course we're the only ones who are being asked to do 100% segregated but if they do build this 5,830 trees will be have to be cut down in that Woodland 5,830 trees and that that anyone would think that's okay that's the mindset of the developers it's business they don't care about all those trees they want to follow Mr T remember that when he cut down all his trees you're probably all too young for that anyway um that's what I want to do I'm trying to speak up for the trees thank you thank you anyone before we go online hi everyone shuk shels um first of all I I see a great commod so thanks you know all of you and and doing all the work together especially in the TC um I had just few concerns on the crime I see an increase in the crime especially in the Deerfield section in along the Wester Road I think it doesn't have the enough lighting uh there were couple of break-ins in the last month and also the packages were stolen in the West View Road so you know I would ask if you can have more police presence especially in the nighttime police patrolling 11 point section now I can see the lot of police patrolling in the night which is which is really amazing so if you can have the same in that West few Road specifically in the Deerfield section it actually it's it's basically right cuts into the White todge Road so it's an easy access you know anybody who wants to do a Breakin that can go in and out um let's see what else yeah converting Town Hall Plaza into pest mall was was really amazing and my friends and everybody were telling it was and I also visited not a lot because you know I had to do a lot of work um for my kids and all that stuff my family going on but it was refreshing and I really appreciate that one thing for J Park I noticed since um I volunteered there for for some kids activity and the tennis listens that goes in there is just one bench in the whole of tennis all the tennis courts and that bench is broken um it has Nails also coming out of it so if somebody can look at it and fix it uh that would be great um and just one thing if you got any update from affordable housing for affordable housing especially after our show cause was also dismissed all right thanks thank you anyone else let's go to l could evening okay put your C up go thank you thank you Tom hildner long-term residence I have some questions regarding uh the affordable housing case I'm a little confused from the first discussion what the procedure World situation is I know we're appealing at least two orders I know that there was a motion for a stay in the trial court which was denied um it's my understanding that from what the attorney said that um there is a motion now in front of the appell division for a stay and that has not been ruled upon um I would think and that at the same time we would ask that in if if that's not going to be granted and and my own suspicion is it will not that we should be asking for an accelerated repe uh appeal and I don't know whether that's been done or not so I'm a little confused as to the procedural uh standing if we have a final order then we have an absolute right to appeal and now the jurisdiction is in the hands of the Appel Division I think and I don't know whether it's posted but the April 9th 2024 order of Judge sanoto should be posted in the township um website because it sets forth all of the obligations that we agreed upon and the various deadlines that were not met before we determined on February of 2024 that nine main street was no longer no longer presented a realistic opportunity I think that statement of reasons which runs several pages will give people a real idea of what's going on here where she was coming from what's the basis of her decision not deciding whether she thinks it's a good idea that we have this project or not which we all oppose but gives it and I think it helps understand what's going on here what she did do is appoint in in her April 9th order I mean uh April 9th order the special Master to identify any realistic sites which Milburn was then required to utilize to meet the 75 unit obligation represented by nine Main Street and that's uh what he was done it seems to me that an argument can be made that those deadlines then uh are really not what's relevant but is what Mr banish has to say Mr banish wrot received input from us received input from the other parties and he came to the conclusion that nine main street was the most suitable but as I read the orders the judge although came to you know what is ordering us to proceed never really adopted his report not specifically in any event but more to the point we submitted expert reports opposing that point of view he uh the our the our opposition uh submitted expert reports supporting that point of view he came down on the side of N9 Main Street but to me that means there's a distinct factual issues that had to be determined here and I would think that we thank you I'm sorry your time's up thank you good evening good evening uh can you see can you just put your camera on please Mr kers thank you okay you got it yep okay uh good evening uh Phil kersch Milburn resident um first I have a question um while we're engaged in finding an alternative to the nine Main Street proposal I'm wondering if we have a contingency for the DPW and recycling in case in the end we are forced to build nine main street at minimum the gas pumps for the DPW Fleet and the sand storage structure have to be moved and of course we will need another site for recycling unless our citizens are going to lose that service so what if any contingency plans do we have next I do want to comment on some things that were said regarding affordable housing and public comment at the end of last meeting first history does matter raise your hand if you were here 10 years ago when I asked mayor tilletson yes that far back if Milbourne had any plans to make a settlement with the court on affordable housing so that we can control our future I did not receive an answer and apparently neither I nor other residents did enough to press the issue because unlike what another Resident stated at the last meeting you don't wait for developers to come to you to fulfill a responsibility a legal one at that you do what you need to follow those regulations and protect your town in some ways the opposition to the previous TC's agreement has been a temper tantrum and that it was car characterized by Angry one-sided arguments and exaggeration nine main street if built would not be some Poor People's Village subject to scorn and alienation but the affordable housing for working people who could not otherwise be able to take advantage of our Town's offerings and accept an acceptance of the residents would be no problem if we are the people we say we are the Alternatives proposed are not ideal either as they compromise both Library use and all day transit parking as well as traffic in the area so as we pursue our legal options I think we should try to be evenhanded and I agree with the opinion that we should do it with open eyes so that our Pursuit does not become quick sotic instead of heroic thank you thank you good evening good evening Perry erso um Short Hills um in review of the township attorney caner time summaries which were submitted on July 2nd 2024 they reflect buildings for the bear property versus Milbourne Township uh litigation ation invoice number 19500 Services through May 31st it lists charges for mediation so please correct me to my knowledge May 7th was a scheduled court ordered conference between both attorneys to discuss the status of the litigation attorney caner two Associates from his firm Township representative and plaintiff attorney Mr Jeff Feld were all present to my knowledge I was told that there were no courta appointed designated mediator nor an agreed third-party present which procedurally could be uh would have been correct so to my understanding it was not a court-ordered mediation it was a conference and during that conference it was presented by the plaintiff's attorney a settlement offer which was declined in writing by the defendant's township Council Mr caner so I would ask when it was decided between May 7th conference and the May 13th refusal correspondence did the township decline the settlement offer why would this body continue to litigate and defend an issue that prior elective officials current elected officials conceding that the dmda required separate boundaries and separate Management Corp it was well before my time but unfortunately I know far too much about the dmda and Aid now I refer you to the following TC meetings May 15 2028 November 20th I'm I'm sorry 2018 November 20th 2018 and since July 14th 2020 December 19th 2020 23 we're both and also we're both committ woman puus and our ba agreed that there were some issues and concerns with the current Sid additionally April 18th the Sid director uh stated during the explore meeting that there was not enough foot traffic up on upper milbon Avenue so he doesn't want to waste taxpayers dollars and lastly at one of our recent 2024 TC meetings unfortunately I don't have that exact date both committee woman puus and Deputy Mayor put a motion on the table to reexamine the Sid it was unfortunately denied by the major aity all of which can be seen on YouTube unfortunately the minutes do not reflect actual statements please remember you are fed Diaries of the public trust how much money of trust fund monies are you willing to authorize to defend this case you know and should know that prior thank you thank you misso thank you good evening everyone uh Jerry Kung Short Hills resident I just wanted to have a brief reply to Mr kersh's comments from just now um he said that he was here 10 years ago um asking mayor Tillson uh a question interestingly enough uh by my accounting 10 years ago would have been 2014 um and on Fair Share housing Center's own website it says in 2015 just over 15 years since Co became defunct that New Jersey Supreme Court ruled in favor of fair share and transition the enforcement of the Mount Laurel Doctrine back to the trial court system so if Phil kers was in 2014 asking Mr Tillson why the town wouldn't settle maybe he had some sort of crystal ball uh whereby he was able to foresee into the future that the court would make some sort of ruling about a year after his conversation to settle with a party that then at that point in time when he was making the inquiry was not actually in charge of settling with anyone um so you know maybe he misspoke and he met nine years uh but you know we should be very careful in speaking precisely when we want to make points related to the history of affordable housing um and just another point that Mr kers made which was why the town doesn't have a contingency for where the DPW operations to go it's my understanding that there is no place for the DPW operations go that's precisely why there would be irreparable harm to the Township in taking the DPW site thank you thank you I will now close public comment uh any com before you open up the committee I would just ask the committee um not to respond to the to contingency plans related to the DPW is highly relevant to litigation um I'm sorry I'm just asking the committee not to respond to the question regarding contingency plans to the DPW and that should not infer that there is a contingency plan I'm not saying that there is or is not but I would just ask that we defer given the litigation and the issues surrounding it that we don't respond to that one particular question thank you um I just want to say something real quick uh just about some public comments that were made um I think our town right now looks beautiful including our downtown I think the entire stretch of Milbourne Avenue looks really nice right now and um just wanted to share that okay thank you um and also is there an increase in I I can't I mean I can't verify F I just want to make sure okay um Deputy B you wantan to go first sure um so uh Miss Cruz um I like your idea of putting out the radar signs um I don't know if our town has any temporary signs I know some towns have mobile like radar you know this is your speed slow down um if we have those maybe we could strategic deploy those near the schools for the next few weeks um and uh if there's certain areas that uh we feel are going to need a constant reminder then maybe we should look into putting some permanent signage there U but I think that's a good idea uh Mr Bamba um I I have heard similar complaints from residents uh of South Mountain uh specifically to the the street that you were speaking about um you know those that do have dry Wells they seem to fill up and you know the water has nowhere to go because the water table there is so high um so it would be interesting to know if there's something we could do with regards to allowing residence to discharge the Sun Pumps uh into the street however you know we'd also want to take into consideration whether that would cause any Downstream impact and make flooding worse so um perhaps that's something that the flood mitigation committee could look into and then make a formal uh recommendation to the township committee um let's see here uh Miss Eglo um I hear what your concerns are about the stop signs in South Mountain um perhaps uh you know if we do that townwide traffic study that I've been calling for for quite some time now um then we could get some more data and figure out whether we need a light there or maybe one of those flashing red lights which are tantum out to a stop sign but they're a little bit more in your face so maybe there's something we can do there um let's see here uh Miss goell um with regards to Crime um you know it's definitely an ongoing problem that we're facing along with many other towns I will say I'm pleasantly surprised I I thought this summer was going to be a lot worse in terms of break-ins and I think that uh some of the changes that our police department has made have uh paid off their increased patrols uh because you know while while there weren't zero incidents over the summer it was it was better than I expected uh and while there's always room for improvement I do think we should give credit where credits due and I think we're moving in the right direction um not to say more can't be done but I do think we're moving in the right direction and uh certainly the um benches in Taylor Park if there's Nails coming out of them have the DPW go and expect them and take care of that um sounds like that could potentially be a hazard um so um Alex maybe you could uh have that looked into um Mr kersch um so it's my understanding that the affordable housing laws in the state of New Jersey um specifically do not require municipalities to have to spend money to proactively build affordable housing municipalities can choose as part of a settlement agreement to spend their own money to proactively build affordable housing and some municipalities choose to do that in order to get more favorable uh zoning terms or you know more favorable immunity agreement um but it's my understanding and will certainly allow Mr caner to correct me if I'm wrong that legally towns are not obligated to produce the affordable housing what they have to do is produce opportunities for the creation of affordable housing so what that means is have zoning policies in place that would allow developers to come in U purchase land and you know build affordable housing uh you know often times that's in addition uh to to market rate units but again it's it's my understanding that you know towns aren't required to build that housing proactively and I I think it's kind of unfair to suggest that that we should do that um you know if the state wanted all the towns to build affordable housing proactively then maybe the state should fund that uh on on their own because I think it's a lot to ask towns to reach into their own Pockets to you know over overdevelop their towns and um I also want to point out so Mr cyber I think you may have misunderstood what we're trying to do here what we're trying to do here is not suppress affordable housing what we're trying to do here is build affordable housing and a responsible and inclusive manner again I want everyone to understand that on this day we are in favor of affordable housing but we're in favor of affordable housing done correctly and done in a manner that doesn't segregate and harm those individuals it's supposed to benefit affordable housing should lift up all of the residents that live in the affordable housing and the way to do that is to have integrated housing where you have a mix of market rate perhaps Workforce housing which is something new and affordable units that is how you have successful affordable housing um so that's what we are advocating for and that is what the alternative proposal we put forth does um so we will continue to to fight to try and uh get the courts uh and the developers to understand that there is a better way to do this and it would certainly be done more quickly um and I'm going to I'm going to heed uh our attorney's advice with regards to the PW questions um that's all I have thank you committee will approve this I have no coms committee M sure and uh Frank eloquently put um I agree 100% it's a mischaracterization and misinformation that Mr kers says that we don't support affordable housing we all have support affordable housing done in a a sensible manner both from an infrastructure School Financial etc etc so I I want to correct that for the record and and Frank did a great job of explaining why um couple points here uh completely agree about the uh signs in uh South Mountain uh they need to be looked at there's some signs the one that was discussed where it's just a free-for-all people can't see that stop sign it should be blinking I was teaching my son to drive and he blew that sign in two seconds and until I screamed at him so I think that really need to be looked at just from you know standpoint there uh and the traffic study needs to be done um Charles B 100% agree on the and we should look at that from the fmac and what we can do to kind of alleviate some of the concerns about the dry Wells and the ssts overflowing it doesn't seem too far out of hand to be able to let him go into the public drainage system uh if it is a sment issue so maybe we'll take a little sidebar on that and and go from there um Miss ELO uh once again I think downtown's never been greater to to Second the mayor uh the Township Plaza was a overwhelming success uh where the Envy of a lot of the surrounding towns uh I don't find it blighted uh at all I think it's a you know and to put that forth is is a little disingenuous um and also too I'd like to to compliment the police force for what they've been doing uh we are the Envy of the surrounding towns in that matter as well I was at a function uh a couple weekends ago with a lot of other officials from other towns count committee members Etc uh and their crime had elevated uh so big thank you to the police officers um what else I have that sums it up thank you very much committee M yeah I'll leave the affordable housing questions to uh to our attorney I will say that the stop sign issue is not just a South Mountain issue it's a townwide issue I certainly support the traffic study but I can tell you that in the Glenwood area um people rushing to the train in the morning find that the stop sign that leads you into chadam road is optional um Hobart and Highland the four-way stop sign nobody knows what the hell to do there so I mean there's certainly room for improvement throughout the town Mr Mel sure um just a a few few comments um regarding speed signs uh certainly um no issue in uh taking a look at where temporary speed signs and and uh this is your speed can be set up just a reminder that uh last year we had purchased five additional stationary permanent speed signs and speed indicators to place in and around um uh higher traffic areas and closer to schools Hobart being one of them um there's one on Milburn Avenue uh and there there's one on Great Hills so they're they're they're out there and they're there to to give people their speed indication but we can also uh put temporary ones out as well um when it comes to stock signs when it comes to speed um you know we go through this every fall we talk about this every fall um this is a behavioral issue of those who drive here and and who live here and needs to continue to be reinforced both by all of us but also by the police department that you know regardless of whether you're a resident if you're not going to stop at the stop signs uh that you will be ticketed for uh that much like stopping for people in crosswalks I always remind people that we did a did a cops in a crosswalk uh one year uh in town in four different locations and we stopped 360 people for not stopping for people in crosswalks um so it is um it is common I agree um but one of the things that I've always been cautious of is that putting up blinking stop signs in people's neighborhoods is not necessarily um always what is wanted it may be wanted by those who feel like people are Vo through those stop signs but um those people who live there those people who are impacted by that every day in their Community it may not be what they want so um you have to be judicious about what when you do that uh in particular Highland and and Hobart is one of those locations that we did do that um because of the uh how highly trafficked it is that goes uh with saying that Bridgewood and Whittingham may be a good candidate for that but I don't know that I'd put them deeper into neighborhoods um so uh something that we can take a look at um as far as the discussion about South Mountain road again just want to be cautious about allowing people on a particular road to discharge into the street when there's an ordinance that says that if you are going to uh have a sum pump that it should be connected to the storm sewer system um and uh certainly not the sanitary sewer system but also the storm sewer system there are some that are already grandfathered in and have pipes that are discharged to the street um but much like anything and what we've experienced over the last two months and and I can tell you amount of complaints that we've got from people that we've never gotten complaints about when it comes to rain and and what happens during rain storms and it's not those people that are in those areas that we as a as a community know as flooding areas but people in random spots is because we've gotten a lot of rain uh July we had an immense amount of rain and people had issues that don't normally have issues and that's not always necessarily because there's a flooding issue or or a consistent problem is that hey we got we got four or five inches of rain in two hours or three hours and that's going to have an impact no matter what or no matter how you slice it um so I just want to be cautious about you know identifying something that you know um may be just a a a uh a an issue with what we experienced and not necessarily A overall issue um the and and just as far as the park goes and and the benches you know certainly um we will take a look but I just always encourage people um that you know if you see something like that put it in through the sdl portal it's you know report a concern on the Township's website that helps us um get it to the right people people will take you know the the staff will take a look at it um we review and every every week in an admin meeting all those sdl complaints and make sure that they're being addressed um so um I just ask that you use that um that's a way to make sure that they're done um you know as quickly and as efficiently as possible thank you mayor um I'd like to thank the residents uh for the compliments but all the praise really goes to this committee um they really uh have just such a strong commitment to its residents uh to its affordable housing commitment and to do it right and properly for the residents and the potential new residents so um you know we really have a great T committee who's continuously looking out uh for its residents um I gave a pretty full recitation of the procedural history of Fair Share housing um I think Mr Fel asked a question regarding the order show cause whether we were appealing that um the relief saw in that order show cause an identical motion was filed uh today for stay relief seeking that same relief so we won't be appealing it it's kind of a parallel thing first you seek to stay Rel the tri court and then you move on uh to the Appel division of note though we did make note that um and you were there that uh the court reached out directly to the P division um and not only the court um but the judge herself reached out directly to the pel division um we believe that that is a further showing of an appearance of impropriety um so we did add that uh to our papers um other than that unless this committee wants me to address any questions raised I think I gave a pretty full recitation of the procedural history and where we stand on F assing but I'm happy to answer any other further questions thank you the township committee will now consider consent agenda resolutions are there any comments from the committee and regard to any items listed on the consent agenda may I have a motion to approve resolution 24-204 through resolution 24209 which are listed on the consent agenda so may I have a second second roll call vote Please Mr Cohen yes missus yes Deputy Mayor Sandy yes Mr stera Mayor Romano yes okay resolutions um so just note resolution 24- 210 was pulled from the agenda and will not be considered consider tonight are there any comments from the committee in regard to resolution 24-21 may I have a motion to approve resolution 24-21 some may I have a second second roll call vote Please Mr Cohen yes M pus yes Deputy Mayor second Mandy yes Mr Stoler affirmative mayor R yes are there any comments from the committee in regard to resolution 24- 212 May a motion to approve resolution 24- 212 sove may I have a second second roll call V please Mr Cen yes mrus yes Deputy Mayor second Mandy yes Mr Stoler mayor Romano yes okay committee woman prus you are scheduled to sponsor ordinance 2686 d24 i' would like to present an 864 an ordinance to add to article 10-6 amending and supplementing chapter 10 Property Maintenance the rise General ordinance of the C purpose of this ordinance is to prohibit any planting spread or impact bamboo and other noxious weeds in the Township in particular bamboo can be damaging and impactful to neighboring properties and these types of plantings will Pro uh be prohibited after the effective date of this ordinance in addition the ordinance will address impact acts to neighboring properties from bamboo that has already been planted or established prior to the effective date of this ordinance signs will be imposed for property owners that plant bamboo or noxious weeds or allow established planting to impact neighboring properties without proper abidance I move that this ordinance be taken up and passed on first reading and that the township cler be authorized to have the ordinance publish in accordance with the law in the item and for hearing and final passage on Tuesday October 1st 2024 I have a second second roll call vote Please Mr Cohen yes M pus yes Deputy Mayor Sandy yes Mr Stoler mayor Romo yes Deputy Mayor secend you are scheduled to sponsor ordinance 2687 d24 I would like to present an ordinance entitled ordinance 2687 d24 ordinance amending and supplementing the township of Milbourne development regulations and zoning ordinance um perhaps Mr McDonald give a brief explanation this yeah um this um this this ordinance uh is being amended to uh establish a member of the environmental commission to sit on the development Review Committee um and make sure that they're invited to those meetings and able to review uh land use applications that are put before the DRC they're currently in the ordinance but as sort of a supplementary or a uh in case you need um uh group uh this will make them a a permanent fixture of the development Review Committee excellent I move that this ordinance be taken up and passed on first reading and that the Township Clerk be authorized to have the ordinance published in accordance with law in the item and for hearing and final passage on Tuesday October 1st 20124 May I have a second second roll call vote Please Mr Cohen yes Miss puus yes yes Deputy Mayor secondy yes Mr ster mayor Romano yes I would like to present an ordinance entitled ordinance 2688-20 col 67-1 16.9 in the township of Milburn County of Essex New Jersey so this is to um extend the closure till November I move that this ordinance be taken up and pass on Final reading and at the Township Clerk be authorized to have the ordinance published in accordance with law in the item and for hearing and final passage on Tuesday September 17th 2024 may I have a second second roll call vote Please Mr Cohen yes Miss puus yes Deputy Mayor second Mandy yes Mr Stoler mayor Romano yes committee M Stoler you are scheduled to sponsor ordinance 2689 d24 thank you I would like to present an ordinance entitled ordinance 2689 d24 ordinance creating a temporary open container area this is the uh ability to Bob in the uh Township Plaza it's been a fantastic success all summer uh people like to enjoy a nice glass of wine or a beer with their watching the musical performances any questions I move that this ordinance be taken up and pass on first reading and at the Township Clerk be authorized to have the ordinance published in accordance with law and the item and for hearing and final passage on Tuesday September 17th 2024 may I have a second second roll call vote Please Mr Cohen yes M purus yes Deputy Mayor Sandy yes Mr St mayor Romano yes committee M your scheduled to sponsor ordinance 26724 sure I present for consideration an ordinance entitled ordinance 2670 d24 an ordinance of the township of Milburn County of Essex authorizing the township of Milburn to execute a memorandum of understanding with paper M Playhouse 420 Brookside Drive mil bur New Jersey 07041 tonight is the time to set for public hearing and final passage as avertised in accordance with law I declare the hearing open I'm Jeffrey Feld long time resident located the poet section um sequentially as I wrote a letter to you before earlier uh the question is sequentially should the first resolution go first where you buy the property because right now you're approving a lease for a property You Don't Own in addition what we're talking about this is a lease for um lot 15 parking lot if you look at the the compensation that we're receiving I think it's like 30 years you know times it's less than what the purchase price is for that lot I don't know if you can do that this goes back to my original question when you approve the bond whether the State Constitution prohibits you to giving a windfall that you're buying a piece of property that supposed to be really a non-recourse obligation which would be consistent of the original lease agreement plus the terms of this lease differ from the original lease Now where's the obligations of Maintenance you know and all the other covenants that we have in the original lease um so besides the sequence the question is the compensation this also goes back to the original Bond ordinance that you approved at the time it was a really a conditional approval because you didn't approve the sale you didn't have an appraisal and the question is what is this transaction because what came out in Bas of documents I gave to you in the last couple days is the planners report and what came out know since you know the time you approv the bond is that the expansion of the carriage hat I think you have people have to understand there's a lot more issues going in here Milburn and paper mill have a landmark tax case about how you present your Zeus use in the last couple years I think July in 2020 there was a case regarding Kyan University about the restaurant and the restaurant was taxable the question is everyone's trying to maintain the tax exempt Services everyone understands about the theater a restaurant is not a theater the question is does that impact the tax exemption status and we taxpayers are we entitled to a better share of the things and I know Mr Cancer's law firms well aware of pilots and these type of cases because you're Council to Union and Livingston with the hospitals that we have to be very careful it's one thing to say the revenues of the theater which we all recall as being a not for-profit entity but is a restaurant a not for-profit entity and is a parking lot revenues is that a not for-profit entities thank you good evening Dave kgra resident um I had made comments on the um on this particular piece earlier there's a typo relating to American Arbitration Association it should be um and the other thing I'd urge you to do again a comment I made once before is the indemnity provisions and the maintenance Provisions in this agreement for the one parking lot should be identical to the main lease the whoever drafted the main lease did a wonderful job with with the indemnity um maintenance etc etc but now you're going to have two different agreements one is very thorough and protects the Town the original one at least and you got this one that doesn't do a very good job thank you thank you you have to finish okay do is there a discussion or I move that this public hearing be closed the ordinance be adopted on Final reading at the Township Clerk be directed to published ordinance by title and passed on Final reading in accordance with law may have a second second roll call vote Please Mr Cohen yes Miss pus yes Deputy Mayor second Mandy no Mr Stoler yes mayor Romano yes thank you committee women prus you are scheduled to sponsor ordinance 2685 d24 I present for consideration and ordinance entitled ordinance number 68524 an ordinance of the township of Milbourne County of Essex authorizing the township of Milbourne to execute an agreement for purchase and sale of property with paper mill Playhouse for 20 Brookside Drive mbour New Jersey 07041 tonight is the time set for public Hearing in final passage as advertised in accordance with law I declare the hearing open all due respect I just had to create a record I just have to put some comments on the record I incorporate by reference the emails I sent to you earlier I also think that what should been attached here was the appraisal that you're using to support it and how you got to a $1.8 million price the question is there's an issue whether we are paying them a premium for this acquisition is also ties into the issues I raised before about the tax exempt status and why we are expanding this is the piece I never really understood because when we when this process began for Citizens like last November and last December when paper mill came to us before and the process began saying forget about uh give us forgiveness of the original loan then about the new monies it was really never really mentioned at the beginning about the expansion of the restaurant and I don't understand and everyone's saying we need to do the project to expand the theater everyone says that to help downtown businesses you all agree on that what does the expansion of a restaurant how does that help downtown businesses and that answerers never happened and one issue that's never really been answered historically who authorized the escrow of the monies remember there was rent coming in then all was put in escro what was told to people in 2008 residents this was going to be a non-recourse loan they pay the amount of money to pay the debt and they have the option of purchasing it's interesting they don't have that option to purchase the the Ping lot I mean I don't think people looked at how each deals were because the original lease was a sale lease back of transaction where there's an option after a certain period of time for Paper Mill to buy back the that original properties they do not have the option to buy back the par M I want say we are negotiating a form lease with paper mill um that and if you look at the memorandum of understanding it says eventually enter into a formal agreement but the plan is that although they may not be specifically tied together across reference that there will be a lease and the contract be negotiated simultaneously um so so so there will be a there there will there is formal leas negotiations going on procedurally it should all be conforming based on on our expectations correct so some of the weaknesses some of the weaknesses identified in this memor understanding certainly be identified in the leas and just for the record too we're paying what the paper mill has into that blocking property we're now G to have five plus contiguous acres of land downtown Milburn within shouting distance of the train station originally purchased in 2008 just as a layman in real estate not really knowing that much but sure you guys can follow along any real estate bought in 2008 is either tripled or doubled or quadrupled in the last uh some odd 16 17 years so uh giving a preferential piece of land as a blocking position if we ever did want to monetize that land seems incomprehensible to me from a business person legally I've been told we're doing this by the book procedurally Thank you um just going to put on the record I agree with a lot of the concerns many of you have brought up about this do not support this I think it is a irresponsible use of taxpayer dollars and uh I will vote accordingly right I move that the public hearing be closed and the ordinance be adopted on Final reading the town clerk directed to publish the ordinance by title as passed on Final reading in accordance with law may I have a second second roll call vote Please Mr Collin yes Miss pus yes deputy mayor sendi no Mr Stoler affirmative mayor Romano yes okay we have no matters of old business uh new business uh Deputy Mayor Sanda you wanted to have a discussion on affordable housing regulations yes thank you um so now I was thinking we're a town that's actually committed to building affordable housing and one of the main ways that affordable housing get built in towns is for developers to come in and actually build the affordable housing and often times what they do is they'll build 80% market rate units 20% affordable and this is sort of been the de facto standard throughout the state however it's my understanding there's no reason that our town can't unilaterally increase that requirement by ordinance um so that you know instead of 20% affordable set aside maybe it's more maybe it's 25 maybe it's 30 whatever it may be I would make the argument that in our town because the units that are for rent rent for such high prices compared to other towns the developers could actually still profit if they had a higher percentage of affordable units required they would still be able to come and develop they still make healthy profits uh I see no reason why you know when you have rents that are fraction for market rate units that are a fraction of what they are in Milburn in some other towns where they're building you know hundreds of units if that's the case if those are profitable then why can't developers do that here so my suggestion is that we increase the set aside uh required for new uh multi multif family or or or rental highdensity rental units uh Beyond 20% I think it will also help produce more affordable housing in our town more quickly uh because it seems like develop velers want to want to develop and that's fine I just think they should be doing more of their fair share uh to help our our town with it's affordable housing requirements is this something that we want to um discuss further well I think we're doing it right now we're doing 100% affordable housing that's what's proposed so uh 20 to 33% uh and the prior TC members voted for the 100% uh so understanding the compliance with State House obligations with our legal obligations uh the increased affordability availability is a good thing I just think we need to understand as well the uh the development cost as a town in totality and make sure we see all different pieces but um all four looking at that and and understanding what that produ potential reduction in new developments by increasing the availability to Affordable seems Seems fun I I think personally I think that there's a glut of market rate units in this immediate area and from what I understand the Upton has uh many vacancies that they can't fill and we have seen no construction on on the Annie say development or the Woodland Road all they've done is knock down the last building over there I think to lower their property tax since there's nothing at all there now it's a bigger empty lot and and furthermore you know for the for what they're building to have only gotten 12 affordable units out of it is uh is just wrong so you know I think it's something as long as I had always thought that the 8020 was a a new New Jersey state requirement but learning that that's not the case you know I think it's something we should definitely look into Comm purose I think we can okay good public comment period is to allow for final comments from the community when invited to speak to offer your comments please come to the lecture and clearly state your name whether you are a Milbourne resident Andor property or business owner please do not provide your full address seeing our meetings are recorded and are readily available to the public a reminder in order to keep uh to help facilitate an orderly meeting and to permit all to be heard speakers shall limit their comments to one three minute session we will begin uh Debbie Frank murn resident at the last meeting I made a statement about milburn's history with affordable housing and about the use of the word tenement to describe nine Main Street a member of the community disputed my reading of that history well I agree that there are various ways of interpreting that history I also believe that inter interpretations of it by any individual here including by me are beside the point the only interpretation that matters is that of the judge and of the legal system if the committee sees milburn's Way Forward is persuading the judge judge that the proposed alternatives to nine main speed are sincere good faith efforts to meet the town's affordable housing obligations I believe the use of the term in tenament not to mention slum is a strategic mistake I have another reason to object to those terms the implication is that renters in affordable housing would be unable or unwilling to maintain their apartments and are thus undesirable members of this community a so-called tenement would inevitably become slum an opinion seemingly based solely on the income level of the renters how can anyone just assume these people will not take care of their home how can anyone just assume their children will not be able to thrive in Milburn schools something I've heard said intellect and hope and drive and a sense of responsibility and pride are not exclusive to those with a high income or a high net worth I've mentioned before that I am the daughter of a woman herself the daughter of parents with a fourth grade and an eighth grade education whose marriage imploded she was left with six children aged from infant to eight she had a secretarial school education no alimony extremely sporadic child support she found an entry-level job in New York civil service she spent her annual two week vacation washing windows and painting the house her kids graduated from college with four of them earning Advanced degrees we were not outliers we were not exceptional and we would not have been welcomed here I cannot help but take the words tenement and slum person thank you thank you um Jeffrey Feld in the poet section I just want to follow up in some things that I didn't get a chance to speak at the first time and following up as we heard the status of the Woodland and an says development agreements I think I think Public's entitled to know a status of that um there's an issue about in inactive voters that's usually federal law defines people that haven't voted we'll say in the 2020 and 2022 Federal general elections I think we should find out how many people are on our roles and having who should be deemed as inactive and removed from our registration um I again I offer my assistance in fighting you know fair share housing in connection to that I refer you to a basically a big ad public notice yesterday about Elizabeth Elizabeth is resending a pilot saying that the developer misrepresent misrepresented that it was an urban renal entity one of the issues I've been raising since the settlement came out and they said we're going to do a pilot I asked where is our long-term tax exemption policy and procedure ordinance as to the settlement with RPM as that developer does it have to be an urban renewal entity is it going to be CED the long-term tax exemption I am jazzed something is happening in the state that they're looking at Pilots to see whether the exemptions are coming under the right statute I've been fighting RPM in Orange for years because they went under the hmfa non-urban renewal entity which I've been arguing was repealed in 1991 I'm offering you my Mr hner do not dis discount is this very seasoned 45 years more than 45 years of law he rais a point the judge when you looked at the July 31st order there were three orders submitted one by the town one by RPM and one by me one of the issues it was there had to be a finding because she remember she assigned the special Master to prepare a report under the court rules the court has to adopt or reject the report she deleted in the if you look at the order that she prepared she deleted all reference to adoptions so you're asking for grounds to saying that this judge made another error that's one of the errors and Mr hillner start following his road map that he's giving to you um I told you about Elizabeth again thank you I'm just creating a record thank you thank you Diane Eglo mayor Rano you and I both grew up in town we both know what the town looked like we know things change I think the town is beautiful Town Hall Plaza I think it should be permanent I think she made into a park it should be beautiful but there are broken breaks along the sidewalk up and down milour Avenue there are broken sidewalks right now the garage looks beautiful because there's plantings and boxes so I'm not saying Milbourne is falling apart I'm saying we can we should do better there's money in the budget why I don't know who's responsible to replace all the bricks along the sidewalks along milour Avenue but I think when you go to other towns you see a difference you walk in Verona Park it is spectacular their plantings are beautiful their pathways are not crumbling and I know when Richard wasman was up there after they did not do our full Park redo there was supposed to be $300,000 I don't know I'm not up there I don't know what the status of that is but there is a broken bench in the Rose Garden you can't sit on it you could replace those wooden benches with um recycled benches like they have at the reservoir the reservoir is beautiful I've been walking there most every morning the dead fish are gone I'm happy to say but it's not that Milbourne is deteriorating it's just not kept up as well as it could and should be for town of this stature and I'm not insulting the town I love the town I'm not moving so that is what I meant I'm not insulting anybody but let's make the town a little more refreshed thank you thanks Charles B Barett 27 year resident mil bur Short Hills uh want to speak very one more time briefly about flood mitigation uh I've responded to some posts uh in in the various Township chat groups regarding what's being done for flood mitigation some residents uh are of the mindset that nothing's being done uh they're complaining about tax money being spent elsewhere and not on flood mitigation uh uh you know I just want people to know that there are many projects Alex is is part of it V is is the representative on the on the committee and and mayor Roman was on it also we are actively working on many projects uh projects of the magnitude and nature we're talking about requires uh feasibility studies by engineering firms uh we're out for requests for bid for some of those projects uh uh these are multi-year projects they are not something that's going to be done tomorrow so I I ask the Public's Indulgence in in granting patience uh things like this take time uh Alex uh correct me if I'm wrong uh the uh flood mitigation committee is going to hold a public information session so anybody that has questions about timing and what projects are being done and why aren't they be done fast enough I invite them to come to that meeting has the date been set for that it's October 28th okay so it'll be in October and and uh uh I think at our next meeting we'll bring up we'll set a time and then we'll make a public announcement but I invite the public to attend that uh so a lot is being done uh and that's the message I delivered tonight and I invite residents concerned to the meeting thank you thank you good evening good evening let me uh start my video okay perfect thank you uh good evening uh Phil kersch longtime Milburn resident I just wanted to come on again to correct something that my friend and neighbor on the township committee said I did not say that the township opposes affordable housing I'm simply trying to somewhat balance the conversation um I believe anyone who's followed it knows that since the initial Mount Laurel decision any town that ignored this responsibility regardless of of the details put itself in Peril and Milburn didn't neglect it that was my only Point uh the only other thing I'd like to say is I heard the phrase lifted up people in affordable housing do not need to be lifted up nothing says they are lower than anyone else except in their wealth um so I think the idea the characterization that somehow we're bringing other types of people in who are lower in some way or won't take care of themselves uh is simply wrong uh also talk like that does put our town in a bad light so again I'm just trying to balance the conversation somewhat from my point of view um not make uh one extreme side against another extreme side and I hope you will recognize that thank you thank you oops could we let's wait till we're done good evening good evening once again Tom Hill the long-term resident I just want to follow up on something Mr Fel said and that I didn't get a chance to make a couple of brief points one I didn't get an answer to the question whether or not we've also sought an accelerated hearing on our appeal which is an important point if we haven't done it already secondly there are issues of fact that are created by the difference in the expert reports because there are issues of fact those can't be determined on papers the judge didn't make any factual findings give a long procedural history so in order to do that you require testimony and in my view uh there should have been testimony taken that it was required and is reversible ER not to have done it I don't know whether we requested a plenary hearing or not hopefully we did but even if we didn't you would still have the issue of facts being determined on papers when material facts need testimony the experts could have been cross-examined she took the uh special Masters report she didn't actually accept it as Mr Fel said but that was the same as her uh has her decision and I think that is an area that should be explored um I didn't find out whether the April 9th order with its statement of reasons has ever been posted that wasn't responded to I'd like to know because people in the town should read it and they can see exactly what was being faced uh you know we we are facing uh so those are some of the things that uh um I think that is necessary for us to uh consider the last thing is are we facing an exposure for attorneys fees on a I mean is the court on appeal able to award the fees the cost of the of our opposition against us if we're unsuccessful on the appeal those are some of the things I would ask to be addressed thank you thank you anyone else good evening Jerry Kung Short Hill resident um just wanted to make a point about how you know political correctness is great and all but we should really be careful about policing our speech so much to the point where we can't even say anything um I think George Orwell's 1984 is a very good example of what happens when we reduce our language to something that is totally unintelligible and not able to produce any sort of meaningful discourse um so you know many people might have issues with certain words like tenement that's fine um the Oxford English Dictionary I believe sorry my iPhone the Oxford English Dictionary says that tenement is land or real property which is held of another by any tenure a holding um I'm going to conjecture here that tenement comes from holding tener Latin I didn't actually learn Latin I learned Spanish I'm just implying uh ining so my my only point is this it doesn't matter what how you know how I believe the otation of tenement is or what Miss Frank's connotation of tenement is legally the term tenement you know land or property which is held by another by any tenure holding um which is really just a long way to say you know let's just make sure that we're conveying our ideas to each other properly and not just you know preventing ourselves from actually having a proper discussion of ideas um you know I think that Mr kersh's point about lifting people up I I personally don't really see where he's coming from there I you know maybe maybe I'm totally missing something but I I didn't take offense to that um you know I can go on about how you know I I don't come from wealth you know my parents were immigrants to this country but I I'm not going to you know I I see no reason why I I would not take offense to saying that my parents were lifted up from immigrating to this country for example and I I don't think that people should take offense to that I think that everyone's out here trying to make a better life for themselves and you know we as a community are trying to do that as well by not putting them on a contaminated dump so thank you again I know my comments were long-winded it's been a long night so thank you and have a good evening thank you anyone else okay we'll now close public comment Deputy Mayor would you like to start absolutely so I want to correct a few things uh were said uh by some residents um so one what do we mean when we say we want to lift up the community one we want to help lift up everyone in the community one of the benefits of doing integrated housing in an uh inclusive manner is you have families that are living side by side with families of various socioeconomic backgrounds their kids play with each other they socialize with each other the families the parents you know they meet in the Halls they might uh share the common space outdoors and the interaction that you get by people of different socioeconomic backgrounds uh you know living together and amongst each other ends up lifting up the entire Community because people of the higher socioeconomic status begin to understand some of the struggles that people of the lower socioeconomic status might be dealing with and the people of lower socioeconomic status may see uh a a path to a higher socioeconomic status by you know emulating some of the things that they they may see or hear uh from others in that Community the the point is the point of a community is for all of us to learn and grow together and when we say we want to lift up the community that's what we want to do um in no way should anyone think that in any way that mean that anyone is lower but when you look at the criteria for affordable housing there is some component there in terms of income and I would hope that people that move to milber and live in the affordable units I would hope their income goes up I would hope the income of wealthy people that live in town goes up we want everyone to prosper so I think you misconstrued uh what we mean when we say we want to lift up the entire Community um let's see uh Miss Frank you I think Dr Kung uh explained things quite well so a tenent generally is a term that's used to describe a uh building that is a rental building that people live into you know back in the day where they were stuffed in there like sardines and what would happen is these buildings were not maintained and repaired and they ended up deteriorating again and again over time the problem with a 100% affordable development is the developers have very little incentive to maintain that building okay they make their money on the development Deals they make their money up front and they make a little bit of money uh along the way but what they are really looking for is the end of that 30-year period where they have a deed restriction because what they do at the end of that term is they'll rehab the units and then rent them out as market rate units they might tear down the entire building and then go and you know turn that into luxury housing right the developers of these 100% affordable buildings generally do not have pure motives and they have very little incentive to keep those buildings maintained so therefore when you have buildings that are integrated developers have more of an incentive to maintain those buildings because they're making more money all along the way and they aren't necessarily looking to you know tear them down to replace them as soon as possible so you know that's that's what we mean when we say we don't want these things to turn into tenaments because inevitably that's what happens and if you look at what has occurred over the past several decades you see city after City imploding literally imploding their 100% affordable developments and instead what do they put into the place they put in integrated developments that mix market rate and affordable housing units because all of the experts that that I've seen out there say that the right way to do affordable housing is to do it inclusively and that's what we're advocating for in this town we're advocating for inclusive responsibly developed affordable housing thank you thank you committee purose uh committee col thank you just I would reiterate Mr McDonald's comments that he made to miss goel I would reiterate those to miss eigo and if you know about the bench in the Rose Garden that has uh that can't be used I would suggest that you put that in the sdl pum as well as the Broken Bricks so that somebody has a chance to work on it I'm sure you know about that around I have to point this out to town if you see it if you see something say something right that's the that's the mechanism so I would suggest you do that thank you committee sure um so uh to to uh those speaking about the affordable housing and a lift up it's just disingenuous to say that that has something to do with someone's status the lift up is the better education you're going to receive in our town why do you think affordable housing exists to have lower to put your kids at risk you know to put your kids in a better safety less criminal criminality position it's to put you in a better economic environment and you can line it up any which way to Sunday but it's going to lift everybody up as well as the community the residents who live here to get that experience from what Frank was saying it's socioeconomic so it's not right to sit here and mischaracterize uh or put this to a position that we don't want it we just actually talked about a new business increasing the amount of affordable housing in this town to say people like me will not be welcome is completely disingenuous we pressed forward to have two new sites replace the 100% integrated site uh that also included the workforce housing and it is the same lift up and you know I could I could probably see Mr kers in your life experiences how it may come across as as derogatory but it's not it's a good term it's a positive term uh that's for the benefit of everyone in the town uh including the the constituents and the residents who received those uh those lottery picks to come into those places otherwise why would it exist you know Mr K Miss Frank does it exist for the suppliers the vendors developers the lawyers who are all getting paid enormous amounts of money to build these uh and then having donations back to the incumbents maybe that's it maybe that's what you guys are discussing uh that certainly doesn't lift anybody up the cost per housing per unit is significantly higher for affordable housing do you guys understand that so if I want to do it in a private context I could build it probably a third of the cost or maybe less a quarter of the cost so you got to understand that it's a big problem in a New Jersey we're not alone we've joined a u an alliance with other towns uh to press this forward but uh it is a it is an issue and it will lift up the entire Community um so enough said on that I agree with the SD as Mike said to to anyone who sees a problem I I'm a regular user of the sdl I can put anything in there um Mr Feld inactive voters sounds like it should be looked at if it's being looked at so maybe it's something we should take up um other that's all I have listen guys drive safely in town with schools just opening up and Shop local I just want to add that the township doesn't oversee the voter roles that's handled by the um Essex County Commission on Reg intender registration just you can Google that phone number Mr McDon uh yes three quick things um just uh for for uh Miss Eglo had asked uh the Gateway project uh is underway we've uh we actually approved a firm spel um to do that small very bifurcated portion of the uh Gateway um particularly from sort of curb to edge of uh the Rose Garden does not include a Rose Garden does not include the Gazebo um but it is that but that will uh start to be worked on and designed um flood mitigation meeting thank you Charlie for bringing that up uh yeah there there is going to be a public session I think the flood mitigation advisory committee is going to put out a press release uh indicating some of the work that's been done as well as this uh meeting that's going to take place in October and that's all I have Mr can I have no response unless the committee has any questions for me than you motion to motion