meeting call to order Council memberz Anderson here council member Chapman here council member Clayton here Deputy Mayor Quinn here mayor Mo here please stand for silent prayer moment of reflection we will now salute the flag I pledge aliance 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 as to comply with the open public meetings act chapter 231 PL 1975 adequate notice of this meeting has been provided in the following manner the annual notice was forwarded to the Asbury Park Press the coaster of the Star Ledger on January 3rd 2023 and post on the bson board the same date all all notices are on file with the city clerk we're now on to special events applications good evening mayy Council the only application before you this evening is for the downtown manure manure Lighting on uh December 11th thank you thanks thank you we're now into Matters from city council council member Bez Anderson the only thing that I would like to say to everyone is uh to wish you all a very happy and safe holiday and um to be thankful this holiday is to be with family and friends people that you love so I hope that you all enjoy and uh don't eat too much turkey so Happy Thanksgiving thank you council member ch I also want to wish everyone a Happy Thanksgiving and to remind everyone that we have some upcoming Tree lightings on our calendar there's a tree lighting and Fireman's Park on Friday December 1st uh there's a tree lighting downtown on Saturday December 2nd we have a Quanza celebration on December 9th followed by a tree lighting in Springwood Park on December 9th as well um so I hope everyone enjoys their holidays uh stay safe thank you council member Clayton thank you I also want to repeat best wishes for a wonderful and warm and Happy Thanksgiving with you your family and friends thank you Deputy Mayor Quinn nothing mayor mo i Echo everybody else uh safe and Happy Thanksgiving to all thank you very much thank you next up we have a public hearing for proposed sewer connection fee increases I have a brief overview by our City attorney Frederick retto yes I'd like to uh ask the city's auditor David Ganon to please come forward and join [Music] us at this point on the agenda we are now going to proceed with a public hearing as required by State Statute and city code regarding proposed increases to the Sewer connection fees that are charged by the city for each new connection of property to the sew system with me this evening are the city's Chief Financial Officer Joan along with the city's auditor David Ganon who is seated next to me I'm going to ask Mr Ganon to place some brief testimony on the record before we open up the public hearing Mr Ganon would you please raise your right hand so I can swear you in do you swear to tell the truth the whole truth and nothing but the truth so help you gu I do please state your name for the record and spell your last David Ganon g n n o n Mr Ganon what is your professional title I'm a partner and a certified public accountant as well as a register Municipal C and do you hold any licenses or certifications in the state of New Jersey I'm licensed by the state of New Jersey as a certified public account as well as a register M count and with whom are you employed I'm a partner of P C conter Davis has your firm been retained by the city of Asbury Park to perform auditing Services yes it has and as part of your responsibilities for the city does your firm perform a recomputing of the connection fees to be charged to new users of the city sewage system when requested by the city yes we do and has your form performed a recomputation recently yes we have before we get into the actual computation can you kindly explain to the public what the purpose of a connection fee is so the connection fee captures the historical cost of building the city's sewer infrastructure uh and brings the new connectors of the system uh in line with those that have been uh connected to the system and funding the improvements of the system uh simply put it puts kind of a Level Playing Field between existing users and new new users uh so that they you know the new users are not are enjoying the benefits of the city City's infrastructure that been the course the cost of been borne by those that have lived within the city all that time and are there different connection fee amounts depending upon the type of property involved yes however the law requires that connection Chargers have a uniform within each class of user and that the amount there of shall not exceed the actual cost of the physical connection plus an amount representing a fair payment towards the costs of the system how many different classes of properties are there in Asbury Park there are three different property classes class one constitutes residential property class two represents uh hotel or motel uh units and class three constitutes non-residential General and what were the prior sewer connection fees charged by the city for each of those classes prior calculation yielded a connection fee for residential of 5,904 uh for hotel or motel or Class 2 was 20 952 and class 3 non-residential was previously $31.98 per gallon with a minimum of $594 per connection fee per unit and can you please describe the recomputation that was performed recently sure the recomputation consists of an analysis of uh Capital costs so taking the historical costs St been calculated through the last time the connection fee was performed uh reviewing the capital cost which include Debt Service and direct capital expenditures for the infrastructure uh less Any Grant funded type expenditures those would not be included in the calculation and that becomes the capital base of the calculation we then also receive uh data from the water utility on consumption and from that we determine the number of units within the city as well as the average gallons per unit and two of the the com combination of those two analysis form the basis of the computation as a result of that recomputation what are the proposed new connection fee rates that your firm is recommending for each class of users in the city of Asbury Park so we're recommending based on the computation that was performed for class one residential an increase from $594 to $7,150 per unit uh we're also recommending for Class 2 or hotel Motel uh an increase from $2,952 to $3,581 per guest room finally we're recommending a super connection Fe for class 3 or non-residential uh from $31.98 to $35 gallon with a minimum connection fee of from $594 to $716 and do you believe that the proposed new connection fee amount shall be uniform within each class of users yes and do you also also believe that the proposed sewer connection fee increases shall otherwise comply with all statutory requirements yes finally as the city's auditor is it your recommendation that the city adopt these new connection fee amounts and apply them to all new customers who connect to the sewers the city's sew system yes I do I have no further questions of Mr Ganon do any members of the council have any questions before we open it up to the public I just have one question could you repeat the uh residential the the increase yes it was it's going for from the proposed number uh dollar amount is $594 to $716 thank you so Fred I don't know if this is the time but I emailed Donna we're not doing these sewer connection fees for affordable adus so that'll be part of the ordinance which will um exempt them okay okay it'll be fine at that time the affordable I have a motion to open up the public here move it second second all in favor all right public hearing on the proposed sewer connection fee increase is now open if any member of the public would like to speak please use the microphone state your name and address for the record and your comments may be may be regarding the sewer connection fee increase only do any members of the public have any questions for Mr Ganon or would like to make any comments to the mayor and councel regarding the proposed new sewer connection fees motion to close second all in favor I public hearing on the proposed sewer connection fee increase is now closed okay there is a resolution later on on the agenda during the uh public portion when you're doing your resolutions generally that we'll um you'll be voting on to actually um approve the increases that Mr Ganon just testified to okay thank you we're now on to public participation I have a motion open the meeting to the public move it second all in favor I I public participation portion is now open any member of the public who wishes to speak please use the microphone state your name and address for the record and there would be a three minute time limit for each speaker yeah why am I going to the back of the room that's what uh my name is Dr Sam guch John how are you good sir my property is at 316 7th Avenue in Asbury Park I didn't expect to see so many women on the council but glad to see you all I have two major issues that I'm going to be confronting on a public matter or a legal matter one is this accelerated property tax which I think is really harmful to the citizens of of Asbury Park you represent us you're supposed to do what's beneficial for us we're in what we call a recession more people than in the last 10 years are behind on their mortgages we're dealing with high inflation we're dealing with high costs and in New Jersey a large portion of our population has lost their job because of the cutbacks of corporate America so why do we need an accelerated property tax that is due by November 10th I guess I pay it online through Bank of America if I pay it the first of November you don't even process it till after the 10th then I get this notice of a tax sale it just happened again with the sewer bill I sent it ahead of time but by the time it goes from Bank of America in the mail to Asbury Park you get it in your office you process it over the deadline so I would ask the council in light of this holiday season when people are stressed out paying bills paying mortgages which they can't afford anymore and higher property taxes make the date a month later give us time to get the money in and have you process it a lot of this has to do not with sending the money in it has to do with it getting from the bank to asberg park and then by the time you process it we're over the date so either eliminate this accelerated property tax in total because I have property in five other towns in New Jersey none of them have this or push the date a month out to December 10th or 15th to give the folks a break so how many are in favor of doing that why why wouldn't you want to do that I think you should go on to your second question or because you got 3 minutes okay and then the last thing is the property tax increase there's no reason for it you need to do zerob based budgeting I get an email saying that my property is now valued over a million bucks well I haven't got a single realer or individual telling me that they buy my property for a million dollars I get calls all the time but yet I get a call or an email from Mike Del re in a letter your property's going up it's ridiculous it's called zerob based budgeting you need to manage the budget you have more Revenue than you've ever had before in the town of Asbury Park okay how's it being managed and that's all I have to say because I'm going to get a coalition and I'm giving my phone number 908421 3359 I'm starting a CO for the intelligent management nasburg Park doctor your time is up and we will take action doctor your time is up thank you my time is up your time can be up sure no problem sir thank you anybody else like to speak ask questions seeing none Mo motion to close this like about anything yes yes y great an agenda you okay so I'm gonna start okay my name is Lauren I live at 213 Second Avenue I'm here to talk about um unfortunately I can't really pronounce it the kovanian Baltic and Egan at um Berg in second a um I received a letter from them just letting me know that they were looking to do something with lot four I guess a staging area um and I'm just concerned since I've now seen them on the other two lots for the past six months just like um hauling away dirt with dump trucks like L concrete like normal construction things like I've understood that's part of the process it's a new asbery it's a new uh place in town but why like another place like I'm just confused why this wasn't part of the normal like set of constructions like where did this come from um it's just really concerning I just feel like I'm going to just live in construction zone for the next year um and like where's my benefit like I just burden this and have to live with it and deal with it and now they want to do more and I've already dealt with like Foundation drilling my apartment shaking um I unfortunately have a west facing apartment um and it's just it's really stressful I work from home I can't get work done um I just I don't even know what like a sing area is um and it just it kind of concerned me that um they had to install like more chain Lin fences into the ground and uh just more kind of like Drilling and ground shaking and more trucks like so where like why wasn't this part of the normal thing why is it just getting started now like um those are just my concerns thanks okay Donna you want to address that so this is part of um the application that kha presented to the council they need to Stage their equipment for their construction and they have requested that location the council um asked that they send letters to all the residents in the area to get their feedback to see if there were any concerns about this um I believe you and one other person um responded to the mayor and councel and to our planner Michelle indicating um a concern those are the only people that we heard from um and and I understand your concern I mean unfortunately um construction is happening throughout the city we had the other project over on Lake Avenue um you know I can tell you they can't start before 8:00 so if that does happen please call us and we can certainly make sure they don't do that they have to be done by 6:00 as well and they can't do construction on Sundays right correct and and the lot that they're using is just for storage of material for the where they're building the two buildings it's correct it's a staging area that install yeah they have to they have to keep it so it's not people can walk onto the property okay and if I have any other questions I can email yeah absolutely Michelle yeah I'm Donna but you can email me or Michelle absolutely and you should have gotten that in the letter that you've gotten I got one for the wrong apartment so it's okay thank you thanks motion to close second all in favor I I public participation portion is now closed we're now on to the minutes I have the executive meeting minutes and regular meeting minutes of the November 8th meeting do I have a motion second council member Bez Anderson here count um for um meeting minutes oh excuse me that's okay November 8th meeting minutes thank you um council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes we're now on to consent agenda resolutions all matters listed on consent agenda are presented collectively the city council and will be considered for approval with one vote these matters are considered to be routine in nature and there will be no individual discussion of these items if discussion is desired by one or more council members as to any particular item then said item shall be removed move from the consent agenda and considered separately on consent agenda tonight we have resolutions 2023 519 through 2023 522 do I have a motion move it second council member Bez Anderson yes council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor more yes we're now on to individual resolutions uh resolution 2023 523 resolution approving payment of bills move it second council member bz Anderson yes council member chav yes council member Clayton yes deputy mayor yeah mayor Moore yes resolution 2023 524 resolution to establish a new sewer rate schedule connection fees within the city of Asbury Park pursuant to njsa 40a colon 26 a-11 and city code section 18- 5.6 do I have a motion move it second council member Bez Anderson council member Chapman council member Clayton yes Deputy Mayor quinnn yes mayor Moore yes this is resolution 2023 514 resolution of the mayor and City Council of the city of rry Park to authorize construction staging for kavanian Holdings n j LLC on block 403 Lot 4 and block 3901 Lots 2 and three for the development of property located at block 43 Lots 1 2 and 16 and block 403 Lots 12 13 and 14 do I have a motion move it second council member Bez Anderson no council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes resolution 2023 3525 resolution approving change order number two for the new Fire Department headquarters move it second council member Bez Anderson yes council member Chapman yes council member Clayton yes Deputy Mayor Quinn no mayor Moore no resolution 2023 526 resolution resending resolution 2023 394 and authorizing the use of funds designated for the city of Asbury Park from the fiscal year 2024 Asbury Park Urban Enterprise Zone fund for the Asbury Park Administration budget fiscal year 24 moov it second council member Bez Anderson council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes uh resolution 2023 527 has been removed from tonight's agenda we do have an addition to tonight's agenda be resolution 2023 528 resolution authorizing the city of Asbury Park to execute an esole certificate and recognition agreement relating to the property Loc located at 521 Lake Avenue block 3105 lot 4.02 do I have a motion move it second council member Bez Anderson uh no council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes okay we are now on to ordinances I have second reading public hearing ordinance 2023 38 ordinance of the city of Asbury Park amending and supplementing supplementing section 8-11 entitled rates display of rates required of chapter 8 taxi cabs liveries and valet parking of the code of the city of Asbury Park um brief update uh this ordinance updates the taxi rates that haven't been increased in many years um may have a motion to open up the public hearing on ordinance 2023 38 move to open second all in favor I I public hearing on ordinance 2023 38 is now open any member of the public who wishes to speak please use the microphone and state your name and address for the record again your comments may be regarding ordinance 2023 38 only motion close second all in favor public hearing on ordinance 2023 38 is now closed may have a motion to adopt ordinance 2023 38 move to adopt second council member Bez Anderson council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes we're now to ordinance 20234 ordinance of the city of Asbury Park amending and supplementing section 12-1 entitled State uniform construction code enforcing agency of chapter 12 building and construction of the code of the city of Asbury Park Don would you be able to provide a brief overview certainly Lisa this ordinance updates the construction fees that are charged by construction department at the uh analysis and request of our construction official thank you um may have a motion to open the public hearing on ordinance 20234 move to open second all in favor I public hearing on ordinance 2023 40 is now open any member of the public wishes to speak motion to close second all in favor I public hearing on ordinance 20234 is now closed may have a motion to adopt ordinance 20234 move second council member Bez Anderson yes council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes we're now on to ordinance 2023 41 ordinance of the city of asra Park establishing a new section 3-11 to be known as public parks within chapter 3 police regulations of the code of the city of Asbury Park BR would you be able to provide a brief overview yes um this ordinance EST establishes the hours of operation for all of the parks within the city um basically the parks will be open um from Sunrise through Sunset which obviously will differ depending upon the time of the year um it will not affect the ability of members of the public to walk through through the park on paths that run through the park however um individuals are not uh supposed to remain within the parks outside of the regular operating hours which again are between sunrise and sunset thank you may have a motion to open the public hearing on ordinance 2023 41 move to open second all in favor I public hearing on ordinance 2023 41 is now open motion to close second all in favor I I thank you public hearing on ordinance 2023 41 is now closed may have a motion to adopt ordinance 2023 41 move it second second council member Bez Anderson yes council member Chapman yes council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes ordinance 2023 42 ordinance amending and supplementing chapter 20 entitled entitled environmental regulations of the code of the city of Asbury Park to establish a new section thereof to be known as 20-5 privately owned salt storage Don would you able to this ordinance is required by the state to regulate privately owned salt storage facilities thank you may have a motion to open the public hearing on ordinance 2023 42 move to open second all in favor I public hearing on ordinance 2023 42 is now open motion to close second all in favor I public hearing on ordinance 2023 42 is now closed may have a motion to adopt ordinance 2023 42 move second council member Anderson yes council member Chapman council member Clayton yes Deputy Mayor Quinn yes mayor Moore yes if no one has anything else I'll take motion to adjourn all in favor thank you everyone Happy Thanksgiving Happy Thanksgiving Thanksgiving