Yeah. >> All right, we're live. >> Good evening. >> Welcome to the December 2nd, 2025 meeting of the Emerson Governing Body. For those of you present, in case of a fire, please follow the fire exit signs
above the doors and exit calmly. Uh, Councilman O'Neal, would you please lead us in the pledge of allegiance? I pledge algiance to the flag of the United States of America and to the 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 um to remember a longtime Emerson resident, someone that everybody around town knows who um suddenly passed away. Uh Mr.
Steve Ramagley. God rest. Thank you. This meeting is called pursuant to the provisions of the open public meetings act and adequately noticed pursuant to NJSA 104-10. This meeting of December 2nd, 2025 was
noticed to the record and the Ridgewood News on January 7th, 2025 and published in said newspapers and posted on the bulletin board in the municip mun municipal building and on the website as remained continuously posted as required
under the statute. Miss D. Simone, would you please call the roll call of the governing body? >> Mayor Depala, >> present. >> Councilwoman Rice, >> here. >> Councilwoman Sers >> here. Councilman Ellis >> present. >> Council President Argenzia >> here. >> Councilman Timberman >> here.
>> Councilwoman Chelino >> here. >> Present. >> Thank you. Um proclamations and citations, there are none this evening. Appointments, there are none this evening. Minutes for approval. May I have a motion to approve the regular meeting minutes of November 10th, 2025.
>> Second. >> Roll call, please. >> Councilwoman Rice, >> yes. >> Councilwoman Syers, >> yes. >> Councilman Ellis, >> yes. Council President Arjenzia. >> Still reading. >> Okay. >> Okay. Councilman Timberman.
>> Yes. >> Councilwoman Chelino. >> Yes. >> That passes 5-0. >> Very good. May I have a motion to approve the close session meeting minutes of the November 10th, 2025 meeting, which are not available for uh
public consumption at this time. Can I get a second? >> Second. >> And a roll call, please. >> Councilwoman Rice, >> yes. >> Councilwoman Sers, >> yes. >> Counciloman Ellis, >> yes. >> Council President Argenzia, >> Councilwoman Timberman, >> yes.
>> Councilwoman Chelino, >> yes. >> This is 501. >> Very good. Um, correspondence. Um, the burrow received a grant award noticed from uh open space trust fund in the amount of $75,500
that will be used for improvements to Acriman Park. Uh, the bureau also received a grant award notice from the New Jersey Department of Transportation awarding uh $129,561 for improvements to Doorchester and South Dorchester Avenue phase 2. The
governing body looks forward to seeing these improvements uh on with these grants um that'll uh improve our community. All of these correspondences are um on file in the clerk's office. Uh may I have a motion to approve
resolution 268-25, approval of a transfer? >> Second. >> And a roll call, please. >> Councilwoman Rice, >> yes. >> Councilwoman Syers, >> yes. Councilman Ellis, >> yes. >> Council President Orenzia, >> yes.
>> Councilman Timberman, >> yes. >> Councilwoman Chelino, >> yes. >> And that was obviously section 8, financial business on our agenda, which brings us to um number nine, unfinished business. There is no unfinished business, new business. Uh change of the
burrow's domain from.org to.gov. Uh the burrow's IT company Cobb Computer Solutions has secured Emersonj.gov gov at no cost to the bureau for use with both email and the website. Um their recommendation is uh to transition
to the.gov domain which provides stronger security, increased reliability and aligns with the standard many municipalities are now adopting. This change will involve no cost and no downtime. And all emails will begin uh
sending and receiving from the new.gov domain. and anyone who continues to use the old.org address will still be able to do so without interruption um just as they do today. Uh Coban would like to implement this change for the burough
offices before the end of December. Um so if somebody forgets and sends a rice at emersonj.org, it will still go through to the.gov. If they send it to ash.gov
gov. It will still go through as well, but I don't know if it's I don't I mean it's an interest I don't know if >> is it ever gonna end? Like will eventually >> eventually we'll transition completely into it like we'll when we start um doing business cards or if we start
doing the letterhead and whatnot, it'll we'll move migrate to the.gov. But we're not going to waste our letterhead and whatnot. We'll wait till we go through and then when we reorder we'll update um anything in writing and we'll change it on the website. Correct. Triessa and uh
we'll just make it known but you'll you won't miss anything because if somebody forgets the.org will still work because we still own those domains as well. So um does anyone have any issue with that or any questions about it? I mean if it's going to make us safer
and more secure um I think it's a good move and I like the recommendation. All right. So do we would need to take a vote on that? Right. Just a consensus. All right. So, would you please let um Coban know that we're all okay with the change? >> Okay. >> Um the next item on the agenda is
introduction of ordinances. First reading. The uh Miss D. Simone will announce by number and title the following ordinances. Upon approval, this ordinance will be further considered at a public hearing to be held on December 16, 2025 at 7:30m
or as soon thereafter as the matter can be addressed in the council chambers of the burough hall, one municipal place, Emerson NJ, and published in the record. All ordinances are posted on the burough website and on file in the office of the municipal clerk if anyone would like
copies. Miss D. Simone, would you please read the title of ordinance 1711 uh-25? >> An ordinance to amend chapter 290 zoning article 2 terminology section six definitions definition of impervious
coverage. >> May I have a motion uh to introduce ordinance 171125 on first reading? >> So moved. >> Second. >> And a roll call, please. >> Councilwoman Rice. Yes. >> Councilwoman Sers.
>> Yes. >> Councilman Ellis. >> Yes. >> Council President Orenzia. >> Yes. >> Counciloman Timberman. >> Yes. >> Councilwoman Chelino. >> Yes. >> That passes 6. >> Okay. Um this the next item is adoption of ordinances. This is the second reading and public hearing of ordinance
number 1710-25. Miss D. Simone. Would you please read the title of this ordinance? Um, an ordinance to amend part one, administrative legislation, chapter 21, court of the borrow code of the borrow
to provide the issuance of administrative search warrants. >> May I have a motion to open the meeting for public comment on this and this ordinance only? >> Second. All in favor? >> I. >> All right, we're open to the public. Seeing no hands, um, may I have a motion
to close this portion of the meeting for public comment? >> Second. All in favor? >> Okay, we're closed. May I have a motion to adopt ordinance number 1710-25 on second reading? >> Second. >> May I have a roll call, please?
>> Councilwoman Rice, >> yes. >> Councilwoman Sers, >> yes. >> Councilman Ellis, >> yes. >> Council President Oenzia, >> yes. >> Councilman Timberman, >> yes. >> Councilwoman Chelino, >> yes. >> That passes 6. >> Very good. Thank you. I have a very short report. Um,
the burrow held our annual Christmas tree lighting on Sunday, November 30th at Burrow Hall to kick off the holiday season. It was a great night. It was a little season uh chilly that night. Um, a little wet, but the kids and the adults enjoyed some yummy treats provided by Shopright of Emerson, which
we greatly appreciate. And we did have a special visit from Santa Claus on our firet truck. Um the bureau is also pleased to announce that we are working on our um Hanukkah celebration with cong congre congregation Benet Israel from
Emerson. Um the public manura lighting at Burrow Hall will be December 17th at 6:00 p.m. Uh the 2025 road program improvements were completed in mid November and thankfully all improvements went well. As a reminder for our
seniors, the next senior meeting will take place next Thursday, December 11th at 12:00 p.m. And there will be a blood pressure clinic um before that meeting. As always, the senior bus is available to our residents age 55 and up and those
with disabilities, please call extension 1212 to schedule your bus ride. Um I also uh always encourage people to sign up for our rave alert system. Um, as always, more information on all of our events and current news is posted on the
burrow website, but you could also be getting it um through text messages, phone calls, and emails. Um, information is also posted on our social media pages, Facebook, Instagram, and X. So, if you need to know what's going on, please get connected with the burrow. If
you need help, please call our burrow health, Triessa, or our deputy clerk, um, Samantha, and they will be happy to help you. Um reminders for upcoming burrow hall closures, December 25th and 26th for the Christmas holiday, January
1st for New Year's Day. Um as always, emergency services are available 247, and our uh next and last council meeting hopefully of the year that's scheduled is Tuesday, December 16th at 7:30 p.m. Um John, do you have any report this
evening? Uh just a brief report, Mayor, as you um as the as the mayor and council aware, maybe some members of the public, uh the burrow um has voted to pursue um our enforce our rights to
protect the taxpayers. Uh with regard to block 419, um that process is under is ongoing. We will have evaluation uh done of the property pretty soon and uh shortly after that after that we'll be filing the litigation. Um you know it's
unfortunate that the that the the redeveloper not just here in Emerson statewide has suffered traumatic uh and devastating uh um uh well let me put it to you this way. It's unfortunate that he he is the
problem that's occurred here in Emerson is very similar to what's occurred for in all of his projects across the state. But for some reason, he seems to have some special love for Emerson. As you know, Mayor, you were sued personally and the federal court dismissed those uh
uh specious and and falseh. Uh the way the federal court dismissed that case uh is, you know, unfortunately um our process is is the legal process when it concerns property interests are very thorough. And there are state
claims that mirror uh the federal case uh that uh that could have been filed and have been filed by the redeveloper um against you as well again uh in the burrow. Um but I I I think it's important to note that the burrow has
been more than successful in all the this litigation brought by the redeveloper. In fact, um we happen to be fortunate tonight we have uh Brian Giblin Jr. who is uh who uh was whose firm was hired by us uh as the litigation council for most of these
lawsuits. Uh, in fact, so I I'd like to invite Brian up to uh let the community know in particular um as it relates to um these other lawsuits that the redeveloper has brought and how successful we've been in. And not only
did he bring lawsuits to, he also went to the appellet division on us. And the appellet division gave a gave a very not just a favorable ruling for Emerson, but a very strong ruling in its language uh as to as to what transpired with all of
their allegations. And those allegations seem to be repeated here, but I'll we'll let Mr. Gibbon talk about our successes in the previous litigations. >> Welcome, Brian. >> Hi, thank you guys for having me and good evening to all of you. Um, >> just make sure you use your mic, please.
>> Use your mic. >> Uh, so, as I'm sure most of you are aware, a new lawsuit was filed. I'm not going to discuss that because we're in public session right now, but I can comment on uh the most recent appellet division uh opinion that came down,
which uh which probably was four or five months ago. um wherein they were looking to uh force the burrow to allow them to build seven units offsite at a different site than block 419.
And there were multiple allegations made in there. And I could tell you that the court uh specifically enumerated certain things that this governing body and the burrow did that really helped the the the appellet division come to their conclusion that you guys had done nothing wrong. One of which was um if
you remember uh they actually made a presentation here uh and some written questions were asked and then it was adjourned. Those questions were never responded to. to the court took note of that in their decision to to to ultimately rule in our favor along with
some other things including that we had provided um other sites to the developer for the possibility of development that didn't include that triangular lot over um 419 but >> 129 >> 129 Kinder Kak Road. Um, we're very
happy that, you know, as your burough attorney stated, we we were in the appellet division, I think, three different times and were successful all three of those times. A federal case was filed that was that was dismissed and uh was not appealed um by the developers.
So, so up to date, um, you know, it's it's been, uh, it's obviously been a, you know, some of tortured history of litigation with this with this site, but but it certainly does feel, you know, looking at all the the decisions that aren't published, but are public. Um, a
lot of the bureau's actions have been vindicated and validated by not only trial courts, but appellet divisions, which are three court pan three judge panels. So, I think you guys did a really great job and and how you handled the entire situation. >> Thank you.
>> Brian, let me ask you specifically as it relates to the appellet division. Um, they made a presentation here one night and I had asked them some, if you recall the transcript, I had asked them some questions, >> written questions, >> and then we submitted the same questions I asked orally in writing. Correct. Can
you just talk about that? So, so, so I believe that's mentioned actually in the appellet division because one of their claims was that uh they didn't they they they didn't pursue or exhaust their administrative remedies and the appellet
division took note that they in fact did attempt to do that but then just stopped. We you sent those questions in writing to their attorneys. Those questions were never responded to >> and they were appropriate questions. appropriate questions by all means that
you guys needed to consider as to whether you wanted to change the zoning for that other site. Those went unressed and and you know that that certainly played a role in the appellet division's decision-m um wherein they found in your favor.
>> Yeah. Okay. Thanks, Brian. >> Absolutely. And I I just and the the new lawsuit was filed and this is the first meeting that we've had since that has been filed and that lawsuit will be um considered with our attorneys today and ongoing. So
there's there's no public statement about that yet. >> Yeah. >> In executive session. >> Yeah. That you know as it relates to ongoing litigation as we as our policy is pretty clear. We don't want to jeopardize the taxpayers's insurance coverage, but it's inappropriate to
comment on litigation matters in public. That's why we have close sessions. It's not a transparency issue. It's a requirement by our insurance carrier. It's also pretty much against the cannon of ethics for the lawyers uh that represent public entities to be
discussing these matters, the specific facts and so forth in public. So, for new council members or new people to the public that have moved to Emerson recently and are not familiar with what's been going on in this litigation, uh I can say this, the burough's
position has been very clear. We want that project built from the from the day uh um Mr. Polly took office in from her first term. Uh that's been our posture. Um it is notable that across the state this this redeveloper through his
various LLC's have had it's no secret that he's had financial difficulties and we note recently there's been some activity at 419 but not sufficient enough uh to uh obiate any uh any uh of
the current processes that we're now engaged in uh including uh eminent domain because it's the process there appears to part-time. It appears to it appears much like the work that was done prior to them completely abandoning the
project in my opinion. Um so that and there's a other list of breaches of their agreement with the burrow that remain uh um unresolved and there have been no attempt by by the redeveloper
through his attorneys to resolve any of those substantial issues. uh and in my opinion that uh has led to a breach of contract and again we want it built. We're going to get this done one way or the other. It cannot remain in the
condition that it's in right now >> and we are also on Friday going for med uh >> well Friday is with regard to affordable housing, >> right? So I just can we just say that we have a hearing on Friday? >> Yes. So we have a hearing on Friday. Um
it's court ordered. It's essentially, for lack of a better term, it's mediation. Uh it's a new process that's that's part of the new law and part of the fourth round requirements that uh all municipalities face. One of the new nuances in this law that's different
from the previous obligations for municipalities is that they've added a layer of of requirement for redevelopment need. And Brian, you can chime in if I'm wrong, all municipalities have been placed into
different redevelopment regions. And so, not only does the state now look at the municipality redevelopment uh uh and affordable housing needs and requirements, they set up a regional requirement for for the
bucket of different municipalities that they've put. It's 12, I think, across the state. And so, Emerson is part of it has a not only a municipal need but we have to match the regional need and that's very interesting legally uh
constitutionally because it essentially says that if Emer if the state says Emerson has a need for 10 units or 50 units and we're successful at saying no we only the law says we only need five well if the if the regional if the if if
if it was originally 50 then that 45 requirement I said for for Emerson now has to be distributed amongst that region. >> Right. >> So not only is what we're doing right now negotiating regarding Emerson, we also have to take take into
consideration that they're going to be other municipalities around our surrounding area that are going to be fighting and seeking to to lower their uh municipal needs and that could impact us as well. So, um, it's a it's a
constitutional quagmire. I would love love love to somehow get this into federal court, but unfortunately, it's a it's it's it's a state constitutional issue and federal government will not rule on this. But New Jersey is unique and this low this mart to low-inccome
housing requirement uh was judicial was a was through an opinion from the 1980s two two of them actually called Mont Laurel and um for many many years almost 40 years it was not copied uh I believe since the Obama administration got
elected they tried through HUD uh during 2009 2010 and 13 or 14 to do something along these lines through HUD but that was found to be unconstitutional by the Supreme Court. Uh since then, some other states, Massachusetts, um and I and I
believe Vermont are trying to adopt similar statuto um statutory requirements, but it's still not as draconian um as as it is uh in New Jersey. And just one final point, um the head of um
of fair share has just recently been named, I think today or yesterday, to to be appointed to the governor's transition team. And um through the years, uh many people in particular in Bergen
County, Republicans and Democrats, uh you know, you've seen governments go one way, sometimes become Democrats, sometimes become Republican. and Emerson has seen that here. Uh what's particularly striking uh with with regard to uh the new administration
coming in is I am told and this is what I'm told from people that I know is that um they are doing away with just about everyone from uh Murphy's staff and she's bringing in bringing in a lot of Trenton excuse me a lot of Washington DC
Democrats uh into Trenton and uh take from that what it means uh you know, every new administration comes in and they want their own people in there, even if it's from the same party. Um what is different and unique this time is we're not seeing some of the uh
normal traditional Democrats generally appointed to these positions. Well, we'll see because she's just starting, but um the what's been reported is it she's looking to Washington DC for a lot of hires, >> right? But Adam Gordon from Fair Share was definitely part of the transition
team and appointed in the last week and um that was a little uh I don't know if it was surprising or not but I I wasn't expecting it but it happened. Um Brian, as far as this um mediation goes on Friday there, the state set up a timeline for the round
four and we were given this date on Friday. This isn't something that we planned. This is a date that we were given. Correct. >> A court ordered. >> A court ordered. Y >> All right. So then we'll go through the the remediation and then we will see whatever the next steps are. >> Correct. >> In order to be compliant with round four. >> Correct. Okay.
>> I want to add one more thing. Um if you recall last spring uh another municipality uh that that's in our region by the way uh had had applied to try to fight the new the new state law in court. And there was a lot
of um internet postings and things of that nature and social media that Emerson should join that fight. And if you recall, >> there was some good questions uh by members of the mayor and council here as to what what we should do, whether or not we should join that fight. If you
recall, the recommendation, not just from me, but from Brian's firm uh and uh all all the attorneys that have work worked on this with Emerson was not to enter into that uh lawsuit because we felt that it was a loser and um and
there was I believe they wanted $20,000 of taxpayers money committed with a bottomless pit pit with no um end in sight to it. Well, um I I want to report if if it hasn't been reported, I'll officially report tonight that lawsuit
lost in lost at trial and lost in the federal and excuse me in the appellet division pretty easily. And um so it's wasn't that the burrow didn't want to fight. Of course, we we want to fight anything that's being put upon us that we don't feel is correct. But in that
particular case, you know, people bring lawsuits uh for different reasons. governments bring lawsuits for different reasons. We had concluded at that time that that lawsuit was brought for anything but what the law enumerated and
and stated. And so um you know I want to congratulate the mayor and council for uh for handling that situation. I know there was a lot of political pressure because people want to fight and I'm for a good fight all the time. But when there's something that you can't win and
and and the law doesn't match uh the facts, uh you you this this governing body did an excellent job of avoiding wasting taxpayers money. >> Okay. Thank you, John. Um uh as you can see, the seat of the off uh burough
administrator is still empty. Um uh so I wanted to ask Triessa who has been helping out with some of those um items that are coming through to that office. Um Lauren has been helping out. Uh Trius has been helping out. I've been in Burough Hall a little bit doing some
of the stuff and I just wanted to uh have you give a administrative um report on some items that are on the agenda this evening. >> Sure. So on tonight's consent agenda, there's two resolutions relating to the deer management grant that was awarded
to the borrow by the D. Um one resolution is to accept the grant agreement and the other is to appropriate the funds. We are moving along in the grant process and hope to have the drone study done over the coming winter months while the trees are mostly bare and visibility is higher. Um
the other grant that we have been working on is the ADA senior center doors project which is being funded by CDBG. Um the grant is for the amount of $85,500. The burrow went out to bid on this project and the bid submission that was
received came in over budget. So tonight, the governing body will vote um on consent agenda on a resolution to reject the bid and authorize advertisement for a second public bid which will be rescheduled for sometime in December and I am working with the
burough engineer uh to choose a date for that. >> Thank you, Triest. >> Okay. Um that brings us to 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 time and
all who wish to speak, please keep your comments brief and concise. Uh, may I have a no a motion to open the meeting to public comments? >> Second. >> All in favor? >> Okay, we're open. Seeing no hands other than Brian or no people other than Brian. Uh, may I have a motion to close
the meeting to general comments from the public? >> Second. >> All in favor? >> We are closed. And that brings us to resolutions on consent agenda. They are considered routine and will be enacted by one motion of the council and one roll one roll call vote. There will be
no separate discussion of these items unless a council member requests an item to be removed for consideration. May I have a motion to approve consent agenda resolutions 269-25 through 282-25?
Before we do that, I'd like to uh make a motion to table resolution 281-25 uh until next meeting. Um I think we need to gather a little more information there on a project with such a large scope and uh different variables with
different municipalities and government organizations involved. I think we need to clarify some of that before we move forward. >> Uh I agree. So uh Triesta, we're going to pull 281-25. >> Okay. All right. So, can I have a motion um to approve consent agenda with the
removal of CA281-25? >> So, move >> second. >> And a roll call, please. >> Uh, Councilwoman Rice, >> yes. >> Councilwoman Sers, >> yes. >> Councilman Ellis, >> yes. >> Council President Argenzia, >> yes. >> Councilman Timberman, >> yes. >> Counciloman Chelino,
>> yes. >> Passes 6. Very good. We are now going into closed executive session to discuss matters except from the public pursuant to NJSA 104-1 at SEAC and adequately noticed by resolution 283-25.
Uh may I have that motion? >> Second >> and a roll call, please. >> Councilwoman Rice, >> yes. >> Councilwoman Syers, >> yes. >> Counciloman Ellis, >> yes. >> Councilwoman Arjenzia, >> yes. >> Councilwoman uh Timberman, >> yes. >> Councilwoman Chelino, >> yes.
>> That passes 6. Thank you. Members of the public may remain on YouTube while we go into uh executive session at w and when we come out um at which time formal action may Okay. May I have a motion to reconvene? >> So move second.
>> Uh do we h all in favor? >> I >> uh do we have any business to discuss? >> I didn't think so. Um hearing no other business to be heard. May I have a motion to adjurnn at 9:17 p.m.? >> Second. All safe.