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Okay. Good evening. Welcome to the August 4th, 2026 meeting of the Emerson Governing Body. This meeting is being videotaped and may be viewed on your local public access channel, either 36 or 77. The meetings are also available

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24/7 on YouTube. For those of you present in case of a fire, please follow the fire exit signs above the doors and exit Connley. Addie, would you please lead us in the pledge of allegiance? I pledge allegiance to the flag of the United States of America and to the

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republic for which it stands, one nation under God, indivisible, with liberty and justice for all. I would ask you to remain standing for just a moment uh for um Claire Brown as well as for

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Richie Miello. They will both be sorely missed. Thank you. This meeting is called pursuant to the provisions of the open public meetings law and adequately noticed pursuant to NJSA 104-10. This meeting of August 4th,

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2026 was noticed to the record in the Rididgewood News on January 12th, 2026, published in said newspapers, posted on the bulletin on the Bose website and on the bulletin board in the municipal building, and has remained continuously posted as required under the statute.

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Miss D. Simone, would you please call the role of the governing body? >> Mayor Depal, >> present. Councilwoman Chelino, >> here. Councilwoman Ardenzia >> here. >> Councilman Ellis, >> present. Council President Grace >> here. Councilman Timberman >> here. >> Councilwoman Syers here.

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>> Very good. Um, appointments and resignations. None. Um, everyone is here this evening. Welcome. Appointments and resignations. There are none this evening. Minutes for approval. May I have a motion to approve the regular meeting minutes of July 14th, 2026.

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So move. >> Roll call, please. >> Councilwoman Chelino, >> yes. >> Councilwoman Argentzia, >> yes. Councilman Ellis, >> yes. >> Council President Rice, >> abstain. >> Councilman Timberman, >> yes. >> Councilwoman Syers,

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>> yes. Passes 5 Z. >> Very good. May I have a motion to approve the close session meeting minutes of July 14th, 2026, which are not for release to the public at this time? So move. >> Second. >> And a roll call, please. >> Um, Councilwoman Chelino,

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>> yes. >> Councilwoman Oenzia, >> yes. >> Councilman Ellis, >> yes. Council President Rice, >> abstain. >> Councilman Timberman, >> yes. >> Councilwoman Sers, >> yes. >> Passes 501. >> The next item on our agenda is correspondence, of which it is all on

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file in the clerk's office. Financial business. May I have a motion to approve resolution 222-26, approval of the August 4th, 2026 bills list. So moved. Second.

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>> Roll call. >> Councilwoman Chelino. >> Yes. >> Councilwoman Arenzia. >> Yes. >> Councilman Ellis, >> yes. >> Council President Rice, >> yes. >> Councilman Timberman, >> yes. >> Councilwoman Syers, >> yes. >> Yes. Is uh here. >> Okay. Um chief financial certificate of

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completed bond sale. As we mentioned at our last meeting on July 14th, the bureau held a successful bond sale. The winning bidder was Brownstone Investment Group LLC with a winning interest rate of 3.25%.

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This sale was successfully concluded on 723 2026 when the funds were received by the bureau. Unfinished business, we have none. New business, we have none this evening. Adoption of ordinances

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1726-26, an ordinance amending chapter 77, police department, article 2, section 77-8, promotions of the code of the bureau of Emerson. Mayor, I would like to t uh make a

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motion to table that ordinance. Okay. Do we have a second? >> Second. >> Okay. And a roll call, please. >> Councilwoman Chelino, >> yes. Councilwoman Orenzia, >> yes. >> Councilman Ellis, >> yes. >> Council President Rice, >> yes. >> Councilman Timberman,

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>> yes. >> Councilwoman Sers, >> yes. >> Passes 6. >> Okay. Ordinance number 1726-26 is tabled for until our next meeting or until we have time to uh discuss it further. Uh that brings us down to

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reports. Um I believe I have a short report here. Um, our mayor and council presents summer concert series for 2026 continues tomorrow night with the edge and concludes on August 12th with everyone's favorite resident, Steven Connelly. Um, we would like to wish

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Clara Erggo, who was a longtime Emerson resident, a happy and healthy 100 and 101st birthday. Clara, we miss you. Tax bills were mailed out late in July. The last day to pay the third quarter

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property taxes without penalty is Tuesday, August 11th, 2026. Please go online to pay www.emersonj.org/viewpay taxes. If anyone has questions, please contact our tax collector, Lauren Roer.

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The bureau is beginning the steps of becoming film ready. More details will come as we progress toward our certification. If anyone's wondering what that is, it gives um different uh it's a comprehensive

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um website by the state uh where you get approval in order to have films from all there's a lot of filming going on. Netflix is being built and it has a lot of films that are coming in uh to New Jersey because there are tax incentives.

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Um, and if you are film ready, um, and they choose to film in your town, there are permit fees and revenues that can be collected. And, um, we are actually in the process going to be asking anyone in town that would like to join us with it to submit pictures on the website. But

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let's get started with it first and then we'll keep everybody posted. Um, the Northwest Bergen Regional Health Commission is holding a free memory screening on August 11th, 2026 from 10:00 a.m. to 2 p.m. at the Waldwick Health Clinic. The screening consists of

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a 30inut personal interview. You will have the results immediately and can discuss them with a certified dementia practitioner. Mixed garden debris will be picked up on Labor Day, Monday, September 7th, as scheduled. The next meeting of the

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seniors is September 10th. If they have a trip this month and they're skipping their meeting. It's on their meeting day. All Emerson residents 55 and o older, I recommend join this lively bunch. They have weekly activities, take day trips, and offer in-house programs

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at their monthly meetings. Please go to the Emerson website senior section in order to get more information. Um, I've said this before, with more people spending time outside these days, property maintenance issues can become more apparent. If you see something that

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needs attention, please contact our property maintenance official or you can email him. It's either property maintenance@ emersonj.gov or 2011-2626086 extension1216. And don't forget, curb your dog, please.

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Save the dates. Wednesday, September 16th from 9:00 a.m. to 300 PM New Jersey Motor Vehicle Commission mobile unit is scheduled to return to the Emerson Senior Center. Online appointments will

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open on August 27th for Real ID. New title, duplicate title registration renewal. Please visit the burough website for more information. Saturday, September 13th, the Burton County Utilities Authority is holding a

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household household hazardous waste collection from 9:00 a.m. to 3:00 p.m. at Camp Gl in Malawa. Saturday, October 3rd, Emerson's townwide garage sale by the Emerson Environmental Commission. From our rec commission, we have Sunday, October

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18th, Emerson Fall Harvest Festival. Saturday, October 24th, Emerson's free uh shredding day. That's Saturday, October 24th. More details will follow on all of these events. The next governing body meeting will take place

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Tuesday, September 1st at 7:30 p.m. And as a reminder, as you're finishing up your summer, school begins on September 2nd. It's a Thursday. Please be alert when driving and watch out for the kids. Councilwoman Chelina, do you have a report for us this evening?

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>> I do. Okay. Um, so from the Environmental Commission, um, I think you already touched on this, the townwide garage sale for October 3rd with the rain of October 4th. All applications are due September 25th.

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Um, I have nothing from the Volunteer Ambulance Corps from DPW. Um, Perry has advised the DBWS on cleaning catch basins and streams after every storm to prevent flooding. Um, and they're getting ready to work with a contractor on a broken drainage pipe and

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the rear rear yard guard of 95 of place to have it repaired. Um, and as you mentioned, this Saturday, August 8th, is hazardous waste drop off at Burton Community College between 9 and 2. um from the fire department,

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a thorough report. Um July was an exceptionally busy month for the department, responding to 49 calls for service and members contributing 918 and a half hours of service encomp encompassing emergency response, apparatus, and equipment maintenance, training, and drills and

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special events. The month began with department proudly joining the 4th of July parade in Orido in celebration of America's 250th birthday. Um later that evening, families across the town gathered for barbecues and fireworks. Um the members were called to action, responding to 10 calls for service

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throughout the night while fireworks um lit up the sky from above. From there, there were calls for service continued steadily throughout the month, ranging from activated fire alarms and carbon monoxide incidents to electrical emergencies and mutual aid requests in support of our neighboring departments.

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The month closed out much of the way began with another storm rolling in through town and had the department running six calls for service in a single night. Um, beyond the high volume volume of emergency calls, July was also a month of reflection for the department. They laid to rest exchief

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Richard Masiello who gave 62 years of selfless service to the burough with a full firefighter funeral. His dedication to Emerson Fire Department and this community will not be forgotten. On a lighter note, the department also had the pleasure of providing wet downs for the summer recreation camp program on several occasions, bringing smiles and

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cooler temps to the campers in town. Um, [clears throat] the chief would personally like to say how proud he is to be chief of these members. It's been an incredibly demanding month and time again and time and time again, the members answered the call, working tirelessly to protect the community and

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putting others before themselves. The Emerson Fire Department remains steadfast and ready to assist the community in anything that comes our way and we're grateful as always for continued support from the mayor and council. >> Good. Yes. Councilwoman Arjenzia, do you have a report for us this evening?

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>> I do not. [clears throat] Uh Councilman Alice, do you have a report for us this evening? >> I do not, but I just wanted to touch on the fire department and the great job they did alongside DPW as well with all the storms. And I uh know from hearing the pages that there were a lot of activities this month. So I just wanted

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to take my hats off to the to the brothers out there that were able to uh respond >> here. Here. Um Councilwoman Ser, do you have a >> I do not. Okay. >> Councilman Timberman, do you have a report for us? >> Uh just real quick, uh from recreation,

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fall sports registration has closed and uh some have already begun. And just to reiterate what you said, um Emerson Fall Harvest Festival is scheduled for Sunday, October 18th. More details to follow. I think there'll be uh sponsorship opportunities and some other things from the record.

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>> Sponsorship opportunities. Yes. And I believe the hot air balloon is making a comeback. >> Council, anything else? Council President, do you have anything for us this evening? >> Um just from the board of ed. Um the mayor and I will be meeting with the superintendent tomorrow to discuss the

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beginning of the school year. So little sad >> coming fast. >> Yeah, it is. >> But that's all. >> Triessa, do you have a report this evening? John, do you have a report this evening? No. >> Okay. Mr. Carelli, do you have a report? >> Thank you, mayor. Uh please note that as a result of the recent rainstorms I'm

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working with the borrow engineer and superintendent of public works for repairs to the drainage easement pipe at ace at 8 excuse me spruce and 95 Greta. The drainage pipe is und sized and causing localized flooding uh during he

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heavy storms. Uh we did retain a vendor to come in and TV the line for the initial investigation. Uh furthermore on tonight's uh meeting agenda are the proposals for engineering services for the 2026 road resurfacing

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program and the FY2025 NJ dot Lincoln Boulevard phase 1 improvement project which we hope to get out to bid soon. Uh further updates to come on that. Uh in addition, we've been working with our grants manager uh and

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police department on several uh initiatives and uh applications that are uh you know being submitted. Uh so we'll have some uh further updates on those at the next council meeting. Uh in addition on tonight's agenda is the contract

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award for the replacement of the Department of Public Works roof which has been subject to disrepair and leaking over the years. Uh this project was funded through the 2026 capital plan and is within the amount of available

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funding. Uh furthermore, we did meet with Neglia Group uh to discuss the DPW salt bin replacement project. So uh a proposal for engineering services is expected on that as well uh very soon.

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Uh two more items. The DPW uh does have a vacancy for the position of laborer. Uh so if anyone's interested, the information is posted on the burough website, social media, and uh in the Burrow Hall lobby. And then lastly, as a

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reminder to the residents, uh the recreation department uh now has office hours in the Burough Hall and is available to assist residents on Tuesdays from 4:30 to 6:30 p.m. in the Burough Clerk's office. Uh the recreation department can also be

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reached at recreation commission emersonj.gov. go. Thank you. >> Do we have any update on um the library? Do we know if it's back open? >> It is open today. >> Over there today. Yeah. >> Okay, good. Perfect. Um and we apologize for any

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inconvenience. We have a over 20-year-old air conditioning unit at the library. Um and it went kplunk. And um I know it's the dead of summer and everybody was clamoring for books for vacation, but I believe the library is back open. And please patronize the

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library. Um I guess we will move on to open for public comment. May the next order is public comment. Members of the public are welcome to speak on any topic by coming to the podium and stating your name for the record. In the interest of

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time, speakers are limited to 3 minutes. In consideration of all who may wish to speak, please keep your comments brief and concise. May I have a motion to open the meeting to public comment? It's a second. >> Any opposed? No. Motion carries. Um, Mr.

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Oenau, I see you arrived. I assume you want to speak. Okay, come on up. >> Good evening, Robert. >> Just make sure you use the microphone so we pick everybody up. >> I say that to everybody, NOT JUST YOU.

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>> I EVEN SAY IT to council members. In fact, I was thinking it as they were doing the reports cuz I thought they were a little low and I'm like, I'm going to remind him cuz I didn't remind the council what he right. I understand this matter is currently in

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litigation. So, I'm not going to ask anyone to respond tonight uh to anything that could affect the case. I am here tonight because the former administration approved an agreement involving the ambulance property that has placed Emerson taxpayers on the verge of losing half a million dollars

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over one missed deadline. A provision putting half a million dollars at risk was negotiated, reviewed, and approved without adequate protection for the taxpayers. What I still cannot understand is why this deal was so lopsided. The developer was allowed a fourth story, offered a pilot agreement,

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and permitted to address affordable housing offsite. What meaningful protection or benefit did Emerson receive in exchange for all of those advantages? Emerson was the one holding the cards. Emerson should have had the stronger protections. Instead, the

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developer received major concessions while the town accepted an agreement left half a million dollars at risk. How was that allowed to happen? In business, deadlines get missed. I have missed deadlines myself. Usually, you pay a reasonable late fee, correct the problem, and move on. You do not put

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taxpayers at risk of losing half a million dollars over a single missed deadline. Deadlines matter, and we all understand that. But when a half a million dollars is at risk, you require written notice and a reasonable cure period. That is basic common sense and

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the minimum protection Emerson taxpayers should have received. The former administration was not risking its own money. It was risk risking taxpayer money. And this involved a building intended to serve Emerson's volunteer ambulance corps. The volunteers who give their time to protect this community

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deserve better protection from the people negotiating on the town's behalf. And to this mayor and counsel, I am asking that you please consider passing an ordinance to prevent any careless mayor and council from ever being able

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to let something like this happen again. The ordinance should prevent the town from being allowed to accept any significant penalty for a missed deadline unless the agreement requires written notice to the burough administrator and burough attorney and provides reasonable cure period. Had

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that protection existed, Emerson would not be in this situation. Unless the town succeeds in court, Emerson taxpayers will be left paying for the former administration's mistake, and that is simply wrong. Thank you. >> Thank you for your comments, Mr. Oenau.

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>> Um, >> are you going to comment? >> Yeah, I can comment on that. Um, >> do it in the mic then. >> Mic, where are you? [laughter] >> Um, yeah. So, I know that there's been uh some irresponsible

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uh postings in Facebook and social media with regard to what's in that contract. What people forget after a period of years is how what contract are we talking about? So there were different iterations of that

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contract including one that was passed on the eve post post the election of 2019 2018 >> 2018 >> 2018 December 2018 the burough the

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burough council uh and it's been there was a recording uh by the redeveloper uh that was that's been posted on the burrow's website that it indicated that the deadline that they

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put in this last minute agreement that they knew that at least according to the recording I don't know if it's factual or not except according to the according to the recording that the mayor knew that the time period of one year to be

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able to produce uh a find a location b decide whether or not you want to rehab of this building or build in a new location and produce um uh all the requirement D approvals

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whatever that site would be and actual working drawings for a brand new facility or a rehab. They knew that it wasn't enough time for the burrow to do that. Part of our litigation was that that was not made in good faith. That's

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what the recording said from from the developer >> as it relates to the the the documents themselves. What they initially was a time deadline to be completed but as part of that lastm minute agreement uh

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and they changed and they abandoned the timeline that was in the original agreement which was essentially the third iteration of of the redevelopment agreement. So for those that are saying that there's a there was a deadline in there, there was a deadline initially in there, but they shoved through at the

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last minute that provision was essentially shelved. You could make a legal argument that that you could say, well, it was it was due in part because they didn't know how long it was going to take with the new developer and all this stuff. But the

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fact of the matter is it is a fact that there was no deadline because it was removed and and it's never and by the way that's never been refuted in all the court documents. The court documents and our briefs are public record. Our attorneys have made those arguments and it's it's you know so it's a little

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shocking. Uh I know it's political season and people want to lie and misrepresent things that that occurred. Uh so but but you know that's what happened. It doesn't doesn't change what happened. you know, all the noise in social media, whatever the whatever former elected officials want to claim.

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And I will also add that the former elected official of this town did not help in this litigation. He actually was helping the developer. In my opinion, he wasn't helping the town for whatever reason reason that may be. I I can I can

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only speculate, but in my opinion based upon the filings he made, which are inconsistent with the tape and and that was that was uh uh by the redeveloper himself that was recorded by uh Mr.

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Hermanson. Um that's been produced and put on the website. Maybe it should be put on the website again. I don't know. Um so that's what happened. It was also unfair to me in the sense that you know they I mean on top of everything else they were given the fourth story all

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that other stuff they were not put in a position where they were forced to do construction during CO as I was. I had to pay double for most of the materials. So my cost of construction was significantly more. So I just kind of feel it was really an unfair thing to

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do. >> Let me be clear. We wanted them to build. Oh, I know you wanted them to they stopped and because and this is public record for whatever reason. It is public record whether it's relevant to this project or not that the the the

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redeveloper had had massive problems across the state uh where uh in even even in the situation in this project where there were mechanics leans on the property. They stop building, they stop paying the subcontract. These are all

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facts and um the only reason why we there's been any movement uh on the project now as you see it's it it seems to be coming together really slow. I could you could have built a brand new uh >> well whatever the the thing is last late

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last fall the council authorized the burrow to pursue condemnation. And if you recall when this project first was put in place, uh, a number of people got got elected because they opposed combination, which was part of

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the redevelopers agreement and a lot of small businesses, uh, had to relocate because under the threat of they not under the threat that the burrow was going to condemn, but the fact that the burrow may have may have been forced to condemn based upon the agreement by the

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prior administration. Um and the borrower complied with all those laws and we did what was what was required. In fact, I sounded many uh hours of negotiations with a number of the vendor with a number of the property owners trying to avoid um not just not just combination but trying to you know

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relocate and uh and and work work with the burrow to help these these these property owners and business owners. The thing the thing is no one I I I don't know what you mean by the word force. We our preference always has been

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for them to build. But last fall when the burrow said we are going to uh condemn to to make them move forward and we will um hold and then we um we voted to cancel the pilot program. Um it wasn't until

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after that happened when this this governing body essentially basically said we're going to take action when the people who were supplying the money constantly calling us we want to meet we want to meet we want to get this going we want to get it going and e even still

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that's still slow but if it wasn't for the position that this governing body this is not a political state this is what happened if it wasn't that threat we'd still be staring at uh at naked walls right now and it's still not finished and and we're still in

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negotiations uh with them. Uh some that can be done but we still have significant legal hurdles for them. But the more important point is it's getting done, you know, and a little bit is better than none than none of it because condemnation, as the burrow knows and

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most people know, is a costly uh expensive proposition, but the burrow is prepared to pull the trigger once we see that um that the the bad faith returns. There have been some good faith efforts recently. um things uh like payment of

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taxes delay you know taxes weren't paid for a while for a few years things have been along those lines have been moving forward there was an escrow uh that was that was not paid funded to pay our professionals that's been that's been done so a lot of stuff that was the the

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contractual breaches that we had outlined in in public uh a lot of that some of it I don't know a lot of it but many much of it has been cured and there's still some significant ones to still be cured including the issue what the the problem with the seven off-site

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units. Um, but there's there I think there was a meeting today or tomorrow uh with our attorneys uh with regard to uh the implementation monitor and to see where we're at with with with these guys. I don't >> I think there's a misconception that

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while all this was going on that we're not doing anything, but myself and council members and you and and our affordable housing attorneys have sat down with them how many times to negotiate It's not just that we weren't doing anything. We we we sued them and they sued us. They've actually sued her

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personally twice. The the federal case was thrown out. Then they reintroduced the exact same case in federal court, which excuse me, in state court, which is still pending, which moves a little slower than federal court. So, it wasn't that we took no action. We took plenty

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of action. That's how we we have the breakup and we have a roof up. >> I appreciate that. you know, and and and and and and more importantly, the idea that we didn't do anything, 80% of this, you can't comment because as you pointed out from the beginning as it relates to litigation, but everything I just

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reported on tonight is already been reported publicly. >> I I also understand that without written deadlines, your hands are also kind of tied what you could force them to do. You can't >> it it it's extraordinary. I never seen I've been quoted in a newspaper. I've

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never seen an agreement like it. And it's been years since and I've never seen one ever again. Uh but that's something that the burrow the prior burrow put this the taxpayers in a position and uh no one liked it. No one liked me cuz I had to explain the law.

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What do you mean? you know uh but but and even prior councils um you know you know was always trying to balance you know you know what do do we go for the extraordinary expense you know there was and then you know co caused a problem

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what's a reasonable time period as you know for a delay of construction um it seems to me if you're a developer the sooner you build the better off your investment is so clearly they delayed because there was other problems that that these people were having economically. It's all it's well

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published and documented. But we know we pushed the issue, lawsuits were filed, briefs were filed, an implementation order was put in place and that was a key component as well uh to to to to push both sides uh into some sort of agreement. Um, but there's still there's

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still some legal hurdles to go through, but it's but no, I think the opposite can if we if we if this had been let go, this property never would have been built based upon the based upon the analysis of the the financial problems the developer had.

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>> I'm very very happy with the progress uh as of late. And you know, for a while it was just a question. Are they going to knock it down? Leave it up. Now that the entire exterior is finished, at least we know it's staying. So, I mean, at 150 apartments, they're losing half a million dollars a month rent. So, they're going to have to get moving at

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some point. >> Well, the the the other thing about that is, and there's plenty of [clears throat] other developers out there that would welcome the ability to take over that property right now if we condemned it. I mean, there's a lot of

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successful developers in New Jersey that would look at a project like that very favorably at this stage, especially. So, you know, hopefully we can um get over the the the next few hurdles and they're supposed to do and make them do the

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right thing. You know, you know, they have to they have to we have to come to a resolution with regard to these seven off-site units is one of the issues. So, uh in fact, I'll tell you now, honestly, the mayor and council, this one and and and and even going back three years ago

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to two years have have been on this If if I've if you go look at my billing, you're going to see multiple phone calls that I had a bill for regarding this. My my billing here is very small compared, you know, I don't think I'd build over $70,000 for for this.

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>> Well, I saw they at least uh got them to clean up the Lincoln Boulevard, which is looking really really bad. So, >> thank you for that. That made a huge difference. So, >> well, there I appreciate I know you've been through this process, so you understand and and uh It's good to see

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someone come and hang out and speaking of the truth about what's going on. >> Thank you. Thank you. >> Seeing no other hands, may I have a motion to close the open session to the public? Mr. Hour one second. Just wait one minute. Second. I want to talk to

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you after >> what? She said second. >> Oh, all in favor? >> I I you wanted him to wait till we voted. No, I have to ask him something before we go to closed. >> Oh, okay. Unrelated to this.

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>> Unrelated to Oh, yeah. That's I know what she's going to say. Um, resolutions on consent are considered routine and will be enacted by one motion of the council and one roll call vote. There will be no separate discussion of these items unless a

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council member requests an item be removed for consideration. May I have a motion to approve consent agenda resolutions 223-26 through 233-20 move six. >> Roll call, please. >> Councilwoman Chelino,

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>> yes. >> Councilwoman Arnzia, >> yes. >> Councilman Ellis, >> yes. >> Council President Rice, >> yes. >> Councilman Timberman, >> yes. >> Councilwoman Syers, >> yes. >> Yes. Is 6. Thank you. Okay, we are now going to go into closed executive

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session. Um, members of the public may remain on YouTube until we return to open session, at which time formal action may be taken. Uh, may I get a motion to go into closed executive session? >> Pursuant to NJSA 104- one second.

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>> Second. >> And roll call, please. >> Councilwoman Chen, >> yes. >> Councilwoman Ardenzia, >> yes. >> Councilman Ellis, >> yes. >> President Rice, >> yes. >> Councilwoman Timberman, >> yes. >> Councilwoman Syers, >> yes. Okay, we'll see you when we come back

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to reconvene. >> So move. >> Second. >> Okay. All in favor? >> I. >> Is there any other business to discuss? Hearing no more business. May I have a motion to adjourn at 9:05 p.m.? >> So moved. >> Second. All in favor?

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>> I. We are adjourned. Thank you for joining us. I do want to mention one thing. If you are a volunteer in this town, you're watching this meeting. If you're a coach, a emergency services um August 18th, >> yes, 5 to 7

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>> 5 to 7:00 p.m. you are invited. You should have gotten one. Please reach out to Triesta if you didn't, but we're having volunteer appreciation.