Presentation for Tree Canopy Management Environmental & Shade Tree Commissions

Transcription

1 183. Executive Meeting of the Mayor and Council of the Borough of Haworth held on September 12, 2017 at the Municipal Center Present: Councilmembers: Borough Attorney: Hon. John W. Smart, Mayor Glenn Poosikian Andrew Rosenberg Anthony Volpe Michael Bain Lawrence Weiss Regina Duffy Robert T. Regan Mayor Smart called the meeting to order at 7:30 PM and upon roll call all members of the Council were present. The Mayor then read the following statement: This is an Executive Meeting of the Mayor and Council of the Borough of Haworth. I am informed by the Clerk that adequate public notice has been provided by mailing notice to The Record, by posting a notice on the bulletin board in the Municipal Center, by filing a copy of the notice in the office of the Municipal Clerk and by mailing notice to all persons who requested same and prepaid the same. Presentation for Tree Canopy Management Environmental & Shade Tree Commissions Mayor Smart welcomed Mr. James Zagelmeyer, chairman of the Environmental Commission and Mr. Joseph Allegro, chairman of the Shade Tree Commission and gave the background for their proposed ordinance in connection with damage to trees due to development, storms, etc. Mr. Zagelmeyer referred to the significant value of the Borough s tree canopy, noted an inventory has been taken of all the trees on Borough property and there is a lot of overhang needing to be pruned. He said there is a 20% reduction in the tree canopy, recommended a 3-5 year plan for a vegetative management program and funding for the Borough s tree farm which is an asset, needs to be replenished. Mr. Allegro explained the role of the Shade Tree Commission, said the Borough is losing a lot of trees, there is a need to protect trees with a long range view, builders are removing trees and clear-cutting is a significant loss. He said the theory for their proposed ordinance is to make it simple on the homeowner if a tree is taken down it needs to be replaced, trees add value to property and noted there is a new draft of the proposed ordinance. He further said if there is a dead tree or an emergency no permit would be required. Mayor Smart noted the permit fee and replacement of trees, the Borough has an ordinance for town trees and this ordinance would now include trees on private property, questioned how my asset could be someone else s, noting good legislation goes to a specific

2 184. Executive Meeting of September 12, 2017 Presentation for Tree Canopy Management Environmental & Shade Tree Commissions cont d. issue, there is an impact on the tree canopy, this ordinance is still a proposal and asked if Shade Tree would go to see where a problem is coming from. Mr. Allegro responded new building is adding to the problem, they added more protection in the ordinance, i.e., putting up a bond and fencing around all trees on the building lot. Mayor Smart questioned the status of the tree farm, noting it had been a problem with demand for the trees and now a surplus of trees, this year there are more people asking for trees and asked what is the present status. Mr. Allegro responded the tree farm is a great tool, now the Shade Tree Commission is involved in it and there was a town-wide in the spring to ascertain if residents wanted trees, noting there have been requests lately for trees, Mr. Weiss asked how they see the permit process working. Mr. Zagelmeyer said they would determine where the owner wanted to take down trees, then the town would look at the site, catalogue them, make sure the providers are insured and after the removal an inspector would go out to the property, working hand in hand with the building inspector. There was then discussion of who would do the inspections, etc. Mr. Bain commented that people have concerns with government reaching into their lives and asked what would happen if a permit was denied. Mr. Poosikian noted the number of calls received regarding dangerous trees and what would happen when the homeowner owns the tree. Mr. Bain said he did not want anyone telling him what to do on his property and he was getting community feed-back that this is government intrusion. There was discussion of fees and the cost of tree replacement. Mr. Rosenberg asked how the fees collected would be used. Mr. Zagelmeyer said more money is needed in the budget for tree management. Mr. Poosikian commented that all agree with their goals, however there has been overwhelming sentiment not to take away property rights. He then noted the Five Year

3 185. Executive Meeting of September 12, 2017 Presentation for Tree Canopy Management Environmental & Shade Tree Commissions cont d. Management Plan in connection with the Borough receiving grants, it was not a survey of all the trees and it was not accurate that 20% of the trees in town have been lost. He further noted this ordinance is aimed at the wrong people, it should be the builders, not the homeowner. Mr. Volpe said that having just received the new version of the ordinance he has not read it, asked how far reaching it is and that he was concerned the Borough does not have the resources to implement the regulations. Mrs. Duffy commented that she has not seen the revised document yet and thought they will get a good idea of how people feel. The meeting was then opened to the public for questions on the tree management program. Mr. D. Kurjian, member of the Shade Tree Commission commented on government intrusion. Ms. W. Lee, Pleasant St. asked what is the main goal of this ordinance, has there been a study as to incorporate into the budget the resources needed and regarding insurance, what is the homeowners responsibility. Mayor Smart responded it is to control the removal of trees, provide new planting, a new process to manage the trees and to fund it. Mr. Allegro added the main goal is to replenish trees. Mr. J. Rusick, Maple Street asked what percentage of the loss of trees is due to the homeowner and how do you measure the canopy when there are trees growing underneath. Ms. C. Soroka, Whitman Street and a member of the Environmental Commission commented that trees are important to health and well-being and contribute to air quality. Mr. P. Brach, Park Street asked what circumstances would there be for a denial for taking a tree down and if the tree farm is economically viable. Mayor Smart responded, in connection with the tree farm there are a number of trees which can be donated and Mr. Poosikian noted it is less expensive to buy whips for the tree farm. Mr. Brach then asked what is being done for an inventory of hazardous trees.

4 186. Executive Meeting of September 12, 2017 Presentation for Tree Canopy Management Environmental & Shade Tree Commissions cont d. Mayor Smart explained the Borough s process and reporting of those trees. Mr. N. Shirvan, Anstatt Way noted the permit process for a dangerous tree and trying to legislate on his property. Mr. D. Wright, Pine Lane, asked if the Borough has considered the liability process on private property. Mayor Smart then asked if the Commissions would re-consider what they have prepared. Mr. Allegro responded yes, they will take it back and it was noted to disregard what has been presented this evening. CORRESPONDENCE Letter From Subject Referred to Mr. C. Statile Review of Request re. 58 Schraalenburgh Rd. All Council Mr. Regan Mr. Rosenberg discussed Mr. Statile s letter and his recommendation, the deed restriction on the property and future development. It was concurred to authorize Mr. Regan to contact the attorney representing this property to indicate the Borough would not be selling the narrow Borough lot in this area. RESOLUTIONS Refund of Overpayment 2017 Real Estate Taxes The following resolution was offered by Mr. Weiss, seconded by Mr. Bain and unanimously carried: BE IT RESOLVED, by the Mayor and Council of the Borough of Haworth that the Tax Collector be authorized to refund the overpayment of 2017 property taxes to the following homeowner(s): BLOCK LOT REFUND TO: 2017 TAXES Steve Kwak & Alleen Cho 369 Wheeler Pl. $ 6, Haworth, NJ 07641

5 Refund of Overpayment 2017 Real Estate Taxes cont d Executive Meeting of September 12, 2017 BLOCK LOT REFUND TO: 2017 TAXES Whitman St., LLC 19 Phelps Ave $3, Tenafly, NJ Refund of Hot Dog Cart Permit Fee for property at: 28 Whitman St Haworth, NJ Total $ 9, The following resolution was offered by Mrs. Duffy, seconded by Mr. Weiss and unanimously carried: WHEREAS, the Haworth Girl Scouts obtained a Hot Dog Cart Permit, numbered , for their annual Swim Party held at the Swim Club on Monday, June 19 th, rain date of June 20 th ; and WHEREAS, a fee of $25.00 for the permit was paid, which covers the cost to refill the propane tank; and WHEREAS, the Hot Dog Cart was not delivered in a timely fashion so the Girl Scouts did not use it; WHEREAS, the Haworth Girl Scouts would like a refund; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council that the following refund be made: Name Address Amount Haworth Girl Scouts c/o Laurie Epstein $ Harrison Street Haworth, New Jersey Acceptance of Tree Removal Proposal The following resolution was offered by Mr. Poosikian, seconded by Mr. Rosenberg and unanimously carried:

6 Acceptance of Tree Removal Proposal cont d Executive Meeting of September 12, 2017 WHEREAS, the Shade Tree Commission sought proposals for various tree removals; and WHEREAS, two proposals were received; and WHEREAS, a proposal from Boulder Hill Tree and Excavating was the low proposal. NOW THEREFORE BE IT RESOLVED, to accept the proposal of Boulder Hill Tree and Excavating, 172 Broadway, Woodcliff Lake, New Jersey in the amount of $5, Approval of Maple Street DOT Change Order The following resolution was offered by Mr. Volpe, seconded by Mr. Weiss and unanimously carried: BE IT RESOLVED the Mayor and Council hereby approve the following change order: Change Order No. 1 JTG Construction, Inc. 188 Jefferson Street, Suite 387 Newark, NJ Reduction in As-Built Quantities Maple Street NJDOT Municipal Aid - $2, Authorization to Advertise for Bids for Playground Installation The following resolution was offered by Mr. Volpe, seconded by Mr. Weiss and unanimously carried: BE IT RESOLVED, the Mayor and Council hereby authorize the Borough Attorney to prepare bid documents in order to go to bid for the Playground Equipment Installation at Memorial Field and the Municipal Clerk be authorized to advertise for same. Approval of Payment of Bills The following resolution was offered by Mr. Weiss, seconded by Mr. Bain and unanimously carried: FOR COPY OF RESOLUTION AND BILL LIST SEE PERMANENT MINUTES PAGES 191A 191J

7 189. Executive Meeting of September 12, 2017 OTHER MATTERS Best Practices Inventory Mayor Smart explained this year s document is down to 25 questions, the CFO has completed the questions with 17 yes answers, 3 not applicable and 5 no resulting in a passing score. He discussed the no answers, particularly the policy regarding the use of borough vehicles which will be addressed. Veteran Tax Exemption Mayor Smart noted New Jersey law regarding veterans disabled during military service; a resident was found to be eligible and noted the effective exemption date. He said exemptions can be retroactive and the Borough has been asked to waive a portion of the taxes already paid for A motion was offered by Mr. Poosikian and seconded by Mr. Weiss to refund the 3rd quarter 2017 taxes and waive the th quarter. On roll call the vote was as follows: Ayes; Messrs. Poosikian, Volpe, Weiss. Nays Messrs. Rosenberg, Bain, Duffy. Mayor Smart voted no to break the tie and the exemption will be in effect starting in Quiet Zone Mayor Smart explained the process and the cost for the train horns not to sound at the Haworth Avenue rail crossing; meetings were held with CSX and NJDOT representatives and the cost has risen to $140,000 for various further improvements pedestrian gates, lane dividers, curbing in one center lane and upgrading of the electrical box. He said this project will not be pursued due to the cost. Open Meeting to Public The meeting was opened to the period of public discussion. Ms. C. Soroka, Whitman Street noted potholes on her street. Mr. Volpe said he will send the DPW to fill them. M. N. Shirvan asked who controls Lake Shore Drive into the Haworth Country Club. Mayor Smart responded the Borough has applied for a grant for this road, was turned down but will re-apply.

8 190. Executive Meeting of September 12, 2017 Open Meeting to Public cont d. bills. Mr. J. Ferber, Owatonna Street, questioned health benefits costs listed on the payment of Mayor Smart indicted this includes several payments. Ms. W. Lee, Pleasant Street suggested raising funds to pay for the quiet zone. There was discussion of the Borough of Closter participating in a quiet zone at the Lake Shore Drive crossing. Ms. B. Borghi, St. Nicholas Avenue discussed the quiet zone area which had been proposed for the Haworth Avenue crossing. As there were no further comments, the meeting was closed to public discussion. Close Meeting to Public The following resolution was offered by Mr. Weiss, seconded by Mr. Poosikian and unanimously carried at 9:50PM: WHEREAS, N.J.S.A. 10:4-12B permits a public body to exclude the public from the portion of a meeting at which certain items are discussed; and WHEREAS, the Governing Body deems it necessary to conduct a closed session and to exclude the public on September 12, 2017 at which time the following items will be discussed: Pending Litigation Declaratory Action Mordini T-Mobile NOW THEREFORE BE IT RESOLVED that the Mayor and Council does hereby exclude the public from the portion of the meeting at which time the above items will be discussed; and BE IT FURTHER RESOLVED that the discussion conducted in closed session will be disclosed to the public upon completion or conclusion of the foregoing items and when determined by the Governing Body that the Borough s interests will not be adversely affected.

9 191. Executive Meeting of September 12, 2017 Reopen Meeting to Public The meeting was reopened to the public at 10:00 PM and as there was no further business to come before the council a motion was offered by Mr. Bain, seconded by Mr. Weiss and unanimously carried to adjourn. Ann E. Fay, RMC, CMC Clerk-Administrator

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