we ready all right so June 10th and um we're in be chaven and it's 6 o'clock and I'm calling the meeting to order and the flag salute will be led by Mr United States Amer persono to 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 municipal building on the burrow website and mailing the same to the beach Haven times the Asbury Park Press and the Press of Atlantic City Mrs B Miller here miss Lambert here Mr mcaffrey here miss Snider here mayor Davis here cash receipts in the current fund account for the period of May 1st to May 31st 2024 were 4 million 59,230 198 cash dispersements in the current fund account for the month of May totaled 5,955 39279 cash receipts in the water utility account for the period of May 1st to May 31st were $ 22,721 68 while Cash dispersements In The Water Utility account for the month of May totaled $7,695 cash receipts in the sewer utility account for the period of May 1st to May 31st were $11,750 while cash dispersements in the sewer utility account for the month of May total $ 38,4 7156 cents submitted by our Treasurer Sher bowler ordinance 2024 11c an ordinance creating chapter 190 tree removal and replacement in the burrow code of the burrow of Beach Haven county of ocean state of New Jersey to establish requirements for tree removal and replacement in the burough Beach Haven to reduce soil erosion and pollutant runoff promote infiltration of rainwater into the soil and protect the environment public health safety and Welfare final reading uh this is the final reading so um unless any Council wants to speak specifically uh to this I'll open the floor for public comment anybody would like to comment please come forward nobody anybody on Zoom okay therefore I I I just want to say I think this is a great ordinance um uh we've learned over and over again the more green we have on more plants and trees um reduces the carbon footprint and uh makes it a much cooler and more pleasant Place think it's great so uh do I have a motion to approve 11c motion to approve 20241 C I'll second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes thank you ordinance 20241 12C an ordinance amending chapter 1777 stormwater Management in the burough code of the Burrow Beach Haven county of ocean state of New Jersey to reflect amendments to the storm water management rules njac 7 col and 8 and to prevent stored stored salt and other solid deicing material from being exposed to storm water second um final adoption final adoption un anybody onil uh I'm opening the floor to public comment anybody want to come forth anybody on Zoom this only makes common sense so um do I have a motion to approve I'll make motion a second I'll second Mrs Bal Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20244 C an ordinance amending chapter 199 vehicles and traffic of the burrow code of the Burrow Beach Haven county of ocean state of New Jersey to establish a four-way stop at the corner of Pennsylvania and Engleside Avenue final reading uh is there anybody that wants to come forward and speak to this ordiance I just like to say yes you know this is a situation where um I don't know if you're here tonight woman came to us was right on that corner and asked gave us some information some things that um I certainly wasn't aware of and um asked for this to happen and the chief got right on it and tonight we're adopting great it shows that public when the public speaks we often con act and get things done um anybody else want to talk to this anybody on Zoom okay so therefore do I have a motion to approve 14 C make a motion second second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20245 C an ordinance amending chapter 139 parking lots Municipal in the burrow code of the Burrow Beach Haven county of ocean to amend and clearly Define the boundaries of Taylor Avenue parking lot final reading uh again this is final reading uh so I will open the floor to public comment relating to this ordinance does anybody would anybody like to speak to this nobody is there anybody on Zoom that would like to speak no I I I would just like to say one thing I I um did have uh somebody that was upset with the ordinance I uh I I looked into it um uh and um this is a person and he had a good point uh that um I'm surpris he's not here tonight but uh a good point that uh he lives in um the call the bay club uh down there and um he says that you said that you know he a lot of people they Park of cars right next to that little area in the parking lot and with his ordinance he will be able to do it um the um uh our police force really thought this was the best way to go but there is a small parking lot uh right next to um the the development um uh the bay club which is um on um uh Del Pennsylvania Avenue and um which is there is an area where people can park through the night on that lot Delaware and Delware and Taylor Taylor right yeah so so that would um allow for people that live in the bay club that have lots of friends and kids staying with cars uh to have a place to park overnight so I think that helps that person a little B okay uh if nobody wants to speak do I have a motion to approve so moves second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20246 C an ordinance amending chapter 173 Solid Waste in the burrow code of the Burrow Beach Haven county of ocean state of New Jersey to provide trash pickup for businesses operating year round in some instances final reading uh again um it's final reading is there anybody that would like to speak to this anybody on Zoom so therefore do I have a motion to approve it motion to approve second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20247 C an ordinance repealing ordinance 20245 C an amending and supplementing chapter 141 peace and good order in the burrow code of the burough Beach Haven county of ation County of ocean state of New Jersey to amend and clarify sections of the burrow code related to vessels within the Burrow's riparian Grant it also is also to recognize and preserve shellfish history protect our current resources and most importantly to educate and promote this tradition to Future Generations final reading uh again final reading is there anybody that would like to speak to this particular ordinance everybody on Zoom nobody all right do I have a motion oh sorry Carol Weisman 310 Southwest Avenue um I have a couple of questions regarding the ordinance um reading the audience read and reading the ordinance it appears that I just want to clarify so there's no registration of the documents or permits will be issued for this correct um there's no restriction on the length of the boat uh not necessarily um uh it's somewhat open but um it has to be a boat that would fit into that area I mean you can't put well I mean if a boat can dock then it can stay there so for example in the past there's been a 27 foot twin engine center console fishing boat that can fit in one of the slips because they've been there is that and that vessel obviously is not a um is not to be utilized for a Bayman says it's limited to the size and type of boats typically used for Shell fishing in barnegate Bay such as a Garvey or a sneak box correct I'm sorry in little L Harbor Bay my old copy all right um and there's no proof of the shellfish permit required to be able as long as you have a vessel that looks like one of the two mention okay um and uh my question is if there is anything that is out of out of character so for example a 27 foot foot twin engine boat how will this be enforced code enforcement this ordinance code enforcement by whom code enforcement okay code enforcement would be so you would call ponal there's a individual who's the code enforcement officer okay all right um so but we would not really know if anyone has a shellfish permit or not right since no one is overseeing this okay all right um okay it also seems to me that elimination of paragraph a of the code now permits these boats to be tied to the bulkhead because there's no nothing in there that says that they can um and that also there could be installation of a permanent or semi-permanent structure in the reparan area such as another floating duck could go in because there is nothing that restricts it they would need the burrow permission to do something like that burrow permission to install something other than a vessel um and what code is that where would you read that I'm just answering your question no I understand all right I mean the it seems to me this whole thing started all right with an um it's not about who has What boat in that area it is about the fact that is a municipal area and that it should be enjoyed by all fairly without restriction and not by certain individuals um as we speak even though this code as this ordinance has not yet been implemented we already have people doing placeholders there so that make certain that a spot is not taken by someone else who might want to come in perhaps one of the four other baymen that you say have uh fish those um fish the beds from our Harbor that they could come in and use the space if this is truly supposed to be something that you're doing for the education and the and the proliferation if you will of the Bayman I fail to understand how this particular ordinance is doing that I don't understand how it is going to be continuing the education and I'm also not certain what current resources are being protected other than people who have had boats there for years that can bring them back without a permit and without any other information it seems to me like it's a ipal area I don't understand why the council would not be getting the names understanding who has the vessels there making certain that they're registered because that if they indeed are doing um the kind of uh shellfish harvesting that you're talking about they would have all those things because that's what they need to do the business and that is what the one individual that is doing this full-time has and has invested the others are primarily pleasure boers and you can be a pleasure Boer and have a Garvey and just want to go out with your family clamming and there's nothing wrong with that but if we want it to be restricted then we have to make certain that we have rules that restrict it otherwise everyone in town that has a Garvey should be able to go there and right now they can't and I am sure there are plenty of people who have small boats and enjoy vacationing with their families and going clamming that would like for the week that they're here to be able to pull a boat in there but that's not the way that it's that it's going to happen Okay anyway that's my comments thank you than you anybody else yes John hbr 319 Fairview a Beach Haven I'm going to make the same comments I made earlier uh before this new ordinance was reintroduced and I made those comments as president of taxpayers Association and as a taxpayer I have those same concern and that is um we have commercial recreational shellfish fishermen and we don't know if they have insurance without insurance the burrow is exposed because they're T being tied up to public property if they had adequate Insurance then the taxpayers could be assured that they're not at risk and personally I'm just opposed to any taxpayer being exposed or at risk when private commercial entities are using public burrow property thank you thank you thanks John Zoom anybody else in the AI okay do I have a motion to approve uh this particular ordinance which is 17 C motion to approve 17c second I'll second it Mrs B Miller obain Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20248 C an ordinance amending chapter 45 entitled alcoholic beverages to establish a theater license pursuant to njsa 30 colon 1-1 19.7 it authorizes the municipality to issue a plenary retail consumption license to a nonprofit corporation which regular conducts musical or theatrical performances or concerts for which admission is charged final reading again uh final reading would anybody like to come forward and speak to this audience anybody on Zoom no I just like to say that again I I think this is a great idea for surf theater and for the town anything that can protect small theaters in town is important I looking forward to it each so is there a motion to approve this ordinance I make a motion there a second second Mrs PA Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes ordinance 20249 C an ordinance amending chapter 212 zoning of the burrow code of the burough Beach Haven county of ocean state of New Jersey to clarify the regulations regarding the American flag first reading discussed this last time um this is there anybody in Council that would like to speak to this it's not a no I will I just you know the devil's in the details we came up with the ordinance prohibiting um feather Flags because a few take advantage and and many don't but it was just becoming a nuance and we just needed to care the Lang you need a mic Kitty we just wanted to um to clear it up because um just the language we needed to to be clear that we never wanted to um limit the number of Ames that was never Our intention okay anybody else in Council no okay so is a motion to approve uh 19c motion to approve 19c your second I'll second Mrs biller yes Miss Lambert yes Mr mcaffry yes Miss Snider yes mayor Davis yes ordinance 20242 C an ordinance amending chapter 111 hotel and motel bed and breakfast room occupancy tax to establish a transient accommodation occupancies targeting but not limited to such accommodations conveyed by transient space marketplaces the purpose of the ordinance is to supplement chapter 111 pursuant to Public Law 2018 chapter 49 which authorizes municipalities to impose a transi accommodation occupancy tax targeting but not limited to and such accommodations conveyed by transient space marketplaces first reading again uh again uh we did discuss this uh at length at the last meeting and but if anybody on Council would like to speak to this um no I think this is a great idea I mean I had no idea that these places online were not paying any kind of T tax so anybody else it is a it is a a nice source of Rue Town keep the taxes down okay is there a motion to approve I'll make a motion it's not public we're not taking you can't you can't intro next time you can speak to this uh this is the first reading and it this doesn't mean it's going to pass this reading this means it gives people time to think about it and at the next meeting they can speak to it one way or the other is there details for us to read once it's introduced it once it's introduced it gets published in the newspaper in full I get posted up on the website in full and then you can come in and get a copy for free and then at the next meeting we hold a public hearing before they consider moving forward thank you I had a motion Mike you were my motion I need a second is there a second I'll second it Mrs ball Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes um ordinance 20 2421 it will not have a c on it is 21 it does not actually amend the code this ordinance authorizes the execution and granting of a deed of dedication and Perpetual Public Access easement to the New Jersey Department of Environmental Protection the purpose is to per per preserve Public Access and perpetuity persuant to the public trust Doctrine now that's a mouthful to comply with the requirement of an approved Public Access plan first reading okay anybody on Council you'd mind explaining that a little bit yeah sure so it's taking all of our existing public access points to the water that are required in our Public Access plan that are existing currently and um giving um an easement to the state of New Jersey Department of Environmental Protection to make sure that it is provided for public access in perpetuity do that cover it yes okay is there motion to approve second thank you Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes all m 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 124 returning piling bonds 125 returning Street opening bonds 130 authorizing application to the local Finance board for full service maintenance and asset management program for water storage vessels 133 returning dumpster bonds 145 returning remaining off-duty police detail escrow and finally 147 is authorizing the refund of redemption monies and a premium to an outside lean holder anybody want to take any of these off for um further discussion all right if that's not the case is there a motion to approve all these resolutions motion to approve the resolutions within the consent [Music] agenda second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes okay at this point we will move on to approval of the 2024 2025 liquor licenses um and if you're not aware each liquor license renewal um will be opened to the public for public comment so we will read the resolution by title open the floor for public comment and then we will close the floor and consider approval so resolu the first one is resolution 135 2024 granting a liquor license to burden Betty LLC with special conditions nothing's changed in this resolution since last year except for the Striking of anything referencing te night based on the ordinance that Council adopted so you will open the floor for public comment Nance would anybody like to speak to this anybody on Zoom right so therefore is motion to Grant motion to Grant second I'll second Mrs B Miller yes Miss Lambert yes Mr mcaffe yes Miss Snider yes mayor Davis yes 136 granting a liquor license to G JC Beach Haven Tavern trading as Buckaloo restaurant and Tavern buckaloos and station 117 with special conditions nothing has changed in this resolution since the last approval anybody speak all right is there a motion to approve make a motion a second I'll second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis uh abstain 137 granting a liquor license to the beach Haven Mara and T Marlin and Tuna Club with special conditions no change es again would anybody like to speak to this come to the microphone and and state your name and address and you need to do this because it's recorded and uh you I just have a question okay um Deborah Greenwald um one Center Street just have a question what the special conditions are and if they're the same for all of these they are not was there one specifically you interested in here hearing well when we get to it okay yeah thank you is there a does anybody else want to speak to this all right um so is okay hi there Don morisy one Center Street I just a following question so in terms of these um licenses is there a consist in terms of how they are treated across each establishment so each are considered individually correct is that correct yes okay so so the fact that we're approving one and we'll get to something later it has no weight or bearing on the individual yeah I missed your name though uh don morisy thank you one Center Street thanks anybody else okay is there a motion to approve this with second second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Neer yes mayor Davis yes okay 138 is granting a liquor license to Murphy's Market with special conditions nothing's Chang this year again uh would anybody like to speak to this okay is motion approve I'll make a motion to approve second second second Mrs ball Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes 139 granting a liquor license to Don rl's liquor store with special condition no changes again would anybody like to speak okay is there a motion to approve the Don Ron second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes resolution 140 2020 for resolution granting a liquor license to waterfront restaurants LLC trading as black whale fish house with special conditions again the change in this one was the Striking of the teen night language uh anybody like to speak to this particular okay motion to approve the mo thank you coling I got you a second Mrs B Miller yes Miss Lambert yes Mr McCaffrey yes Miss Snider yes mayor Davis yes resolution 141 resolution granting a liquor license to the Engleside Inc trading as the angle side with special conditions anybody like to speak to the side teen night language was struck from this one as well teen light language was struck nobody wants to speak right is there motion to approve license for the motion to approve second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes resolution 142 2024 resolution granting a liquor license to seashell Club Inc trading as Seashell Resort and each club with special conditions the teen night language has been struck from this particular license uh would anybody like to speak to this particular license okay George dugat 101 Engleside EV good evening my name is George dugat and I am president of the breakers Condo Association our building is located at 101 Engleside Avenue I represent the 16 families who call Beach Shen home for most of the calendar year tonight I'm asking the mayor and the council to add a condition to every business in the burrow who are renewing their liquor licenses for this year and every year going forward we are asking that as a condition for the license that any outdoor music both live and recorded and at times listed in the town code book chapter 134 listed under noise specifically 134 D2 B1 nighttime hours we are asking that all outdoor music both live and recorded and at 10 p.m. Sunday through Thursday and 11 p.m. on Fridays and Saturdays as listed in that chapter for us at the breakers this request is a response to the late night playing of Music at the Seashell Resort and Beach Club the seashell is located directly across the street from our residence building which is located inside the zero tolerance Zone over the last few years and more specifically the last two years the noise coming from the seashell late at night is excessive unnecessary and a quality of life issue that impacts all our residents in our building we believe this is late night playing of outdoor music violates the town code of are trying to find ways to attract more patrons we believe some of these ideas are leading to a strain on the already underand and stretched Police Department we strongly believe by adding this condition to each and every business that has a liquor license the burrow of Beach Haven is taking a step in the right direction to regaining the quality of life that so many of us want back postco we are asking for your help we need your help please add this additional condition to their license thank you thank you thank you anybody else okay again Deborah Greenwald one Center Street so I Echo um George's uh request for a way to ensure that the noise ordinance is actually followed we've been dealing with this for a couple of years and it's escalating and I just want to point out some make some points here there is an unacceptable noise level the noise emanating from the shell after 1 p.m. is unaccept unacceptable and disruptive to our community the disturbance negatively affects our quality of life making it difficult to relax or sleep in our own home the change in the situation has dramatically this has dramatically changed in the past two years since the late night music has moved outside previously such disturbances were not an issue indicating that this is a recent development that requires immediate action we believe this is an ordinance violation the current noise levels are out of compliance with the Beach Haven noise ordinance which is designed to protect residents from exactly this type of disturbance we want a zero tolerance policy and asking for a zero tolerance policy towards violations of the noise ordinance consistent and strict enforcement is critical to ensure that all residents can enjoy peace and quiet during the late hours all as residents we are required to comply with the laws of Beach Haven and we expect the mayor and the council to enforce these laws and ordinance equally and fairly no establishment should be above the law and since we've been dealing with this for the past two years calling the police I believe there were 44 complaints last year nothing has changed and so we would like something put in place an addendum to the liquor license that ensures that we will not have to spend one more night Sleepless in Beach Haven thank you thank you anybody else good evening uh again my name is Don morisy uh one Center Street um again I I want to just thank you for the opportunity to speak at tonight's meeting and uh I am here and I'll Echo much of what you've heard already my concerns about the noise level at the seashell particularly those after 10:00 this is a quality of life issue for me and the other residents in the neighborhood there are noise ordinances in place in Beach Haven and they've been on the books for many many years and but they have not been enforced and I think that's what I'd like to underscore here they have not been enforced uh the fact that there were 44 noise or uh noise complaints last summer with little or no consequences on the seashell that demonstrates that there is an issue uh they are repeat offenders and they show little regard for their neighbors um now I've been coming to be shaven my entire life the seashell has been here most of the time and I've enjoyed my experience with the shell but something has changed in the past couple of years the noise is louder and goes beyond midnight many times my my wife and I cannot sleep my wife's here with me this evening uh We've called the police we've invited the police into our home to listen to the noise from the seashell that we're hearing we' met the police on Center Street outside of uh the seashell I've spoken to the owner and and I've been Shrugged off when I spoken to him so I'm here this evening with my wife my neighbors to express our view that this is not tolerable and we urge the mayor and the councel uh to add an addendum to the seashell liquor license requiring outdoor music to cease at 10 p.m. on weekdays and 11:00 p.m. Friday and Saturday this is the ordinance it needs to be enforced and that's that's what uh we're here to that's what I'm here to uh ask of you thank you very much anybody on Zoom like to speak anybody else in the audience Diane silure 1 Center Street uh the sh is certainly an asset to our community but nevertheless we have had to endure continuous blasting noise uh I want to read only the last two sentences of the Shell's action plan to reduce Outside Music leakage and this I'm quoting with a combination of these measures they have previously measured a uh had identified eight measures uh the sound companies we hire to help us resolve this issue feel that there will be massive sound Improvement and Noise reductions in essence keeping any music any music within our boundaries and not bouncing around the neighborhood this action plan has not been successful uh I tried to think well when do I get relief so I'm telling you when I there are three ways I get relief uh I get I the only relief I have experienced has come when there is a change in wind direction but that means someone else is probably experiencing louder noise number two when there is inclimate weather to cut down on the size of the crowd or to can can uh cancel the outside music number three when there is softer music without drums things are a bit more tolerable but only until the crowd starts singing hundreds of people singing at the top of their lungs after a night of drinking I am in favor of the petition limiting outside hours as victims of Music leakage number one we have had to hope our calls to Township made their way to the beach Haven Police they didn't always make it number two we had to hope that the ban did not take a break before the police arrived number three we had to have the police in our bedrooms in the middle of the night I don't know if you could appr appreciate how disturbing we shouldn't have to do this uh so that they could hear how much worse the noise was uh than at ground level and number four we had to make a second call when things did not improve since the first call uh call as I understand only resulted in a warning uh the shell has the option of moving music inside but what is our option where do we go if the noise is unbearable we so very much need the help of council we hope our petition will allow us to once again live in peace and harmony with the shell NY we do have one on Zoom okay let's have the zoom person Holly f um I would just um Holly Faz aot 109 Center Street and just want to uh reinforce everything that my neighbors have just said as it seems like this has been going on in perpetuity uh as long as we've been here which is about can you just repeat your name and address for the record we couldn't hear you sure it's Holly bazot I'm at 109 Center Street okay go ahead and I just basically wanted to go ahead and uh reinforce everything that uh has been spoken in uh in direct person already so I just wanted to make myself heard in support of everything that my neighbors have just said Thank you thank you thank you uh anybody else in the audience David Greenwald one Center Street I'm gonna be very brief our children and our grandchildren can't sleep and it's very hard to explain to them like what's going on I have nothing against the shell I go there all the time I like the food I like the drinks but you know if I go there and I have a few drinks I don't get in my car and drive away because that's against the law I don't go and urinate in the parking lot because it's against the law what I'm asking the council is just to help us have the laws be enforced thank you thank you yes uh hi I'm Joel scar on Center Street I'm going to be very brief I'd like to first off Echo the sentiments of the five previous speakers about the noise uh coming from the seashell and I'm very confident that the mayor and the council here will successfully address our concerns but if you don't I have a request to please remove all the street signs about the noise ordinance because what's going on right now for a fairly prominent section of our community is making a mockery of those signs thank you we have one on Zoom George your Diane's husband and I just want to repeat what she said you know we've been there almost 30 years and the shell has been great but the noise is just beyond control and you know that that's it okay the zoom whoever's on Zoom would you ask him to speak a little louder sure Carrie brand yes can you hear me yes just speak loudly please it's Carri Brandt 19 Center Street I want to support my neighbors but I also want to support the seashell it's a nice place to go my the biggest issue that we have is noise after they let out on um mostly down North Atlantic and I I presume goes the other way to we I would request more police presence not necessarily to give people tickets but to try to keep the quiet you know 2 am and 2:30 a thank you thank you thank you anybody upse yes I'm Mary Lee GNE 16 Second Street and I want to e obviously Echo what everybody has said and I took a picture of the I took a picture of the residential quiet Zone sign that is literally on the corner of 16 of SE Second Street and Atlantic and it says especially at the end uh please respect the rights of others and so I don't think anyone is asking that the shell not be given their liquor license I don't think anybody is asking for the shell not to be allowed to have music but I don't understand why when before covid the music went inside when the quiet time started and I don't understand why that cannot happen again um and right now as I know you're aware um Madame mayor the music Echoes off of the houses across the street from us and right back into ours so it's it's it's craziness it's just crazy and there's no reason why they can't go back inside the way it was prior to covid thank you thank you anybody yes good evening I'm Tom Hughes 425th street along with my wife Sher my children were the owners of the seashell and I just want to get up and address the elephant in the room um first of all this we we hear you I completely hear you we I hear you I'm I'm owning this okay I'm sorry I do want them to hear because they are my neighbors we've been good neighbors for 60 years we want to continue to be good neighbors we do recognize and burough Council understands us that we had a problem last year it hasn't been the last few years it hasn't been since Co cuz that's incorrect that we moved music outside completely after Co we've been playing music outside since the 80s my family has owned the seashell since 1960 last year is when our issue started and I'm going to talk about what we've done to address it we've always had a stage on the beach we've always played music on the beach we enclosed the stage last year we got a permit to do so but enclosing that and putting a roof over over our stage created a big problem for us it basically turned it into an Amphitheater no matter what we did we could not control it we didn't realize from the seashell that we had an issue ex initially because if you sat at our one of our beach bars or up on the beach it sounds great well I would go home at night and walk out onto Atlantic Avenue all of a sudden be like oh my God it's bouncing all over the neighborhood we didn't know what the heck to do with it we got through the summer and by the way we received four noise violations on Labor Day last year first time ever that we received noise violation at night at the seashell regardless of what anybody else says we received one 7 years ago at 5:00 in the afternoon on Labor Day Sunday but never before at night so let me address what we've done to deal with this um even though our sound system as I said before sounds perfect to us at the seashell we do recognize that music was bouncing all over the place so we hired a sound consultant to come up and take a look what was going on um that consultant came up and he was very quickly able to diagnose the problem with the seashell he also created a design for a brand new in-house sound system that would eliminate the issues that we were having before a band would come they load onto the stage they' turn their speakers on they'd do whatever they want to do turn it up turn it down if it's too loud we could ask them to turn it down but they had complete control over the system at the taking the recommendation of the sound engineer that we had we had a local Company Mark Keeler a lot of people know Mark he's a local sound engineer he came up and he designed an in-house sound system for us that does several things IT addresses music to our customers and our customers only it completely eliminates the bands from bringing their sound system in now they have to plug into ours he has limiters for lack of a better term on it it cannot exceed 65 DB 60 DB is normal normal convers or conversation excuse me so they can't go higher and if we one of my children determined that it is still too loud we could UT phone we get our phone out and we can eliminate that and lower it right away but the bands have no control over it Jamie's going to talk to you a little bit about what's happened so far this summer and the changes additional changes that we've made not only in our times of operation but in the types of music that we operate outside um let me just Jamie's going to talk about that this is new this year it's in place it's working so far and Jamie's going to talk to you about that all I'm saying is I apologize for last summer but you got to give us a little bit of chance it is not this summer there's no not going to shout from the audience to my knowledge and I spoke to the chief of police there's been no noise complaints so far this summer that's what I was told by the chief of police he's he's in the the chief of police commenting everybody gets their speech Yes the chief of police told me this last week we've been opened six nights Memorial Day Weekend basically and he claimed according to that that he has not had any noise violations whatsoever so we're addressing the problem we'll continue to address it we want to be a good neighbor we always have been whatever it takes to do so but if you give us a little bit of chance to see that these issues are being resolved then we can move forward if we can't do it on our own then we're going to have to come up with a better idea but I think we've had a great action plan that action plan is working and uh just give us a chance and if it's okay i' like my daughter Jamie to come up and talk a little bit about the bands that are playing the times and how we have scaled back to make it even more uh enjoyable for our neighbors thank you have to the address okay Jamie Bo seaw Resort 10 South Atlantic Avenue just speak a little louder microphone and just to remind everybody in the audience just can't talk to each other you you'll have your turn to speak with perfect thank you for giving us the opportunity to be here um like my dad said uh we are trying to be good neighbors to all of you and you know if you could just give us the opportunity to get a little bit further into this summer to prove that to you that would be very much appreciated um obviously we are family-owned and operated we have been since the 1960s um we've always tried to strive to be the perfect combination of relaxation and fun for locals and for tourists um and we love being a staple part of everyone's summer fun and we have been for many many years um so just to kind of explain how the seashell operates and obviously I know most of you understand this but we are seasonal and we are only operational six months out of the year of those six months uh we only offer live music during a few certain months our preseason music consists only of nine individual nights that's prior to for the July weekend basically is what we would consider preseason our full season of outdoor live music is only 10 weeks out of the year last year we did have music that ranged from acoustic artists all the way up to four five six piece bands um we did notice that there was an issue with the bigger bands and since I will explain shortly what we've done to kind of overcome that first I want to start to just discuss the time frames of Music how we were last year and then move into where we are this year so last year on nights we basically decide on like what we call club nights and then non-club nights so our non-club nights are Monday Tuesday Wednesday Friday and Sunday um previously we would have live music outside on the beach until 1:00 a.m. on the opposite nights Thursday and Saturday which we would doem more of our club nights or our nighttime Lively nights we would have music until just before 2: am um of those nights Saturday nights were the nights that we had bigger bands over the past year obviously this has been an ongoing situation with the neighbors and to kind of combat that we've decided to make a lot of drastic changes for 2024 um for right now the easiest way to explain is we've mainly booked acoustic artists and Duos and trios rather than larger bands um with the exception of a few of four or five piece bands on holiday weekends everything that you're going to see on Saturday nights are going to be no more than two to three people um we have completely eliminated DJs on Saturday nights outside as to reduce the music for our neighbors um this year we are going to switch the music completely for those weekdays that I mentioned Monday Tuesday Wednesday Friday and Sunday we're now going to be ending music at 11: PM no longer at 1:00 am um this is basically two hours earlier than last year and then with Thursdays and Saturdays we're going to be ending music at I'm sorry at 1:00 am which is a full hour earlier than last year this is a decision made on our end to be better neighbors this is not a decision imposed by Council or by anyone else this is a decision on our end and we're hoping that this is something that can make everything move forward and become you know a better situation for everyone um my dad did point out that we installed the in-house sound system and certain changes to the beach um we all have an app on our phones so everything that is controlled by the used to be controlled by the bands is now controlled by us so when the bands show up they plug PL in they we the way that Mark has designed it is that when they're when they initially plug in they're at the absolute highest that they can be there's no way for them to turn it up higher there's the only control is on our end and we can only turn it down lower we can't even we can't even control it to go higher it is literally set to an exact level where the decibels are perfect for what is required um in the installation of that sound system actually in the past week week we've even changed it more so there are four main speakers on the the stage there are speakers surrounding it as well we just put a new uh installation in to be able to separate those two systems so if we deem that the musician is too loud coming out of the four main speakers we can actually shut off the surrounding speakers um and that can be a discussion of us controlled by our phone only the only people that have access access to that is our management um we have four sound dampening panels on the back side of the stage and those speakers that I just talked about that we can individually shut off they're all directed to be pointing down to the sand to absorb the sound and then also away from all of the the main entrances or where the music was leaking before so you're eliminating any speakers being pointed towards the north the South or the West um I know this was again briefly mentioned before but just something to point out it is yes aware we did receive complaints last year from people um Memorial Day Weekend 2023 we received six complaints Memorial Day Weekend 2024 zero um preseason 2023 we received one noise complaint preseason 2024 zero um so what this shows is that the steps that we've taken to mitigate this issue they're working what our neighbors and you will come to realize this we haven't entered the season yet you guys haven't given us a chance to utilize this to its full capacity this was all just installed our full season music schedule hasn't even started yet we're still very very preseason um so while yes there was an issue in the past we don't foresee there being an issue in the future um and we are doing our absolute best we want to be good neighbors we want everyone to be happy we want to coexist with everybody peacefully um but we you know created this action plan meeting with you guys in the fall and enacted it over the winter and here we are now going into our season ready to implement it and really fully see what kind of changes it has made thank you thank you I'd like to give some folks that haven't spoken yet a chance to speak before we hear anybody speak again on Zoom Amanda Burton I just want to um say that I really appre your name and address for the record I'm so sorry Amanda B 218 Amber Street Beach Haven um I just really appreciate what um the owners of the shell have said and done I love the shell um as they said they've been in business for 60 years and this was a new problem and they didn't realize how bad it was and once they did it looks like they went to great efforts to make some changes and I really think we need to give them a chance to see if this um is going to is going to work as well as they say it's going to work and um I think they've been good neighbors for 60 years and I really appreciate that that's that that's who they want to be so um I I really appreciate what they've said and done thank you thank you I have another one on Zoom hi my name is Joe Canen from 19 Center Street I just wanted to um ask what's going on with the teite situation in LBI 20124 summer e e e and that's what we're looking that's what we're looking for I think they were all done in good faith I I think you know love the business Tom's a good guy we're just looking for compliance with the ordinance and the early returns weren't good right so that's what we're just looking for how what happens if not right what happens if not because what we heard last year was that during the season we can't make changes right during the season it's all it's set in motion we can't make changes Money's been committed to bands whatever it is we can't make changes right so now we're going to be back here again next year right so what so our view was tonight was a night to discuss it and come up with the plan to drive compliance to the ordinance and that's what you heard George say up front as a suggestion but that's that's what we're trying to do because it had it was unbearable we gave it a shot Memorial Day wasn't better it just it just wasn't and we can have some people come back and talk to it but it just wasn't thank you okay uh is there anybody else I know I want I know our police chief wants to speak um but if there's anybody else that hasn't spoken yet no um eileene Boer for1 Center Street and uh just a few things as I've been listening and and I've been in other meetings when folks have come forward to express their concerns about the shell and I think the 's family has put in a lot of changes and it looks like they're really working with the neighbors and the council to make all the corrections um you know it's a resort town you know I hear music in our building from the yacht club I hear it from the places along the bay that have music on the bicycle that rides up and down the street and and it looks as if they they are making changes in stopping it earlier and closing you know closing it down to work with everyone so I would hope that the council is able to give them some time to really continue to work it through work with the neighbors and it's not just about immediately getting what folks want but looking at the plan over the long run thank you anybody else in the audience before the chief speaks hello all right um I I took some notes trying to answer some of the questions and concerns people had uh on Friday uh my secretary's in the back he uh did a search on Friday and as of Friday we did not have any noise complaints that were called into us us for the seashell if for some reason we missed uh complaints in our search if you want please give him a call tomorrow and we'll figure out how we missed them but um I just want to touch on a couple things that people had uh had talked about so on uh noise complaints our problem with some of the noise complaints that we had in the beginning and yes we did have 44 um noise complaints that they received warnings on those noise complaints when we go to them we were going to the seashell we were trying to figure out where the noise was coming from we have to according to the ordinance we have to wheel off certain distance and we it has to be plainly audible we have to be able to turn on our body cameras and document it because we have to come in front of the judge and you know testify to what we heard so if we can't testify to that and we can't show proof to it you know it makes it look bad it makes it look like we're harassing um so we we try to have definitive proof so that's why it took so long um at the neighborhood watch meetings some of the residents from the condos came and explained more where the where the noise was actually happening because we weren't we weren't getting that information from dispatch so once they explained where they were hearing the noise at we figured we figured out that um the way the sand was set up it was projecting the sound upwards and we started issuing tickets but that was towards the end of the summer and I understand why people got frustrated with it um I have talked to Mr a couple times this this year already he has checked with me a few times to see if uh we had any noise complaints and I did tell him we did not so if I'm wrong I apologize to the people who complained um an idea that uh you know I I know in previous uh special conditions in the late 90s the owner of the seashell uh stated that Saturday afternoons from 3:00 to 7:00 they have outdoor entertainment and 4: to 8 on Sundays they have live outdoor entertainment there would never be live entertainment in the outside bar in the evening obviously that's changed but this was in the late 90s there was not outdoor entertainment in the evening and that was from the owner of the seashell um during a public comment so now there is he did invest a lot of money into this from what he said he has a plan the thought on the plan is that if it doesn't work we're going to be in the same place we were we if we add a condition to his license that says something along the lines that if we receive a noise complaint and the police go to it and it's a Bonafide noise complaint we will issue a summons and then immediately upon isance of that summons during nighttime hours they would turn off their music for the remainder of the the night that would if the music situation that they they did fixes it we'll never have to do that but if it doesn't we have the ability then to make them turn it off that's something for you guys to discuss and think maybe it's an option um this would give the ability uh to quiet it down at least for that night and then after a certain amount of noise ordinances the council could call a meeting and have them appear before you and then you could uh sanction them with special conditions which would be you know maybe uh you know no no outside music after 10m but I think given what they've put into it I would hope that we would give them a chance um and if you put stipulation in there like that it would make it so that we would be able to at least turn it off if it is loud does anybody have any questions what would you mind clarifying what a Bonafide complaint so would look like sound like a Bonafide complaint would be if somebody from Renaissance condos called us and said I'm at this condo number and it's loud I can it's it's disturbing us it's plainly audible we will go to that residence and we will listen to it we'll turn on our um body cameras we'll listen to it and if it's plainly audible which means that we can testify in court that you understand what what the song is you you can and hear uh you know what the people are chanting whatever it is then we would go next door to the seashell and write them a summs um you could you turn off the music at that time if you put a special condition in there saying that we could then we would have the ability to do it if as of right now no we can't as of right now we could go over we could hear a noise complaint we could write him a ticket hand it to him and he could keep playing for the rest of the night when the next person calls we can go and issue him another ticket and we can keep doing that seven times s in one night not that it's ever happened but if you put something like that in the uh special condition then we could make them turn it off it would be a special condition on their license it would be a rule and if they don't do it it'd be a violation of their liquor license is it true that they didn't get any violations during the season last year they just they got them only on Labor Day I don't I don't know what the dates of them are um it's possible but I know it was uh sometime in August when uh the people from Renaissance condos came into our neighbor Hood watch meeting and that's when we figured out why we weren't because we were here we were going we were responding ground level and the sand dunes that are around his property we're making it where you could barely hear it from the street so if uh you know I I wish we would have been able to do something earlier we just you know we don't have the ability to go Uninvited into somebody's home so that's why we explained to them invite us into your home or have us come to a certain location it has to be 100t away from from the property and then that's where we'll document it so I I have a question as well I I I I think it's people have to understand I guess that they they need to make the dispatcher know where they are where they're calling from and so that you you can get there one of the problems I see is we don't have our own dispatch dispatcher is somebody far away it's in a they have to get back to you and I know um that doesn't always happen which is frustrating what I would suggest is that the person that calls and makes a complaint says that they want an officer to come to their place of residence wherever they're at and have the officer meet them about a noise complaint and then we'll show up there knock on their door and talk to them I know it's disturbing to be at somebody's house at you know 1:00 in the morning but this is the way we're going to have to take care of this problem if if it continues did you find that people in the audience tonight have does that other microphone work some of the people in the audience tonight have suggested that um the staff at the Shell did not um go into the parking lot which is part of their um speak they supposed to be going into the parking lot and closing I don't know why this um and seeing and make you sure that everyone's quiet as they're exiting The Establishment have you you not seen that happening my officers deal with their security people out in their parking lots um you know they don't come out into the roadway generally because that's not their property but yet they have they have three parking lots on the uh you know on the west north and south side of their buildings and there's always security out there there's always security either you know helping people who are you know trying to find a way home or you know dealing with people that they've kicked out or just walking through the parking lot to make sure nobody's vandalizing anything I mean there's always security there it's I don't know if they're um necessarily doing all the time what they're supposed to be doing but they are there is it a big problem when they let out or is it it's a big problem at every bar when they let out you're coming out of a bar where where they're playing music and you know they're coming out and walking down the street still talking at the volume that they were talking at next to a speaker so it is it it's a problem in at every establishment yeah I think that's gotten a bit better it used to be much worse I think but um it I mean personally I would I I wanted to just say all the all music has to go indoors at the curfew time at the time 10 o'clock on the week nights and 11 on the week that I I feel very you know it just is very annoying because I hear it too and I've had people call me as way to the way to the north of me about the music and then they call me at night uh basically um I I don't want to hurt a business and what I think might be the best solution is that we put a condition on the liquor license as you're saying that if the music does doesn't get turned if there's a legitimate complaint after curfew time uh the music gets turned off I I would say and it could be reworded however but I would say immediately upon the issuance of a summons for a Bonafide noise complaint during nighttime hours is defined in uh ordinance 134 the PD will ensure that outdoor entertainment ceases for the remainder of the evening I mean maybe there might have to be rewarded a little bit but it needs to be strong enough that there's just no no outdoor music if they get a complaint after say 11:00 yeah but you're still giving them a chance you're giving them a chance if it does work and they don't have complaints then right but I it goes night after night after night then you if we we you do have to say no Outside Music this is with any any liquor establishment if they have multiple violations of their license you can call them back in for a special Hearing in front of the council and make changes to their license right then and that would be the time to then decide that no outdoor music but that's up to you I mean I think something like that I mean of course we'd have to put that condition on the liquor license today but if we did have the ability if this continues I mean I don't want to hurt anybody's business I don't think anybody does um but it it it isn't it sleep deprivation is one of the worst things that can happen to people it's really bad for your health it causes heart attacks it causes stroke and and and it really is annoying so um and then I mean there's other there there's a lot going on around town I mean people some people rent there and we're just now charging people to rent there's and they they renters that don't come back uh because of the noise in that neighborhood I know but um I I wouldn't want to hurt the business I think it's a great establishment I know they're trying hard to mitigate this problem but we we won't know until we see how it works I did hear music Saturday of Memorial Day weekend in my bedroom like I said if if somebody did make a complaint to the police department please call us tomorrow and we'll look it up and find out why we were not able to find it in our search because I don't want to give out false information if you know that's the case but I'd like to know how everyone else on Council feels about this at least a little bit and I I don't I personally I hear what everyone's saying and I sympathize with everyone both sides but I don't personally think it's fair to impose these conditions tonight until the hes have until the hes have a time have a chance to think about it and at least wait a month before we adopt something like that um or vote on something like that that's just my opinion um but I hear how everyone feels and I'd like I'd like to hear from the rest of council I have a question what the Chiefs wait a second I have a question I don't know Mr padul or the chief um there's a state nor noise ordinance correct yes would that supersede the burrow no you've adopted both of them actually you have a noise ordinance and then there's as an alternate means of enforcement you have the state D ordinances in your code additionally what the chief was alluding to is you as the governing body also have authority to enforce liquor laws and regulate your license establishments you're not limited to going to Superior Court so you can issue charges here for example for conducting the business in um such a manner to become a nuisance for ex I'm just reading from the regulations quality of life noise litter urination Etc and the ABC code provides for suspensions for that for first offense it's 10day suspension 20 30 days for subsequent offenses so you have the authority to have those proceedings here and the standard of proof there unlike um Municipal Court which is beyond a reasonable doubt here it's just a preponderance of the evidence so you do have a little bit more flexibility in terms of enforcement and my question is the Hughes has indicated that they have the ability to control the deciel level so if we can have that to whatever the legal limit is now I know one lady mentioned the singing and I don't know what you do about that but um I don't know if you have the ability to tone it down I would like to give them the opportunity to do that well I sort of came in on the tail end of this this was a lot of this was going on last year with the complaints and everything else and and I kind of like the the idea that the chief has where is if there is a Bonafide complaint they can come in and just shut them down and if this keeps happening then they come in front of us again and we'll we'll deal with it then I mean I understand that they spent a lot of money on what they're doing right now and there there is a problem they're trying to rectify it if they can't then we're going to have to do something about it that's all there is to it Jamie so I really think we need to be equal on this especially with outdoor music on the other special conditions for bird and Betty they're not allowed to have music past uh 10 on weekdays and 11 on the weekends on Tuckers they not allowed to have music on their rooftop deck or in their where they have their new outdoor dining and that was because of specific complaints from the public so I think we really need to meet in the middle here and I think that the chief's recommendation is the right thing to do whereas we're not eliminating outdoor music at the Shell but we are putting some type of condition in place because of the over overwhelming 44 complaints is a lot of complaints and although the solution it's still early and we haven't had a you know a full feel of if the solution is actually going to work I think we still need to have something in place so we don't have as many complaints as we did last summer so I think the chief's resolution is really meeting everyone in the middle in where if a complaint is called in and the police do come and they do according to 134 2B with the 100 feet and the recording and they do give a summons then the music has to be turned off for the remaining of the evening I think that's meeting in the middle I agree anybody else on anybody other comments on Council okay so uh yeah you want to come forward and speak duplicates you'll be next this will take 10 seconds so I I just want to speak on the uh the complaints so everyone keeps using this number state your name and address for the recording Jamie I apologize Jamie Bo 10 South Atlantic Avenue um so everyone keeps addressing this 44 complaints according to the notes provided to me by Chief um it was 42 which is okay it's only two difference however what I want to point out is of those 42 only 38 of them were at nighttime and of those 38 24 were unique complaints the rest were repeat complaints um so I took the the sheet provided by the town which is all public knowledge um on 1 two 3 four five six seven eight different occasions complaints were made multiple times within sometimes 10 minutes of each other so I know that number keeps getting tossed around and makes it sound like a lot makes it sound really bad but it's really not when you're looking at it it's actually 24 complaints well I mean I'm just saying you can't you can't call you can't call repeated please address the back and but when someone calls and then they call again 10 minutes later and then they call again seven minutes later I feel like that shouldn't necessarily count towards this number to make us look worse than what it is that's it thank you thanks well hopefully with this new system it won't happen I hope so yeah okay so I'm opening the floor I mean the floor is open so yes come for you're I'm sorry you're next uh George dugat uh one one Engle side um just three points I want to um get back to um the 100 foot rule I'm within the 100 feet I'm directly across the street from the seashell so I don't know how you can stand in my place and clearly hear the music and I'm within the 100 feet I have an app that says from the band shell to my front window is 375 ft it's more than a football field and I can clearly hear to music at night in my place that's one two yes it sounds like this gentleman spent a lot of money to improve this but I spent a lot of money to to buy here okay and so did a lot of other people behind me okay and three you know I I don't know what else to tell you but you know I really would like to have the music stop at 10 o'clock and 11 o' it's just too much and also we do have a business people are not building rent during the summer and I'm there all summer long I take care of the building and when I talk to the people that are renting they've also said to me it's pretty uh it's pretty loud and finally I invite you all come come to my house on Fourth of July because it's going to be a perfect storm it's stunned Thursday it's 4th of July and everybody that's in town is going to be rolling over to the seashell and it's going to be it's going to be crazy and I think you should all come over and see what goes on at night you know there's people that say well I'm calling from such and such you know what you don't live there you don't live through this I'm sure he's trying to do his best but it's just not good enough at this point Thank you thank you thank you okay hi Deborah Greenwald one Center Street um I personally went over there on Memorial Day weekend and had an altercation the reason why it's stopped I know that you noticed that it stopped was because I got in his face and I said turn it down because I'd had enough we have spent two years asking them to turn it down every time it's we're working on it we're working on it whatever he put in place isn't working because that weekend it was out of control so I think the proof is in the pudding and now we need consequences we need compliance and consequences and that's what we're asking for real compliance and real consequences and zero tolerability for it we live in a zero tolerance neighborhood that's what the signs say everybody has to follow the laws and I think that in order to ensure that they are following the laws we are asking for the music to go inside at 10 o'clock on the weekdays and 11 o'clock not 11 o'l and then one o00 that's very nice that they're doing that but that's outside of the regulations so you can see even that is proof that it's give it an inch and take a mile and honestly it's it's really unbearable um so you know because we spent the past two years complaining 28 complaints is a lot of complaints it's a lot and if we call back it's because multiple people are still not able to sleep so we're continuously calling because nothing is happening and that's the issue if nothing happens we're going to keep calling and complaining that it's still loud and we still can't sleep that's why there are multiple complaints we want to assure that this will stop now we need something in place so that it stops now not a month from now not a week from now today we need assurance and I don't understand why other businesses like bird and Betty and the other ones have been able to put this ordinance into place as a stipulation for their their liquor life since this look look at we came out in force here we came out in force on a Monday we took off from work to be here because this is important for us this is affecting our lives and talk is cheap and we've been hearing talk for two years so The credibility and the promises I'm sorry but based on a couple of weeks ago when I had to March over there you know that is proof that that it's not true this isn't Wildwood this isn't Seaside Heights this is what it's turning into and we don't want that that's not why we're here and I don't think we we're asking him to not have music Move it inside the business was thriving before there's no reason why the business can't Thrive by moving the music inside 10 o'clock in the weekends 11:00 on the week 10 o'clock on the weekdays 11 o'clock on the weekends thank you thank you thank you anybody else want to speak Dian silure one Center Street uh this comment about there were no calls okay I'll tell you as Deborah was over there I had no idea but my finger was dialing the police okay and then the music sto here again the burden keeps being put on us okay we have and how does why should we be always responsible to call that's what I don't understand I don't understand why the burden is on us to have some kind of reasonable hours and we don't have them so had Deborah not gone over there and had the altercation you would have had a complaint for me and that was the Saturday of Memorial Day Weekend the following Saturday was the Saturday where the music s started out kind of soft but when those hundreds of people start singing it it how how is he going to control the decibel of the people's mouth I want to know would you answer that me how are you you have to address the council you have to address the council okay well I I I want to I would like to know how that's going to be controlled because when they all start singing it's bad and if you don't believe me I'm inviting you to our condo in the middle of the night okay we'll be in our pajamas all right but I've learned to put on my robe and get ready for the sit on the sit outside and wait for the police and then I apologize because they are we we are taking them away from way more important things so thank you thank you anybody else yes okay yeah hi mayor I'm Bill Hudson 23 West Washington Avenue Beach Haven Inlet as we all know we're constantly in here about noise at the businesses we have to find a way this is a tourist Island we have to find a way for everybody to work together we have to give them the chance to spent a lot of money we have to give them some chance to work with it and then we can do something if we need to now this is the first time I'm hearing about the singing it may be the first time this audience is bringing up the SE the singing maybe there's something we can do about the singing which seems to be a major complaint more than the music so we have to we have we we have to do something we can't just keep working on our businesses it's just very short season and it's a tourist Island thank you so much thank you uh anybody else Tom okay Tom Hughes 425th street I just want to clear up a couple of things the young lady that came up and said that she had an altercation with us and then the music was turned off I never turned any music off that was just the level that it was playing at as far as the weekend after Memorial Day we didn't have anything going up there that night and not once have I ever heard hundreds of people singing think it'd be pretty cool if they did I wouldn't want to disturb our neighbors but that just doesn't happen other people that have gotten up the saying nothing has changed are not giving us a chance we've only been open a few nights Everything Has Changed that system is set up so out in the street 100 feet away from the seashell it will not exceed 65 DB which is normal conversation so I get what everybody's saying I hear it we're working hard to do it if we're not able to be successful doing this then do what you have to do give me a chance thank Tom you did not have entertainment this Saturday after Memorial de we you know what did we yes oh we we had we did not have a live yeah we had a wedding going on that night so if we had a Duo you had a wedding so that but not not a band two guys playing guitars right so thank you but again I hear everybody just give us a chance if if the singing were involved wouldn't the deciel level be a combination of the band and the singing it yeah it would be but I honestly Kitty I'm there every single night I've never heard hundreds of people people singing Just I mean maybe somebody's up there dancing to the band maybe they are singing if they're having a good time but I've never experienced that honestly assuming we all be part of the noise but all right thank you thank you anybody else David Greenwald one Center Street uh I seem to remember that last year um the shell also said that they were going to be making these kind of alterations I think that I think that we have copies of papers where they've said this I've worked um as a sound person in in the EM Motion Picture industry for many years and I think it's going to be incredibly difficult to do what they say they're doing um the the the big problem is the bass and the drums and they're very hard to control and have a band still sound good so all we're asking is that um there's compliance like with the law and that they obey the law I think you know just to keep giving chances then for us to be here next year and the following year I don't think that's really fair to us you we want to be good neighbors to them and we want them to be good neighbors to us so I think we should all just follow the law you know just like when I leave and drive home I'll you know Drive the the speed limit thank you anybody else mayor we got to wrap it up can't let multiple multiple we've talked we we've had these discussions Sherry we've done this before I'd like to wrap it up too but go ahead Don moris one Center Street um I guess from my perspective let's just keep it simple as possible Right we have ordinances on the books we would like those ordinances to be complied with I'm heartened by the efforts that um the owner is trying to take I think that's good news at the end of the day he needs to comply I think the the approach that the police chief he there was some innovative ideas that he he suggested in terms of um giving him the ability to shut down my concern with that however is that this issue has always been about enforcement and they have not been affect it is not effectively been enforced so by going to that method you're putting the pressure on the chief so again I would like to go back to what a couple of folks said what George has said what Deborah has said the easi and most effective way to do this is to revert back to the approach that was taken in the past move the music inside in that way we know that has been an effective way to Institute and comply with the law so again I I I I think there is an approach I think there's an approach that is is relatively straightforward and I'm all for a very successful seashell believe me I've spent a lot of nights and evenings there I wanted to succeed but we also need to be mindful of the neighbors so thank you thank Youk you uh we do need to wrap it up but if anybody this this is it okay I've got one on Zoom then Brian Boer 401 Center Street um just listening to this for the last couple of weeks it sounds like Tom has scientifically tried to address the decimals and the noise but what I want to talk about is no matter what I raised my kids on Doc Road and we've discussed the things that we've dealt with living in Beach Haven as far as people in the backyard people urinating it's going to happen we are in the middle of a resort town in the middle of three of the most popular bars on the island they have no control at 2:30 in the morning when three four 500 people let out of a building I mean they they can't be responsible for those noise levels and people urinating in the street their their personal decision is made by adults that they have no control over I just want to point that out because a lot of the complaints about urinating and noise in the parking lot people singing they they have no control over that none of the bars do actually but thank you thank I I you know my feeling on this and and I you know we you know we're in the process renewing his Li licenses um I I really feel I like the the chief's compromise and um and I think I I personally yes I would like all the movie music to move in inside I I and you can make it as loud as you want but if Mr Hughes and his family thinks that they can keep the music down uh to a level that isn't going to be distressing to everybody I think we should give them a chance I mean we can put in a special condition if this if you're still getting noise complaints um by the end of or the middle of July uh then we will meet together and talk we can talk about um restricting or moving restrict putting into the conditions that music goes inside if they can keep it down and they don't get complaints it and it's up to uh the Poli the the citizens around there to call the police explain where uh they live and that they can hear the noise and um and it's up to the police to get there and and uh do this and and basically if if uh the the noise isn't if there is a complaint a legitimate complaint you turn it off um but you can have the music outside but if it if it's continual uh basically uh then you know we decide whether or not we're going to establish a rule that everybody has to move their music inside at the curfew time I think that's spare I I believe in giving people chances and and um to me that that would be a a fair compromise I don't Nancy we still have one more person on zoom and then you want to close the floor and talk to council right Amanda buron hi Amanda Burton 218 Amber Street I just want to Echo what everybody's a couple people have said about um our businesses really need our help they have such a short season we we really have to support them this is a res Resort town the shell really is an iconic business and it sounds like really invested money and time and effort in trying to really do what they can um but but it's a resort town we have to we have to give them a chance I I really like what people have said about really trying to give them a chance and I really appreciate what they've said about wanting to be good neighbors and wanting to make this work and that's all thanks thank you all right so I I I mean I'm just throwing that out as a condition to the liquor license that um if there are legitimate noise complaints after the curfew hour um that that that the music will be turned off what's the curfew hour the curfew hour is 10 o'clock on week nights and 11 o'clock on Friday and Saturday night now really even during during the I mean they're not supposed to have real loud music but at that time at the curfew time you shouldn't be able to hear the the music at all how many no can we going back and forth this the floor is closed well that's true we're not supposed to be doing that but um no I my my my suggestion is which I think uh the chief mentioned that uh if somebody complained at say 11:30 and the police went down down there and they could hear the music it was above the 60 DB or whatever it's supposed to be um then they would go to the Shell and say turn the music off there's no music that's it and and and uh basically if this becomes every night that they have to do it then we could hold a special meeting and then at that time we could say all the music has to be turned off or go with inside after the curfew hours but would give them at least an opportunity to see if this will work for them uh and I mean they just got this sound thing I and basically maybe it'll work and maybe they just need to Monkey around with it and uh figure out how to keep the decb down but I I think we need the ability to stop it if they can't that's my feeling um well I don't know why we're the only ones talking tonight it's kind of important but I I think that um I wasn't at the meeting but you we met with the huses LA this year this past year about the complaints from last summer right and not that we entered into an agreement but we talked and kind of agreed and decided that we would give them a chance to mitigate the problems and I know I believe me I don't want to live where you live I live a few blocks away and I don't hear it so it doesn't you know out of sight out of mind that's it's not really how it is for me but I know it seems that way because I do think that we told them that they should come up with a plan we didn't say to them next summer you're done you're inside all the time or at 10:00 so I think that it's only fair to give them a chance regarding Jam's statement about Tuckers and bur and betties she's right they do have um different restrictions or um but but those were a result of two land use board um decisions because they both applied for um extensions or you know more more room more space whatever and it was a condition of their land use um approval that's why it's different than this situation so um I think that they deserve a chance to try I mean and I I I hear what the chief is saying I don't disagree with him I I don't know that it's fair to Spring that on them tonight give giving them maybe another meeting till the next meeting to to decide on this liquor license um that's just how I feel um can we hold Li license for a week or two well by law if you're going to propose a special condition the leny has to have no of the special condition so if you're going to propose a special condition tonight um the Hughes could walk out with a copy of what you're proposing and we will consider adoption of the liquor license at the next meeting which would be the 27th that sounds fair I have another question so if this if the if the complaints are if the complaint is Bonafide or truly legitimate based upon the decibal level accepted acceptable decibal level um would we be be would we be giving them a warning or a straight turn we would we be issuing a warning first or straight turn it off I I would I I think like I thought turn it off that if they received the summons an actual summons Chief yeah let's have the well that's what I mean by the compl have to be the officer determining that it's a true I would I would suggest a suon summons be issued if it's a legitimate complaint if if they receive a noise complaint they get they get a ticket and once you know they get a few I I don't know how you guys want to handle that but once they get a certain amount of tickets then they have to come back before you but if there's no tickets issued then we're just giving warnings stop yelling from the audience please then we're just giving warnings um you know for offenses and I think that's kind of what the complaint is you would need a summon to back up your shutting I would stop talking or you will be removed so you would have to issue a summons to actually shut them down have you have that's the way yes that's the way it's written yes I would I would I would say issuing a summons would be the best course of action thank you no no well we haven't closed sorry um so I is that work with Council if we say we're going to do this and we uh talk about it yeah I we look at this on the 20 something or yeah that sounds reason that s Fair we get the the wording of it and everything else then we'll sit down and talk okay and I want to make it clear that if there are violations repeated violations where the music is turned off it is more formal than just calling them in for a meeting they will be charged by you as an ABC Board you will they will receive a charge citing citing a statute that they would come and have a public hearing to speak to the charge you could propose consequences suspensions fines conditions at that point it's not just sit down a meeting and let's rediscussed we will issue charges that hasn't been done since I've been here but you have that ability you are the liquor board here so yeah you you have to have some if this comes about um I you know hopefully Tom you can you take this for me you have to have some faith in us and in the um police force in town but it's up to you as residents make sure that you by this and you can hear it that you do make a compl I hate calling I yeah those are for you to keep okay okay thank you so so we can we're leaving it at that everybody's okay with [Music] that so we move on to the next li license yes it is um the um 143 yeah 143 granting a liquor license to Tucker Restaurant Inc with special conditions teen Knight has been struck from this license as well has struck so would anybody like to speak to the Tucker li no anybody on Zoom no all right so is there a motion to approve Tucker's liqu lons motion to approve second did you want to move forward Jamie oh there's in the I'm sorry I was still thinking about the previous one in the uh liquor license there's no mention of the resolution from last year regarding outdoor music in right I I thought they weren't allowed to have outdo music well then we have to clear it up before we vot right it's not cleared up it's not in the it's not it discusses the deck but not their expansion yeah then we have to we have to add I think we should take a closer look at it and make sure that it's what you want to say before we no no that was good thank you all right so we're we're on to the um the Marlin yeah 144 granting a liquor license to the Marin restaurant and bar Inc with special conditions okay uh anybody in the audience or on Zoom that would like to speak to this Laker license and the Teen Knight has been struck from this one as well come forward good evening everyone Mike P PE down 1014 West Avenue question first uh I heard that this meeting was scheduled to renew the liquor licenses last week and I called on Friday to get a copy of the resolution 144 has there been any change since that just the Striking of the teammate language as no change no change so the draft that I have is the resolution that's being adopted today correct okay for the record I object to the changes striking the language for teen night um it's been interesting to listen to the previous application about the aggravating factors that are leading to adopting new restrictions or REM moving restrictions teen KN uh it's interesting that you're basing the uh you're striking teen Knight down out of a liquor license when there's been no discussion about problems in the license establishment that have been caused by by teen night what I've heard about teen night is just that you don't like teen night and you want to get rid of teen night so correct me if I'm wrong I don't have any complaints there are no formal complaints against the Marlin for activity at teen night from the police department not a single not one so I have jacked I I object to the Striking of that language out of the license and the discussion about what we can do to resolve issues to me is the path that we should be taking um I have sat down with you Colleen and you Mike to put forward suggestions that could help solve a lot of the problems with teenagers in town some of them uh have nothing to do with what we're doing and I think we can solve all these problems I really do and so like you're giving other establishments a chance to show counsel that we can do that I am 100% confident that what I've heard about the problems of teen knight from this Council we can absolutely solve so I object to striking teen knight from the Marlin liquor license thank you anybody else like to speak anybody on Zoom right do I have a motion to approve the liquid license yeah I'll make a motion to approve what I'll make the motion to approve I have a can I ask Bruce a question so I mean we all know how I voted last time so if I am not sure about this what's your advice in terms of the I want him to get a liquor of course that's why I'm asking well the language is redundant and unnecessary because T night effective June 19th is prohibited in the buau so so you don't need the restrictions in the license or the regulation of it in the license okay I just want to make sure all right thank you I need a second on the motion second Mrs biller yes M Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis yes I have a bill list this evening in the amount of 1,220 43 so a motion to approve the bills so move second Mrs B Miller yes Miss Lambert yes Mr mcaffrey yes Miss Snider yes mayor Davis that's all we have for tonight all right so now I'm opening the floor and zoom to public comment at this point in time you can talk about anything um anything that you want to say but please limit your comments to three minutes and you have to state your name and address okay John John Hal 319 Fairview Avenue be chaven uh this is going to give me an opportunity to make a public service announcement regarding neighborhood watch because we just heard about the issues from one neighborhood and the issues happening with the seashell so effective uh June 18th uh there will be regularly scheduled neighborhood watch meetings in burrow Hall that that's basically chaired by the chief so at that time any any uh party can come forward with complaints and I would also encourage uh if if the complaints are against the business there's nothing that will preclude the businesses from attending these meetings to hear what the community is saying thank you thanks John thank you anybody else like to speak anybody on Zoom okay nobody on Zoom anybody else in the audience yes very quick um Steve Pico on Center Street just summarize where the council landed on the shell uh special uh guidance or the special part of it we we just didn't understand where where he landed what the what that stipulation was going be we provided the license holder with the existing resolution and the proposed special condition to review and we will review and it will be presented for adoption June 27th right is that you just summarize that what the condition is that if there is a Bonafide complaint which results in the police issuing a summons the police would have the authority at that time to close the music down for the evening if it's during that nighttime hour definition so after 10 after 11 we we have to get this written up and I mean you know it's needs care careful you know writing up and that sort of thing so um but that'll that'll come forward July 27 June June I mean all right anybody else nobody okay so I'm closing the floor to public comments before you go to final remarks I just wanted to make a quick announcement that um this is a municipal election year and uh we will have three seats um vacant on December 3r 31st so I do have petitions available in my office for anyone that would like to pick one up that would consider um trying to join the team um those are due back in my office by uh August 22nd to get your name on the ballot for Council just wanted to make that announcement real quick okay um so final remarks by council do you want to start Colleen well I think pretty much everybody said thank you all for coming out it was quite an interesting evening appreciate all your input and um that's about it thank you yeah um I appreciate everybody coming out and I understand what your problems are there's nothing worse than getting woken up in the middle of the night hopefully they he Rectify this problem if not then we're going to have to do it thank you I completely agree with Mike and I you know parot what he just said thank you all for coming and see you next time not first this time I'm just I'll Echo what everyone else has said thank you everyone for coming we listen to you every meeting and take what you say and consider it in everything that we do up time's up time up um it's this this job is very difficult uh I think the most difficult part is the balance that we have in this really small and very successful Resort community and we have the year round people that live here raising families we have people that come in the summertime and then we have our businesses which are really the heart of our town so to maintain this delicate balance is very difficult and we try wholeheartedly to make to make compromise to make this to make this work and to make this tal as successful as we all want it to be so we'll keep the conversations open and we'll move forward with a very successful summer and not everyone is going to be happy with with the solution but it is going to be a solution that we are going to all keep talking about and moving forward with thank you uh I I would like to re reiterate a lot of what Jamie said but I all of us here love the chamber um this is a special place and we want it to be as good as it can be and the the good thing is that we don't all have the same opinions but we seem to get along pretty well and um and and that's really important and I think we need to keep nurturing that and work towards uh the best community we can have um the businesses here are very important it makes Beach Haven special we we can walk to establishments so if we drink a little too much we don't have to worry about driving um we have a grocery store we have a pharmacy we have a bagel shop we I mean we've got all kinds of great stuff in this town and uh and we all just want to make it yeah what what what candy store yeah so we're we're so lucky and um and so we we just need to try to work together and be sensitive to everybody's feelings and problems and and thank you all for coming and I want to say Colleen gave a great talk we lost our wonderful librarian uh and uh they they had a service for her yesterday some of you might have been there if you've been to the library you much you would have known e she was there for 30 40 years 40 years yeah and uh they named the children's room after her in the library I used to go there when I was a little girl before I could really read and look at badar books but anyway um it was a very nice service and Colleen said some great words so hope some of you were there to hear that I just want to add that I think we all forgot to just mention artwalk it was a great success I hope that you all went walked downtown it was it's such a great day and I I always think if anyone wants to plan a wedding they should plan it on that day because they always have great weather it's always a beautiful day it was a beautiful day and uh lindsy Ryan and the Beach Haven chamber did a great job so I applaud them and Film Festival this week oh yeah the fil which participates in as well I know it's Jin there's a lot of exciting stuff happening all right so do I have a motion to adjourn I'll make a motion to adjourn thank you everyone meeting adjourned thank you