City Commission

484 Richard C. McCarthy Commission Chamber Millville City Hall Regular Meeting August 15,2023 ,7: 00 P.M. The Board of Commissioners met in a REGULAR MEETING with Mayor Orndorfpresiding. Members present: Hewitt, Sooy, Watson, Romanik and Orndorf. City Solicitor, Brock Russell was also present. Salute To The Flag Mayor Orodorf led the salute to the flag. Open Public Meeting Statement by Mayor Orndorf "This meeting is being conducted in accordance with the Open Public Meetings Act of 1975 and was advertised, posted, and made available to the public as required by Statute. The Municipal Clerk is directed to include a statement in the minutes of this meeting." City Clerk To Review Changes To the Agenda Mayor Orndorf asked the City Clerk if there were any changes to the agenda with Jeanne Parkinson, City Clefk, responded and provided the following changes to the agenda. Additions: I. Presentation on Four Seasons development by the Engineering Department 2. June 20, 2023 Regular Meeting Minutes 3. Police Department Rep0l1s 4. Ordinance 151 Reading - Salary Ordinance adding new title and salary for Business Manager 5. Resolution appointing Miguel Mercado as Public Agency Compliance Officer Removals: I. Resolution adopting the Urban Enterprise Zone Loan Program Policy and Procedure Manual. 2. Resolution authorizing an app lication to the New Jcrsey Urban Enterprise lone Authority for First Generation Enterprise Zone Assistance funds in the amount of $1,000,000.00 to establ ish a UEZ Revolving Loan Fund . 3. Resolution of the City of Millville authorizing a Non-Binding Referendum to be placed on the General Election Ballot to be held on November 7, 2023. Presentations Presentation on Four Seasons development by the Engineering Dcpartment. Wayne Johnson, City Engineer, provided a brief overview and history of the Four Seasons Development and advised one of the greatest enemies ofa contractor is time due to financing costs and labor costs, therefore they constantly seek ways to cut costs and time. Torresdale Street is a road in the development that suffered due to a compression of time and as result the contractor built on top of unconsolidated and unacceptable subgrades. This administration inherited the unacceptable condition of Torresdale Street that it is a hazard to drive on due to the waves and depths over 6 inches deep and after numerous inspections and meetings with the contractors and developers it eventually resulted in the complete reconstruction of that roadway. which took over a year to complete. Wayne Johnson stated that currently Four Seasons has 190-some constructed homes with 56 more homes planned for Phase 3D, which has not been approved yet because they are still reviewing the plans and have halted the approval due to safety isslles that were not completcd ie: roadways and strectlighting that they found to be unacceptable. Wayne Johnson and Michelle Nothaft, Assistant Engineer, provided a power point presentation that contained photos of the FOllr Season Development that illustrated the following conditions: Photos were labeled as follows of Torresdale Street Pre-existing Conditions of Phase 2D • Ponding and Uneven Pavement • Depth of Uneven Pavement  485 • Large Uneven Pavement & Poor Patching Photos were labeled as follows of Torresdale Street Reconstruction & Repaving Phase 20: • Marked Areas to Be Reconstructed • Milling and Reconstruction • Reconstruction • • Before Base Paving Base Paving Photos wcre labeled as follows of Typical Items Throughout Four Seasons Development Phase 2C and 2D: o • Crooked In lets • Crooked Fire Hydrant • Connections Laying Water • Subsurface Water Removal • Manhole Above Grade • Broken & Poor Condition Curbing • Noncompliant ADA Ramps & Missing Curb • Collapsed Pipe With No Stiffener • Collapsed Pipe Repair Photos were labeled as follows of Current Outstanding Items Throughout Development: • Map of Developer Lighting Plan- Phase 3- 9 Proposed Lights • Map of ACE Designed Lighting Plan- Phase 3 - 21 Proposed Lights • Outstanding Itel11- Exposed Electrical Wires • Crooked Light Post & Incorrect Type and Diagram of Proposed & Approved Lighting Fixtures • Electric Not Connected to Light Post • Irrigation Pump from Pond- 'Treatment System" • Pond Overllow • Overgrown Basin. Dead Trees & Unstable Ground with No Seeding Along Whalion (Power Poillt Presel7latioll is Oil file ill the City Clerk's Office) o Michelle Nothall and Wayne Johnson both expressed their displeasure and annoyance of the amount of time it took the developer to correct Torresdale Street which was a complete disaster noting the developer built on top of uncompacted, unsuitable subgrades that they tried to repair numerous times, but never worked and eventually they had to hire an outside contractor to mill the entire street and reconstruct it and adviscd it is thc worst roadway he has ever seen in his 40 years of engineering. Michelle Nothaft reviewed the developer' s proposed lighting plan in their site plan submission to the Zoning Board for Phase 3 of the development, which included 9 proposed lights and for due diligence purposes the Engineering Department forwarded that lighting plan to Atlantic City Electric, who had it reviewed by a subcontractor. who submitted a full design of lighting that included 21 lights, which is a dramatic difference to the developers plan. She further added the lights that have finally been erected are crooked and have exposed wires that are not connected to power. Michelle Nothaft and Wayne Johnson addresscd the irrigation pump that is installed in the development. which the IIOA refers to as a Trcatment System for the pond, with Wayne Johnson stating that it is not trcating the water in any l11anner whatsoever. Wayne Johnson asked if anyone had any questions and stated that they are here to try to help and stressed they work for the residents of the City of Millville and do not work for the developer. Dr. Reidenauer stated she lives on Whalion Street, the tirst phase of the new development, and extended her appreciation to Wayne Johnson and Michelle Nothaft for taking numerous calls from all her 0 neighbors with their concerns and they did a great job in detailing some of the major concerns in their presentation this evening. She advised them the mailboxes are not ADA compliant and are on a curb that is approximately 8 inches high and reminded that they are a 55 community and have residents with specialnceds. She further advised she has 5 to 6 inches of standing water in a waterway behind her home that is not graded properly and is infested with mosquitos. they have received assistance from the Cumberland County Mosquito Commission but has received no remedy from the developer. Multiple residents from the Four Seasons Development expressed their concerns of ongoing issues with high grass, swales, bugs, rats. cracked aprons. road conditions, illegal dumping, etc , and lack  486 . , of response from the developer and would like to know what their recourse is in getting the poor conditions of the development addressed. Vice-Mayor Sooy explained the city has some areas that they have authority over and there are some that they don ' t and engineering is at the development almost on a daily basis with the inspector and advised the next phase of the development is not going to be approved until the problems arc fixed that are within the city's jurisdiction, but the city does not have the authority to control situations such as high grass in undeveloped areas. Brock Russell advised the bond will not be released until they make the proper corrections and make sure they follow the site plan that was approved and if they willfully refuse to complete the conditions or aspects of the site plan then the Zoning Officer would cite them for not complying with the zoning requirements. He assured everyone the city is looking into every possible tool that it has to make sure the job gets done right. Vice-Mayor Sooy stated the developer has not been very cooperative and the city is doing everything possible in putting as much pressure on them as possible. Discussion ensued on whether the city can legally put a hold on the approval for the additional homes as a result of non-compliance and it was noted the Planning Board did not approve the developers next phase because they are well-aware of the ongoing issues, therefore they do not feel comfortable allowing the developer to proceed with Phase 3 and the city is doing everything possible to hold them accountable for the ongoing issues with the development before they can proceed with Phase III. Mayor Orndorf assured the residents of the development that they have the city's full SUppOJ1. FU11her discussion ensued regarding the lighting in the development and the problems with the mailboxes being ADA compliance and no lighting where they are located. Further discussion took place regarding the water quality from the irrigation and conccrns by the residents that the results of the testing has not been available to them with Vice-Mayor Sooy authorizing Wayne Johnson to pull another sample with fUl1her discussion on how the testing is performed. Chris Bud advised the governing body the developer is currently working on Phase 3, although he has been told to stop and has pictures with Wayne Johnson advising the developer was told yesterday they can't do anymore work on Phase 3 and in addition they discovered there is no escrow from the developer and the only good news he has at this point is the city has their bond and there is no approval for Phase 3. Debra Ciarlante stated she is extremely concerned that EMS does not have correct directions to the new addresses in the development, which has caused delays in their response times to medical emergencies and advised that all the new streets do not have street signs yet. Mayor Orndorfthanked everyone for attending and urged everyone to keep communications open to all problems and advised the city is committed to holding the developer to the site plan that was presented and approved. Bills Vice-Mayor Sooy made a motion to authorize the payment of the bills. Commissioner Hcwitt seconded the motion. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson. Romanik and Orndorf. Minutes Vice-Mayor Sooy made a motion to approve and dispense with the reading of the following minutes and to proceed with the regular order of business: I. June 20, 2023 Regular Session Commissioner Hewitt seconded the motion. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Public Comments on Agenda Items Only Mayor Orndorf declared the public comment portion on agenda items only open and asked if any person present wished to be heard.  487 A Representative of Zentugo stated there is a resolution in support of Zentugo of Franklin Park, which is for 140 I Wheaton Avenue and stated they are moving forward although it has been challenging with Atlantic City Electric and advised they are going to be a large extractor and they will have the capability of producing 200 pounds a day and would sta.1 by providing 5 to 10 jobs and if they grow they would be looking at up to 40 jobs. Mayo.' Orndorf inquired if the company has received their license from the State of New Jersey yet with the representative advising they are st ill waiting to receive their license and added that the company is also waiting on their license Ii'om the state on the retail. Mayor Ol'l1dorfstated that they also sell CBD oil online and indicated that they were denied a letter of support from the Franklin Township Board and asked why they are coming to Millville with the o rcpresentati ve responding that Franklin. New Jersey, Somerset County, actually approves their resolution and zoning Ictters in mass of which Zentugo was included in and there was no denial. Patricia Kears inquired about the salary ordinance on first reading establishing a Business Manager and asked if every department has a business manager with Vice-Mayor Sooy responding that there is someone in charge of each depa'1ment, but their titles arc not business manager. Patricia Kears asked if there is anyonc in that position currently in that department and asked who is currently managing the depa.1mcnt with Vice-Mayor Sooy responding that currently there is a part-time manager and they are making it a full-time position that requires more qualifications than the present manager possesses. Patricia Kears also questioned the resolution amending the Rivell contract and asked if it is an upgrade to the current services with Commissioner Hewitt responding that it is bringing an IT person in- house for two days a week and they will be updating the IT system in the Police Depa'1ment, which has been needed for a very long time. o Patricia Kears asked if the contract for environmental services is an extension of the vendor's contract with Vice-Mayor Sooy responding it is for the period of January 1,2023 to December 31,2023 noting the contract expired in 2022. Patricia Kears also expressed her appreciati on to the governing body for removing the non- binding resolution li'om the agenda. There being no further comments Mayor Orndorf declared the public comment p0l1ion closed on agenda items only. Petitions and Letters Vice-Mayor Sooy made a motion to receive and fi le a lettcr from Commissioner Hewitt resigning as the Mayor's designee 10 the Planning Board. which was seconded by Commissioner Hewitt. Mayor Orndorf cxtended her appreciation to Commissioner Hewitt for stepping in for her while her daughter was recovering from surgery. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Reports of Commissioners Commissioner Romanik Commissioner Romanik reported thc next Zoning Board Meeting will be held on September 7. 2023. at 6:00 p.m. and the next Planning Board Meeting is scheduled for September 11,2023, at 6:30 p. m. and annou nced that Itzel Torres is the new Planning Board Secretary. o Commissioner Hewitt Commissioner Hewitt reported the Community Policing Unit held a popup Play Street at Wood School, which had a good turnout and extended his appreciation to the Community Policing Unit and also thanked everyone in his department that attended the meeting this evening in support of the non-binding resolution. which was removed in the work sess ion.  488 Commissioner Hewitt made a motion to receive and lile the Fire and Police Ocpal1ment Repol1s for the month of July 2023, which was seconded by Vice-Mayor Sooy. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson , Romanik and Orndorf. Commissioner Hewitt reminded everyone of the ordinance regarding fining gas stations that provide gas to unregistered dirt bikes and four-wheelers and advised that he was at WaWa at Main and Sharp Street and there were 14 dirt bikes and four-wheelers there and some were being fueled, which he reported and although the Police Department cannot pursue the riders the gas station will be fined $250.00 per bike they fuel. Commissioner Watson Commissioner Watson provided the Streets and Roads Report and advised that brush collection will begin on September 5, 2023 any questions, please contact Streets and Roads Oepal1ment at 856-825- 7000 Ext. 7388. Vice-Mayor Sooy Vice-Mayor Sooy repol1ed the second clarifier for the sewer plant became online yesterday, which will be closely monitored for a few weeks to make sure it is properly working. Vice-Mayor Sooy announced the contractor for the demolition of the former rescue squad was provided an order to proceed and will be beginning soon. Vice-Mayor Sooy made a motion to receive and file the Tax Collector's Report for the month of July 2023, which was seconded by Commissioner Hewitt. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Mayor Orndorf Mayor Orndorfreported on the upcoming events in the City of Millville and extended her appreciation to all the city employees for working hard in cutting the grass on these really hot days. Ordinances 2"d Reading The City Clerk read the following ordinances on second reading: Ordinance No.2 I -2023 amending Millville City Code Chapter I I ("Bureau of Permits and Inspections") so as to add new Article XV ("State Mandated Lead Paint Inspections"). Commissioner Hewitt made a motion to table the ordinance because he is questioning the price of $ I 00.00 for landlords to register houses that were built before 1978 and he is questioning the ree because the State of New Jersey recommended a fee of $20.00 and would like it tabled so they can review the $100.00 fee. The motion was seconded by Commissioner Watson . Mayor Orndorfasked Commissioner Hewitt ifhe is seeking to ensure the city is in compliance with the state law with Commissioner Hewitt clarifYing that he wants to ensure that the city is in compliance with the State of New Jersey law, which is 24 pages long and the city ordinance is only 4 pages long. Brock Russell advised they have discretion as to the amount of the fee and believes that Commissioner Hewitt is questioning whether the $ I 00.00 fee is excessive. Vice-Mayor Sooy stated an inspector is not going to conduct an inspection for $20.00 with Commissioner Hewitt interrupting and stating that city inspectors don ' t conduct the inspection with Vice- Mayor Sooy agreeing and again advised him that they are not going to get a contracted inspector to conduct an hour inspection to look for lead paint for $20.00. The motion to table the ordinance failed, by the following vote: Yeas: Hewitt and Watson. Nays: Sooy, Romanik and Orndorf. Commissioner Romanik moved for the adoption of Ordinance No.2 1-2023 amending Millville City Code Chapter I I ("Bureau ofPerrnits and Inspections") so as to add new Article XV ("State Mandated Lead Paint Inspections") on second and final reading. which was seconded by Vice-Mayor Sooy.  489 Commissioner Hewitt stated he has his initials on items he places on the agenda and inquired who had the ordinance placed on the agenda and who determined the amount. Vice-Mayor Sooy stated meetings occurred between the City Solicitor, the Administrator and the fifth floor in order to be compliant with state law and advised that when the fee was discussed they had to make sure it was commensurate with the cost of an inspection. Commissioner Romanik rurther added that they based the rees to what other nearby municipalities charge and it is in conjunction with the state requirements for all lead paint services and they have to pay the Third Party for the services. Commissioner Hewitt stated this is not a fcc that the city charges and is not a fee for a contractor o to go out, it is a State Registration fcc that the landlords must pay and his question is why is the city passing an ordinance that the landlords must pay $ 100.00 to the state and referenced page 24 of the state law with Vice-Mayor Sooy stating the city has to pay the administrative cost and must ensure the inspections arc conducted. Mayor Orndorf declared a public hearing open and asked if any person present wished to be heard. There being no response. Mayor Orndorf declared the public hearing closed. Thc motion was carried by the following vote. Ycas: Sooy, Romanik and Orndorf. Nays: Hewitt and Watson . Ordinance No. 22-2023 authorizing releasing property located at 311 N. 5th Street, Millville. New Jersey from A ffordable Housing Decd Restrictions. Vice-Mayor Sooy moved for the adoption ofthc proposed ordinance on second and final reading. which was seconded by Commissioner Hewitt. o Mayor Orndorf dcclared a public hcaring open and asked if any person present wished to be hcard. There being no response. Mayor Orndorf declared the public hearing closed. The mot ion was carried by the following vote. Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Ordinance No. 23-2023 authorizing amendment to Motor Vehicle and Traffic Regulations Municipal Code AI1icie X, Schedule 21 to ADD Parking Reserved for Handicapped Persons at 230 South 3rd Street. Comm issioner Hewitt moved for the adoption of the proposed ordinance on second and final reading. which was seconded by Commissioner Watson. Ma)or Orndorf declared a public hearing open and asked if any person present wished to be heard. Thcre being no response, Mayor Orndorf declared the public hearing closed. Thc motion was carried by the fol lowing vote. Yeas: Hewitt. Sooy, Watson, Romanik and Orndorf. Ordinances I" Reading The City Clerk read the following ordinances on first reading: An Ord inance repcaling Millville Codc Chapter 30 ("Land Use Regulations"), AI1icie XVIII ("Special Usc Design and I)erfonnanee Standards"), Section 30-203 ("Home Animal Agriculture") Subsection C (5) ("Apiaries"). Commissioner Romanik moved for the adoption orthe proposed ordinance on first reading, which was seconded by Commissioner Watson. The motion was carried by the foHowing vote. Yeas: o Hewitt, Sooy, Watson, Romanik and Orndorf. An Ordinance authorizing the City of Millville to acquire propelty known as 1110 Buckshutem Rd E.. Block 22 I, Lot 1476 (Additional Lot 1477) through deed in lieu of foreclosure.  490 Commissioner Romanik moved for the adoption of the proposed ordinance on first reading, which was seconded by Commissioner Watson. The motion was carried by the following vote. Yeas: Hewitt, Sooy. Watson, Romanik and Orndorf. Ordinance authorizing the City of Millville to acquire property known as 1114 Buckshutem Rd E., Block 22 1, Lot 1478 (Additional Lots 1479-1480) thro ugh deed in lieu of foreclosure . Vice-Mayor Sooy moved for the adoption of the proposed ordinance on first reading, which was seconded by Comm issioner Hewitt. The motion was carried by the following vote. Yeas: Hewitt, Soay, Watson, Romanik and Orndorf. An Ordinance amending the salary ordinance to add thc following new administration title and compensation: Title Minimum Maximum Business Manager $40,000 .00 $80.000.00 Vice-Mayor Sooy moved for the adoption of the proposed ordinance on lirst reading. which was seconded by Commissioner Romanik. The motion was carried by the following vote. Yeas: Hewitt, Sooy, Watson , Romanik and Orndorf. Consent Agenda The City Clerk read the consent agenda and noted that all matters listed under the consent agenda are considered to be routine and non-controversial by the Board of Commissioners and will be approved by one motion. There will be no separate discussion of these items unless a governing body member so requests, in which case the item will be removed from the conscnt agenda and considered in its normal sequence on the agenda. Resolution No. 218-2023 authorizing a special assessment to recoup cost to the City for the partial demolition of an unsafe structure at the property of 12-14 South 9th St pursuant to section 11-6 of the municipal code. Resolution No. 219-2023 authorizing a special assessment to recoup cost to the City for the emergency Sewer Line Maintenance at 800 Cedar Street-Carlton House Apartments pursuant to section 11-6 of the municipal code. Resolution No. 220-2023 authorizing adjustments in the Tax and Utility Records. Resolution No. 221-2023 authorizing the insertion of an additional item of revenue in the CY 2023 Budget which is now available from the State of New Jersey, Division of Highway Traffic Safety in the form of HTS State Pedestrian Safety Enforcement and Education Fund in the amount of $6,430.00. Commissioner Watson made a motion to approve all items on the Consent Agenda, which was seconded by Commissioner Hewitt. The motion was carried by the following vote: Yeas: Hewitt. Sooy. Watson, Romanik and Orndorf. Resolutions City Clerk read the following resolutions: Resolution No. 222-2023 authorizing support for the suitability of a Cannabis business with Zentugo of Franklin Park LLC at Block 264, Lot 10, 1401 Wheaton Ave. Commissioner Romanik moved for the adoption of this resolution , which was seconded by Vice-Mayor Sooy. Mayor Orndorfurged anyone who comes before the Planning Board to please come preparcd with all required information. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Romanik and Orndorf. Nays: Watson. Resolution No. 223-2023 amending Resolution No. 24-2023 and Resolution No. 160-2023 to reassign backup Department Directors. Commissioner Hewitt moved for the adoption of this resolution. which was seconded by Commissioner Watson.  491 Mayor Orndorf inquired if they were supposed to discuss the reassignment with each other to ensure the respective commissioners are okay with the reassignment with Commissioner Hewitt responding that there was no discussion the last time there was a reassignment and they are not allowed to discuss it with more than one Commissioner at any time unless it is discussed at a scheduled official meeting. o Mayor Orndorf stated she knows and understands that but was wondering why they are switching the current backups with Commissioner Hewin responding. as everyone is well aware, he spent some time in thc hospital and he is just making the changes in the event he ends up back in the hospital for a lengthy time. Vice-Mayor Sooy stated that it is good to switch it up occasionally so commissioners can have the 0ppOJ1unity to get experience on how other depaJ1ments are run. especially for those governing body members who aspire to other political offices in thc future . The motion was carried by the following vote: Yeas: Hewitt. Sooy, Watson, Romanik and Orndorf. Resolution No. 224-2023 authorizing an amendment to the services contract with Rivell , LLC for Information Technology (IT) Management and Voll' Phone services to award an additional amount of $65 ,000.00 to provide additional services for IT staffing coverage. Vice-Mayor Sooy stated he is in receipt of the certification of funds and moved for the adoption of this resolution, which was seconded by Commissioner Hewitt. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Resolution No. 225-2023 awarding Franklin J. Riesenburger, Esquire of the finn of Flaster Grcenberg as Environmental Counsel for a one-year term from January 1,2023 to December 31,2023 in a not to exceed amount of $60.000.00. Vice-Mayor Socy stated he is in receipt of the cel1ification of fllllds and moved f<)r the adoption of this resolution. which was seconded by Commissioner Hewitt. The motion was carried by the following vote: Yeas: Hewin, Sooy, Watson , Romanik and Orndorf. Resolution No. 226-2023 authorizing the Tax Collector to accept an installment payment plan for waterlsewer connection fees with Innovation Foods, LLC in the amount of $240,220.00 in II equal qual1eriy installments of $20,0 18.33 each. beginning October I, 2023 and I final installment of $20,018.3 7. Vice-Mayor Sooy moved for the adoption of this resolution , which was seconded by o Commissioner Hewitt. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson. Romanik and Orndorf. Resolution No. 227-2023 authorizing to eliminate the requirement for claimant cel1if1cations for all "endors c"cept payments that exceed the current bid threshold, the advance or reimbursement of employee expenses, or for services provided exclusively and entirely by an individual, including sole proprietors. Commissioner Romanik moved for the adoption of this resolution, which was seconded by Commissioner Watson. TIle motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Resolution No. 228-2023 approving Deed Notice as to cel1ain City owned propel1y known as Block 461. Lot I. Commissioner Watson moved lor the adoption of this resolution, which was seconded oy Commissioner Romanik. The motion was carried by the following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Resolution No. 229-2023 to appoint Miguel Mercado to serve as Public Agency Compliance Officer in accordance with the New Jersey Administrative Code. Vice-Mayor Sooy moved for the adoption of this resolution. which was seconded by Commi ss ioner Hewin. The motion WaS carried by the o following vote: Yeas: Hewitt, Sooy, Watson, Romanik and Orndorf. Public Comment "ortioD There being no fUl1her business. Mayor Orndorf stated we have now reached the public comment portion of our meeting. Anyone who would like 10 address the commission, please go to the podium , state your name. and address your concerns. Please limit your comments to approximately 5 minutes. Eric Nyman, owner of Wild Flower Cale, stated he had conversations with cel1ain commissioners with Mayor Orndorf interrupting and asked Brock Russell to respond before Mr. Nyman continued.  492 Brock Russell explained zoning board hearing appeals are governed by the Municipal Land Use Law, specifically N .l.S.A. 40:55 D-17 which states "Such appeal shall be decided by the governing body only upon the record established before the board of adjustment", which means the governing body is not supposed to have a public hearing, that already occurred before the Zoning Board of Adjustment. He reminded everyone that an individual wanted to address the same issue at the public comment portion at the last Commission Meeting at which time Mr. Russell advised him that he could not address the issue because the governing body will be sitting in a quasi-judicial capacity and their consideration is limited to what is before the board. Mr. Nyman stated this is a public comment portion of thc general meeting and has a right to comments as a member of the general public and as a Millville business owner and advised they can strike his comments from the record if they need to with Brock Russell responding that Mr. Nyman cannot convel1 it into a hearing, which is what he is attempting to do with Mr. Nyman urging Mr. Russell to please hear him out and if he feels it is inappropriate Mr. Russell can ask everyone to disregard. Mr. Russell again asked Mr. Nyman to not comment about the pending application that is before this board of which a Special Hearing is scheduled to be held at the request of the applicant' s attorney on August 22 , 2023. Mr. Nyman asked if it is alright if he speaks on general issues with Brock Russell responding it is not alright if Mr. Nyman is going to comment on the pending application . Mayor Orndorf further advised Mr. Nyman has already mentioned he has already emailed each commissioner and the city solicitor is asking he not comment on them as they pertain to the case with Mr. Nyman responding that the solicitor and some members of the governing body have done some things that are under legal review and asked if he could please speak with Mayor Orndorf responding he may speak if it does not pertain to the matter that is under litigation. Mr. Nyman stated his business has been located in the City of Millville for over thirteen years and named multiple businesses that have opened and closed on High Street in the City of Millville over the past 10- 15 years and stated his business, Wild Flowers, is open 7 days a week and has had dozens of positive news articles, the Chamber of Commerce awarded them a Pride in Millville Paltnership Award a few years ago because they played nice with the local government and other businesses in trying to do some good things in the area and until recently the city has been fantastic, cooperative and has shown a degree of respect and professionalism , but effectively the governing body and some city employees are advising him they have to put on this cloak of impaltiality and they can ' t be swayed or influenced in the upcoming Special Session scheduled to be held on August 22"" and some of them have already made comments against the Reese's House Community Center project at 66 Sassafras Street. Brock Russell interrupted Mr. Nyman and advised him that is not true and in fact they have received a lot of email s and correspondence from people acting on behalf of one of the parties, which is improper and again advised him they must follow the rules. He fUlther explained that the Municipal Land Use Law states there is this thing called the "record and it was the record created at a public hearing before the Board of Adjustment" and the city must abide by that and further advised that in his opinion this is not the last stop for this case regardless of what the governing body decides and the case will probably end up in Superior Court, noting the Judge will be in the same situation and will not be able to consider something outside of the record and bel ieves Mr. Nyman wants to influence the governing body to consider something that is outside ofthc record, which they are not permitted to do. Cindy Cooke reported she has received the official Report of the Point and Time Survey. which is a nationwide survey that is conducted to count the homeless across the country and provided the statistical results of the report for Cumberland County and Millville. Mary Messick addressed the Mayor's earlier question of why they call the last day of Play Streets, Back To School Night and advised it is because all of the children receives book bags filled with the fundamental basic school supplies in order to start school. There being no further comments Mayor Orndorf declared the public comment pOltion of the meeting closed and asked for comments by the Commissioners. Commissioner Watson extended his appreciation to the governing body for the opportunity to grow and is proud and honored to have the opportunity to work with Commissioner Hewitt and Public Safety. Commissioner Hewitt welcomed Commissioner Watson aboard .  493 Vice-Mayor Sooy addressed Mr. Nyman, extended his appreciation for his Millville business, and advised him he was one of the ones who did not respond to any of his emails, nor any email regarding that subject matter due to the hearing. Mayor Orndorf thanked the engineering department for their informative presentation this evening. There being no further comments, the meeting was adjourned on a motion by Commissioner I-lew itt and seconded by Commissioner Watson subject to the call of the chair. All were in favor. None were opposed. Respectfully submitted, o o o  494 OI;:~.' r., ~i~l (::'1' :'1 ~!Ll~!l.( t;:l~ lfII ~J'cII~~ O)"ctr LiI:~r1 Sy ~fr40r :: ~., T~'PI!: .1,1I H': ",.~ : ~ _.... taftg!: .irn :0 .IS: IIt'kl ft "I'rv: h for~t: C.~denud : d c OJ:, .\,~~t: @Jc..: m to ')(MI1! 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