all right good afternoon everyone um and welcome to uh bur of Beach Haven council meeting on this day Thursday November 30th 2023 uh at 4 difficulty but we're going to start um at this time we're going to stand for the flag salute please United States Nation God indivisible andice for all first into the New Jersey open public meetings act adequate and electronic notice of this meeting has been provided by posting on the bulletin board in the Beach Haven municip municipal building on the burrow website and mailing the same to the beach times the Asbury Park Press and the Press of Atlantic City at this time we'll welcome Michael mcaffrey um commissioner Gary Quinn and Mrs mcaffrey come on up hey before I uh you know go through the Earth service I just want to say you know congratulations to Michael Renee um you know Michael and I grew up in Beach Haven 55 years ago we met and we've been friends ever since uh and I have to tell each and every one of you you picked the tremendously good man to serve this [Applause] position I would have grabbed him and brought him to my town he he is truly in for the right reasons he's going to do a fantastic job representing each every one you so you know go out after this celebrate because it's certainly a great win for the residents of the town now we gotta see if we can get through this Oak without okay it's gonna repeat after me hi Michael mcaffrey do Solly swear do Solly swear we firm or firm that I will support the Constitution United States that I will support the Constitution of the United States and the constitution of the state of New Jersey and the constitution of the state of New Jersey that will bear true faith in Allegiance there be true true faith in allegiance to the same to the same to the governments established to the governments established in the united states in the United States and in this state and in this state under the authority of the people under the authority of the people and that I will faithfully and now I will faithfully and partially and partially and justly perform and justly perform all the duties all the duties of the office of council member of the office of council member put best myability conratulations [Laughter] shry can I say something real quick I thought she was leaving don't go anywhere there miss braa because first of all um I know we're going to recess for a second so you guys can take some pictures okay come on come on down yeah welcome I don't know which seat to take doesn't matter you're good you got welcome thank you okay Mrs B Miller here miss Lambert here Mr mcaffrey here miss Snider here mayor d here okay okay at this time we'll take a a five minute recess let you guys take pictures if you want to up here in front of the can I just say one thing before we recess in case uh someone in the audience decides she's going to run out the door uh we in addition to welcoming Mike caffry here today um on Council which we're all very excited about um hopefully we're going to have um a great year I'm sure that we will and today is an important day it is BG Bron's last day she has been with our Police Department for 27 years um she is our just our beloved BG I don't know what we're going to do without her I've known her for a very long time uh she's just terrific I wish her all the best in her retirement and um just go have some fun and you got very big shoes to fill and I don't know how anyone will ever fill them and thank you so much for all of your time and your service to Beach Haven and to the family thank you [Applause] do a five minute recess yeah go get your pictures okay convening we're reconvening sorry ordinance 20233 5 C an ordinance amending chapter 74 sections 15 16 17 and 21 construction codes uniform in the burrow code of the burough Beach Haven county of ocean state of New Jersey to establish an administrative fee for construction subcodes and to establish policies procedures and fees for lead paint inspections as required by law first reading it's the first reading therefore um it's not open for public discussion does anyone on Council have any questions or comments no [Music] no want to ask for so at this time I'd like to call for a motion sorry motion to approve 20 23-35 C thank you I'll second it thank you Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snyder yes mayor Davis yes ordinance 2023 36C an ordinance amending and replacing chapter 163 sewer of the code of the Burrow Beach Haven county of ocean state of New Jersey to codify necessary amendments and to memorialize the creation of a sewer utility to put in place a comprehensive sewer utility chapter establishing rules regulations and fees and one of the largest changes in this new sewer chapter is the responsibility of the laterals from the main to the curb cleanout will now be the responsibility of the burrow sewer utility in the past the responsibility for the lateral from the structure all the way to the main was the responsibility of the homeowner so that burden will no longer be on the homeowner will be on the utility um we're going to be bringing the quarterly minimums the same as the water and those will be due 30 days later than they are now so one month later than they are now so that they're staggered from taxes and this is a first reading first read therefore again no public comment um anybody on Council have any questions or comments that 125 that's the same as the water and that's just an ongoing fee for the rest of whatever correct okay I just curious because we also float bonds and things you know to take care of this so yes that's just yeah and those quarterly minimums are part of the revenue that we use to pay those Bond payments annually okay thank you okay um there I have a motion so moved thank you I'll second thank you Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 2023 37c an ordinance amending chapter 204 water of the burrow code of the Burrow Beach Haven county of ocean state of New Jersey and this was also to move the quarterly payment deadline 30 days back to match with the sewer utility so though both utility payments will be staggered from tax first reading again first reading not open to public discussion anybody from Council no no do I have a motion so moved I'll second it Mrs pailler yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 2023 38 an ordinance of of the burough of Beach Haven adopting the Redevelopment plan for Block 205 lot one and two within the burough of Beach Haven county of ocean state of New Jersey the Redevelopment plan establishes the Zoning for the project it is adopting the underlying zoning nothing is changing once it's introduced by Council it will be referred to the land use board for consistency and then would come back to council for another public hearing we do have Emily given on Emily if you could just give a synopsis of the the benefits of the Redevelopment plan thank you are there any questions from Council we waiting for her I have a comment but I'm questions okay mem Le are you able to participate right you want to make Council comments yeah does anyone on Council colen you said you have a comment yeah I do um I've read this of course and I'm sure everybody has I've heard all the arguments I've heard the explanations but I still disagree with the word condemnation in here and for that reason I can't support it okay anyone else I also have a problem with the condemnation of on in the wording of this ordinance okay all right is Emily able to Emily can you hear us okay well that's disappointing um okay uh there's no further um discussion again it's a first read give me just a second to see if a problem okay Sherry this is Jim mey I'm I'm here as well thank you Jim there you go do you so I don't know what's up Emily I can't hear her either but I'll just yeah she said she's on but we can't hear so if you could you got it so um I'll give you a real quick Redevelopment plan is the step that empowers the governing body to make full use of all the uh red Redevelopment tools to work with to assist redev assist with development that wants to come in for the project so it's this step that gives you the full Authority Under the Redevelopment laws that's it and this particular Redevelopment plan would allow this parcel to be eligible for a 30 year tax abatement not a fiveyear right correct okay question uh can I make a comment as a council member um yeah I I mean I don't like the word condemnation either I mean that bothers me but the only way we can really uh move forward with this is is to to have to use that word condemnation in order to make this a Redevelopment area and in a long run it really will benefit the owners because we we can get substantial grant money uh to help remediate this and in addition to that um the the who whoever buys it or if the owners decide to keep it they do get a 30-year tax reatment so it benefit it truly benefits the owners we're not trying to uh take away any profits on this and it is it is a very polluted site and as a member of council um and as a scientist who taught oncology as well as epidemiology this is a serious problem and as much as I I I love the penses and respect them uh I I do feel that we have to look out for all the citizens in be Haven um we we do have a high cancer incidents on LBI uh and this just doesn't affect be it affects people in the township as well and and I think it's important that we get this cleaned up as soon as possible and that's the only reason I'm supporting this in no way do I want to penalize any of the owners from any of the financial benefits that they might reap and I do think by passing this uh we're actually going to help them be able to remediate this at a lower cost and that'll enable them to reap more benefits from the sale of the property so I am in favor yeah I agree with Nancy and it's as difficult as it is to impose the word I I think it's upon the experience that we we if we don't have the word in there then I'm afraid that what we really want is the remediation that that will just be dragged along we have um we have a building and a property and we need to make it is contaminated there are we have proofed of chemical constituents and Benzene ethylbenzene there's volle organic compounds there's meth I can't even say half of the words uh you know and there is um there's contamination in the soil and there's free product in the W in the groundwater and if we don't put some teeth to this I think it's just going to get dragged along even longer it's been a really long time and I think as um as hard as it is with we have an obligation to the community to try and have this mitigated as soon as possible and based upon that I am going to support it tonight anything else no okay um if no other comments and i' like to call for a motion moved I will I will up the motion thanks Nancy Mrs B Miller yes Miss Lambert no Mr mcaffrey no Miss Snider yes mayor Davis yes ordinance 2023 39c an ordinance amending and replacing chapter 120 licenses article three scrap metal precious metals and other secondhand Goods of the code of the Burrow Beach Haven county of ocean state of New Jersey to comply with Ocean County prosecutor's directive to update regulations and fees pertaining paining to pawn scrap metal and secondhand property dealers and allowing law enforcement to search flag hold and set alerts for stolen property first reading first reading again so um not open to public discussion any questions or comments evidently this will make it easier if you get something stolen to track it down in the long run absolutely okay do I have a motion so moved thank you Mrs biller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes all matters listed under item consent agenda are considered to be routine by the municipal Council and will be enacted by one Motion in the form listed any items requiring expenditure supported by a certification of availability of funds and any item requiring discussion will be removed from the consent agenda and discussed separately all consent agenda items will be reflected in full in the minutes resolution 2 222 authorizing to advertise for bids for the 2023 vehicle Acquisitions resolution 223 amending a Professional Services contract for mercury environmental resolution 225 approving an amended employment agreement with Kurt tiger sewer repair supervisor 226 adopting an Ocean County adopting the Ocean County Utilities Authority sewer use rules and regulations revised July of 2023 resolution 227 authorizing the Beach Haven burrow land use board to review a proposed Redevelopment plan for Block 205 Lot 1 and two and finally resolution 231 approving and authorizing the execution of an interlocal service agreement her Phoenix automated property Reporting System between the burough of Beach Haven and the Ocean County prosecutor's office this is the system that we just are moving towards with the ordinance for pawn and scrap metal TR tracking got it uh does anyone on Council want to remove any of these for further discussion yes I'd like to remove [Music] 227-229 okay do you have a motion to approve the consent agenda with the exception of 227 moved Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes so then we'll go back to resolution 227 2023 authorizing the Beach Haven Boro L use board to review a proposed Redevelopment plan for Block 205 lot one and two okay since I asked I guess you want me to go um I'm being consistent um I didn't think the ordinance was the way to go I don't like the wording we're sending it back to the land use board for the same reason ironically it was there that they said do we have to condemn in the first place and they were kind of told yes you do so I understand that you know the majority feels differently but like I said for the sake of consistency I don't support it thank you and I I'll speak I'm supporting it also for consistency since I supported the ordinance I support this is there a motion to approve so moves second second yeah Mrs B Miller yes Miss Lambert no Mr mcaffrey no Miss Snider yes mayor Davis yes I have a bill list this evening in the amount of 172,173 [Music] 46 is there a motion there a motion to approve motion to approve I move thank you Mr B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes okay we just had one item for General discussion uh we wanted to discuss um some discussions about uh improving or widening the beach entrances um Colleen if you could help me out just setting the stage for this discussion and we do have Chris Carson here to weigh in um this summer a park survey Parks and Rec survey went out and the number one response that people wanted to see Improvement on was the beaches so our committee is met numerous times and trying to find the best way to handle that um some of the members have gone up and down the island uh We've certainly reached out to every other town on the island and one of the things that they would like to see are the Moby mats and we've had a huge discussion about that uh we actually did have them once upon a time and then as the beach eroded and um Mother Nature kicked in we had to keep cutting them back uh they do need maintenance and that's another concern we definitely are looking at railings uh there's been some talk about wooden walkways but I don't think we've gotten too far with that and just basically widening the beach entrances so to accommodate the equipment necessary to get on and off for especially with the handicapped access that was a big concern and right now I think we have three beaches that are I'm sorry we have two that are no three that are handicapped access and uh they would like to widen that a little bit we have a problem also because our beaches are so short hopefully we're getting a replenishment this year but they would like us to start looking at ways we can make these improvements and widening the beach access was seen as one of them um initially they were going to look at almost every entrance that was available and now I think they're looking at three Chris is that right Chris if you could come on up please and turn that mic around for us but the U the thing is to improve the use of the Gators um our Gator drivers actually say that you know they do have a lot of openings maybe with better adver ising I don't know exactly what I thought they were pretty well done they can get more Gator access they're looking at the movie mats and Chris you were part of that discussion the day they did the road trip I I went to a couple of the entrances with him and um I didn't no which ones they picked I don't know that they did I think they realized that this is going to be a very large you know task and it's going to be several years I think they were looking at maybe doing three for next summer if that's possible yeah I think I think also that we we talked you and I talked a little bit yesterday as well Chris um I went I visited the township with um a couple other committee members um suari was there and we one of the things that the township said works really well for them is again the Gators we do have one Gator now one or two and in the township I think they run it a little differently and that and so corrected me if I'm wrong they they take you right basically to where you're sitting whereas I don't think that we we do that anyway they have a great matter of you know space on the beach sometimes the Gators they can take them there in the morning but they can't pick up well it depends I guess their beaches are a little bigger so with replenishment I mean certainly we wouldn't want to do anything until we have the beach replenishment and those gators have been donated so so that's number one and and I it is a great program if it works and it can't work unless we widen a little bit and we have room to bring you just like we can't do anything but an umbrella so it's it it's something to think about and Hope I think we'll be much rather see more Gators than Moby mats I know you know like we need volunteers to sweep off the Moby mats if we get them so Chris if we could just talk about the pros and cons of widening the beach entrances because we know one of them is that we would need to get a permit from the D to do that yeah right so can I just how wide are they currently so we have like around eight feet they're eight feet and I mean the the beach side is about 10 and according to they're wide enough for the Gator but they're not wide enough for you to come down on the gator and me walk past you going the other way and the trouble is that right Chris what's that is that correct is that what you said yeah yeah and um the beach side is 10 feet but there's split around each side and the you know the sand collects there and then it falls in so they're not they get less and less every year all winter digging them out yeah I mean all summer too yeah so so they get narrower and narrower I can right so I can see you know keeping them the width that they are and including railings but as far as widening them I don't see a purpose of it I think it was to make it more handicapped accessible so people aren't so limited as to where they could go well it's more the Gat up and down ones that that or um vehic vehicle and also that wouldn't be every Beach I think discussion was you know maybe every every third street or you know not right now there's um four ones that you can take vehicles on and off and um this is what this is not just digging out I mean these are compacted and and engineer designed I mean underneath it's compacted with that hard fill and I mean yeah you'd have to put down huge project to you know make people a little bit more it's not to make people a little more comfortable there are many people that cannot get to the beaches because they can't they you know they require assistance walking um I know there's several people on my street that would really benefit from it and have for years it's really a problem and it would be tremendous for them so I don't think it's just to make people a little more comfortable I think it's specifically to the number one by far uh comment and suggestion was to help make the beaches more accessible for those with disabilities and and problems getting to the beach whether it's just old age or children whatever so that's that's you know it's and it's not to be that much wider and I'm not really that convinced that we could couldn't do it with the current width of the beaches if we can dig them out a little bit so it's just something to think about and something we're um hoping to be able to make happen after the beach replenishment right M Chris you mentioned that it would make it easier for you to get the equipment up there to to clean them out yeah so if they were wider it may make it a little easier and you didn't think that increased your vulnerability no because you're not cutting into the Dune you're just making the entrance wider they all go up and over I think it was a 12T cut they were looking for right yeah as opposed to the eight I mean before we us just a bulldoze of path through and it was that would compromise the Doom Mike did you have any thoughts about the idea of widening some of the entrances to 12 feet I mean 12 feet that's that's pretty wide isn't not yeah yeah and how how wide is the gator Gator's probably five a little bit you wire on that table I mean five maybe the trouble is like a lot of them they're like like the um the street side is narrow because you know they want to keep the um paths quaint looking the end and you know and there's a lot of vegetation there that they wouldn't disturb on the street side I can't see cutting into the dunes yeah you know to make them yeah I mean you can't cut into the Dune you have to you know keep the same on the gra how many entrances are you going to have at 12 foot wide all of them I mean no I don't I I have no idea about that be honest I mean the other day it was three they were talking and I don't know if that was like a trial basis or what yeah there was um Don cacus and Jack Somebody went around and looked at them all Jack gartland I went with them for a couple but I mean uh the ones I looked at I mean you know they wer how expensive this was going to be no no and it's not something that we're you know it's it's not something that's going to happen overnight and it's not necessarily something that's ever going to happen but it's I'm just we're just I think it's just that colen tonight is well we wanted to have this discussion because the committee is wanting to move it along and make something happen and without the support of council well I think they can't so no but I mean I don't think anybody's expecting it to happen until after the beach replenishment and I would also like to be positive that a gator can't fit oh the gator can fit on them they can fit on them it work with little bit of digging you know that's what I'm kind of hoping but at the handicap accessible beaches on in Township they're like 10 12 foot all the way across yeah some of ours are we talking about the regular Beach entrances yeah for for four-wheel drives no no the one because there's how many of them are there there's one three four four of them yeah Tor Center holy o and Nelson parking lot yeah but the trouble was you know um the taxi goes on them in the morning and they get to people to their spot but then in the afternoon the beach is so crowded that they can't get back there to pick them up and wasn't the concern the fact too that if we're going to widen beaches then we shouldn't be putting railings in and yet railings would be the easiest step right now and probably the most cost effective to help people with access to the beach but there's no sense putting in railings if we're going to yank them out and you know widen the beach so that mean we kind of have to You' want do at the same time yeah right so we have to kind of decide you could put them on the ones we're not going to Wi right no of course yeah so well the chief looks like to say something so um a few times on some of the narrow ones when we put backboard on the back of the utvs and we come up we have it long ways and you have a person on each side of it it makes it real difficult on some of the really narrow ones so on some of them that are really narrow if that would be something you guys might consider would help with first aid calls it doesn't happen all the time but when it does it's inconvenient you start to get up to a beach entr you're like oh we can't use this when we have go use a different one and waste time it's like it's be Haven chose these WIS in the first read we didn't we didn't have the utvs and stuff like that before D weren't as high Township picked the larger wi be Haven picked the smaller wi one none of us were you know on Council yeah and and here we are so maybe when they come when we start having these meetings with the D and the federal government about the replenishment which should be right soon then we can they might maybe take over some like listen collapsing want it wider in three of these beaches and maybe we could use that as a little yeah that's a great idea so I think that and they would the ones they're have to rebuild you know dozen of them they're gonna they can do them wire can you repeat that so I get it on the record um the ones that they're doing you know that are um rep been yeah that have been damaged when they redo them you can make them wider there's probably a dozen of them I mean you can on the east side at least on the W side I mean we'd have to do it can I com go ahead Nance uh yeah I I um yeah I it's it's a hard decision because obviously we want the beaches to be accessible but I would hate to see a lot of you know all our beaches look like a Township I it does look quainter it looks nicer um from the street it looks prettier I mean we're not digging into the dunes but if we widen them to 12T we're we're going to be destroying a lot of vegetation Beach palms and bayberries of the been planted along there and in some areas are just starting to really take off and and these these um uh shrubs uh and plantings really help uh maintain the Dune I mean they they the Dune would still be the same height but they help hold the sand in place I'd like to see more planting but I do think maybe a little bit wider and and in some areas but um I I find this a very difficult decision I was on the council um when this was discussed and we did think that uh the smaller openings were more attractive and quaint and I I think there's going to be a lot of people that feel that way as well but I I understand the issues um for handicapp people and getting those gators on and off the beach so you know it may be some of them wider but certainly not all of them that's my feeling no I don't think anyone's proposing all of them and when you when you do make them wider disturb vegetation with permit you're going to have to mitigate that you know PL other stuff some yes you will have to do that but I mean once these Beach plums and baby berries start taking over I mean they've been a struggle to get going they take you hate to just rip them out and I mean you can look at some beaches and some beaches have such you know nice plannings on it you I think you wouldn't want to wreck those and others don't so that might be another way of of you know outside of just spacing them out that of choosing which ones you widen I'd like just for the public and those listening on Zoom to to hear some of the issues with the with the uh Moby mats some of the issues you've run into and well I mean on the beach you know um they had them on the you know when they first did the project and then we had to keep cut them back and then you can't put them back together as you know to make them wider again so as it eroded you were having to cut them and the um Beach rake has to go around them or move them to you know go around them and you drive trucks over like to pick up the garbage and then they get all bent up are you able to easily pull them up and move them if you need to they're they're heavy I mean uh you need equipment for equipment yeah they're very expensive they're very expensive yeah and they need to be maintained daily yeah I mean um Harvey Cedars has them on their handicap ramps and um I have a picture of them up there now and they're all bunched up I mean I mean you can even push a wheelchair down them if you want to and they're cover with sand you they've had success with them in barn light but they don't have surf rakes right in barn light I mean they have have on the beach yeah that's what we were told they don't the beach and light they don't rake the beach and I mean you know they got so much Beach up there I mean right it's like six miles wide yeah it's a whole different ball game up there yeah it sure is um well how do you feel about trying them on especially on is Fifth Fifth Street colen Fifth Street was the one that they talked about making like the test or the pilot beach again we did have them there they went I think they want them in the ramp itself they don't want them on the beach no and and yeah that's they before they went out onto the beach but I think they do want to stop them just to make sure that anybody who needs them has the ability to get down there so they want to back on the beach well I think fif street down the ramp and everything just yeah yeah yes because as you said that that does get buried and that gets out little bit this September was right up to you couldn't even see the railings on it right yeah they just want to start somewhere pick a beach kind of any other questions for Chris we have them here nope thanks Chris thanks Chris problem that's all I have for General discussion um okay then uh at this time I think we will open the floor to public comment um reminding everyone that um have to come up and state your name and address and we'll have three minutes we're not going to it's not a back and forth public comment session and um if you're on Zoom if you want to speak please raise your an electronic hand okay does anyone we'll start with the audience is any anyone want to come forward with public comment Mr cook never mind sorry sorry my name as you've heard before is Chuck Cook uh I reside at 2705 um lanic Avenue Beach Haven Gardens and at six Piney Run Road bford New Jersey I'm partners with the penes which I think Mary's here uh I'm both CPA Partners In addition to business partners uh I wanted to correct a couple misstatements made over the course of these meetings and by some emails um just wanted to correct the statement that we have done nothing prior to you guys getting involved that's not true at all matter of fact that's a falsehood we had spent $346,000 of our money to do the remediation over a 10-year period uh before you before the burrow got involved since the Burrow's been involved I think we spent another 275 I think of which 75 is due to legal fees of us having to represent ourselves before the council and with a lawsuit um our attorneys have said that a Redevelopment uh situation is not good for our company and I as a land owner and a person who has bought and sold land know that I wouldn't buy a piece of land that had a Redevelopment stigma on it for sure uh and also at the last meeting the at the council meeting which you guys went uh um close session U milliy responded to us and said that he had that you guys decided to continue with the um with the lawsuit and that you would go forward with this remediation uh item that we're talking about tonight um I just want to say that and he indicated in his email to our attorney that you people weren't satisfied with what we had provided with you and I just want to state that we have provided everything that was requested of your by your lsrp uh 100% And we are also complying with the D which is actually the people we have to report to because the lsrp reports to the D and those are the people that we have to satisfy as a d so in terms of time it takes time to do all the sampling involved uh in terms of the free product involved you need three samples or four samples to determine there's no free product so far our first round of sampling shows no free product any place on our property additionally uh our testing and all the well we have tested uh offsite show that no contamination has reached any place above across the streets in NE Direction so I think that's about all that I had to say I think the Redevelopment designation is going to is going to hurt us and we have I expected to come tonight with a with an agreement of sale with lies but that didn't occur so I expect it soon so I think that would be detrimental to that sale also that's all I have to say thank you you can I go to someone on Zoom anyone on Zoom Katherine Ward hi good evening let me start my video um as some of you know I'm representing um the owners of Beach Haven auto the site we've been working with the buau for a while now burough Council and their lsrp um unfortunately we've we felt it necessary to move forward with litigation and since you are moving forward with a Redevelopment plan um or intent to um I thought it really important that because that's that that is such an awesome responsibility and Authority that the municipalities have under redevelop under the Redevelopment law um it's unfortunate to hear misstatements and misunderstandings of how the law works so in particular I just wanted to mention U a couple of well I want to mention at least five things here the first is that uh I heard the mayor state that the only way the buau can designate the property in need of Redevelopment is to use the condemnation option so that's not true there are two options condemnation non- condemnation um you use condemnation as a municipality when you are you want to exert a lot of pressure um because otherwise Redevelopment can be a very collegial process um it can be very help ful to the property owner or the redeveloper who wants to redevelop the property this this has not been a collegial or collaborative process uh in any way and the burough clearly just wants to exert pressure by by keeping the threat of condemnation there uh the second point is that um the it was also stated that the burrow wants the remediation completed as soon as possible well so does Beach Haven they it's horrible that they have had to spend so much money over so many years to get to this point and I I would ask the council to keep in mind they're cleaning up other people's mistakes it's it's not things it's not all due to tanks that they installed or they used it is from pre-existing conditions and the money that they're spending for remediation has now been diverted by the burrow because we they had to incur legal fees to protect their rights so the burrow is taking money that would normally be going to the remediation away from that process the third thing is that the Redevelopment plan will allow someone else a third party that the burrow might like to be appointed as a redeveloper if it doesn't think which it clearly doesn't currently that uh Beach Haven is redeveloping its site or taking appropriate action to move forward to Redevelopment it redevelop its site so again you 30 seconds you're setting up a process where you will allow somebody else to take control of their property and finally the 30-year tax abatement does not uh to the 30-year tax abatement only benefits the redeveloper and only and it only benefits the unit if they're the redeveloper and finally the talk of remediation grants is just completely incorrect because the state of New Jersey is obligated to go after the responsible party whenever they issue a grant under the program that the municipalities are responsible for and that means they would just turn around and go after the Beach Haven auto it makes no sense it just makes no sense so I just wanted to make sure that that was on the record thank you very much thank you anyone else in the audience spoker Eileen Boker 5404 South Long Beach Boulevard here on behalf of the holiday snack bar in 401 Center Street going to read this quickly Mr Dal couldn't be here today said I could maybe go a little over three minutes good afternoon I'm here today to speak to the council and put the holiday snack bar on record as Mr Batista has stepped down and I want it to commend and thank him for his efforts on behalf of the burough Council to ask a fair question how much is the burough willing to spend on this matter at this point I believe any reasonable person can observe that someone or perhaps a group of people from the burrow appear to be acting vindictively and the holiday snack bar and I are victims of the municipalities actions in 2020 the Bro granted outdoor dining to Glenn Warfield granting eight picnic tables four round black tables in six seats and a 10 to 12 top in the northwest corner of the yard the picnic tables in 10 to 12 top were in the buffer in January of 2021 when we purchased the holiday snack bar there were eight picnic tables four tables with 46 seats and a 10 to 12 top a seal was granted with the trash enclosure benches walkway fence bike racks takeout booth and flag pole all in the burrow right away for decades we were granted a Mercantile license and outdoor seating permit Sher Mason along with Mary Clair buns without hesitation decreased my out door seating number to 45 and made us remove four picnic tables when the indoor dining opened we operated with 45 seats for a total of 90 there were no complaints or summonses in the spring of 2022 we went to the burrow for a permit to install Hood we were made to fill out a three-person land use application to open and serve breakfast we were approved by the land use board to open at 700 and serve breakfast outside beginning at 9: we were granted an outside dining permit for up to 45 seats however we settled on 36 seats and were checked more than once by the zoning officer and were in compliance every single Le time the tables for the third year in a row were in the approved in the buffer during the summer of 2022 letters and summonses were hand delivered by the Beach Haven police officers during our hours of operation and oftentimes during the busiest times of the day the ba went as far as to demand that I appear to show Just Cause eventually the burrow filed emergently in Superior Court seeking relief that the holiday snack door outdoor dining was causing harm to the burrow of Beach Haven when the relief for the bur seeking was denied we came back in the spirit of working things out and our attorney Mr Curtis D made m multiple attempts to meet with the ba the council and every single meeting was canceled by the burrow in January of 2023 the burrow began requesting that we file an application to landu board we waited months for the Burrow's other attorneys Mr padulla Mr Grace and then Mr gantner to communicate that we would be able to reserve our right to litigate should the lanus board deny the application after a meeting with this after the denial of our mertile license and a meeting with the zoning officer and Sher Mason while banging her hand on the table and I quote this is so easy all you have to do is file an application with the L use board and they're going to give you everything you asked for this is no big deal listen to me just do it two four and a half hour meetings and thousands of dollars later the L board denied the application I was approached by two council members who must be given credit for trying and we are continuing to work on a settlement but it is not something that is able to be rushed someone is trying to tear this town apart and undermine anything that is decent or right not only in our case but the penes as well in good faith we mov the tables out of the buffer and agreed to put in a buffer we agreed to decrease the seats we agreed to put in additional bike racks we got rid of the seaside right because you don't like the way it looks we're going to let you pick our Planters shoot you can pick the flowers that we put in them you're letting us open and serve breakfast and you're letting us open and E and close at 10 in the meantime just last week when we were working on a settlement the ba again sent a certified letter threatening state criminal charges 2c1 18-3 defiant trespassing on in eight objects that have been on that burrow right away long enough that I actually own themes two days later we received four more completely unreadable summonses and we haven't been operating since October I've got three questions for you as a council what are you doing what are you supposed to be doing and if you could just do that and really work with the people I think Beach Haven has the potential to be the great town that it always has been thank you thank you anyone on Zoom Suzanne Fairley Suzanne Fairley hi I'm trying to unmute am I unmuted now there you go yep state your name and address for the record Suzanne fairly 219 Jeff trying sorry for unmuting earlier but I was having trouble doing the raise your hand feature but here now that's okay you're good I'm I'm talking about the handicapped access paths I have been confined to a wheelchair for the last three years it is not a comfort level or an old age level and I really resent hearing that I my legs don't work the nerves don't get to my upper legs and I cannot walk on my own this has been growing for a couple years so several years ago I was using the Walker to get to beach on jeffre Avenue the a curve on the Jeff Avenue axis that is very narrow there is also a large Bush that is growing over about two feet into the accessway so that somebody on a walker cannot walk up the path with somebody next to them to keep them from falling um we've tried different ways to try to resolve that and there's none that we know of unless it's made a little bit wider and the tree is cut down a bit secondly for the Gators which are fabulous we can only use them in the mornings um I heard there may be one more which is great but for those of us that are wheelchair bound this is not a matter of comfort of ease or old age and those of us that are in wheelchair bound I think might resent what we just heard just letting you know thank you thank you very much thank you anyone in the audience Mr Boer done fish no huh I'm gonna head back The Village then I she want to talk no go ahead Brian how are you Brian Boker 5404 South Long Beach Boulevard hogate um last Friday the day before we sat in super uh Superior Court for five hours my wife received a state summons for defiant trespassing threatened to be summoned for defiant trespassing for having bicycle racks flower fler pots benches trash enclosur and everything else the newspaper also quoted our business administrator as saying that we had two weeks to remove all this stuff from our property or we're going my wife is going to be charged with defiant trespassing which is subject to jail time also um I just want to let you know what we've been dealing with and I want to know is everybody reading these letters before they get sent out because I have a difficult time that everybody's name is on these letter heads and you are letting things get out like this where she specifically states that all these things have to be removed from the property I just want to quote a few things from Mr Batista's agreement I want to thank you Mr Batista because you are the only one that put in the time to even talk to us face to face I appreciate that what about me Brian I was there you nany no I'm sorry I'm sorry KY I'm sorry I'm sorry you two you two but he stayed through he stayed through it um the agreement specifically States 401 Center Street is permitted to install a bike rack in front of the 12T planner it says the bur's agreement that it will modify the trash enclosure through its public works department at the Burrow's expense to accommodate this requirement she's threatening me in 14 days I have to remove it but in the agreement it says the burrow is going to do this prior to our agreement Mr Batista did a great job negotiating for you the bur was going to put in a sidewalk too H he's tough he's tough I got to pay 15 20 grand to put in a sidewalk originally that was in the agreement too that you guys are going to pay for the sidewalk that's not in the agreement anymore um but I can't let my wife get charged with criminal trespassing because in the agreement that we signed it says that the burrow is going to take care of that it also says the two benches on the southwest corner of the property is shown in exhibit a May remain It also says two flower boxes this is how detailed Mr Batista was that two flower boxes not three two flower boxes can be put at the entrance of the holiday snack bar we agreed to all this the existing flag pole this is a big one the existing flag pole May remain but must be shown in exhibit Ang it wasn't drawn into his drawing his drawing it wasn't drawn into that but we could easily draw that 30 seconds um last Friday Superior Court said take this agreement back and get it worked out so we can get this to the L use board for approval before next season rolls along we agree to an agreement that we necessarily don't agree with it wasn't really an agreement it was Mr Batista telling us what you guys would accept and us after three or four weeks saying let's just do it this agreement is going to cost us 40 to $50,000 moving side putting in sidewalks walkways um putting in new buffers everything that's require everything that we agreed to in good faith we signed and the burrow still hasn't signed their own agreement that's I mean we should all sit down at a table face to face and discuss this like business owners and business administrators and Council people thank you thank you I have to respond to you Mr Boer I am aware of the letter that the burough sent you but I'm also aware that you conveniently leave out a lot of facts the fact being is that Mr Batista did spend an extraordinary amount of time sitting down with you with this agreement you were supposed to submit to the burrow a site plan with those modifications on it the agreement could not be executed we could not sign the agreement because you emailed like the last page to us and that was it that's not how an agreement is executed legally let me finish because I'm sick of being drugged through the mud with this you conveniently leave out a lot of facts the fact of the matter is that we have been over and over and over again with the holiday snack bar you chose to break the law when covid seating was over if we would allow the holiday snack bar to continue to operate the way that it did in 2020 and 2021 then we might as well bring back the circus 10 at Tuckers the circus 10 at buckaloos we have to H every business to the same standards we cannot let stop shaking your head at me we cannot let one business do whatever they want to we can't do it so stop it I'm so sick of this I'm sick of being drug through all right this is you had your three minutes floor this settlement could not have been executed because you did not submit the site plan so here we are again dragging me through the mud all over social media that's not how agreements work that's not how it works thank you you you haven't that's it NOP you had minutes sign because it couldn't have been executed because you didn't submit the site plan all right moving on and you signed it and in agreement we're moving on moving we're moving on thank you anyone else on Zoom yes we have one Mary Lee Pence good evening everybody Mary Lee Pence 34 Bradley Avenue Rockville Maryland um you know I think uh both my parents business partner and our lawyer have clearly articulated I think a number of points that we wanted to make um but I just have to say I love this town I do I mean this is where I was born this is where I was raised the people representing the council are people we know we love we respect um but what has transpired over the past six months is incredibly disheartening um we have continued to communicate we have continued to meet upon your request um the things that have been said publicly about our family that have been factually not true the things that have been said about the progress that we have made that have been untrue is you know is just disappointing to hear um we were very willing to meet with the town to reach an agreement um that is all a matter of record it's all in writing um I would just ask a couple of things of the council number one I would ask to please ensure that you have copies of all of the information that our lsrp has provided to your legal council um as well as your buau manager I think it's important that the information that's been transmitted has been consistently communicated to your entire team um secondly um you know the town that I grew up in uh I watched a lot of people have a lot of really hard conversations it's uh it's just discouraging to see the the point that my parents and their business partners have been put in that they are suing the town that they have lived in for 50 years they have been public servants of the town and have volunteered endlessly um it it's just really disappointing so we are here we are willing we are not afraid to sit at a table together and figure this out answer any questions that you have but the fact that we're both mutually spending an exorbitant amount of money in legal fees to defend ourselves is completely contrary to what you're asking us to do we're here we're ready please communicate with us get everybody and their questions together and let's do this I mean it's it is able to be done the only people benefiting right now from this situation are our lawyers and I'm sure our lawyer is going to take issue with me saying that but it's true this is expensive it's already expensive to do we're doing what needs to be done and I just am asking you in public to please communicate with us we don't need to hide behind lawyers we are your neighbors we are your friends we have been to parties together we have planned funerals together we have watched each other's kids this is insane at this point Thank you thank you thank you Mary Le and for the record I'm willing to sit down anytime with anyone so anyone else from the [Music] audience on Zoom no okay well at this time um I'm gonna call for um just final remarks and we'll start with Jamie I'll go first then um we'll go this way um well I like to thank everyone for coming to congratulate Mike it's a pleasure um and now that we're sitting next to each other I think everything's we're going to do a great job together it's not easy um but I'm glad you're here thank you and also just remind everyone that this Saturday at the um OB Museum something fun and festive the tree lighting and the singing in the round it's a great night for uh everyone if you've never been it's really great so please join us and uh thank you all for coming have okay um i' like to thank everybody for coming out um especially my friend Gary uh I'm looking forward to working with the people in the town and try to resolve some of these issues and what could I say I'd like to thank all the voters for voting for me there you go appreciate [Music] it okay I would also like to welcome Mike aboard um I've known the mcaffrey family for over 50 years and I am thrilled that he is here we have a very high caliber person and we're looking forward to working with you um I would also like to go back to something I brought up last time about I think we can improve transparency and one of the things I would really like to do is move these Council meetings back to six o'clock all of them because people keep telling me that they can't see what's going on there's a lot of concern and I think that rightly so so I think we should consider that we talked about it before and and it's not a matter of when we can get here it's a matter of when the public can see us and be part of the meetings especially since we've you know allowed Zoom to go on um Kitty already mentioned the tree lighting and I hope you can make that that's always a good time and just mention you know even though shop local day is over please try to do patronize as many of our Beach Haven businesses as you can during the season thank you all right I'm ready okay right um yeah okay I just wanted to um just first apologize to the woman from Jeff Avenue I did not mean a comfort level for someone who could not access the beach my words was taken out of context um I've had a lot a lot of people on Sixth Street um Miss Harkness who recently passed that had trouble getting through to the beach entrance um one because there was no railing so railing is my railings are my top priority but certainly the Comfort level was was not meant um towards any handicapped individual at all and then um my second apology is to the Bookers I I I didn't me I apologize for losing my temper I didn't mean to raise my voice that was very unprofessional so I do apologize for that I just have a really hard time I guess because I'm a teacher too I have a really hard time with um social media and you know talking your issues and problems out through social media I I have a problem with that so I mean just something I have to get used to being in the position that I am so SP $75,000 I do apologize um Mr Boer please please and then as we continue on with this uh holiday season I look forward to seeing everyone at the 12 Days of Christmas at the LBI Museum and um I do believe that Beach Haven is a great town regardless of what some of the public comment is and we're in a we're in a very difficult position and we try to make the best possible decisions with our professionals with our experts to the best that we can you and you can agree to disagree with me but and again welcome Mr mcaffrey I hope you enjoy this year this just like welcome to the nightmare welcome and I look forward to working with you this year thank you you got Nancy on there too oh sorry got n Nancy yeah yeah hi I I just want to reiterate every everybody said this is a difficult job welcome Michael mcaer um I'm looking forward to working with you I I think everybody on Council and all the people that come to these meetings we all have be Haven's best interest at heart we all love the place and we want to see it Thrive and and be the town we wanted to be um so that said uh we're we're working hard we we try to listen to what everybody says and come to the best conclusion and uh that we can um basically uh I will see you Saturday night at The 12 Days of Christmas celebration uh the holiday lights are festive and we're looking forward to a great season uh so um that being said uh good night I you know I that reminded me of one more comment and then we're going to a journ but I want to um thank Sam Kelly of kaplers every year God bless her she donates the horse and Buggies among other things like and the darling yeah she is like citizen number one I thank her and I think I speak for everyone here in the entire town thank you very much to kaplers and to Sam and to Tom thank you all right I make a motion to adjourn thank you meeting adjourn forgot about that just want to remember that