Borough Council - Regular Meeting

I can I can end it. Oh, that's right. You can do that. I'll do that once I get the YouTube on. Okay, we're good to go. We're good to go. All right, I will call the meeting to order. Roll call, please. Mayor Kenos here. Mr. Mr. Ruse, here. Mr. Zon here. Mr. Trainer is absent. Miss here. Mr. Zazerino here.

Right. Notice of this meeting was provided to the Burnsville News and Courier News filed with the municipal clerk and posted on the municipal bulletin board on February 24th, 2026 and revised on March 3rd, 2026 to add resolutions 26-71 and 26-72. If we can stand for the pledge of allegiance, I have my flag. I pledge allegiance 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.

Thank you. Okay. Uh, welcome to the March 9th, 2026 meeting of the Who's talking? Jack was talking. Yeah, we can hear you. Okay. Wait, you okay, Jack? No, I am. Oh, okay.

Lost time for a minute. Welcome to the March 9th, 2026 meeting of the Burnersville Burough Council. Members of the public will be allowed to speak during the open sessions and during formal public hearings on the agenda. Comments will be limited to three minutes per speaker, which will be monitored and forced by the burough clerk. Failure of the governing body to provide a live broadcast of this meeting or technological problems encountered during the course of the meeting that affect remote viewing and or participation will not invalidate this meeting or any action taken including but not limited to the adoption of any ordinance resolution or motion. So now we have our first open session for any item that is not listed for a public hearing. So if anybody has just a general comment they want to make uh we will have separate hearings on the ordinances that are on the agenda. Anybody in the public wish to speak? Robert Richardson. Oh, I like your background. Hi, Mayor and Council. I just had a quick question this evening regarding the West Street oil and Terrace road construction that's supposed to be happening. Um I think it was back in 2022. You can correct me if I'm wrong. Um we met on Bernard's Avenue. We had the council some council was out. We had posters. the uh people came out and looked at the plans, had any questions asked, answered that they had asked, things of that nature. As we moved forward in time, the route of the paving and the sidewalk had changed from going down West Street to Borland. Um it's now

going on Prospect and then down Center. And just this last Thursday, uh they were marking out the road. Um, so a couple items came up uh that were of a little bit concern. I did go into uh Barrel Hall. Anthony was kind enough to provide me access to the drawings. It seems the drawings that I reviewed last fall are not the drawings that are necessarily going to be built. the people on the street, the four people that were out, um, one gentleman from the town and two from the construction uh, company, I believe they were mentioning things like 5-ft sidewalks now, which is way above and beyond what is required by ADA. They were mentioning standup curbs on the sidewalk side, not laidback to prevent uh, cars from parking on the sidewalk. And the most disturbing thing that was said was they were trying to keep a consistent width from of West Street from Prospect all the way down. As you know, as you get closer to Burner Avenue, the road really widens out in front of the condom the condominiums over there, the town houses. So my question is, they said they were going to be starting in early April, which is less than four weeks away. Do we have final plans for the public to review is number one. And number two, my fear is that West Street is going to become a one-way road. If you're not going to give all the asphalt the maximum width by making the sidewalk wider and you're pinching it and making it much more narrow than it is now, my fear is that this road is going to be a oneway all the way from Boiland to Bernard's Avenue. Um, so I was just looking for a little bit of uh transparency of of of what they're doing

on my particular property. I have a dog fence, I have sprinklers, and I have concrete. I asked them how far they were coming and they were they said to me that they were trying to make it better. I think making it better means not having a grass strip between the sidewalk and the curb, which isn't going to grow anyway. But I have contacted contractors to get ahead of this before the work starts. Um, trying to be proactive. But I am not confident that I have the correct set of plans that these people are going to be working from. I understand things happen during the course of construction, but there's not even a shovel in the ground yet. So, I'm trying to again get ahead of it and review the plans that that they're actually going to execute.

Okay. Um I don't know. Nancy, do you have any input on that because like we don't have them with us or know what's they are. I do. Um so it was uh the engineer. It was two people from the engineer along with the public works director and um I'm not sure about the five foot wide sidewalk. So I will look into that. Um there's no intention to make west one way. Um the I did review these plans with you, Mr. Richardson, back in like a year ago. Yeah. Was it September? Okay.

It was in September.

Um yeah. So I did I did inform you that I think you knew because you brought it up that anything that was in the rightway you you know you had to remove. Um, we're in discussions with the engineer about replanting landscape or fences, but we're not going to be able to do the sprinkler heads or the dog fence that are in the rightway. I think you knew that. Um, so, and you're right, there is going to be no grass strip because there's not enough room for that. Um, so the only thing that I'm not clear about is the five foot sidewalk. So, I will find that out and let you know. Make sure you're looking at the right plans.

Have they changed since September of 20? The only The only So, we've been through Yeah. two engineers since then. Um, the only thing that I know for sure that changed is that the sidewalk is going to be on the southern side of Boland, not the not the railroad track side. because we made that change the other day. Um, so I would have to compare both sets of plans so we can take care of that and then make sure that you see the correct ones. Okay. Thank you, Nancy. Yeah.

Thank you, Robert. We'll get that answer to you.

Um, anybody else have a comment? Uh seeing none, I will close this public session and we will move on to ordinances. Um so I will open the public hearing on ordinance 2026 2040 an ordinance concerning affordable housing set aides and amending article 13 of the burough land development regulations entitled affordable housing. Would anyone like to be heard on this ordinance? Mayor, if I may interject, this ordinance is being superseded by ordinance 2043, which is the DCA model ordinance, which came out after ordinance 20 401 was or 40, I'm sorry, was introduced. So, I would ask the council to vote this ordinance down. As I say, it's been superseded by the DCA ordinance, which we've adopted as 2043.

So, then there's no point in having a public hearing on it. So, I will close the public hearing. Um, who's got it in front of them? Charlie, you want to read it? Um, yeah. So, I'll just say I move to um not pass. No, just read it that way and then we vote no. Okay. What if nobody moves it? Okay. Then it does in the fine, but I'd rather have a clear record. So, yeah, it's clean that way. All right. I move to pass ordinance 2026 2040 on final reading and adopt as published. Do I have a second?

You're muted, Ross. We're getting rid of 40 or 41. 40 down. 20 40. Thank you. Okay. Gotcha. Yep. Sure. So, is that a second? I'll second. Okay. So, we need a roll call. Yes, please. Mr. Abero, no. Mr. Voting yes to vote it down. Well, no. He moved to pass it. I'm sorry. He moved to pass it. So, I was right. Stand corrected. Yeah. Uh, Mr. Ruse, no. Mr. Zon, no. Despite me introducing it, Mrs. No.

Mr. Zazino? No. Okay. All right. So now this one is good, right? 2041. Yes. So we're going to open the public hearing on ordinance 2026 2041 and ordinance adopting zoning regulations necessary to implement the burough's fourth round settlement agreement with fair share housing center and supplementing and amending various sections of the burough land development code. Um and basically what this this is the zoning that is required in the settlement. So it's not anything we can change. Correct. This the court. This is from the court

of the three new affordable housing sites. And it's anticipated that we'll enter into redevelopment agreements with all three developers and therefore the redevelopment plan will override uh this ordinance, the redevelopment plans for all three sites. Okay. All right. So would anyone in the public like to be heard on this? Seeing none, I will close the public hearing. Uh Ross, you want to do that one?

2041 page. Uh oh, I got it at the top. I move to pass ordinance 2026-2041 on final reading and adopt as published. Second. All right. Roll call, please. Mr. Zazarino, yes. Missra, yes. Mr. Yes. Mr. Ruse, yes. Mr. Rivero, yes.

Uh, okay. So, now we have a public hearing. I will open the public hearing on ordinance 2026 2043. What happened to 42? That that's on the March 23rd agenda because that that didn't need to be adopted at this time. So there is a 42 but that's on March 23rd public hearing.

Got it. All right. So, this is an ordinance repealing and replacing chapter LD13 affordable housing, including LD13-9 development fees of the burough land development regulations and adopting updated affordable housing and development fee regulations based on the model DCA ordinance and that is the Department of Community Affairs. No wonder what DCA is. Would anyone like to be heard on this ordinance? Um, not seeing any. So, I will close the public hearing. Who's got I can do it, mayor.

Okay. I move to pass ordinance 2026-2043 on final reading and adopt as published. Thank you. All right. Roll call, please. Mr. Rivero. Yes. Mr. Ruse. Yes. Sorry. That's it. Mr. Zam, yes. Mrs. Mara, yes. Mr. Zazerino, yes. All right. We now have resolutions 2651, 52, 53, 71, and 72. Um, I thought we didn't we already do Piaza?

We we did, but we just did it in a form of a professional services resolution with his firm. So, I thought we should make it clear that what his duties are is to serve as the administrative agent.

Okay, cool. Got that. All right. Um, anybody want to talk about any of them separately? No, we're good. Christine, you want to move those? I move that resolutions 26-51 to 26-53 and 26-71 to 26-72 be adopted. Need a second. Second. All right. Roll call, please. Mr. Zazino, yes. Missra, yes.

Mr. Zam, yes. Mr. Ruse. Yes. Mr. Rivero. Yes. That's it. Thank you. I will file all of these ordinances and resolutions with the court by the March 15th deadline. Excellent. Got it done. I don't know how, but we did. Thank you, Jack and Nancy. Scrambling. Thank you. And Anthony for all these extra agendas. And yeah, thank you for meeting so frequently. It was a tough deadline to meet. Yes. Unrealistic. Yes. All right. Do I have a motion to adjurnn? So move.

Second. I'll second. All right. We are adjourned