all right all right all right all right is it close enough to six yet 59 one minute we will start Lial Fool's Day today guys yeah I was hoping maybe would be no nobody showed up right yeah I used to get L I'm gonna start um welcome to the land use board meeting of April 1st 2024 we'll begin the meeting by standing and saluting our flag I pledge allegiance to the flag the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all pursuant to the New Jersey open public meetings act adequate notice of this meeting has been provided by posting on the bulletin board in entrance hall of the Beach Haven municipal building and mailing the same to the beach Haven times and the Asbury Park Press this meeting is a Judicial proceeding any questions or comments must be limited to issues that are relevant to what the board May legally consider in reaching a decision for each individual application decorum appropriate to a Judicial hearing must be maintained at all times roll call Mrs edles here Mrs Leonard here Mr Balo Mr tinquist here Mr Stevens Mr Jenna here mayor Davis here Mr meal Mrs Bal Miller Mr lafredo Mr Wanger here miss King here Mr hper here hey I hope everybody had a happy Easter weekend I guess the weekend wasn't bad but now the weather's back and not so good um tonight we're going to do resolution R 20233 this was about changing our guidelines about Zoom meetings there was something in the old guidelines were which were created before covid about we could only um do miss two meetings in a row and obviously I don't think that's a good idea in today's world so we're going to change that uh Eric do you want to go over it sure uh chairman so um it came to my attention that there was a provision in the previously adopted bylaws that predate covid that restricted uh attendance by way of ver uh virtually if the member had attended two consecutive in a row um that was all done preo we live in a different world today and quite frankly as a Beach Community and I understand this lots of residents who are members of board go to Florida or other places in the winter months um and postco it is still permissible to attend virtually and in fact the open public meetings act has always allowed participation in a public meeting by way of electronic communication so in order to alleviate any disconnect between what we do especially in the winter months and our bylaws this resolution simply amends the bylaws that we adopted reord to allow for electronic attendance and then it spells out the members of the public can participate if they get unruly because they can't be held out of order here they can be put on mute Etc so I'm happy to answer any questions if anybody has any but all this does is change the existing bylaws that restrict virtual attendance to two meetings in a row to allow any board member to participate electronically whether it be in the winter in the middle of the summer or whenever um and that and that's it in Nut Show could I ask you a question um I I guess there was also some people that complained about the idea that the um person running the meeting should be here in person I don't have any problems with the person running the meeting being on Zoom is it is that is that any addressed at all that's not addressed at all in this resolution no without any member and in fact the bylaws didn't didn't speak to person whether you won the meeting or not in fact if it did I wouldest that's basically unfair for lack of a better word um and okay I've only been here since January but to the extent that our chairwoman has been attending virtually I've had no issue no I don't have an issue either board has I don't think any applicants attorneys have I think the meetings have run very smoothly um but no this doesn't say it doesn't prohibit it and the old bylaws it just it applied to any member there was never a call out in our bylaws that said that share can't do this this was brought up by Council by a member of council and um I and I personally I think that this is a separate group than Council we've always operated that the L use board was their own entity and shouldn't be necessarily told what to do by council is there uh as our attorney uh can you make any comment relating to that we are a separate and distinct entity mayor that's that's true um we can sue and be sued um that being said it's always nice if a land use board works in conjunction with the governing body of the town but yes legally we are a separate board does the governing body uh appoint members yes but once we are a fully constituted board um we are a separate entity as a matter of fact and I I don't say this LLY but as a matter of law it's true I've been involved in it once but um a town can do its land use board if for example we reconstituted as a zoning board and we granted a use variance that the municipality could if it wanted to actually sue us to say that the graning of the use variance was improper and that we arrogated that the governing body's power to zone so yes the answer your question um we are separate and distinct entity from the governing body if they want to not allow members to participate virtually that's fine but if we choose that to do otherwise we can okay okay that's what I thought I just want to clarification mean I would I'd like to see us work in conjunction as much as we possibly can with the governing body yes we are a separate and distinct legal entity okay thank [Music] you does anybody have any questions if not can I have a motion to approve the resolution so moved any second Mrs Davis yes Mrs edles yes Mrs Leonard yes Mr Jenna yes Mr tinquist yes Mr Wanger yes Miss King yes and Mr HRT yes resolution approved thank you uh all right moving right along to resolution 20243 the L Lake Harbor Yacht Club that was an applicant seeking an amendment or revision to the approved site plan to remove and replace existing impervious lot coverage he's seeking an a a variance for increase in the impervious lot coverage to 92.6% from a maximum permitted of 60 the applicant also seeks a waiver to submit normal site plans because the site is fully developed um everybody has gone over the resolution and read it are there any questions hopefully you address them before now but I always like to ask anyway there's a last minute thought if not can I have a motion to approve the resolution I have one question for Eric did did Mr RAV comment on this resolution at all he did not get back to me I sent it to him for Courtesy review and he didn't get back to okay okay any other questions all right can I have a motion to approve resolution 20243 so moveed is that John yes okay second second Rick yes Mrs Davis I don't think I can vote on this no Mrs edles yes Mrs Leonard yes Mr Jenna yes Mr tinquist yes Mr Wanger yes Miss King yes Mr helper yes resolution approved all right the next thing are the meetings did anybody has everybody read the meetings are there any questions or additions or subtractions to the meetings minutes minutes you mean I mean the minutes what did I say the meetings yeah I you I meant the minutes we went we knew what you meant oh thank you thank you I submit my revisions to Gina and she says she accepted them so okay so we're all good can I have a motion does everybody in approv the minutes say yay yay y yay okay I say the minutes are approved how about the bills did everybody look at the bills yep yes can I have a motion to approve the bills I so move Penny hey Gina so did you see the one very minor comment I sent you I'm sorry did you notice the one minor comment I sent I did not for the minutes uh no for the bills oh oh yes I did I passed that along to our finance office to try to clarify that so before um she issues any check she'll she'll check on that okay okay so are we good no questions about the the bills all right can I have a motion to approve the bills I still move Penny second thanks Nancy Mrs edles yes Mrs Leonard yes Mr Jen yes Mr tinquist yes Mr Wanger yes Miss King yes Mr helprin yes Bill list approved just running right along here tonight all right the last thing is executive session um Eric's going to deal with this resolution ro20 24-12 so we're going into close session is this correct Bonnie before we do that can we um just talk about the threers Review Committee approval real quick no that's not on my my thing that must have been added on you okay go ahead um North Bay jelato LLC was approved by the threers Review Committee okay good where is that located it's in that old gift shop and next to the smoke shop two 11 North Bay 211 okay hours of operation noon to 10 p.m. okay and what was the nature of the approval was what was the app what was the application for just a change of use a CH I'm sorry change of use change of use it was a gift shop now it's going to be so the request under our ordinances to to wave for waiver of the submission of formal site plan review and it was approved by the three person committee so per our ordinance um we just have to announce and read that into the record okay so that was approved is that correct yes okay do we need a motion or no no no it was just point of Interest just an announcement that it was passed and approved um all right so now we're into the close session portion of our meeting why don't we um if you don't mind um Madam chair let's open to the public first although about on Zoom then we can close to the public and then we can go into close session okay can I have a motion to open to the public so moved second penny is there anybody out there that would like to make a comment in the public raise your hand I see a hand raised okay um I don't see a name okay so Colleen Lambert said iPad yes okay Colleen Lambert 1158 Street do I need to be sworn in or yes please do you swear firm the testimony or statement you'll give before this board will be the truth the whole truth and nothing but the truth I do thank you um thank you as a burough council member um I'm concerned about the fact not so much I understand that the technology is there and everything else but I do think that our meetings should be run in person because I have sat in on many of these and there have been so many technical difficulties and these being quasi legal actually legal proceedings I think it's not asking too much to have at least the person running the meeting in the room I know most of you are aware of the fact that our land use board met via Zoom for almost a year and a half after everybody else got back from covid kind of using covid as the reason why um I raised concerns about a year and a half ago to the fact that well if you're not even in Beach Haven how are you seeing these properties and I was told oh Google Earth and then I pointed out the fact that Google Earth showed my property 3 years old now I assume you have updated methods of actually checking the properties I would hope so but I would think that we are actually I've checked we are the only land use board on Long Beach Island and in many of the surrounding communities that is allowing Zoom participation as I said if you are a member and you're elsewhere and you can get all the vital uh information I don't have an issue with that but I think as far as Council as far as luse board that we owe to the people of Beach Haven to be there at least most of the time so I know you just voted otherwise and I just wanted to make my feelings known for the record that I do think we should be having in person meetings as much as possible everybody gets to have a vacation no doubt about it but at least if you are running the meetings thank you thank you Colleen anybody else in the public would like to make a comment is there anybody in the audience there no there's no one here no there's no one here okay all right all right now can we move on to the closed session can we get a motion Mo to close the meeting so moved second Penny all in favor I I I I okay Eric so now public participation is closed um we can do this one of two ways we're going to go to close session um I can call or I can give everybody my cell phone number or Gina as long as yeah we can stop recording but I don't want to lose our our members in zoom and don't let it make sure nobody else comes in okay okay I'm so wait let's make the motion to go to close session we'll do that and then can I have a motion for close session so move Penny do you want me to close I'm calling you Eric anyone second the motion second all in favor I