[Music] retired [Music] yeah I I need cop I think that was that was you I'm sorry okay I'm sorry I didn't realize that no [Music] problem [Music] for [Music] are [Music] my s I just saw that's what I was think how you doing nice to meet you it's okay got about minutes [Music] it's how you [Music] doing no I don't well I wouldn't be able thank you [Music] I guess it was underneath stuff and I never but it was in Atlantic [Music] City are you [Music] she okay all right many [Music] I'll recy oh thank you okay EAS to this one yes I real United States of America which it stands one nation under God indivisible withy and justice for all I wish to announce that the 48 hour notice is required under the open public meetings act this email to the asur par press the coar and a new coer on December the 13th of 2022 that a copy has been placed on the Bon board in the bur office and that a copy has been filed with the borrow CL as a courtesy to the public this meeting may be attended via Zoom if for any reason the zoom portion of this meeting fails or is disconnected the inperson meeting will continue and action can and will be taken providing that there is a forum Mr Noble here Mr gzi here Mr Weber here M Mahoney here mayor Fox here okay thank you everybody for coming got a big crowd tonight um uh we got a lot to cover tonight but we'll continue to try to continue to work our problems and opportunities as a community uh we do have one Workshop tonight that um is around Beach lockers and we do have uh we have no ordinances for introduction but we have three for adoption okay um so clearly we are in the early throws of the um 2023 holiday season um we've had a couple of events uh already and I'm going to cover those later on the me meeting um but this is our last meeting of the year so I just like to highlight a couple of things and recognize some of our Collective accomplishments uh and a few other challenges we still face in the 24 so just got a couple things I want to cover and then we'll get right into the me of the meeting um so kind of a quick drive around as it relates to infrastructure in town um we we did achieve a lot of things last year around the phase 2 sewer project it's it's completed uh with a good result uh we had to uh deal with the mccave Ocean Park outfall pipe big project well done I think uh we did work on some sun pump water line remediation on the south part of town we want to extend that into 2024 with a couple of other blocks with a budget for that uh we replaced renovated significantly almost replaced the flake Bridge uh which was much needed and timely um it was kind of getting to a point where it was about to fall apart um we're in the planning phases of the silven lake outfall pipe that's still in process uh the AI roof has been repaired replaced and we're getting some slight remodeling done to get back in there and then just very recently Lake Terrace Park uh which needed a a pretty big uh face lift is occurring as we speak for anybody who lives on that part of town is around there uh a couple of things on the beach fund uh we assessed our handicap access and made some gri improvements including handicap lockers M extensions we'll continue to look at that uh we also built 33 additional lockers you'll hear about some of that tonight in a locker conversation uh we also applied for a coastal resilience grant that hopefully will create more Security on the south part of town uh we did as a small project shaded a portion of our prominade plr uh we we've uped our game a bit in Grants uh we got a recreation grant that we're going to start construction in 2024 we um the Lake Terrace Park par is a uh Grant and then we also have appli for an un unused asset in this Coastal resilience or Boardwalk grant that I mentioned a few minutes ago um Main Street and related we worked on some uh a pilot for electric vehicle trolleys uh that worked out pretty well pretty good success uh the theater is finally beginning their Renovations uh not that we had a lot to do with that but we try to keep a pulse on what's going on there because it will have a good impact on industry going forward uh I think Riley Park was buzzing most of the year a lot of the Year particularly in the summer we up some of our events and he's benefited our Main Street businesses and we also worked with uh the Bradley Beach Business and Community Alliance on a number of initiatives uh things like the 130th anniversary and and other events um on affordability we we held the line pretty well in 21 22 had a tough 23 we're going to try to get back uh on track to the lowest possible level in 24 around some challenges uh We've made some prog on 319 Line Avenue church although not enough and and slow so we're progressing and we'll keep a focus on that uh these points don't cover a lot of the the work that goes on at boards committees and commissions from the environmental side the environmental commission Fletcher Lake Sil Lake shade tree all have an environmental impact on Bradley Beach from a wellness or Community event perspective Recreation uh mayor's Wellness committee tourism Arts Council have a a impact on our kind of our psyche and then uh two key boards the library board and land use board um work diligently to improve um Bradley Beach uh i' C certainly want to put an exclamation point on the fire and first a volunteers uh and then other some other key volunteer groups uh the Bradley food pantry has about 170 volunteers and the business Alliance about 200 um we made about a dozen ordinance changes a little bit more than a dozen and about 300 resolutions that provide a mechanism to get things done in town uh so we'll have more um opportunity to go into depth on these in the next 6 weeks or so stay tuned we need to sit down and kind of map out our 2024 and then really take a good strong look at 2023 uh but I just wanted to start the meeting and that this would be the last meeting of the year to uh cover a couple of those things so um the next agenda item uh is workshop and it's the 2024 Beach Locker rental uh fees um EXA Michelle uh if you can get that up on the screen um couple of points on the 2024 piece lockers uh we made some changes since last year we automated Community pass we freed up some resources in doing so uh create a little bit fairer distribution could we put that one on too or no huh oh um we as as we said we did improve beach access with handicap lockers and U uh on each Beach which actually meted us an increase of 33 lockers um and last year we assessed our costs and charges and recommended a a 2-year increase uh process so that's where we are right now so the the discussion uh we did this last year in February so this a little bit early but we thought we' just get this on the table so if you can go to the next slide [Music] please second because that font in my eyes not age I pred it out you want my copy I I have cop you got it that uh so a couple of background statistics um we have 11 beaches with approximately 600 lockers give or take um our current lease cost is $575 for a new lease for a new Locker if you get on the uh if you become a locker Patron I'll call it um our curent renewal rate is $180 uh we have a waiting list of about 219 people uh we did close the list last year because last year the list was about 321 people we're trying to get us get to around 150 people so we made some pretty good progress last year in a combination of uh adding some lockers and and some people just naturally dropped out um this says that we have about 10 leases per year I think it was more last year otherwise we had people dropping out so it must be we had a little bit more last year uh our longest weit is about four years and that's uh one of the beaches most of the others are not as significant but um that's our longest wait time on any one of the beaches because we do assign these lockers by for obvious reasons okay next slide so uh our current so we hadn't changed up until last year we hadn't changed our our lockers or fees for a number of years as you can see here 1920 21 202 uh were the same we didn't go back into 1817 but Michelle can tell us when the last time we increased uh so last year we want the 575 for new lockers and 180 for renals uh and last year we proposed this year to go to 600 for uh a new Locker the first time in to basically not so much build the locker but it pays for maintenance of all the other lockers as we get into it and then a renewal of 200 uh we did do some price comparisons one of these is new and the others are from last year Asbury Park uh charges $225 yearly for a locker Alum by the Sea $500 um and CBR $400 so um you know pretty significant uh cost we took a few of the other towns out that bigger towns but you can see the comparative uh is that we're we're pretty price competitive well um next slide please so our renewal process is we notify people we ask them if they want to renew they pay they assign and and we um uh we have assignment emails we do use community so that's part of our improvements from last year we've automated the process go to the next slide please so in summary we we have moved to an online registration that's worked pretty effectively um you can use online credit debit card or V check uh we offer three disabled person lockers per Beach and we'll continue to do that I think we have a few refinements around that but we'll continue to look at that um some of the benefits of the things we did last year we eliminate manual processes we freed up some resources um you know we don't I think it's a little bit fair and that we don't have waiting lines in front of the building uh in the middle of February or March that some people like elderly special needs seasonal people working people might not be able to uh uh attend uh We've eliminate manual we've eliminated manual ma mailing and processing of payments and we did add 33 disabled lockers first come first serve basis so um that's where we are right now um we typically set this pricing early next year but um we put it on for next so I will now open it up to the council for discussion thanks Mr Mayor what do people do now if they don't want to do the online process they just want to bring the check what are they do I don't know the answer to that but Michelle can answer I and paid cash last year so it's like same as it ever was if you just want to do it it just wasn't the fun of being with everybody outside we miss I'm sorry missed out on Nancy but ever [Music] was Mr probably the most obvious question for me is last time we we visited this the the pricing we knew and I see our supervisor of DPW in the back bi I may be calling on you or we may be calling on you on this but uh a year or so ago a box of of lockers which is basically three lockers the the going price for the municipality to purchase it was $1,500 so about 500 bucks the locker and we were charging whatever it was 575 as you said um and that $75 really largely helped compensate us for all the maintenance of the lockers moving them around take them off the reach putting them on changing hinges and so my question is over the past year or two I can't remember when we last looked at the actual cost have the prices of purchasing a box of lockers got up dramatically or is it relatively flat or do we know I I don't know um I would assume that they're flat would marginally up they're margin yes yeah do we know the price I don't have to get probably okay so is it you said it was 1500 okay and they ask you um how long do these lockers generally last on constructed now should last like five or 10 okay that's good news I think the majority of stuff that goes wrong are usually the fixtures is that correct G it's the fixtures right it's just set onev surface kind have to know but yes as far as material ring that won't happen for many many years and are you having any built this year it's not our plan to and that's a capacity issue um finding storage for them um moving them around if you have an emergency so no Replacements in Ser no we're just fixing we're U you know reconstructing of the that still have wood um but we're not building any okay thank you so so Mr this I mean I'm doing the meth roughly in my head and I'm rounding intentionally but the 7 575 to 600 is a little less than a 5% increase the renewals uh probably a little more than a 10% increase 12% or something like that so um is the goal just to get these to round numbers I mean given all the uh increases in costs of living in Bradley Beach you know I think the entire Council I'm sure you as well are we're all sensitive to the fact that we'd like to minimize cost increases whatever possible if the if the anticipated new cost of of you know purchasing new equipment is relatively flat um I guess my only question is is there any consideration we should be giving to keeping our rates flat for still here I I mean it really comes down to the conversation we had last year and I guess the only extenda circumstance now for the beach is we now we did get a surprise last year which is going to cost us uh a pretty significant amount of money and that's the alol pipe so we've got to fund that um and this incremental uh the incremental Beach Locker besides maintenance of those you know the revenue we generate on this any any excess we have does offset some of the other costs that going occur I think the uh the maave just trying to think about the cost I know that we had with the bond that we had an estimated cost per year I just cannot remember sign it's it's a significant number it's not a small number uh that very number so um you know I see this as as to the extent there might be some margin here that it helps us uh maintain the Surplus and start that sign and when we looked at it last year it was we didn't want to we wanted to get um to a place but we didn't want to do it in one pop so we said let's look at it for two years uh over two can you remind me when people buy this this goes into the beach fund yes and does the beach pay for the yes yes yes and no taxpayer dolls well the taxpayer own the locker yeah I mean the indirect badges lockers you know right it all go that okay all right sorry but I thought when we had done the analysis on the cost of the beach B badges to raise them we had done the analysis and had thought that really with raising the price of the beach Badges and with the Surplus that we had that we would be in pretty good shape um based on the uh the numbers that we had done in our projections so uh with raising the the price of the lockers right now without knowing where we're going to be with the outfall pipe be prudent right now just so that we had more of a surplus since we already did the analysis with the well I I don't know if we're going to well number one on the beach badges I I think we didn't go to the a littleit we didn't go the full measure one of the recomendations we had I think was so we're going to get a little bit of a bump there but not the same bump that we thought we would get number one two plus all things being equal is going to deete because the outall pipe cost is is not going to be offset by any increases of here this this increase but for the lockers the increase um you know might partially offset but it's our locker income it's about 125 a year it was about 100 so with those increases we pick up about 25,000 so that needs potentially a portion if we can get good with the feeds a portion of off setting thatall but the Surplus is definitely going to go south because of the app over the next am years we don't see U attendance at the beach saring you know we got a super bump with Co but it's kind of tripled down a couple percent a year so we're expect we assumed the 5% reduction this year so we doing the budget for the that assumption uh hopefully that doesn't happen but when we look at these numbers I mean just not only for the benefit of the council but for residents who who are interested in this um the majority of the revenue it fluctuates between new lockers and renewal lockers but the vast majority comes from renewal lockers because typically year might be as you said Mr May 10 10 new lockers purchased a year we may we the burrow May purchase more than 10 if some of the old lockers get thrown out that's correct but uh but in general most of our revenue is coming from the renewals and sound and the revenue is around 125,000 largely a 10% increase is you know roughly 12,000 bucks that we're not breaking the bank you know from a from a beach uh Revenue standpoint um I think we all want to be sensitive to to our residents who especially those renewing lockers many lock for 10 or perhaps 15 plus years um I guess my quick reaction Larry I don't think it's a big deal but kind of like the you know the closer to 5% increases rather than the 10% on R you know if we were to do that we're probably shaving you know six or seven Grand off of R is not a big deal in my life that's talking doing that I was just going to say I'm okay with the the numbers that were presented here because as we just heard from the cost new went 10% covers it you know the increase presented here then it covers that probably for a couple years have to do it again next year last this year last year would be 11% the U the fact that that VI thinks a locker might last more than 3 years I mean think about it this way if a a brand new Locker cost 600 bucks is was 500 maybe more um and we have to replace it every 3 years and we would depreciate it over three years which would be one3 of the price 200 bucks for Renewal uh if it in fact lasts five or six years you could argue that our $200 is maybe more than we need to recover cost so I do want to make sure we the be you know the Beach utility recovers its cost absolutely and even give us a little margin for error but my own sense of this since the vast majority of the revenue is driven by the renewals and the renewals are probably safely recovering their cost if they lasting on average five or six years I just don't think I don't think for the extra six grand we should hit the res I I'd suggest you know $600 on the on the Locker on the on the new Locker the 180 go to 190 which is know those are both closer to 5 6% something like that I mean it's not again it's maybe it's 180 right now it's 180 right now and it probably it probably drops a 15,000 Revenue increase to 7,500 something you it's not it's not a big deal and our residents might actually appreciate us not increasing uh any public comments yes um so I'm just curious do you know M 302 4th Avenue practice um do you know what the percentage of the people are that have lockers that are that live in Bradley Beach do you have any idea I do not know um I think Michelle knows Michelle can you hear us I gu you can no I'll go confirm but I've heard estimates of roughly 5050 but I'll go confirm it's really that low and the only reason why I was she's checking the only reason why I thought to mention it or give you food for given the huge increase that we've had in our taxes from a PR perspective for all of you um to have it just lay flat given all of the inflation and status of the world and everybody's expenses it is a tool you could use for um PR purposes because what's going to happen is it's going to be all the rumors floating around that darn Council or that darn mayor if we split it like it always happens um raing it considerably even if it is up to the 190 and again I only say this if we need the money I'm all for it I never want us to be defun you know as a town but with the huge tax in well it is a utility and the thing with this utility is that we are going to have this alcohol pipe is going to cost us right I don't I heard you talking about all the math on it and I just would want you to be sure but I wouldn't want to just raise it just to say well living everything's going up let's just raise it to be safe but let's have have some numbers cuz it is a I wish it was more residents because it would really be a good PR thing for everybody sitting up that desk yeah so it's tough because um a lot of people have second homes in Bradley Beach and they may not use their Bradley Beach address to purchase their lock we should really track that though because it just would be nice to know the percentage of people that actually have homes here and we could add that to that online application process as complicated as it is you could just add another question to to capture that data because I think that would be really interesting to have don't just KN your head I just hope somebody does that because I really think it's an interesting statistic um I am curious though how are the lockers assigned to the people because when we used to wait on the line the fun of it it's it's random it's random is there any consideration to give um assignments based on tenure of having a locker and why wouldn't you do that because I think that the company that we're using to do it has a it's a random the process they process and I don't think we have we only only have records to we could start tracking I would think that would be more fair I mean even if I was all the way on the end and I had to walk the extra block to go to my locker if I'm the last one in I'd accept that I don't think you mean it's random like where you Locker if you sign up to get a locker I'm on but I I was like all the way on the end this year and may because I stand up here too much I on the end I asked to be on the end and I didn't give that to me when I say the end I mean I have to go down the stairs almost block to get to my lock purpose when the I was just wondering how that was assigned and if there's any consideration for tenure I just think it would make sense the the people who rent it would be accepting of that I can't see anybody having an issue with that um okay okay thank you anybody else yes ncy Meadow Ocean Park Condominiums um and I also want to preface this with since no one has gotten to it in three years of requesting I'm not nor have I ever been an employee of the bur I have not ever volunteered or serve on any board commission all kidding aside regarding waiting outside for the lockers um it is an extreme concern to not have cash in person option which did not appear here because what did I do um in addition there's the people who get a locker after the season started when there's people that didn't show up they come down here and get a check would they do um I believe we accommodate people in those oneoff situations we don't just say sorry you can't do it but the majority of people have used the system pretty effectively today you finished interrupting me no I'm actually conversing with you I'm not interrupting you I'm trying to give you some information I'm sorry the um cash option needs to exist um not everyone has a credit card not everyone puts it online and to have a presentation that excludes it given the past accuracy of the way things work here is quite a concern in addition Community pass was last year for the first time we were told it was a platy of $800 there was no ever never any extra charges and then what happened to the people that used it they got a 3% charge so when you're calculating and for people I know some people think the lock lockers are a luxury um for a lot of us they are not they are necessity um you have additional costs on your raising your prices um let alone like to point out that there's a fee of on the bill list for Community pass getting under the name of capture point so we have additional cost this year for this process that we used to do in the house um I can't imagine what you're going to do other than you need to maintain the cash option thank you for your consideration thank you anybody else yes 112 Avenue is there any consideration for residents at priority as far as closer to the entrance way to the beach no why not because it is a random process that we set up last year but isn't there a way that with the random proc that you can't accommodate the residents of this town first and then the people who are nonresidents can go a little have still have lockers but have have them further away I not going to stretch here counselor is there not around Beach purchases and beach stuff that you've got to be all things people you can't discriminate based on is what it's called the public trust do okay so you are you are taking care of the beach as a public trust for the so just so clear if your locker all the way far farthest away from the beach entrance that's inconvenient and in the randomized system the community uses it's it's randomized so they couldn't take into consideration somebody that was a town resident or older or you know just infirm and didn't want to walk that point like closer to the entrance is better and randomize means nobody has a chance of getting closer to the entr that's all I I would say the public trust do doctr doesn't extend into the r this of beach Locker assignments but um I wasn't sure if it was I mean I think you giving anyone preference on the beach is always problematic um as you can just read the newspaper from time to time right um you know you could like like we make the streets are open to everyone general public right but we have special handicap perit so perhaps you could do something like block of lockers for special combinations we do forgive me for being unfamiliar with the beach BL stuff $6 lock but now the handicap lockers I know on Fourth Avenue were not all rented to handicap people uh that could very well be if we went through the handicap request and somebody didn't come back we didn't have three people we wouldn't let leave the lock regarding the handicap lockers my memory holds me correctly those the construction of those lockers were outsourced to um the um oh come on Pennsylvania Dutch people am I correct in that oh think so G who built the lock it's on 33 right yeah I don't remember company on 33 it's it's when drive to tight to them but we ordered it through the shed company I don't remember the name now why then why are we having okay I'm just confused on why didn't Public Service make those Loos and why did we Outsource that was a a decision we made it was very similar in pricing we had other that we were ending to it's not like it cost us an extra to had it g through that it was like a couple1 difference well would it be fair to say that maybe if we outsourced it these these lockers would be more uniform because if you look on the visual on the beach some are all different shapes all different depths and all different heights and they have all different um mechanisms on them so in the sense of uniformity for the town would it be a you know something to consider that we would replace it so we we have a more uniform look on the beach and if you're and they would have longer um shelf life so to speak it's just a thought thank you thank youbody else yes Linda 312 rley Avenue um could we send out something earlier in the Year to everybody that has a beach Locker are you going to renew it because people have moved they probably have forgotten they had a beach Locker you know you don't automatically go to the refer wall and say I'm not going to have my beach Locker anymore there's probably going to be more vacant lockers than you think to reassign them to people that are waiting on waiting I have a locker but I'm just thinking ahead we can look at that the fact we were doing this we last year we did this in February we had this meeting in February we had this discussion in February well that's good but I think it should go out earlier well now we have the system and we got the bugs mostly kicked out of but for the people that don't live in town and go to Council meetings they might not even know so they need to get a letter no well no they get there one thing we have on the beach lockers is everybody's got an email so they all get communicated to go earlier thank you there's one on the on the board is that right that's correct Paul the Paul question yeah Paul the shampion 41 line um I have a question on this random um I'm a senior um I'm 82 years old um I'm not handicapped but I have difficulty if I wind up at the far end of the line have if the random pick puts me at the far end I have to walk all all way down and back that's not easy for me um I I would argue that seniors possibly should get a break I mean we're getting a break on beach badges from what $80 to 35 um maybe we should get a break on the lockers um or at least uh there should be uh a section near the front that is reserved for seniors can thank you thank you you know just a general comment and I think we're done with input is U one of the reasons we were very careful with this random process is we no matter what you do somebody will say well no you favored that person and you did this and you did this and you did this so we were very careful to make it as random as possible and have this company do it for us so we're not involved uh we can ask that question know if there's options around it but even then we can get into a whole decision set of criteria that um might drop a few people crazy but we can certainly look at that okay yes question um that may resolve some what is the exact reason why we can't have um either all of the lockers or maybe half of the lockers on the you know prominade side how other beaches do I mean that would certainly probably cut obviously the distance in half um if other beaches are doing it that don't even have Dunes as great as we do you know blocking them I don't see why we couldn't do that you mean between the promade and and the dunes and the dunes like how we have them set with their backs to the dunes why don't we have half to the dunes and half on the prominade on the prom side you have people younger than you and I jump I mean I I understand that but obviously every other town is doing it so there I mean and I think we have very competent you know um police and and and patrols that could handle that that why wouldn't we at least pilot it and if we say hey this year this was a horrible situation then we go back to do it but that would obviously fix a lot of the problems perhaps that just a thought okay thank you okay okay so we moved up the um this uh resolution so we W come back to it so what I'm hearing you say is 6 190 the consensus so we want to move on resolution 2023 275 and I'll second yes Mr yes M Mahone no Mr Weber yes mayor yes okay our next excuse me our next um agenda item is also on the boards U this is a followup from our last meeting and it's on uh I think it's a a fairly quick overview of our best practices and I think uh this ba Mark is going to cover this so Michelle if you could put up the next she good evening everyone um I'm here to present the BR of the beach 2023 best practices inventory um this is oh next slide please so essentially pursuant to law um through the division of local government services distributes an updated best practices inventory to all municipalities uh through which the state obtains Vital Information about the status of municipal government practices here in New Jersey the 2023 inventory assesses each municipality's compliance with various laws and evaluates the implementation of fiscal and operational best practices the inventory answers provide taxpayers with additional means of evaluating the municipal uh municipalities performance but it also identifies for the state some areas where municipalities may need some technical assistance and give them some guidance on that so of a total of uh 42 possible points Bradley Beach scored 37 which um I think Mr Canon said at the last meeting is a pretty good score for a municipality next slide please so the um BPI uh features questions on the following topics there's um questions on ethics on Personnel on budget on financial Administration on capital projects transparency procurement cyber security LED remediation shared services Improvement districts solid waste recycling utilities and general environmental issues next slide please so there's a total of 67 questions amongst those three amongst three scoring categories um this year the division um introduce a total of 15 new scored questions um and each municipality needs to receive a score of at least 29 Points in order to receive their whole state aid so um this year's BP had some new and repeat questions on the following topics core competencies best practices and unscored Survey next slide please so core competencies these address the statutory and Regulatory Compliance obligations and other areas critical to Municipal finance and operations these are scored with positive credit with one point each awarded for yes perspective and not applicable best practice questions involve fiscal and operational practices that are of significant benefit to many municipalities but are not foundational in nature and not uniformally applicable to all municipalities these um receive positive credit of a half Point each with a positive credit for yes or um not applicable and then there's unscored survey questions which um there are a lot of these are meant to gather information for the state they don't count towards the municipality final score although we do uh complete them for the inventory and answers to these questions um State determine where municipalities may need additional assistance and where the local government services and DCA may need to prioritize their resources to provide uh technical assistance to municipalities throughout the state next slide please so next question how is the BPI scored uh we did this well and that's the previous slide there we go how did Riley Beach score so of the 42 available points there were 36 points available in core competencies six available in best practices bradle each uh received 32 out of 36 points in core competencies and five out of six points for Best Practices again what you're not seeing reflected here are those unscored um questions because they don't count towards our final score the next slide please so I think the question is where can we do better right that's what we always want to know as a community so One Financial deadlines I don't think that's a shock to anyone sitting here in this room been following anything we did not get our budget adopted on time we also did not submit the annual financial statement on time in 2022 uh we can do better with our cash flow analysis uh doesn't look like this was done on deposited or invested funds in 2023 uh additionally we can do better with green practices one of the scorge questions is about if we have public um EV charging stations on Municipal property there's also um a question about whether there's a polic or plan in place to start switching to alternative fuel or Hybrid models um until we have a charging station on Municipal property doesn't make sense to start you know trying to convert to an electric Fleet and then the other thing um is uh perk filing so perk is the public employment relations commission and um the cost impact summary which is done during labor negotiations those should be filed with perk and um it does not appear that the PBA contract was filed with perk so that is definitely something we can do better with the new contracts going forward next slide please so what did we do well these are the questions that for all the scored questions we received um 100% credit basically points for every single one so Capital project cyber security ethics Personnel procurement and shared services we all did really well as the burrow next slide please so if you want to find more information a copy of the bur BP and copy of this presentation can be found on our website by going to Bradley Beach nj.gov reports anyone has any questions happy to can I who's doing the scoring who's raing us the division of local government services through the DCA who responds to the question yes I completed the inventory this year of the question yes interesting sure you mentioned there are a number of unscored questions what's the purpose of asking us questions that no one scoring so for example this year there was a lot of question about lead remediation um there was a law passed about a year ago that all rental properties have to be inspected whether it's visual or dust sampling and um they've been giving municipalities times to implement that so what they were of the questions this year were have you done any yet how's your program going how many have you conducted how many desk plop how many um visuals so that's the kind of things that they ask it's to help guide them where they should direct their resources so actually I have a question on that that's not all rental units that's got to be on that yes that preate what is it 1978 well but is it also one and two families or is it is it only multifamilies like four and over I would think that the St distinction that I believe it's two families but I can double check and get back to you but I believe that's what the lead um is okay and only if it's pre well most of the towns constructed before that's so you think it's only for places constructed before that if you want give me one moment councilman I can answer your question for you right now um I thought they put the date rate on the survey but they did not so I can get back to you for that and put it in the minutes for now that's okay and then um I just want to comment that's thing about flex fuel vehicles and I don't know why the state has that I me I personally think that's kind of useless because I remember I feel it like 15 years ago we bought like this alternative fuel vehicle for the police and that's looks good on paper but if there's not some place to build your vehicle with or whatever it's kind of useless so I I don't want to jump through that hoop just to say we got it because it's not doesn't come no and I agree and until we have um you know electric vehicle charging stations I mean it's for property we can't really switch over our fet to electric vehicles either yeah maybe that's a interm option we should pursue um you know we had a lot of acrimony over electric charging St maybe we do something just onal property for the short term which helps us with this helps us with moving towards electric vehicles doesn't get into all the I don't want it on my block I I don't want I want there that might be something besides getting a higher score if you were to do that what else does is there any mes us moves us towards electric vehicles in Municipal understood but I don't want we had this suspens for a long time before if there's a cost to us I'm trying to think of what we gain by having a higher score I thought the 37 was good according to Greg why would we do something just to do it I think someone made that point John did this before what would what would be the result of doing that for the score if you get a higher score what does it matter we you above 29 is what you need to get your P right so to do something just to do it to put the energy resource around I think electric vehicles is going to happen all right but I don't think Bradley Beach to be the root of it no my point was maybe there's an inter move that you use the score is good so why would resources for so many other things why charging station at at the yard they have electric cars there they have a plug it's a plug it's a charging station two small electric vehicles that's not that's not a set of charging stations that's a PL thing over it with the little sck no ultimately you'd like to move into an electric Fleet of everything and to that for that charging station uh well no it could pay back CU our if you look at our fuel costs and our maintenance cost it might make sense long our governor put a mandate out there for electric vehicles5 just Bo this in the right direction yes yeah I'm curious where you said you answered and filled out this form or whatever it is where does the data come from that you enter so this is historical data so it is covering a time period of which I was not the um administrator for so um a lot of these answers uh Ben provided some for us our Code Department provided some DPW really a team effort to gather all the information our cyber security it guy helped provide the answers for all the it questions and where do you get information on ethics uh well the ethics questions in specifically were um a lot of them were actually unscored and focused around Municipal ethics boards um of which we do not have a local Municipal ethics board um a lot of municipalities of our size don't have one they depend on the local Finance board which is BR Beach would ever do in that situation um so those were a lot of the ethics questions other questions okay thank you thank you everyone hopefully we continue to improve yeah because we did I heard prior meetings what are we doing on continuous Improvement this is one of the mechanisms to test that and it also generates questions within the department well maybe we could do something different but uh we want to spend the early part of January kind of gearing up some improvement initiative so uh this is a tool that just helps us with that okay I'll go to the next agenda item which is thank you uh thank you for that presentation uh approval of minutes uh I'll make a motion to approve the November 8th 2023 Council business meeting minutes second Mr Mark uh Mr no yes Mr kesi yes M Mahoney yes Mr Weber yes mayor Fox yes uh I'll make a motion to approve the November 8 2023 executive session meeting minutes second second Mr Noble yes Mr D yes M Mone yes Mr Weber yes mayor yes uh I'll make a motion to approve the November 30th special meeting executive session M second mrble yes yes M Mone yes Mr Weber Iain I may Fox yes okay um we have next on the agenda is public comments pertaining to the 12623 agenda items only 5 minutes single instance to speak per participant whether in person or virtual if I may mayor um I'd like to ask Erica do we get any letters for this part of the me comment public comments yeah I didn't see any emails okay um and I didn't get any letters in the mail or anything great thank you okay yesth Avenue I have some questions uh regarding the bill list uh I noticed that um there were manual checks written to Prim point for 8,735 95 first of all and then later on in the bills list I saw that there was another pay and that was on page 24 of the bills list and I saw that they were they were also issued a money for 2,76 $365 it's a total of $1,499 60 I guess back up what is prime point and why is there an 8,735 uh charge there yes so Prime point I'm going I'll turn it over to administrator but the question was uh there's two prime Point U charges on the bill list Prime does our payroll yes so uh Prime Point does a lot Prime point is not only our payroll but they also um help prepare our quarterly taxes they um track employees um acur time they do our W2 prep they do our ACA recording so it's a lot of functions within the system and they also host the software that serves of the time clock for employee okay well was this a contract this for the 8,7 no that was um past invoices that were received um they were being sent through um an email address theonly and as part of the effort that we've been making to really um streamline and capture and make sure that everything is going to the appropriate people we have been paying those so those are um bills for um August September and November of which year this year um my next question on the bills list is on page 18 to Maran Bell public relations consultant for $4,375 who is she and what does she provide uh in first quarter of this year she provided um supervisory communication website any number of things now she also received in September uh was it a total of was 2022 September 23 I went through the bills list on September 22nd 2023 on page 11 she received $177,000 right one one bill was for 2022 one bill was for 2023 we stopped her services at the end of the 2023 Mr Mayor you know the point is that this still doesn't reflect the actual when when these Services were rendered and it makes it seem just I gu because the bill came in in August like we didn't she didn't do anything that was po that was a okay nonetheless it still doesn't reflect that when this was done and that was the problem we have with the last item on this by this person it's just that it wasn't reflecting when the work was done so that's last timequest time okay and then on page 27 um Sabrina Architects for Public Works feasibility study and the um Bill originated in um 8th month of it was 8 months by 2022 and we're now just paying them for 20 $500 and the description was for RO grad repair and maintenance and this is an architect THM can somebody please describe what this is all about and first of all it's it was for a bill for 2022 that we're just paying now and you know we've I SP here many times and this is not the first time that it's been brought to everybody's attention that bills are being paid late and I don't understand why this we being invoiced late one or the other yes well I don't know what the case is on here maybe you can this one I believe is being paid uh late uh the invoice date is from uh the end of April uh truly we are we I can only speak for in the last two months um we've really been trying to streamline the process fix errors to make sure these bills are being paid um one of the other changes that you'll notice is um we actually ran what is more of a typical bills L and this includes um not only the bills that are received but the bills that are being held and um as we discussed before held means encumber so the idea here is that when we get an invoice we encumber the funds we hold them right being held we can get governing body approval to pay for that and then once we get the PO um signed back we now have authorization from the governing body to go ahead and pay that bill right away instead of having to delay until we have this with all due respect I've been asking questions about this from the time that I think Miss Hum is here and this has been going on for and nobody holds them responsible for the fact that these bills are being paid and nobody and I don't understand why this is a repetive problem within our our town thank you actually if like follow on it's listed as Road repair Building Maintenance and the GU Drew plans for a building so Road rep so it's under the DPW budget for Road repair and maintenance and I believe that that was just how the um bill was was split up in the budget again these were funds that were incumbered and split that way before I got here um but that was what they did was in the DPW split it between streets and Roads and buildings and grounds is that to say that you're thinking about repairing the building no no has no okay well then why is well no they did they've done architectural work for us to potentially to one second we do have that plan we that design that then what's this one for this is the same yeah yeah this is paid for it sorry I well obviously we didn't pay the last $2,500 okay thank you yes if I could just make a quick announcement I think I'm having a little bit of a glitch with my timer and it's low so if I say time it just means your time is up I'm not trying to be rude okay I just wanted to get that out there okay okay um Robin flipy 408 Lake Terrace my question is for Greg Canon our attorney and uh when I looked at the agenda I wanted to make sure I heard it from you is there anything on the agenda tonight that makes the burrow vulnerable to a lawsuit um that's answer that question publicly I advised the governing body in the ordinary cour and so to answer that question i' have to essentially the what I told my clients so um there may have been a conversation about lawsuit I just want to understand you can answer it but it's because it would reach a confidentiality sure so I represent the bur so er meridi police officers here and works for the bur governing body obviously I give them advice um about particular matters right for you to an attorney and anything you tell your attorney doesn't get told to anybody else so you're really asking me whether you know for legal advice and respect yes andario y Avenue I have a question about prime point you mentioned that Prime Point tracks employee hours track I'm sorry what employee hours employee hours employee hours which would include over correct yes okay in the past many residents have asked how many hours have different employees how many how many hours employees from different department have their times in charged to the Sewer for instance how many hours including overtime um did our employees put in let's say it's 130th anniversary or the Latin Fest or any other event that took place and we repeatedly been told that there's no way to know the answer to that question but if this Prime Point tracks the hours in corporate life in my corporate life I could run a report to see how I was doing in terms of hours so why have we not been able to find out how many hours have been charged to different event that I can't speak to Prior but what I can tell you is now we have um every event has a special event format along with it and with that the DPW does write exactly how much hours and the cost that's going to cost them for the event as well as the police department also provides their numbers so now how far back does that go like could we get this year so so the special events form which we can um Dy out that way um that is new within the last two months and then as far as Prime point I believe that the um want I know that the borrow joined in February of this year and how about the hours being charged by members of other departments to the Sewer is that something we'll be able to capture so the um allocations aren't captured by Prime Point that's a more of a budgeting tool that would be captured in our budget okay but actual hours I'm talking actual hours not allocation okay so actual hours yes that is true tra by the system so you know for example uh we could if great Canon was a full-time employee we could say great Canon worked 100 hours this week what that will tell you though is how the salaries allocated across the budget if that makes sense okay yes want my phone Ocean Park Condominiums um resolution 2023290019 so I ask that the public be part of that resolution regarding resolution 2023 289 I say this every year it conflicts with your ordinance and the meetings of the PLO Council therefore I really encourage you this year which quite honestly only lists 12 meetings for regular business meetings that you do not approve it last year you said you'd come back in the for the end of the year and switch that you didn't so I'm telling you right here now this whole thing shouldn't be approved regarding the bills list the first part which is um I don't know why Department of Labor payments would be made in the month of November or December they should be made the first month of every quarter because they capture the payments of the payroll in the previous quarter I don't know when we went to Prime point when we went to Provident all of that's like you know playing with what company can mess us up more but the list of things that Prime Point does are part of payroll so to say they do more than payroll no that is what payroll companies do and to pay those kinds of fees you've got to be crazy what it means is then we need to cut expenses inhouse for work that people are not doing and we don't seem to do that now we're adding $3,240 to pay Community pass I guess on top of the $1800 I'm at the point now where it's not a matter of approving the bill List information I believe the public needs to know is who approves these purchase orders and V that's what it comes down to not the payments who is responsible for spending our money and when are you cutting it because I can go down here you got a ridiculous shipping C on page one for some kind of racks then we went through this last year and I thought maybe we didn't do it this year because we approved the Jersey C badges at the last burrow meeting and I thought oh my God no crazy shipping charges we've done something timely yay us we learned our lesson but oh no we've got $250 on page 15 hbam it just goes on and on and on and where our special events I guess some people enjoy them $50 for the ponies let alone look deep in your hearts is that something you want ponies to do um again when you stop spending it's not a matter of bringing in more money it's a matter of not sending it out and I really mean it we need to know who approves these things and I mean you know who approved the purchase order for Maron whatever the last name is who may I say director of communications for DMV which is a little odd to me who approved it we we want to know somebody get back to me on that who approved you did yeah okay and is there a limit to your unilateral approvals okay who approved who approved the purchase order to capture point which is hiding under the name of community pass we want to know these things now when we come to meetings so um somebody better start doing the work with it thank you yes hi Dr tomu 610 Bley Avenue I just had a question and they are all in order um for the 1202 3290 um do we do we have a CFO or no that's what we're going to vote on toight so no presently do we have a yes we do but uh it's a twoyear uh because it's a Service Company you can only have for two years two years is expired okay um and the next one is the the one right after that about the What's called the bur attorney providing the governing body with the port of all pending claim or litigations I read the resolution said something about saving funds how is that going to save us funds by them telling that were being sued by certain people certain things which which sure the one right after 291 2023 291 resolution about the ver attorney and administrator telling the governor body being sued for some oh I'm sorry sorry all this U it's a request to provide any lawsuits basically mon did we say monthly Orly B monthly monthly uh it's just a log here's all the things we have a number of you know somebody trips on a sidewalk if somebody is you know has something happen to them in town we we have a lot of different lawsuits yeah I was just wondering why why does the rest of the board have to be involved in that not just the mayor and the business administrator hand all those things just seems just not because it was a request from the governing okay I just no I just want to explain why that's all doesn't make sense it's because there's lawsuits that the governing body didn't know about and we thought we should know oh thank that cud it up now the last one is the one right after that 292 um I've read this resolution and I was just confused by it because it seems I'm not sure which what what it's protecting or what it's doing so if someone can explain it that if I someone complains about my party of a noise violation and then it seems like that information can be just ANM that anyone can just do that is that what that's saying and I have no recourse I have Oprah in that or it's just a sealed document like how does that go against Oprah because isn't that something that someone makes some type of complaint against you I canly this as sure situation that this is trying to address is if uh a complaint is made and officer police officer whoever comes out and tries to deal with complaint they say yeah your neighbor oh so um it's trying to avoid that and trying to avoid conflicts between neighbors no that makes sense right so that's what but we need a resolution for that isn't that like normal practice what we would think we res question some people agree with that and others don't well but that is it happening is that's what I'm asking I mean someone did say something to us we asked officer he said something that actually wasn't the right person it was actually someone else but so I mean okay so it's meant to protect it was meant to protect who's it protecting just the people making a CLA if I may add to it's a matter of privacy and safety okay sometimes you know if someone shows up to your house hey we got a call your neighbors said something now I don't feel your neighbor safe I don't you know it creates against neighbor animosity so I think you know it's like rather than say that just say hey we have an ordinance that you're violating or we have a law against what you're doing okay and we you know appreciate it it just keeps it Anonymous and I think it just makes it a lot my only question about the anonymity of it is that mean that when the person makes you compl say I call the police and they take a log record and they have xyc is that wor it's Anonymous as B you can request to be anonymous but you can request to be anonymous you say the person does give their name that this resolution does not go against that right no it doesn't in fact the people could oper your name okay so that is public information but you do have the option to remain anonymous yeah I know that I just wasn't sure if that's just bypassing all that anity you know you want to I think it's kind of like reinforcing it because you are Anonymous and you know even if you said the neighbor well you're not totally Anonymous anymore yeah but you're but that means the person has to go and seek it out correct it's not the code enforcement who said he your neor complain about the law right this point code enforcement will be instructed on how to respond to calls okay from Neighbors for okay great thank you so much for I thought you pointing to that uh in reference to ordinance 23-12 uh arranges Bo I mean uh we received a 78 page document uh I believe it was on November 2nd and uh we were constantly asking our secretary and she finally was able to get a Redline document because what we were doing originally is we had to go line by line sentence by sentence to what the changes were actually we were never given anything that was changed normally anyone that uh gets anything that's change you'll have it crossed out or anything we received a document that was not that way I mean uh the secretary didn't get it till like November 20th a Redline document showing us where the changes were what was changed and stuff like that so with that we reviewed was it excuse me I know your actual resolution was November 14th so I presume it was October 20th I mean October yes I'm sorry October so anyway we were given that and we only had like about s to 10 days to really look at 78 page document I I mean it wasn't fair to the land for anyone but after reviewing it we made our comments and you know wrot down and we also found unanimously that it was inconsistent with the master plan which was stated and was sent to Mar Cil and I looked at this document that's on there now that you're going to be moving forward and there's no changes not one recommendation that the land use board made is in this document not one I mean it it is inconsistent there there's uh things here that uh contradict each other in different places I think we plan to discuss potential changes so no one was given us you know the council no one has given us uh an opportunity to uh delivering you know privately about what changes we want to make but I know that each of us have individually reviewed your your uh L sports uh recommendations and I the one and here planning to suggest changes I don't know about my well if anything I would make a recommendation that you table this and revisit it in January just table it completely we hear from what I see and from what I understand uh Mr Canon sent the uh actual uh letter that the the land use secretary submitted to you guys on November 28th I believe it was yes two weeks after your secretary sent it to the Bur right so there's an issue there I do have a question for I guess I know Mr Ken or or Mr matl but why was there such a delay in getting the redline version to the board we had a r Redline version from Mr Canon Mr mtac had a Redline version I'm not sure we never we never received it till the 20th but who and it was that received it was introduc 11 but they were given us copy without red lining it's just a little odd no the ordinance itself ised was it it has my usual underlines for additions St for that's not what we received that's not what we received because we I mean that that first weekend I was going line by line looking to see where the changes were and then I turned around Christy and I asked her she goes I don't have anything like that in fact I believe the chairman also who's sitting right here uh Dennis mayor he received the same thing and he even made calls to our secretary asking her please give us something what are we looking at what was changed yeah I can't speak to it I mean I've been very involved in reviewing your work um somewhere in the process of the administration providing you that doc the chairman is right because we replaced the entire thing in its entirety that was the otherwise it would have been disas to Rie and the only one that's the red L the track Chang been right so you must have provided so they must have sent this ordinance over the one the one that I sent to speak up the copy that I the copy that I sent to the B had the had red lines indicating where the changes were in in what which section and I guess the way Greg just described it because it was replaced in its entirety that uh ordinance that was introduced was not redlined marked up like so basically he gave me he was the you guys worked together all together gave me the document track changes to turn those into the usual strike throughs and underlines would have made this a disaster and so I essentially it wasn't that easy but I essentially accepted his track changes and then adopted the whole new chapter so when Erica I probably AC it I was the next day over them it doesn't have what's changed it just has what the new language would be so I guess you they must have reached out to bed then sent the under Source document so that's that explains what we're talking about yeah everyone completely lost that I mean there's a lot of inconsistency in this uh there's uh gray areas uh as far as that in fact uh like I stated uh we at uh currently roughly 65% of the town is non-conforming some of these ordinances are going to exacerbate that number we're going to be like 80% is this the Avenue that we're looking to do make the entire tal non for because that's what's happening with some of these ordinances that are in here we've got all your recommendations though right yesk Dennis mayor 312 Second Avenue and I want to thank bill for approaching the subject I had the same issue too as being chairman of the L board we had nothing to work from and it was just presented to us here it is and sort it out and highlight it on our own and try to figure out what's what those were a couple of things in in this proposed ordance that somewhat problematic and to say what Bill about the um nonconformity one one in particular is the uh change of minimum blot size for garage apartment sare ft to 7500 ft which basically means 30 Lots in town around that number can build garage apartments everybody else it is zoned out now that's just going to preclude us to get hit with a lot of applications of people sitting on 5,000 ft luns who've been sitting there for years and not being able to build also building heights were changed there's we were caught off guard by this and I don't the town public actually understands what this for exist and I'm asking too table this until next year and revisit it with the land use board and discuss the issues there are like inconsistency regarding basement um bedrooms yes they are prohibited but then there language saying with proper regress you can't have a both way any the things that are in the ordinance right now so I really you go ahead and pass this you you doing it the service to all of us and I I believe we should just table it and you can discuss it among yourselves but you need to also reach out to The Landings board as we are a partner with you in this town for enforcement and working with the public to have them get what they need to build a project uh we don't need any more Ro than thank you yes hi evening my name is Beth Kepler 504 Central Avenue here in town um I would like to direct my comments tonight to ordinance 2316 um um I support the um governing body passing this ordinance and um I'm going to restrict my comments to just reading a wellestablished law on the record for your consideration I'd like it to be documented that I read this on the record prior to your um vote um it say it's called the optional Municipal Charter law 38 njsa 40 col 69 A1 65 it reads as follows promise of office position employment or benefits forbidden no candidate for office appointment or employment and no or in and no officer appointee or employee in any municipality shall directly or indirectly give or promise any person any office position I employment benefit or anything of value for the purpose of influencing or obtaining the political support Aid or vote of any person under the penalty of being disqualified to hold the office or employment to which he may be or may have been elected or appointed this is effective June 8th 1950 thank you yes the green blat 414th Avenue uh this is with regard to ordinance 20236 the temporary appointment of ba Merith tomarco comes to its 90day conclusion by Year's End uh the seat will go vacant for the blink of an ey and then A Renewed appointment for her to continue in this role based on confirmation by Mr Fox this will repeat itself every 90 days while he is in service as mayor this after the lawsuit initiated by himans Council whose resolution confirmed the protocol of advice and consent by the governing body for such appointments while the judge did rule that council could not bring forth their own nominees they were meant to provide consent for such a nomination I suggest that the council tried to bring forth their own nominations out of frustration and as a consequence of the they are not hiring the candidate they unanimously selected rather he kept the seat open we went through the lawsuit and he is now and he now has found a way to put his personal choice in regardless of the process and the majority opinion he opted to utilize a loophole to continuously reappoint her in this role is this legal yes indeed based on the loophole is this ethical I suggest that it is not good practice to circumvent the intention of advice and consent in order to wield power the role of ba is a key position in municipal government that manages all levels of operation to be clear I raise my concerns as they relate to the position I have no animous toward Miss DeMarco and in fact recognize that she is capable and smart and may well succeed in learning on the job however I find the mayor's intent intention disingenuous to rely on this loophole as a matter of cour the public elected these council members to advise and consent the mayor has said at these meetings and I applaud him that the council is not a rubber stamp so why is he circumventing them the many months of interim ba whereby Greg farbach has filled in temporarily has illuminated the challenges in managing our Burrow's Affairs a seasoned business administrator who has served many municipalities he clearly tried to make sense of the finances and workings of our our burrow that he articulated that Bradley Beach was one of the most difficult Burrows in which to serve we understood the importance of this role in the need to hire someone with experience and firsthand knowledge of all burrow Affairs unfortunately Mr Fox's Choice does not check those boxes that there was a highly qualified candidate for the role of VA for which there was consent by Council majority and went unheeded and dismissed he make makes me makes me wonder at the ention and motivation on the part of the mayor Mr Fox's dismissal of this protocol and his obvious disregard for the perspective of his council is not in the interest of the burrow and even further is a continued source of enity and divisiveness that impacts operations and frankly Community discourse perhaps this is the very reason that Bradley seems to be such a difficult place in which to work I understand and appreciate Mr fen's offer to volun arily sit beside Mr Marco assist her in assist her transition and teach her the skills that she lacks however a volunteer such as he is now should no longer be privy to the confidentiality of borrow matters going forward I'm in support of repealing the mayor's temporary appointment power to avoid the slippery practice we are seeing him take and bypassing the legitimate will of the majority of council it is disingenuous and not in the best interest of Bradley Beach the ranker that is developed between the mayor and council is a consequence of the mayor's lack of transparency over and again and the cause of distrust between colleagues we have seen letters to the editor and social media commentary about this very issue both supportive and accusatory clearly residents have become divided and disgusted as a longtime resident of a small town that is supposedly inclusive and welcoming our banter has hit the low bar though Bradley's government is nonpartisan politically it has become enormously confrontational and this is really unfortunate personally I believe that there can be different points of view in healthy discourse smart people can agree to disagree respect can be met with respect in spite of perspective engagement in town Administration is a good thing so I say to those of you who may not agree with my words here please know that I am invested in our town as you may be though we may not see eye to eye on this issue I hope my opinion is regarded as an interest an investment in the success of Bradley Beach I think we can do better than this thank [Applause] you Parker 27 Atlantic Avenues um it is amazing and frankly embarrassing to witness the circuitous ways in which this council is targeting the position of the acting burrow administrator as part of its ongoing campaign to diminish the mayor's legal Powers tonight this Council seeks to illegally block the mayor's right to make temporary appointments this is irresponsible and it would leave the burrow vulnerable in an emergency situation and let's call it what it is it is also to me a shameful action to callously fire a person who has been duly appointed to a municipal position and then to use her as a part of their fight with the mayor it's important to recognize that and emphasize that the professional recruiter of Municipal Executives recommended DeMarco as the best candidate for the position a decision acted upon by the mayor in his court affirmed an upheld role as mayor under the for act that is a fact that said when will this Council stop public intimidation and allow the acting bur administrator to do her job when she does her job and this trend of revolving administrators is stopped the whole burrow will benefit when will this Council focus on the legislative functions that are within its sphere under this Burrow's established form of government and stop the legally trying to limit and embrace the executive powers of the mayor thank [Music] you thank you Mary back from 284th Avenue um I would like to just say in response that I don't see the council as like Legal C of people who are trying to bad sound here in a second just one second okay okay go ahead thank you're welcome I I would just say in disagreement um I don't think that the council is overstepping its boundaries uh and I do think that the mayor did use a lole to U appoint our ba by the way is very person I I have no issues with you um but to say that the council is intimidating people when some of the mayor's supporters are sitting directly behind me and calling one of the council members an while his wife is sitting next to me if that's not intimidation I don't know what is so I think all of us myself included we need to get to a better discourse but I'm tired of this myth that the council is somehow uh trying to get at this you know our mayor I it's it just is simply not true I will be the first to say I think the social media discourse and I'm guilty of it as many people has probably gone a little too far I'm going to I'm going to step back from that and I encourage enourage other people to do it too but I do not accept the narrative that was just spoken prior to me thank you thank you the point of order Mr Mayor um it should be a public hearing and adoption for each ordinance you're muddling the whole agenda together there should be public hearing and adoption for the three ordinances individually so we're going to spend a lot of time here where it should be public hearing for the agenda and then individual public hearings for ordinance Mr can you with me here public still public comments but yeah but it's public everyone's commenting on the ordinances that's a separate public hearing those hearings are going to happen but now you're you're taking double the time you would have if you just stick the public comments on the agenda items and then do the then do the ordinances separately we're going to be here till 12:00 so I appreciate you allowing me to make the point of ORD than thank you okay any other comments onor yes have coms I'd like to thank you mayor for appointing uh someone to the shade tree commission they really need some help but it's very competitive to get on that commission but it's nice that we have somebody on there um I just had a question about 2023 d285 the resolution uh what is going to become of this $314,800 is going back to the bank and then the other it wasn't funded the half wasn't funded start okay great and I want to thank you for getting the resolution on here for the fire company for their sign I sat through that hearing and uh they did a very nice presentation just seems like a long time ago and uh it's nice that it's it's finally getting uh approved and um I do uh disagree with some of the comments made by chairman mayor and and and Mr shuck I'm a little puzzled why information is so difficult when mayor you appoint the land use board you're on the land use board Mr Marco was on the L use board as the council yison until October 1st so I don't see where this why this information wasn't transferred a lot easier and a lot sooner when we had the mayor on the board and the council liaison on it but thank you I'll have more comments on that later thank you somebody was on the board yes hi Zoom can you take Zoom comments yes go ahead hi it's Kelly Riley through for Second Avenue so I have a couple of comments to set the facts straight um first about the land use board meeting I think some of the facts got diluted so we were told on October 19th that there was going to be the overhaul of the resolution however we were not given as bill was told we were not given the red line until a day or two later after it was mat appeared for the record the document that we looked at is 137 pages and it was hit 202 updates were made with 16 additional sidebar comments there were 18 different dates starting from June 6th 2022 to September 6th 2023 where comments and changes were made in those 16 or 15 months the land use board was not notified or even given the opportunity to to look at sections at a time as we went through it we did ask the mayor if he was privy to any of these changes what was the context what was the texture and nobody had an answer and I think that was the reason that we were asking for that to understand where the changes generated from why there were so many and the whole story behind that to talk about the documents that we received so as we said on the 19th of October when we were advised of these changes we were provided a black and white document that had no indication of changes when you looked at that against our master plan document that we all work and live by it did not even match what we were working off of on the 20th when we got the red line version and we looked at it the three documents did not match each other which made for an entertaining meeting to go through and discuss all the points TJ you were there you heard all of this verbatim so I I don't want any of this back and forth that this one didn't do this and this one didn't do that we have called this out it is deplorable that we were put in a position to sit there for 3 hours to go through documents just to clarify what we needed to look at and who was looking at what questions of why didn't we get the red line when we needed it why why are the two documents not being consistent what was trying to be hidden in all of that um and what were the changes and the context so I just want everyone to understand understand lack of transparency there thank you okay I guess there's no one else so we're going to move to the next agenda item which is um we actually have uh no ordinance introductions tonight we have three uh potential adoptions uh the first is um second year I'm sorry 2020 2023 12 which is ordinance replacing chapter 450 uh the bus revised General ordinance to the update bur zoning regulations um so we'll start with Council comments on that are there any Council comments on 2232 I definitely have comment um a lot of comments so this um we're hearing a narrative that this was somehow unfair for the land use board but they didn't have enough time every single person up here has been on the planning board Hy sits on the L board now um Ben matl is here tonight with us and I'm going to say there were two occasions where you came here you stood at that microphone and you went through the changes that we were considering item by item add in an item asked us it took a long time it was a very long meeting and basically pull the the council as to where where you know and we debated not every single item amend any of those items was it just two meetings because it was I remember two very long meetings then or was it more than that uh I think it was it was two meetings and then I think there was a third one that was probably only 15 or 20 minutes to wrap it up okay so there are three different times you came in here and we discussed this and I cannot speak to what this information with two representatives from the council uh you know the mayor and also Mr Marco at the time were actually on the land board I have no idea to get back to them that we're working on this furthermore this is a Continuum then didn't just start this process I believe it's fair to say this is a Continuum of something that started literally years before that correct okay and we have made some changes to 450 along the way in the exact same manner um so you know we got the language board changes Unfortunately they didn't get back to us until two weeks after I think two weeks after your meeting or your resolution that the written document thank goodness the attorney Comm Mr panon sent it to us because nobody else provided that to the governing body so we finally got what the lendes board um didn't agree with I want to emphasize that our professional planner found that the changes we're making are consistent with the town's master plan and that holds a lot of weight to me so just want to start with those comments thank you anybody else yes sure yeah I've got um I'm going to Echo what councilman Weber just said um this Council has done nothing different than we've done at any time in the past we are responsible for legislation changes in legislation we bring in professionals Mr matl has been working with us then you've been working with representatives from the L boort if I understand correctly you've worked with code uh officials you've worked with building and Zoning I mean you've worked with for over a year at least correct he's for the record he's shaking his head yes yes uh we had SE a couple of meetings um with a group of of uh land board members uh the mayor was involved uh some members of public local developers uh and business owners and uh then and and the zoning offer uh over the course of however long it's been uh one of the the things that was mentioned was how there were several different iterations basically of the ordinance a lot of that is because as uh your zoning officer uh who was came into town about the same time I did about two years ago uh got more familiar with the ordinance uh was you know getting more into it using it more kept finding inconsistencies or things that that needed to be updated or revised so uh over the course of like you said said a year um you know there were several different different iterations different times where things needed to be looked at or changed or added uh and and that's how we got to where we are today and and please if you want to mind remain standing because I think once we've all made comments I would like to ask you to help us as a council go through one by one uh the 12 recommendations that the language Bo did make but um you know you know we've had folks in zoom and folks here in the room say they're surprised and they're uh you know disappointed in somehow in the council um for the record the council everyone for the record the counil makes law that's what we do we're legislators any changes in any ordinances come from the council we work with the engineer we work with planners but we certainly work with or at least we don't work work directly with but we collaborate with the land use board in this case we uh introduced an ordinance two weeks go by we've introduced it so it was documented why red lines weren't deliberate I can't answer that but two weeks go by uh before we even have another council meeting and we can't act at that next council meeting until the land use board has given us their feedback so there's at least two weeks that went to the next council meeting and we didn't have feedback from the L board uh we did get a resolution on November 14th well it was stated November 14th we received it on November 28th so I guess the same lack of communication that went through to the land news board somewhere there was a stoppage in communication back to back let me clarify that point because I I came across that the last two days I wasn't copied on that and neither was uh pred on that do that went from the 14th to the 28th um and and I think it was kind of a transition issue because um oh I'll start I'm sorry um had we recognized that on the 14th it came through we would have um we would have dealt with it we didn't uh because we just didn't know uh I only found out in the last few days that that document Christ and I talked yesterday both days both days trying to get some clarity you know part of the issue was we did have a lapse in the liaison from merth being in that role up through September and then um Christen starting in October which was probably the worst possible time for that to happen given this that the changes that were trying to be made so I don't think there was any intent involved in you know you didn't give us this or we didn't give that it was a situation where a there was a couple f I think I used to turn into a couple fumbles here um that uh hopefully we can get a recovery after that meeting I want to say the that two or three hour land meeting that uh I think Miss Riley talked about I asked um B you and um DNA to kind of put together kind of a summarization and the summarization saying because there were three hands in the in the pie if you will there was this small group of people a half dozen people and that was really just a focus on consistency and they did that and then Donna bar or zoning person I asked her before I said before we go proceed are there any other things that you're concerned with she had a couple concerns and she met with GRE and um there were you know a couple of those changes which were not super material there were more R consistency and then uh what what changes that the council make when we met over the last x amount of weeks so we provided that summary to try to make this easier around folks probably would have been better to have this right up front to say here's the big picture now let's drill down and that that that unfortunately there were just a couple of call snaps unfortunately so thank you Mr Mayor for at least identifying that you know snapo happen um I just to clarify I want to make sure that the public understands this is in no way the fault of the council um although we continue to stand here and be reprimanded um the other important point I'd like to make is uh the way this process works is the council makes the law the land use for tells us is the law we're promoting recommending consistent with the master plan very important role they have professionals they have a a professional planner um they have uh access to to their own Engineers they have certainly have access to Mr matlack the council engineer um and their their land use planner Christine Bell actually wrote an opinion for the land use board that said our ordinance changes are consistent with the master plan um we're going to talk about recommendations Point by point and I actually agree I personally agree with a couple I'd like to hear the rest of the council's opinion but the majority of the changes that we're being told they don't believe that langage board does not believe are consistent with master plan our professionals believe they are consistent after I read the resolution from the thean board I actually reached out to Mr Malik and I said what am I missing and I'm going to ask you to point by point to just provide the the public with your opinions but in as a general statement I'm just going to say for the most part well completely uh there's not one particular item that you suggested to me was inconsistent with the master plan there may be errors there may be issues that were brought to our attention that we do want to address but ladies and Gentlemen please understand it's our job to make the law and it's our job as best as we can to do things that are helping the burrow and and by definition helping the burrow means consistent with the master plan so so it's it's frustrating to be here trying to do things that are best in interest of the burrow and have a unanimous language board say we're not listening to our professionals We believe We for these reasons don't like these changes and we're saying it's inconsistent with the master plan so I really want everyone on a handful of these issues where we're being told our legislation is not consistent with the master plan I really want to hear I want this audience to hear Mr matlack's opinions as as to whether or not certain changes are or not consistent with the me um there is one particular citation in the resolution well first of all gra okay there's two and I'm going to let the rest of the council speak there's two citations in the Lang Bo resolution in and a resolution as everyone knows by now says where as this where as that where is this there's seven or eight of these whereases in the resolution two of them identify that their professional one opined in writing that our changes are consistent with the master plan and then at the actual luse board meeting she provided oral testimony that our changes are consistent with the master plan so there's legitimate um questions that I have you know the L use board is asking Council questions the legitimate questions I have about the L use board intentions when we have a unanimous vote saying we're inconsistent with the master plan and yet every professional I can find does not agree with that um there is a reference to goal f a goal F in the master plan it it's fairly uh simple but it basically references that uh we have to protect the scale and privacy of residential streets and and and the family fabric of neighborhoods and I I think what we're trying to do is reduce restrict overdevelopment squeezing um accessory dwellings into relatively small Lots is is creating density challenges it's creating P it can create privacy challenges it can create parking challenges I don't understand how trying to restrict some of that over development is in any way inconsistent with the master plan so these are my comments I wanted to get them out in the open but but I do want to respect the land use board's recommendations there were 12 of them I'm personally uh sitting here planning to argue in in behalf of two of those 12 to say I think these are legitimate changes but let me also say that in those recommendations some of the recommendations and I understand you had Redline challenges but and therefore you might not have understood what was changed and what was not but some of the changes that the Landers recommend are to areas of the ordinances that we did not change so basically I appreciate it but basically what you were saying in those instances is hey you guys missed something you know we'd like you to change it and and I'm actually very willing to do that but that was not your charge the charge was tell us what's inconsistent that we are recommending is inconsistent with the master plan and thank you for finding some other things but again big bold capital letters in Inc consistent with the master plan honestly I don't understand it and as councilman Weber said I sat on the plan board for six or seven years not as long as Mr Chuck not as long as others um but I mean I have a pretty good sense of what is and is not consistent with a master plan and it's offensive when we the council are attacked for basically doing our job anyone else car any comments too much I understand com I have comments about the consistency with the master plan but I I mean I think Ben should go through his you know changes M first before I Mr M you I mean we don't want to spend all night on this but there are 12 recommendations could you touch on each one that yeah uh I can I can go through so I have a copy of the the L board resolution um I have the 12 recommendations uh I'll just go through each each one uh the first one is the uh minimum lot size for those lot seeking garage apartments should not be increased from 5,000 ft to 7500 ft there should be a Prohibition of garage departments on Corner lines uh so you you touched on it and and I I think you hit it right on on the head uh this this change going from 5, 7500 promotes appropriate densities and that is a goal of uh the municipal land use law it's a goal of of the master plan and and that's that's the reason for that change um prohibition of garage apartments on Corner lots that is something that we discussed uh at the council level um that currently they are prohibited uh and we were uh making a change to allow them uh because and I think uh the part of the reason because of that is because there were it was the definitions of corner lots and and the rear yard and front yard and side yard were very difficult to understand a little convoluted we clean those definitions up uh to make it clear what each yard represents and I think that that allowing uh garage apartments on Corner Lots in the rear yard uh keeps it away from both frontes and and it can be done to to allow that um do you want to go have discussion after each one or should I go all uh so the second one is the proposed definition of bedrooms should be consistent with the current building code definition uh this was not a change that we made to the uh to the ordinance um I I think that in general uh def land use definitions do not have to be the same as building Cod definitions um I'll tell you for example I know bedrooms uh the international residential code uh a bedroom does not have to have a closet so any Den could be considered a bedroom um but your ordinance says that bedrooms do have to have a closet so that that can lead to additional things the more bedrooms you have you may need additional parking spaces on site things like that uh so so it's not uncommon for land use definitions to be different than building Pro definitions uh something you have to also consider is Lang these definitions for an individual municipality uh are for that individual municipality and all the the specific um needs and and uh intricacies of your town building code is just a building doesn't matter where it is in the state a building is a building and and those definitions reflect all of them um very similar for uh the next one definition is regarding transi and housing uh bed and breakfast Apartments Etc should be consistent with the state of New Jersey Building Code uh or refer to that code again uh I don't think there were I I think there was one uh change to um Garden Apartments uh I'm sorry beding breakfast uh because we removed one definition and just replaced it with another uh but again same thing I don't think they necessarily have to uh match the building code um section 459 G1 strike Transformer boxes uh this is in uh relation to a uh new section ordinance uh regarding ground mounted equipment um there this section ordinance was was created because there's nothing that governs generators uh the zoning officer was getting a lot of applications for generators and there was no section ordinance that had anything to do with it uh so this a whole big section was written and the recommendation was to strike Transformer boxes from things that were uh not allowed to be in the front yard of non-residential buildings um that I don't really see why you would want a Transformer box in the front yard of a non-residential building um I I think you could delete that text but the uh if I recall correctly the language says something like uh Grand equipment such as generators Transformer boxes uh other Utility Equipment mechanical equipment hbac so it's not a specific Transformer box it's just as such as this type of ground mounted equipment um section 458b replace developer with property owner I I believe that refers to the site triangle uh ordinance uh I don't have a problem with that change at all um I I think it was uh SE a section that I took from another ordinance and uh it it's a developer but I don't have an issue with changing into property owner um section 45023 D should be deleted just double check which one that is uh so I think this refers to um the no kitchen sleeping facilities in a basement uh that 450 23d was was L essentially it's not a change to your current ordinance currently kitchen facilities and sleeping facilities are prohibited in a basement it was hard to read uh just the way it was written so we tried to simplify it by separating out kitchen facilities and then section D was sleeping facilities prohibited in the basement um so it's not a significant change to the ordinance it was just a clarification um so deleting that would allow sleeping facilities in a basement I'm sorry on that particular one sure you you I asked you specifically about that I know um because you pointed out to me that it was not a change but you also said you're a concern that you as a professional would have is uh the possible use of leasing or renting building Airbnb that could then you know pour extra people into a basement correct so uh because I I thought that was at least a reasonable question posed back to us um by The Landings board but at least that was part of the explanation yeah I think that's something to be considered uh when when you you make a change like that um to you're going to allow leasing out a basement well I for that if you allow s fa in the basement there is the potential for uh an Airbnb use uh in in that basement um section 45026 b1a maintain 5,000 square ft 57500 yes so same same as the uh the first one um we already already touched on that so I'm not going to repeat it um the next one is 45026 D1 e he 5% and 10% not 10% 20% so this refers to um side yard uh with for undersized Lots um currently the ordinance actually and I think that the um this recommendation is should say keep five and 10 ft and uh instead of 5% 10% because that's currently what the ordinance says um if you have a lot that's less than 40 ft wide say your lot is 35 ft wide your sidey seax 5T and 10 ft that takes up almost half of the lot so the allowing um 10% and 20% uh a kind of scaled set for based on the size of your lot um that doesn't burden undersized Lots with having these tight tight haes now it's still we still have in there a a um a requirement that a minimum lot uh sidey setback is 4T so you can never have a set bag that's smaller than 4T you can if you had a 25t uh lot WID 10% of that is only 2 and a2t but you would still 4 foot set so on just again for clarity current setb side setbacks 5T and 10 five on one side of a lot 10 on the other this would allow to go to the percentages which a maximum would allow instead of 54 and instead of 108 uh it would be 10 and then 20% of of 4,000 yeah of a a lot that's l % so it's not necessarily four on the the second side it's 20% so if you had that 25t lot WID you could have four and five okay thank you um next one is uh 27 ft is sorry section 45026 E2 27 ft is inconsistent with the master plan maintain 30t height uh so this is for uh again for undersized Lots uh the the change was made [Music] um uh so this is again for undersiz Lots um changing the uh maximum height of a building on an undersized lot from 2 and2 stories and 35 uh to two stories in 2017 this was a recommendation from the 2018 master plan uh and it was consistent with the master plan especially because uh there was a recommendation which was not put into effect but still a recommendation of master plan that a graduated housing plan um be implemented um we're not doing that necessarily but a graduated housing plan would uh was saying that Lots less than 2500 sare ft or 25 ft in width uh should have a a smaller height at 25 to 4900 should have a a bigger height and then 30 5,000 ft or more should have a maximum height of 35 ft um so we're what we're saying is a 4,000 ft lot or a 40t frontage uh um is allowed to have a 27t maximum height and and two stories see next one is 45036 G any dwellings definitions should be consistent with New Jersey State Building Code or referred to New Jersey State Building Code again this is not anything that was a change to the um to the ordinance that that was was made uh this is a just a recommendation from the uh langage board uh same with the next one section 45036 K remove reference to Fire official uh not the correct official I believe that has to do with um inspections of uh apartments or multif family buildings um bed and breakfast yes thank you uh that again was not part of the the changes recommendation from the L board um I don't have a problem with it I I don't know who the correct official is who should be performing inspections I guess code enforcement but uh that's we can certainly do that um section 450 37187 keep the height at 30 ft uh the height so this is for uh Garden Apartments and town houses um maximum height uh changed to 27 again this was a recommendation from the 2014 master plan re exam um the and and that's that was the reason we made that change based on that recommendation and that is all 12 cards I had another reference U that you didn't mention it but um the 204 master plan and the 2018 master plan reexamination specifically referen uh a recommendation to move from 2.5 uh stories to 2.0 stories for um Underside slots uh 14b was the recommendation was the number I guess of the recommendation so thank you for taking a I do have a couple of followup questions and and but I don't want to do all the talking so do other folks on the council have question um the two that are Nob brainers to me change developer to property owner was number five I'm okay with that we'll ask the rest of the counil in a minute um number 11 Chang the Fire official to you know code enforcement or code U again Nob brainer as you mentioned that's not even an issue that we changed we did not make that Ed that's that U Fire official but I think it's a good catch and I appreciate it um the question I had was in item number four we were asked to strike Transformer boxes and my own reaction was similar what you described which is not sure why we would want to strike Transformer boxes when it's when the statement is to um uh not allow them in front yards on on Main Street so my question bill for you is can you tell us why that is a recommendation sure it's a question that is always mentioned to the mayor and Council as to why do we have all these hanging wires back in uh what was it late ' 80s 90s I get exactly when that storm came where wiped out Main Street uh and we had to rebuild Main Street and everything at that time I was only a ranker I wasn't permanent res there at that time I said you know this is a perfect opportunity to get rid of all these telephone PS you get rid of four or five telephone poles you put a Transformer base you could feed all these buildings all these businesses and stuff like that we did that on Ocean Avenue do you see any telephone polls on Ocean Avenue no you don't need them because they're being fed a different way and and this is why those Transformers on every street the master plan cuse for all utilities to be placed underground and this is one way you get rid of a couple of poles uh I mean you have a couple of homes that put their uh utilities on the ground before you know you don't need that pole no more put a Transformer base that's all they need I mean you see new developments with trans green boxes that's all you don't see telephone calls you don't see wires that everybody complains oh look at all these these ugly wires hanging all over the place and they're calling the police constantly for hanging wires you know this is why keep that Transformer base eventually if uh what you call it what we do is we constantly push for home uh homes to be uh using uh their utilities put them on the ground uh eventually you'll get rid of those telephone calls it's not going to be in my lifetime maybe in my grandkid lifetime for their grand kids but eventually this town will not have one teleph all up in the air I mean when you hear power failures what why oh tree branch hit the power lines you're not going to hear that about Transformer Bas well and I'm with you I'd love to get power lines underground I I also know at least at the current time it's pretty expensive proposition but was any conversation debate given to U you know we're all concerned about the streetcape on Main Street is there any concern about round mounted uh structures Transformers in the front of buildings I mean that's supposed to maybe in the side buildings or back that would be underground that would be junction boxes and you have those currently on Main Street right now because this whole section of the code is focused on uh ground mounted equipment but this what you're saying what you're describing wouldn't even be ground Mountain you just want us to strike the wording Transformer boxes right allow them eventually you're going to need them is that a private property that in right away that's in the burs right away in the burs right away that's where the telephone pole is right but what's your vision like what would be there if if if we strike this and say they're they're allow in the front yard of a of a Main Street Building what would be in the front on Main Street they would be all underground in junction boxes and the uh whatam call like I was trying to get the who was it the darc at that time uh when they were redoing theirs uh I had an opportunity to redo their electric and it was no difference putting it underground or running it overhead and they had to run pipe all along the building and everything and their uh whatam call it uhri panel was in the basement so what is it to go from the basement to the pole and go up the pole you get another building to do that and eventually you don't need that pole anymore because it's underground and that was my original conversation with the mayor uh After the Storm when they were rebuilding man Sho and there were a few people that said it would cost too much uh you know and there were people that had said look what it's going to do to the beautification of Main Street in Bradley Beach which is the which is the main goal beautification just to mention one thing uh f is actually uh the major plan call for uh continuing development as well as maintaining the character of the Town that's what actually is and Mr M just on that last Point um you mentioned to me that striking that wouldn't necessarily enable someone to put a box there because the broader topic is ground mounted equipment could you tell us about that yeah so um ground mounted equipment is not necessarily A a junction box that's below the surface it would be something that's um you know a a cabinet you might see um in in a front yard now on Main Street it's everything would be in the right away so it really wouldn't even necessarily apply uh to that because Main Street your front yard setback is zero um so you can't you're not going to have anything in your front yard on the indry uh but in um any in the right away doesn't count towards you know your your Lan it's it's it's not part of an application to to the Border it's not not regulated by the Z ORS would following the langy sports recommendation with striking uh what was the terminology I just took transform transform transform would that um cause you any angst or or is that somewhat of a move point from your standpoint um I I don't think there would be an issue with it uh I guess it would probably only affect a few um properties on the maybe uh 700 block on the west side of Main Street uh that that don't front under Main Street they have have some front yard setbacks uh but no I don't I don't really have an issue with it uh Mr shar's explanation I think that's that's reasonable I mean to the extent it might possibly encourage people to put junction boxes underground I think it would avoid the confusion that a lot of people would have about ground mounted versus underground mounted U I think what I was being literal saying ground mounted get rid of don't don't want boxes blocking W away but my understanding also is of the ordinance that the current language say outed equipment is not allowed examples are blah blah blah Junction uh what do you call it U Transformers so we could strike Transformers and yet still if somebody tried to put a Transformer box above ground it still would not be allowed in the front yard yes in the front yard yeah so I'm going to go on record saying I personally I would approve recommendations four five and uh 11 as well that yeah you know I appreciate some of the changes that were were made um 4 five and 11 are good we're just going through the the one by on now are we going to t to the overall or yeah well I want to ask Mr Canon a question and I'm hoping I answer but I I Greg the question is if we want to make these three I think they're relatively minor edits strike you know the Transformer boxes change the word developer to the word property owner and CH change the word spy official to code officer I feel like those are all the minimist could we still adopt this evening or do we have to go back to the drawing order changing enforcement authori the safest bet is to reintroduce and back I know that doesn't help our expedience before the end of the year but does sorry doesn't help expedient as we near the end of the year but um that would be the safest thing to do can before we it was just develop a property owner I make a different call the other two once changing the enforcement official I think the safest thing is to send it back to land well by the way though that's not a change we actually advocated for that was a a good edit but today we took it as it was sorry we took it as it was if you remember that it was a change we can also adopt and make these changes okay okay and just also Mr K for the record we could uh we could we could if we wanted we could adopt the ordinance tonight and follow up with any change that you would suggest to is not make it a separate change you can change your ordinances anytime you like we've done this recently with uh yeah we we did it with uh the shortterm rental just recently yeah right so okay Christ don't please be gu I mean I like the idea of I think there good suggestions I like the idea of um you know moving ahead with the um of our um decision um you know before I vote I I wanted to say that I'm new to the land news board but I've um had a quick baptism here um and um from what I've I've learned and done my research on um I I believe that um the council changes um to the ordinance are in keeping with the master plan um the land land use board cited the changes made by the council were inconsistent with the overall overall goal after Bradley be's master plan however by increasing the square footage of property needed to accommodate a garage apartment and by lowering the roof height to set 27 ft on smaller Lots the council is encouraging the use of lots as single family homes and protecting the privacy of homes around them by not encroaching on the air trees privacy and sight lines of the surrounding Homes New Jersey municipal land use law 4044 d-2 promotes the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons neighborhoods communities and regions and preservation of the environment allowing garage apartments on Corner lots of at least 7500 Square ft is not Inc consistent with the with this these changes allow for the infill of housing stock or smaller more affordable homes are knocked down and can be replaced in time some may say no one is going to pay $750,000 for a lot on which they can only build a twostory two bedroom to bath house but once Sellers and developers realize that that's all they can and will be allowed to build the prices will come in line making Bradley Beach more affordable and offering a variety of housing options this too is in line with the Master Plan and New New Jersey municipal Municipal land use law as ml States we are to provide sufficient space in appropriate locations for a variety of agricultural residential recreational commercial and Industrial uses and open space both public and private according to their respective environmental requirements in order to meet the needs of all New Jersey citizens and finally these changes were consistent with the master Plans by our own professional thank you yeah uh want to hear from the public you want to make a motion to open the public yeah make motion open public second Mr Noble yes Mr guzi yes M Mahoney yes Mr Weber yes may yes any public topics yes um Rosemary vent 405 Avenue this is the point where we make a general comment it's not necessarily on no no this it's just this order this okay thank you for your confidence uh like I said uh we we have uh roughly 65% of the town that is nonconforming uh some of the ordinances that you're going to be adop changing it's going to affect a lot of homes all the homes Facing East West or I should say majority of the homes Facing East West as well as the north end of town not going to be able to do anything because they're nonconforming uh I don't know about uh anyone uh over here who's bought a home uh if your lawyer warned you but uh I had a few friends that buying Bradley Beach and the lawyer's first words out of his mouth you realize you're buying a nonconforming house you're going to have to jump through hoops to get anything got upon it and is like I said before is this what we're looking to do have our residents jump through the Hoops you know I mean I'm going to say thank you because we're going to be busy with the land you sport now with this ordinance you're going to keep us busy what's your help us understand I've been you're going to if you're going to allow garage apartments on 7500 Square ft and not on 5,000 why you have you're only looking at what 20% get rid get rid them completely don't even have garage apartments then because you're second g into town what is your East West uh reference east west facing homes homes that are facing east and west small Lots all on we're trying to create we're trying to create less restrictions for small Lots can you give me the which of your recommendations are are you to keeping the 5% 10% we're helping small lot no you're not you're not that's not explain that to me please that's not helping please explain that because you're you're stating this to the because you're you're making the house smaller you're having a larger sidey yard setback we have a smaller sidey setback you don't understand the map you don't want you're not going to have that just explain it to us I'm telling you you're you're hurting the town that com we need to understand what he saying if we're hurting the town I don't want to vote for it but I don't think we're hurting the think of what you're doing read your ordinance in fact the residents please read the 450 ordinance read it look at your home read it and I'm asking you one question the for thein your own testimony is 80 Pages I'm what is the one recommendation you said it was 5 foot 10 which by the way keep the 30 uh 30 ft why you why we we don't allow two uh two anyway what the what is the east west side alliz Lots agreed we're giving those undersized lot same thing with the north end of town we're giving us undersized Lots Rel so what okay Mr M can you please address this I just if I'm misunderstanding I want to know I I'm was just pulling out my laptop just to verify that that the uh ordinance on the website is the way I'm I believe it is which the way I have have it printed out it says that uh side yard setbacks are 5T and 10 ftre and then the change was for undersized lots to allow a a smaller setback so I'm which is relief which they have that already and you would there's a percentage that we do there's a percentage for side yard setbacks on underside lock I believe it's two and a half it's not and that was removed so the zoning schedule says 5% and 10% instead of 10% and 20% okay so then it it would adversely impect smaller LS yes please confirm no Phill you're right you're right and and you remember we had an ash that was there that said that any uh home built prior to uh I forget the year was a conforming lot and we removed that Ash again if you're right you're right that's why I'm I'm pressing to make sure I understand so the zoning schedule says in in an asteris uh minimum side yards for Lots not meeting the minimum lot WID requir that exist shall be 10% and 20% of the lot the ordinance section does not say that so I believe that's why we added that in so so Mr M what so what I'm saying is the 5% and 10% does not exist in the current ordinates it's it's 5 feet and 10 feet and then there's a discrepancy because the zoning table says has a a footnote at the bottom that says 10 and 20% so the the change was just to make the two consistent we also added the minimum lot with the minimum sidey set back of 4T which allows for buildings to not be too close together so the change that that you've provided to us is making uh the definition consistent with the table correct it's not it's not adversely impacting small Lots correct it's the only change is uh allowing to uh requiring a minimum of 4 foot uh Set Side set back for undersized Lots which would uh keep Lots houses from being too close together if you had a 10% 20% you know on a 3,000 ft lot the houses like could be six feet apart by by C so we're keeping them at least eight at least 4 foot set back at least 8 ft apart so it really comes down to Bill to your point you got small Lots small homes right now under that table they could get how close 3 ft Step Back 2 ft step back uh uh it depends on the SI size of the right but I mean what do you see at l l uh we've seen it as 4 ft you know on one side uh three ft on another it it varies it varies it varies I thought for feet that's that's the proposed change the proposed change is to make it foret yes 10 and 20% but keeping a minimum of doesn't that too close that's main purpose I think you no there's a there's a ruling on uh what you call it buyer because you're not allowed to have uh Windows if you're within a certain footage of another home uh there's a lot of issues there there are fire codes that that prevent certain things when when buildings are a certain distance apart I don't know the exact uh yeah but this is um the change is like I said minimum 4 ft apart but keeping that 10 to 20% yes anybody else yes brona Parker 27 Atlantic Avenue as it stands now what you're voting on has this been approved by the land use board all the 12 items all but 12 items well 12 items they recommended changes okay so they approved it baring 12 items well they didn't no they but they didn't raise any other concerns don't approve they didn't approve and they they said for these 12 reasons we give them a courtesy review and they give us their feedback be clear so when the governing body changes any zoning ordinances of the B Municipal land use law requires that after the bur the Gover body that ordinance the planning board has 35 days to review it and provide their comments and recommendations thank you and their com and their recommendation was to change 12 iOS believe was more than 12 I think it was 12 I don't know if the ones you were agreeing to well I think they recommended 12 there were 12 recommendations thank you like that there were 12 recommendations that you did not agree with us and this is why we're asking for table sit down with us let's work it out there's no need to push this right now it started in January it started before January started a long time ago yes I hate to say this but I L duck 32 in the Avenue I do agree with the 7500 the north end of town is so congested now it can't take another car on the street correct I would think we all agree to that if you live in that area also it's a it's a fire hazard too close together Ocean Grove burns down not just one house at a time and it's a safety concern when you have two houses together and they decide to put a fence there people do and then you have less room people don't get permits for fenes sometimes and this just what happens it's just like you can't have the windows there's no ventilation I I don't know if I'm not being selfish I'm just thinking that the East West there's a lot more playroom there because a lot of those houses have WI Lots but definitely on the north end it's it's very congested and I feel sorry for those people they can't park now thank you else yes uh Thomas J Goan 62 thirr Avenue uh Mr Shuck's comment is interesting about taking them out of the 7500 U but it's counterproductive to his argument about foring you create even more non-conforming but also with the 5,000 foot loots there was this was workshopped in 2017 to under the angle Administration to make it 7500 foot lots and in that Workshop one of the councilmen said well you know really should be 7,000 square ft I'll support 7,000 square ft well the workshop never went anywhere and then that council person built an improper garage apartment so um obviously his was less than 7500 ft so um but this was talked about then and when we talk about the lots that you could make non-conforming if you have a 50 by 100 lot what's your existing building coverage could you even build a garage apartment and there's been situations already in front of the zoning board where people went to build a garage apartment they needed variances for impervious coverage and and building coverage already before that unit um in terms of the 27 ft I think it's great that you're lowering that because the land use board just approved two small Lots with 30 foot houses that are two and a half stories they got variances for the half stor the whole intent was that the house would fit the lot and not be overdeveloped for the property also with the parking bearing system so that's another consideration I attend all the meetings um and you know mayor fox makes all the appointments for the land use board I did appla but for some reason I didn't get um but you know I want to uh thank the council for doing this and taking the time to really dive into it now uh the purposes of Municipal Landis law tell us in Item B to secure safety from fire flood panic and other natural and man-made disasters that four feet is really important and also to item C to provide adequate light air and open space that 4 feet helps if you have the existing one where it's uh 25t lde and you're allowed 10% that's 2 and 1/2 ft now you're right on top of the next person our ordinances are very liberal and and they do not Zone any lot into economic inutility it can be built on hey it may not be what you want and you may not get that third bedroom so your kids might have to sleep on the couch on a weekend but that's the way it's set up and uh I comp compliment uh councilwoman Christen Mahoney for acknowledging people are paying these big they want to build a big house and you know what people say Well they're not building a mansion well you know what on a 1,000 ft lot they're building a mansion and it shouldn't be that way so I think these these changes are are long incoming and I I think they're wonderful changes and it'll really make it simple this is what it is it's already I mean when I go to these meetings and people ask for seven I go it's already liberal and you're asking for more it's time to make it really simple and this will send a message also to the planners and the engineers and the lawyers who coach their people to get their approved to say hey you know what maybe you shouldn't do that Bradley Beach is pop with their ordinances because that's what happens in other times you know they've never given that variance so don't think you get it thank you very much app yes this the last one um we are a corner property we are just over 5,000 squ ft we have an existing two car garage we would like the opportunity to put an apartment above ours whether it's for my mother um or whatnot um to not allow us to do so would be a financial hardship considering when you look at everywhere in town There's numerous properties that have Corner Apartments you have homes like I said there are more back buildings in this neighborhood that are bigger than the front houses um yes people are tearing down beautiful old homes we did not we have a lovely little 1760 foot um Bungalow and we're going to keep it that way um but yes we would like some expansion meaning that we just want to go up on an existing property we don't want to do anything else to it um if we're not able to do that our only recours is to actually then we can do a whole Remodel and we could add more coverage we could you know catch freeways with what everybody else does we're not looking to do that we would love to keep as much air and space open as possible other than having extra storage space for ourselves in an apartment up there um we have neighbors that have five and six unit properties it's insane um you know people are buying these homes in building 3 four 5,000 square foot homes so to argue it's density to argue it's not with the master plan you know yes that may have been where it started but in reality you know there's nothing we like our one case doing to really change the landscape so we would hope that anything you know 5,000 and above would be considered thank you yes Bob 6145 um I'm squarely in the uh side of being screwed by this uh I have just under 7,000 I have 20% lot coverage have a beautiful backyard I don't have a garage I would like the opportunity to potentially take advantage of what I bought my house for four years ago it was you know I bought it I had the option potentially to expand I have a growing family both my daughters are getting married they're going to have kids I don't have the room for everybody I have two elderly parents I may I want to take advantage of that I thought it was something I had as an option and now you're taking it away so you know it's just me in my opinion but kind of stren me thanks I'm sorry what you rors v v RS thank you thank you people I mean I know it's but people do have time they have they can file for a permit and then they have two years from the time the permit is filed uh there is in the municipal land use law there is a uh you have one year um to file for a certificate of pre-existing non-conformity okay um which is is just filed with the zoning officer um after a year uh if if that is not filed you can still apply for it but youd have to just go before the Zone Bo or the landage board so I'm saying but before if if we pass the ordinance before it takes a like in this gentleman's so if if the ordinance is passed anybody who has a a property that becomes non-conforming can they can still live in their house and exist you know they as long as they want uh the change change would be the effect would be if they go to build an addition or something like that uh then they that would trigger a variance and they would have to go but before the law takes effect there is a window where their house would not fall into 20 days so they could they could file for the permit and they would have 20 days where they would not fall under the office the new and that permit would be good for one year to an alternative to this point on that point actually something I got down is one of the reasons I'm concerned about this is could we because we are we do have people that bought a house and um a 5,000 foot lot or 6,000 or 7,000 and may have plans for it there's a real example back there is there a way that we could time put a Time parameter on that particular point and say there's uh this should be executed in uh a two-year period U but it will be executed so we have the addal time to at least either let people make a plan uh and um if if they so desire because this is a point I struggle with on this issue you know I understand density but I also understand when to beach down I understand um if I bought a house on 5,000 square my live forget it it's not anywhere near that but um you know the point I'll just I'm sorry can use an example but uh you know I would think if we put a Time parameter on this a thr two years and we really adequately communicate that to anybody with those with a lot that size and say this is your deal this is how much time you have to to deal with this then at least we put out there a u you know a little bit of a a c that's something that I kind of thought might be something we want to inate what's our foral communication I just wonder because this has been talked about for the past year right and so in public in public meetings so what is the form of communication because you would consider that it's been in the paper it's been brought up it's come up in this meeting which is considered the public forum so then what is your better form of communication that you can get to everybody because there's always going to be someone who says I I didn't hear about it yeah my recommendation would be some kind of direct mail we know what lot sizes are we know what's on Lots basically a direct mail to say here's the deal you know You' got x amount of time to do this uh otherwise the Law's going to change I think the chairman said um Mr Mayor said you know there's going to be a lot of people who don't understand this or they just don't know it um I think aware of this yeah is it you know is it coming on us to try to drive that communication to I don't know how many homes of this I'm sure I can get U Eric I get that information us and with addresses and names and I help to do register because it's not it's not it's not going to be hundreds and hundreds of pounds of houses so that's that would be my answer yeah I I understand then I wonder is it incumbent on us to let everybody know every that we you know the fairness of it right well you know pass but you know I pulled over by Arnold you know you didn't you didn't call on the tell me I I really do Spees argument um this is a this is a major change in that people's economics that Bol I've looked it for 32 years other people I have a 5,000 foot of lot I've never built a garage other people may want to not aware of this and all of a sudden 20 days from now 20 days from can you come to the mic please [Applause] oh 312 no I think it's a speech argument about speeding you're looking at people's economics and they the the number one investment most people have is their home and they have made plans whether they've executed those plans or not you've taken that right away like that that was my only point was my biggest issue of this whole thing um and and there's been a lot of bad things that have happened and in years we've looked at the backs of Bradley Beach neighborhoods you've got many Bradley beaches Behind these houses and they finally clamp down the size down to 800 squ ft even still it point my point was give people some time to deal with this or have the like this political coverage just eliminate garage apartments that's what you in effect doing you're going to eliminate construction of new apartments except for about 30 LS so make a decision and or stay with the 5,000 and as May Fox stated put the time frame I say as of this dat this ordinance kicks in or bate this somehow pull that part out have that come in later and the rest is approv whatever you want to do the rest that's kind of money I don't agree with some of the comments you know maybe approvals were made for regate reasons because of Street skate and such like that um but this is you really affecting these people's investment I don't know if it's going to help it or to diminish it that time will time it's my comment yep 6003 excuse me I've got a local Court things going on here um we have a 10,000 foot lot if you were able to put back house 5000t lot if you do a tear down and build a couple beautiful homes probably 2 something million dollars and have garage apartments by you adding this time element that's being digested I'm going to go put we're going to change our Gass to garage apartment we don't want to we don't need it we like it the way it is anybody understand that so you're diminishing the value of our house immediately when you're reducing the number of of the size of the property that you need backbody follow that you can still build a apartment you if they didn't have that restriction for a corner lock I could bu two houses back houses on make a lot of financial sense by changing it to 7,500 I can only build one back house on my property you put this time element down there like okay you've got one here to do it CU after the one year you're not going to be able to do it put the to build a back house you understand you diminish the value of my property so I when I would do before that 2E um time is up I would definitely add a backout because i' have that AB i' have that added value if I have the ability to have a back house and not have one it still has value but after a 2year period that's what you select to have as a time element that value of being able to have the back house way Minister value that proper so think about that you're saying everybody put a back house on will attempt to is that are you talking about your house in particular I'm getting my house as an example I I would think other people if give a timeline like after a certain time you cannot BR the back house they would be inclined to do the same thing hope that the inclination is just like the example the back I've got a plan but it's it's out a couple of years and this is what I'm try to do not just ch forcing people to do something that they wouldn't normally do okay thank you okay so the question I guess for us is we want to move forward I guess I mean you're always intrigued we're never trying to punish anyone I mean that's not our goal our goal is to protect the bur um at any snapshot in time there's going to be someone who raises their hand and says well wait this adversely impacting me but while we wait there's a potential for 15 other people to come in buy up a small Bungalow and on a 5,000 foot lot and build a house and a you know again if they can work through uh Landing boort you know create greater density in the bur so we're very sympathetic I'm I'll speak by myself I'm very sympathetic I would love to find a way to resolve this or you know for all but at some point you know from a legislative standpoint we're trying to do what's in the best interest of the b um I am intrigued Mr mik this whole process if someone was interested in like the gentleman in the back if if he's if he's interested in at least reserving an opportunity to build a a garage apartment accessory dwelling U I know you started to explain this earlier to M money but I just want sure I understand um I guess I was under the impression beyond the 20-day stop at the mayor reference I was under the impression it was more like a onee time frame is it only 20 days that they could submit a application so what I referenced before was I guess in an example if somebody has a 5,000 foot lot with a current garage apartment with the Curr yes once if if an ordinance is passed to uh make it that your minimum lot size has to be 7500 ft that lot is now nonconform you can get a certificate of an existing non-conformity uh within one year just by an applicational Z that oh I see um and and that would allow you to do you know some some type of building addition to your home or what whatever uh you may want to do what your put in a swimming pool whatever the case may be uh without going to the langage for one because you have that certificate if you uh don't do that then your existing non-conforming lot would trigger a vars um so that that's where that falls into play if live on a lot that does not have a garage department and you wanted to put one on yes you'd have to file an application to put one on before the ordinance goes into effect and that's difficult to do because it just takes time to go through the process of Designing a a site plan and an architectural plan for funding it fing whatever you have thank you for clarifying Kelly's [Music] iPhone hi hi it's Kelly Riley 304 second AB um I may have missed this but I think Mr Canan made a reference that the land use for has legal reason has the legal opportunity to be involved in this if that's the case can this be tabled so that we can discuss it holistically as it should be done table the up to you guys just asked you did you say that there's the Ling Bo already made they've reviewed this and made a recommendation to us so I don't know what other opportunity the landage Board needs if they couldn't get the homework done on time I think they be saying us we didn't give you anything but they did their homework and they sent it back to us so no I didn't say I don't think anyone said that we didn't get our homework done on time or have the time I think the question was what was Mr kon's words about this the legal rights of the L use board to be part of these changes and can we table this so that can be discussed further I understand the the the legal obligation is when if the zoning regulations is going to be changed the the ordinance is sent after introduction to the planning board who has 35 days to make the review of mpal L law so what we did right y okay we we have a very clear understanding of your concerns so I I don't think it's an issue of discussing you feel that it's it's inconsistent with the master plan and I speaking for myself I feel it is consistent and the experts say it is consistent so I don't know how much more discussion we need on that okay so I'd like to take a motion that we actually pass this ordinance 2023 16 and ordinance amending chapter 5 oh sorry um so be Happ to read have agenda okay you actually have to first make a motion to close it okay so I'd like to make a motion to close the public hearing and adopt ordinance 20232 an ordinance replacing chapter 450 Zone theis generalate zoning regulations second Mr Noble yes Mr GUI I'm just going to say that we've spent a awful lot of time on this I think great work has has been done by Mr matlack he has talked to everyone including members of the lus board for the better part of the Year U I did want to suggest one or two edits to this I don't think however based on Mr Canon's uh guidance that I I want to delay the overall adoption of this so to the extent we need to change a reference to a Fire official or that we need to change uh property owner from developer I think those are valid changes but to the extent that they would otherwise tie up what I think is a really good amount of work that's already been completed I'm going to vote Yes M Mahone yes Mr Weber before I go I want to say that um a bunch of things just to address some things that were very valid points that were brought up here but just to take us back in time there was a time when there was we said garage departments are getting a little bit out of control let's limit that let's change it so we limited that we've limited the square footage of that and I'm absolutely sure because I lived in town there the same arguments were made we taking away people's economic opportunities sure some people have garage apartments and they had plans to make them two three four bedrooms and you know they had an economic plan for that and uh you know that opportunity was taken away from them because we clamped them down and we said 600 ft is going to be the the limit on Dr departments um the master plan doesn't say the job here is to maximize economic value for people that is not what the M the the master plan says um to the people that came up and said scre me economically I'm screwing myself economically I have 6,000 ft and plenty of room to build a garage apartment and you know the reason why in the last 18 years I've never built a garage apartment is because in my opinion it would screw my neighbors it screws them out of their light and space and open and they can look out in the backyard and see grass and trees instead of looking at a building uh you know I have an aging mother-in-law too yeah maybe a garage Department great we can move here cross my mind you know why because of my neighbors so just like when we change when we ratchet it down on on garage apartments with the square footage that was maybe unpopular with some people but it was good for the town and it was consistent master plan so for the exact same reason I understand what the arguments are against this but this is something that's good for the town it keeps our density in check and not one for you know I get a lot of compes let over development and this is time doing something about it so I'm going to vote Yes mayor Fox I want to vote no the reason I vote no is basically I would like to incorporate this three edits 57 and 11 and we because the governing body is not changing we could push this into January i' have to go do a redo um the I do think the time parameter worthy of further discussion of understanding how many homes how we communicate we do that so I think those two things the three adits plus that I'd really like to see happen I I do understand all the points on density and everything else but if I if I bought a house at 5,000 square ft and I could build a coning back house for my parents or as my uh retirement income or whatever I i' like some time to make that it will do that if I at least have opportunity to the Chairman's point that we let people know that so and that would close this out so let's move on I appreciate the time here um an extensive amount of time but it was a complex issue and and I will say there were a couple of as um Council woman Mahoney and I said there were a couple fumbles here that caused a little bit of um a little bit of a problem but uh you know when we want okay uh the next is for uh 20236 it's an ordinance amending 123 Beach B areas of Jason Waters of Revis article toib all motorized or powered vehicles or any type start with any Council comments so we'll close Council comments now make a motion to open public comments and yes Mr yes Mone is not pres Mr Weber yes mayor Fox yes any uh public comments on ordinance 20235 yesy 48 like Terror I just want to know who enforces that I mean we share that bridge with Ocean Grove no but Ocean Grove has half of it right or so will police cars be patrolling that I mean I live right next to it so it just seems like that's not a place that there's usually a lot of surveillance imized vehicle I think now you have the ordinance this a specific request from them say they can't enforce anything unless there's an ordinance hope exception yes do we have a similar ordinance for the boardwalk with the yes yes who enforces that Mikes all the time so I'm just saying like and it's hard to see from Ocean a distance but they're there and I always tell them to get off any other comments board okay I'll move to to uh make a motion to close 2023 15 Mr Noble yes mrzi yes M mahani yes Mr Weber yes mayor Fox yes okay 20236 in ordinance amending chapter 5 administration of government for toal mayor's temporary appoint power under 514 uh start with any Council comments any Council comments yes I do this amendment has uh has received a lot of attention over the past month and I would say rightfully so the question everyone wants answered is who has the right to make a permanent appointment of our business administrator the mayor or the council as recently as last week the mayor sent an email to the council requesting that we remove the adoption of this amendment from tonight's agenda he stated that the council cannot delute this is a quote dilute the legal powers and authorities granted to Mayors in this form of government and that this would quote encroach on the authority granted to my office by state law and burrow Charter I I know everyone has heard these statements before from our D days as well as perhaps in interviews in the Pap what's disappointing to me is that some people fueled by the mayor's rhetoric have made these same statements as part of personal assaults on this council's motives a small group of individuals have publicly posted unfair accusations against the Council on social media these individuals are certainly entitled to their opinions but unfortunately their opinions do not include facts the following are four simple questions which people should ask and I hope some will find them thought-provoking anyone who cares about the facts should read the answers question number one when is a strong mayor a strong mayor our fer act small municipality form of government is often referred to as a strong mayor form of government the role of our mayor is indeed strong because he serves both as our chief executive and as a member of our legislative branch the council our form of government also provides for a council which is empowered with many rights including the right to approve mayoral nominations of various officer positions sure when a mayor attempts to avoid the checks and balances that are built sorry Oh I thought you g to leave okay sorry otherwise I would lose all my momentum sorry pardon me when a mayor attempts to avoid the checks and balance that are built into our laws he has moved Beyond strong and is headed towards dictator number two question number two when when do three finalists equ one finalist the mayor presented three finalists to the council for their consideration to hire as a business administrator the council interviewed the three finalists and then selected the one that the council believed to be the most qualified candidate and the one who they believe could best serve Bradley Beach in hindsight the council now realizes that the mayor was really only presenting one finalist the only one that he was willing to nominate question number three when is a loophole not a loophole the mayor knew that the council did not support his candidate and he also knew that he needed the council's consent under the law so the mayor used the Burrow's own ordinances not the fer act to temporarily appoint an acting officer for up to 90 days that's a quote from our ordinance after making this temporary appointment he then created a 2-year contract reaching an annual salary of $130,000 the mayor then admitted in a public council meeting that he intends to continue to reappoint his choice for business administrator every 90 days indefinitely he requests that we do not refer to this manipulation of our laws as a loophole this question might also be known as when do 90 days equal two years and finally the fourth question that we all should understand the answer to when does temporary equal permanent this unintended application of the Burrow's ordinance temporarily appointing the same person indefinitely creates a full-time permanent appointment with Benefits this action is clearly designed by the mayor to usur the council's authority and not the other way around the council's motive is simple and I underscore this because I've heard us accused of so many very inappropriate motives the council's motive is simple these four answers explain why the council must pass this amendment to ordinance section 514 J tonight in order to close the mayor's loophole we must remove the authority that a prior councel gave to a prior mayor years ago the current mayor's actions constitute a clear abuse of this temporary appointment Authority therefore this Council must remove the authority previously granted to the mayor's position thank you thank you any other comments thing um I I hope this will uh um the people that were going to get up and speak on this will will take this to heart um everybody needs to know that this is not about our acting Pro administrator a lot of people think it is but it's not it is about the mayor and his abuse of the loophole regarding his power to make temporary appointments um there is a state statute out there right now that says with the two3 vote the governing body could remove the administrator okay and this counil that would mean a four four person vote okay we did not do that at either of the October meetings we did not do that in the November meeting and it's not on the agenda to do it this meeting people need to understand that that means something okay so everybody thinks that this is about getting rid of the acting B administrator I just want to tell you that you're wrong it's about keeping the mayor from abusing the the loophole as just described it just doesn't it doesn't just apply to this position the administrative position it applies to a whole host of positions in in town so again if we're going to have allow a mayor to make permanent appointments when they're really just supposed to be temporary uh for you know seven or eight or nine different different positions in town um that's a problem so we are taking away the ability of the future mayor to do this and that's what this is all about I know people are going to get to the microphone and say something else but it is about that it's not about the active administrator sure uh I'll try to go as quickly as possible in 1992 the Bradley be moved from a commissioner for of government under the wallack to the f fuler act small municipality form of government one of the positives of this form of government under the fauler ACT is that it enables citizens to enjoy the powers of initiative referendum and recall by petition voters May propose or or repeal legislation or act to remove an elected office uh official from Office all this can be accomplished by the people without action by the local governing body just as the people have power the mayor and Council have power to Bradley Beach has adopted the small municipality form of government which does conform to the strong mayor format with the strong mayor acting as chief executive this form of government is very similar to the US Federal form of government so much so in fact that our mayor alone much like the president of the United States can nominate for certain appointments but can only make that appointment with advice and consent of its Branch Counterpoint the council much like the president of the United States can only make certain appointments after sen Senate approval as we all learned in civics class or even on Schoolhouse Rock there needs to be checks and balances with regard to 514 J at first first blush it seems to well handle the situation where we are in need of an officer in case of an emergency and perhaps it would checks and balances were in place however we are in a situation where an appointment was made without the advice and consent of council as prescribed by 4069 a-498 and that appointment is going to be held over for an indeterminate amount of time without the advice and consent of council after the 90day temporary appointment expires the governing body does in fact have a provision to handle officer V the mayor can enter into a Professional Services agreement like we did with Mr farach and after the mayor's threshold of spend is met the council can approve the continuation of the Professional Services agreement however in reality wouldn't it be best if appointments were handled according to Municipal Charter requirements whereupon the mayor nominates candidates for offices and then appoints after receiving the consent of council who were duly elected the fauler act burds the mayor May and the city council is working Cooper cooperatively for the benefit of the M municipality's president since the mayor does not intend to get the council's advice or consent to extend the 90-day appointment and seeing as 514 J allows the mayor to circumvent working cooperatively with councel I agree in Striking 514 J from the ordinance thank you that's my comment okay thank you um I have a couple comments I'm not going to in that it's 10 to 10 I'm not going to go for hours um but um one portion of U the memo I sent to the council last week that councilman luosi failed to mention I will mention and that was that I would prefer that we instead proceed in a more harmonious manner by working together rather than creating more divisions if we still intend on placing this on the agenda I'd suggest we jointly seek judicial intervention to advise on whether this is consistent with the form of government uh in the F act meaning that um the case that we had back in August it was ruled on is still open it has not been closed uh that recommendation was made let's ask the question and find out what the right answer is and that was rejected outright by um a number of people on the council another conversation that I had with a councilman up here a council person up here was uh the potential of nominating the acting ba as a business administrator and that was um basically um shot down or went into a negotiation um the point on a two-year uh schedule was based on the original uh the two-year salary schedule was based on the original um recommendation on how to step up over a period of time based on performance U the Ba's sour it was not intended to say um it's a two-year deal goodbye it was um it was intended to it was it was a thoughtful uh approach to salary Administration um so I think one of the key issues here is this idea of checking balance and and consent uh we had three viable candidates uh I asked for advice and consent and basically I got more of this is our preference and this is what we want to do versus if all three are viable candidates and I I choose this particular I recommend this person I would have hoped we would have gotten uh a little bit more discourse to nope this is our this is our deal here so I think it is infringing on some of my responsibilities um I think in August um this elements of this whole idea of appointment by Mike the mayor's position was um laid out by judge English uh my big concern with eliminating this part of the ordinance is there's zero consideration around continuity of government I mentioned this at the last meeting it creates an adverse employment action that affects the council standing potentially I think we're putting the B legal risk um so you know for those reasons uh I wish that we could have worked through this in a more uh in a more U uh collaborative way but that does not look like it's going to happen um you know we're going down the same road that we went down in May uh and you know as judge English said um you know we're we're blurring lines and arbitrary andeci and I hate to make those kind of comments but that's what I feel and U I certainly am not supporting uh this ordinance adoption so at this point I guess I'll say let's close this and open it up to public you comments oh I'm sorry okay I'm sorry I thought I thought you said thank you and thank you for your comments and thank you everybody for your comments and I know it's you have better places to be than here to these meetings and to get up to speak is very difficult and I appreciate that you can only imagine what it's like to be up here so as an elected official it is my job to best serve the residents of Bradley Beach and let's face it we have some serious issues impacting our future Municipal Taxes went up 13.2% this year burrow bills are not being paid we have crumbling Century old sewer systems 319 the rain going on uh we had the 2022 audit past Zoe and we're going to right now into the 2024 budget analysis and we're in the process of hiring a CFO so we have a lot going on we're in dire need of a high highly qualified experienced individuals that can all that we can all agree upon to give our residents and taxpayers the best that we all deserve for the burrow Council to have their statutorily established advice and consent stripped from us is just not productive and that my comments thank you thank you Council Council uh so we'll now uh close and U open for public uh comments Public heing public heing yes second that motion was it you or was it you Mr Weber yes mayor Fox yes any comments no comments yes Thomas J Coan 612 3rd Avenue I I think it's uh fantastic that the loophole is is being closed but I just want to take a moment to read something which I thought was very impactful and maybe beneficial in any judicial intervention um I'm going to read from an October 1st uh hiring Meo to mer DeMarco from mayor Fox subject position offer acting business administrator b b beach as you are aware I sought the advice and consent of the council Council on 13th September and unfortunately did not receive it this is an offer to appoint you to the position of acting business administrator this is a 90-day appointment that will be renewed you would be appointed at an annual salary rate of 110,000 vacation benefits will follow through burrow policy and then it goes on to go for this this two-year extension up to 130,000 this was the intent all the time and I I can't wait for judge English to read this because in June he didn't know the backstory of what was going on so now he knows the backstory it's been in the papers it's been embarrassing for everybody um this is supposed to be a collaborative I don't know I I assume corporate people at J&J would work collaborative I guess they don't but U Mr Ken I want to give you this letter because I think you might need it for future judicial intervention thank you very much Mr Mayor thank you anybody else any comments yes hello again 504 Central Avenue Bradley um loopholes are don't belong in laws laws are supposed to be fair and Equitable for everybody so they're applied equitably and fairly across the board loopholes only serve to cause ambiguity and this kind of consternation that's developing in dissension so I don't understand as a legislator and at legislative board why you as mayor would be opposed to wanting to do away with the loophole but you clearly admitted in your own words and it's on videotape and on the record that you in response to councilman Weber's question admitted openly to everybody here that it is in fact and was your intention all of along to exploit that loot Hole by reiterating and renominating every 90 days and that's not the spirit of the law and it's not the only law and ordinance that we have in problem with loopholes in town and we've never had had an issue even though that they may have existed because we've never had a mayor that has tried to exploit them and take advantage of the residence for some reason that I'm sure that when this becomes judicial we will get to the bottom of it because depositions and interrogatories become and discover well that's that's a good one Discovery those things those mechanisms that are built into the law and I can just smell it based on the part of the email that you yourself brought out into the public this evening mayor was the fact that I can smell it and I can see it in in what you were saying that we're going to have another lawsuit because in order to continue on and bring this back into judicial review because if this Council votes against you you clearly just admitted that you're going to open up this this can of worms at our expense financially cuz we are paying for your attorney right still at that point going forward no no no but what about um assembly woman uh the assembly woman who represented you who pids for that we do we pay for that the towns people we Deni that oh that was Deni well that's good that you tried that but that was denight thank God first point U I've never used the term L and you know I would I would ask that um maybe you take a look at how many acting positions are being fill right now at the local County state federal government so it is is a practice I live here and I pay taxes here and what I remember distinctly is that there was a unanimous no confidence vote in regard to this right before this nomination thank you I'm in 302 4th Avenue it's it just goes on and on um from what Jane was saying and this is what I got out of your great words was that there's a lot of tasks that need to be done in this town the taxes going up I forget now was 13 or 16% whatever it is whopping Bill 319 Line Avenue that could people continually complain and wonder about nothing is moving along in the direction for the resident and so that's why the VA position is so important and that's why the best qualified person should be in that position it's a temporary position I don't know if you the word temporary have to look it up in the dictionary I don't know it it means that it's just for a short period of time not an extended period of time temporary the word is acting I'm sorry the word is acting you temporary temp okay you you got you got me on that um in my world acting me it's temporary but that's just I'm just one person I guess um the thing that's just so surprising when everybody was making their comments and statements the council and often the people that are sitting here or standing here um talking to you Mr Mayor is that your head is down and you're in your papers and you're shuffling them and you talked about collaboration before that you didn't want this the agenda you'd rather have a collaborative approach with the council before this went on the agenda how can you be collaborative if during a meeting which is called a council meeting that your head is down and you're still not listening you didn't listen to them when they told you who the best candidate was and you would ask them for advice and consent and you ignored it and that's what the loophole is you don't have to have who they recommended because you knew in the back of your mind that you were going to just have somebody acting for 90 period and you would just renew it so it's just very uh troubling to see your head down shuffling papers when your own Council people are trying to talk during the meeting that all these other people show up for week after week and tonight it was just horrible to watch you do that just thank you yes R Parker 27 Atlantic a may I ask the burrow attorney a question is that proper may I ask you a question you could always ask me a question thank you very much I appreciate that um as as the attorney for the entire mayor and Council are you advising them on this yes and what may I ask what you told them sure so I this is something I can share because the mayor and the council are it's really my job to render an opinion on this more so than represent anybody defend why I'm inv um you know obviously you're fully aware of the prior dispute over the ordinance and that this section was for the judge ordered not to be was ordered not invalid last time if you think of it um in three step the C places this power with the mayor the ordinance that the council passed last time place that power with the council judge deter that that was inappropriate in the fer act the current ordinance that's before the board is in the middle basically just no one has the power U what I advise them is is that this temporary appointment power unlike the last lawsuit that we had is not in the F so I can't give a legal reason or um you know why this this has to be in our or why it's mandatory um you know you can you can just to really two arguments if I leave them out respectfully for ISU I think Al has had a whole dissertation of his point of view um and that's that no one should have the no one should have it um you know first I don't want to speak for the mayor but um he laid out his his point of view as well so I do not speak for anybody um but it's not it's not required by the Fulon the last time there was specific language in the Fon that governed um the provision it issue and this time it's silent um so I can't point to a reason why this would be an invalid ordinance um as the mayor laid out the the spirit of the entire Charter is a a good argument against the ordinance and the the the arguments that Council are good arguments in for the ordinance I can't give you a legal reason why you should or should not do this you're saying it's not a legal the mayor to be do this how the the council has to pass this say so my job isn't to decide whether this is a good idea or not my job is only to tell you if this violate some State Statute you're not allowed to do it the last time I was only 85% right so take what I say Sol right um there's not a legal reason in the fer act why you couldn't repeal the temporary appointment power that I that I can find and I to be candid with the public I've been talking to the mayor's attorney Miss Flynn um and she's laid out a lot of reasons as well a lot of the arguments that basically kind of mirror what was set here so can you explain then why a position like the controller of the state of New Jersey is an acting controller and has not been has not been different has to do Senate confirmation that's similar it's an executive and a legisl so so if we Jing down to the issue from my perspective my job is to you know we pass an ordinance here that was clearly discriminated on some basis of race or sex or gender what have you right that's clearly something that I say you can't do this the Civil Right sa log discrimination does not allow you to do this right that's the most obvious one to this is there's basically 18 sections of the statute that tell this form of government what it can and can't do in the charter and this is just not mentioned in there at all so will you represent the council will you represent the mayor in this I my duty as the bur attorney is to defend the ordinances of The Bu so I don't know if you pay any attention to the last lawsuit but you saw me make legal arguments in defense of the of the of the ordinance anything that was extraneous to that if you I don't know if you really read the court filing they were not okay so they were containing certifications from the council it's not my place to say what's a good idea or a bad idea my job is to argue that the ordinance is valid if that makes sense I don't really represent anyone in that case I my duty as to defend the ordes of the B thank anybody else you Kelly's Ione hi KY Riley 304 Second Avenue um I appreciated how Al started off by saying and asking questions because I think that's the smart thing to do and I think the big question here is how do we find ourselves in this position again and I think we're all looking at this from a very micro aspect as opposed to taking a look back 30,000 feet we have had five borrow administrators in six years that isn't a ridiculous amount of turnover for the size of our borrow so we had a VA from 2017 to 2020 and she had left her position after being harassed out of it from two sitting CLE members when he left that those two Council people retained their positions and one of them is still a council member today then you f for to the second ba who sat in O uh March 2020 to May 2021 in his short time in his position he too was met with a from the governing body and he voluntarily left that position and according to the statement by councilman Weber at one point this was somebody that they really wanted yet he didn't want to be here anymore and for the record he sat under mayor andet um and mayor Fox with councilman vanel gubitosi seith and Weber we now come to our third borrow administrator from July 21 2021 to March of 2023 again another really quick short stint enroll she too had some controversial behaviors pointed at her and she abruptly left again the governing body was mayor Fox councilman benell councilman gzi councilman seith Weber and then the new 2023 Council of DeMarco denoble go State we now we have Mr farach and he was the inum from March 2023 to September 2023 and at the 20 at the September 13th meeting when he was on his way out and we knew that Meredith or there was a new person coming in he spoke about Mr Marco's capability ability and willingness to do this job and his most impactful statement is that she would have the highest probability of success because she is intimately aware of the unique challenges to C bring this VA position he has some other unsavory things to say about the council and the behaviors and I think it's all been well documented but it's a telling tale of where we are so we now have Meredith or Mr Marco as we should be calling her and she is willing to do this job she is able to do this job and she's more than capable to do this job she has the experience I think everyone is losing sight of what she has done in her previous careers and her previous government experience on top of this how much money does it cost to hire somebody the national rate is 1.25 to 1.4 times the base salary every sing if I use the $110,000 base every time we have to hire somebody we are spending an additional 27,000 to $44,000 a year or not a year of time to hire times that by five it's pretty hefty price I think again how do we get here there's a common denominator it is the lack of this Council and all the councils to work together this isn't a mayor situation this is about how people can't come together and work and I'm tired of everyone bringing it down on someone like this DeMarco who has had to endure the mental abuse and anguish that you have all put on her social media I would love for any of you to walk into your jobs every single day knowing that everybody is rooting against you and has things to say and how well you do she shows up with a smile she shows up with the guts and she shows up with her credentials to do the job thank you um okay I have received a um Memo from Gregory farach he would like to present comments regarding this ordinance so I'm going to read that if that okay um this is from Greg farach as a resident of 48 Bradley Boulevard Bradley Beach as all of you might expect I am opposed to ordinance number number 20 23-16 as I was opposed to ordinance number 20 23-4 before I explain why I want to clearly State on the record from before the time I offered to be the interim burrow administrator I have not chosen the side in this community conflict I am only I am on my own side as a professional local government manager burrow property owner and taxpayer I am a stakeholder in this community and I have my own own positions and on individual Community issues period I have worked diligently and listened to all sides of issues for the betterment of this Burrow's government what does this Ordinance do in its Essence the proposed ordinance Amendment removes the ability of the elected chief executive officer to make appointments to keep the government operating when a key officer or staff member who must be appointed with the advice and consent of C Council leaves office a vacancy in such an office can occur as the result of death resignation retirement or removal from office this can occur during comp periods or stormy times such as now exists within the governing body or during a hurricane or nor SP why would I as a resident of this community be oppos to this ordinance there are several reasons which I will attempt to briefly enumerate this action is violative of this m municipality's Charter intent when chosen by the voters of Bradley Beach the current small municipalities form is to have a separately elected chief executive with a point of powers among other executive authorities the charter clearly and unequivocally places the power of appointment and the chief executive officer this is no different than the other option optional Municipal Charter forms such as the council manager form or the mayor council form attempts to take away these appointive Powers clearly violates the charter this ordinance replicates ordinance 20 23-4 of last summer in intent as I previously described these are judge english's words regarding the council's prior attempts control appointments and to change the form of government Bur Council lacks legal justification for its adoption of ordinance number 2023-24 parentheses J of the burrow code this revision enables burrow Council to blur the clear distinctions envisioned by the fauler act the adoption of ordinance the judge was unequivocal in issuing his criticizing Judgment of this Council was Judge english's critical comment regarding council's last attempt to change the charter by ordinance not clear enough to be understood if this ordinance is pass the action of the governing body members voting in the affirmative are inviting no demanding another lawsuit to defend the charter adopted by the voters of Bradley Beach removal of the ability of a chief executive officer to make acting appointments disables the Govern the government from being able to carry out its mandated government governmental Services if the statutory appointing authority is prevented from making acting appointments and the council fails to Grant advice and consent to an appointment there is then no appointment according to the burrow ordinance the positions affected by this condition could then would then be the burrow administrator auditor engineer tax assessor tax collector attorney and bur clerk parentheses section 5-11. A do parentheses 5 all of which are leadership or technical positions without being filled would disable the government in this governmental form the council does not have the appointment powers for the vast majority of positions the only mean by which this Council can gain this Authority is by reverting to the burrow form of government through a charter study commission process but not by means of this ordinance the ability of any Council to Unser appointing authority from the CEO does not exist in the other strong executive forms under the optional Municipal Charter law previously identified likewise it does not exist here let me be clear granting advice and consent is a process to make sure the person or firm being appointed has the ability to perform the duties and responsibility of the position it does not mean that if a majority of the governing body is of the belief that someone else would be better in the position of the governing body sorry Mr it's not you I just put the rest the need to close the sorry Hi McGuire 610 Bley AB um this topic has come up several times in meetings already and many people have been here and it's been pretty much a one-sided conversation for many meetings a great example of how democracy really works and I want to urge the council to adopt this because you you've listened to the people in these several meetings so Bravo because when there's a loophole in the law legislation happens properly when they fix our laws so that people don't take advantage of so thank you yes please Lind duck 312 this is not about you marit at all this is about the way things came down you were approach or you approached about getting that job way before that lawsuit I assume and made no attempt to put you in that position at that time and I don't know why so all the things that transpired Le a bad taste in a lot of people's mouths but the problem is you need a ba and I hope you can fill the job but you do not have the credentials you don't okay and to be starting at $110,000 with no experience apprciate your comments my is not is not appropriate for the job thank you thank you okay um we will now um e e you had your hand up no okay all right anybody else okay do you want to make a motion to close we're going to close the public session I'd like to make a motion to close the public session second okay and adopt Ordinance 20236 do I have a second second Mr Noble yes Mr gboi um I want to say that uh I'm just disappointed with Mr brar's comments she's certainly entitled his opinion if time permitted I could go almost item by item and and challenge him I I think there were a lot of in accuracies there most importantly his opening comment about he's not on either side is just clearly disingenuous um but that being said I will vote Yes M Mahoney yes Mr Weber yes mayor Fox uh no and for obious re something to disseration okay uh let's move to number 10 which is Communications uh there's a shade Tre commission appointment apprciate that now quiet please uh we have resolutions consent and individual uh consent agenda has seven items on it 2023 276 approval of lean Redemption uh perform of Main Street amount of $578 2023 277 approval of lean Redemption 45 Second Avenue in the amount of $1 17719 uh 2023 278 approval Le Redemption 415 the amount of 51898 46 2023 279 approval of on premises 50 cash license on premises gift basket auction raffle Li for 2024 waiver of Municipal raffle license fees for uh gra hpta 2023 280 approval of clean ocean action to conduct the anual spring and fall sleeps for 2024 23 281 authorizing appointment special Class 2 Law Enforcement Officers attending the 57 class of the County Police Academy January in 2023 22 appointment of land's board CL member counil woman make a motion to approve the consent okay you want to tell me I can yeah3 281 g g TR oh yeah I you know what I'm sorry I it was fixed it was reposted I forgot to send it to all of you sorry all good okay the second uh John that was your yes okay um Mr Noble yes Mr yes M Mahoney yes Mr Weber yes mayor Fox yes okay uh individual um individual ordinances we have I'm sorry resolution uh first one is 2 3 283 authorizing budget appropriation transfers for December 2 2023 make a motion to approve 20232 M yes Mr yes M Mahony yes Mr Weber yes mayor Fox yes uh Bill list for December 6 2023 make a motion to approve the bill list3 to sorry Sor what about May and Bell so you have a question on 2023 284 well do we have we discuss that yeah I my request was that go theill actually reflects the time that she could you say first quarter or something like that I ask reflect that that's uh Mr Noble yes Mr guzi yes M Mahoney yes Mr Weber mayor yes 2023 285 resolution canceling a certain funded appropriation balance as previously adopted by the B Bradley Beast General capital projects in the amount of 31482 65 make a motion to approve 2023 285 Mr Noble yes Mr one comment I want to make here is uh uh somebody I presume it was led by our acting VA Mr Marco that somebody went back to at least 2008 199 yeah so people have gone back I'm sure Mr Marco is appropriate toit as long with with the HFA and many different it's all team workk here okay thank you just want to make sure uh people appreciate that not only is this $314,000 of a of a correction and bringing you know our accounting up up to speed but apparently it took 25 years to get this done so my appreciation to you Mr Marl the folks who work with you and I vote Yes okay M Mahone yes yes Mr Weber yes mayor yesing 2023 heard that word a long time 2023 287 approval The Shore Athletic Club to conduct her annual polar bear race on Saturday December 30th 2022 so pass R I guess they're going to swim by 2023 six resolution mending fire permission granted to Bradley Beach Fire Department AKA United engine and truck company to erect an electronic sign upon real property located 905 known more specifically as blot 32 lot 14 thank you for getting that because Mr nap would have kicked me in the ankle if I um so have a second for 202 Mr Noble yes Mr yes M Mahone yes Mr Weber fire department came in here and made this presentation when they were done I was like great don't we have to do something don't we have to approve it everybody said no and here we are approving it I vote Yes mayor Fox yes 2023 287 approval sh FL Club at Fuller bear stated so second to that Mr Noble yes Mr Erica my question on this and probably is a question I have for most events this uh the polar Aras in this instance they submit a a permit right and they say an application correct an application okay so they don't actually complete the there's like a permanent request form that says are foral resources needed part of the application oh it's part of the appli part of the application okay so and and in that they they indicated no foral resources I checked with them twice thank you I you're very good thank you you're welcome I will vote Yes thank you m Mahoney yes Mr Weber yes may Fox yes 2023 288 approval of 2024 Scot agreement with the county motion to approve 20238 mrble yes Mr yes m m yes Mr Weber yes may yes 2023 289 approval Workshop report out Council business meeting days for calendar year 2024 motion um so what what this is all about ladies and gentlemen is setting out our calendar for next year and U and and I applaud the mayor for you know trying to do something a little different trying to be creative uh he did bounce this idea off me uh a week or so ago and the idea is to have one uh business meeting um you know a month thank you and but have two meetings one be a business meeting and one be like a workshop meeting workshop and Report out workshop and Report out and um so at a minimum uh it has been brought to my attention that um this is not aligned with our ordinances our this is require two meetings not only uh General meetings IE business meetings but U they actually require two meetings per month for all 12 months which uh we we just as a practice usually have three months it's August I believe as well as November and December um so before I'm personally going to be able to uh approve any kind of change in this you know I'm going to have to understand I'm not going to vote against our law the says what it says unless somebody Mr Kon or others can convince me um that is going to be a concern I have because there is a reality as evidence by the time and we're still going strong tonight there's a reality that we typically need a lot of time usually two meetings a month for the council U and they're long they're long so to understand how we can consolidate into one is just a practical challenge as as well as the concern I have about the U ordinances themselves so um just tipping my hand but right now I'm not feeling support for this particular what kind of changes would you need out to is it is it the fact that there's a series of Workshop meetings where we can't actually conduct business yes that part okay well I think what we said was if there is a business requirement in a month that doesn't fall on that second meeting we needed first meeting conduct that piece of business so we're not trying to handcuff ourselves if we can't do anything we would hope that that wouldn't be the case but we did check with the business entities the payables ETC and said this is a workable scenario and they believe it is so Mr Mayor are you saying that um we could we could conduct business on these meetings that are listed as Workshop report out meetings if we felt we needed to okay is that how well could we got workshops and and what schedule as a business I would suggest we don't only because if we're going to devote a meeting to workshops I mean we could see if there if there's a requirement for it but I would hope that we could accomplish that in in the one month because you're going to have X amount of hours to spend two or three Workshop items and I'll leave to give you an example on uh like business that would have to be conducted say let's take June for an example with liquor licenses so you have to have those approved by a certain date and I have to like report to the state okay resolutions passed they're good to go um usually I would say two meetings is sufficient to get all of our liquor licenses the resolutions pass so let's say I had a couple of them that I needed to use the workshop meeting to pass a couple of those resolutions we could do that yeah the other thing is I mean that's just an example I mean you know it is is clearly we aw a lot of time in business meting and to cut the time in half there's a disconnect in my mind trying to absorb how we how we I mean if we could consolidate all this time into one meeting then why the heck haven't we done that already all because we' got workshops in this meeting as one point I think you see how quickly we go through resolutions very quickly uh and then this year we've had 16 17 ordinances so I think but we have res we have you know 6 8 10 12 resolutions every council meeting twice a month so are you going to get 24 into that one or we well I'm saying that the majority of them though I think would fall under consent um I mean there there there are some months of course where the resolutions are a little heavier as we all know but if you notice with the consent agenda that's where you're going to put a lot of your routine resolutions like your tax things um I understand that it's the more the individual res that again okay we get presented six or eight a meeting so are we going to get double that in one meeting or or I don't know we push them all into the following that would depend on all of you that's not I would suggest we don't push them into the next meeting I I suggest but if you look at our resolution the time we just SP on resolution which I can't find it was quick it was quick and I think if we're efficient and effective with our resolutions U you know we got through those in a matter of 10 or 15 minutes my my my one other concern would just be uh our process especially for introducing uh ordinances is introduce an ordinance wait two weeks to the next meeting adopt an ordinance and hopefully it's an ordinance that we all agree on it's not even a controversial one that would instead of spanning two weeks that would span a month so I mean you know will lose that productivity I mean again I guess I I don't ful appreciate the value of the workshops displacing council meeting time business meeting time on the other hand I'd love to have our um a schedule devoted maybe half of a council meeting if we needed it to have our department heads present periodically or Mr Mayor any other that would be in that set meeting with workshops and right PS I'm saying I'd like it to be a part of a business meeting and just if we can accelerate the business part of our meetings why not do that and remain consistent with our rather than change in ordinance I think we got to change ordinance I think I not recommend to change our ordinance out the gate I would say we try this for a period and we can work through motions just saying we're going to motion to do this meeting this way for the first three months of the year and see if it work it might not work and if it doesn't work then we don't have to change back the ordinance because changing ordinance as you all know is a tedious process I think we can work around I'm sorry how how would that work with int introducing an ordinance Larry I'm I'm a little confused on that Workshop a potential ordinance the next meeting you Comm in with a introduction okay the following business meeting you come in with a adoption so you lose a couple weeks take two months to you lose two weeks effective yeah because if if you didn't do it the of the the first meeting of mon so you no no no I'm saying if you had a workshop meeting and you did a ordinance right I mean I'm sorry you a workshop meetings to discuss an ordinance right you get that locked down okay you come back into uh we do now right the next business meeting would be the introduction right Workshop meeting and then the next business meeting will be the adoption right you lose I'm saying you lose two weeks okay as long as there's like no like whatw you know you have to have ordinance adopted even a certain amount of time after introduction you know that's again that's your call I just have one question um there's two time changes 7.m for March and because I believe I believe I would still have the list of all all 14 items on the agenda we motion appro okay so other words you would motion to okay personally I feel this goes against our ordinance and um we're looking at hours and hours with these meetings and we're not getting done I go to other towns it's less than an hour I don't know what we're doing wrong but anyway um I would suggest that we do two business meetings and maybe the first one you have a workshop report out slash business meeting I'd also like to suggest that we have two meetings in August we only have one in November and December scheduled two meetings in all those months if we don't need it we can cancel it but I think we should follow our ordinance and have two meetings a month I also want to suggest um or let people know the reor meeting will not be on January 1st this year it's scheduled for January 10th so do not come here on January 1 I know our clerk is having a mini heart attack based on M denoble just said but I at least my intent would be to have those on a calendar but to continue to cancel them to be one unless there was some pressing me for the burrow um because I know how critical it is Erica For You especially November December time frame to so if I may explain that is it okay so if I may explain this to everybody so this is not because I just want one meeting a month November and December for a clerk he's right that could give me a mini heart attack okay November is crazy because of the election and because of the league of municipalities which sometimes I don't and sometimes I don't but mainly the election given the length of time that these meetings have been running for the last year these minutes take me forever they're being done on my own time to which I do not get compensated for I just want to be honest to throw it out there at you all um December we have the rfps I have to get that all straightened out everybody's got to make their decision on who they want for the following year that's timec consuming throw in two Council meetings during that month and you are talking total chaos on me and my department so I just wanted all of you to know and hopefully maybe you can appreciate or understand you know and the this we've had one meeting in November or December in this town I can't tell you how many years pretty much since I started here in 2017 and it goes before that you know that's all I want to say thank you thank you so yeah I would say um I agree with Council denov that we should have two meetings in August there's no reason to change that part made a really good case for just one meeting in November December but um for August other than the fact that it's August you know um and I would like to adopt this I think it's worth giving this a try but I would like to make the change that we add I'll get for as I guess that would maybe be a workshop meeting um is that a friendly Amendment Mr Mayor um I can live with it um I can live with it but okay so I think August not having one meeting um gives some people some summer relief the middle of the summer and it hasn't been problematic it wasn't problematic this year so we can cancel we can always cancel it that's exact yeah um so I think you know just keeps us a little more in line with the ordinance there so I I'm will to give this a dve with we August 14th to the workshop report after okay motion to make that change so I for resolution 2023-24 with the change that August 14th be added to the workshop report meetings list Mr Noble I still feel we need two business meetings um a month so I I just can't support this without having business meetings twice a month so I'm just going to have to vote no well I I do I'm sorry you haven't asked my opinion Mr kind of jump the gun I um I I do like the idea of incorporating the the feedback sessions report out thank you the report outs um but I but I don't like the idea of announcing to the public that we're having one business meeting I I know we can be flexible personally I'd rather call them two business meetings which is consistent with our coordinates and then just have our Administration the mayor clerk managed this the second business meeting to include report outs so uh given that this is blatantly disregarding the current ordinance and I think we could accomplish the same goal if we just included report outs in a second business meeting you know I'm going to vote now M Mone if we just use the name why why can't we just call it a business meeting and do the workshop and the report outs like that and then we would satisfy the ordinance we said that we would if there was a business a need for a business meeting item we would incorpor may I uh suggest that we just write Workshop slash report out business business meeting yeah like within the agenda you mean yes and then we be satisfying the ordinance that that that satisf we're keeping we're keeping our business meetings the same and what we're putting is Workshop SL report out under number number five yes yeah so basically that's all we're going to change and we're adding the meeting in ating right the meeting in a and I'm not even going to ask what happens if we want a workshop or a report out in the first meeting that'll [Music] be okay so I I go thank you Mr Weber on second thought yes mayor Fox ER should we okay all right so we're we're going to do a revote everybody okay with those new changes with new changes okay we got this Mr Noble yes Mr gzi yes M Mahone yes Mr Weber yes may Fox okay everybody 23290 authorizing a shared service with motion to Prov Chief Financial Officer service local okay go ahead John Mr Noble yes Mr I don't uh I don't know how much our residents know about this but um the mayor and Mr bar and and M Mark worked really hard to hopefully construct a shared service agreement say hopefully because not only does our Council have to vote on this but ocean townships Council has to approve this but at least from where we stand we the burough of Bradley Beach are in pretty dire need of a strong CFO as the mayor mentioned earlier the current CFO relationship has to be terminated at the end of this year and we did interview what we believe to be is a very strong candidate who currently works for Ocean Township but is at least entertaining doing a shared service agreement where we would get a portion of his time for for a fee so U we're very impressed by the candidate we're very hopeful that this will work out with Ocean Township as well and I vote Yes um M money yes Mr Weber yes mayor Fox yes um 2023 291 a resolution direct administrator and bur attorney to provide report pending claims and litigations involving the burrow on a monthly basis I'd like to make a motion that we pass 2023 D 291 Mr Noble yes Mr Weber I mean uh toy yes getting late M Mahoney yes Mr Weber yes mayor Fox uh I'm going to vote no and not that we aren't going to provide this information I just I had said in our agenda meeting that um this is a request that was made we already fulfilled the request uh right out of the gate it just to me it cast an dispersion that we're not going to provide data that were being directed to provide dat we were asked to provide data and didn't people wanted to see that we did it um I don't know if you published that report yet but as the data came out we're going to send out so okay we we got a yeah so uh 2023 292 resolution requesting the mayor establish protocols procedures for issuance of violations to the B complaints to agencies of the municipal municipality to the this was my idea and I touched on it before a lot of times people say to me I had a complaint uh and the person went and told the the person I had the complaint against that I called that I a neighbor was contacted um contacted and people were don't like that they they like their privacy and I think just to keep it really private and safe because a lot of times when you have controversy with neighbors people are crazy these days so why even put it out there that a neighbor might have called about an issue whether it's of someone putting too much imperious space in their backyard or they're loud or whatever it is all we have to say just how some kind of protocol some procedure where they go and just say you're just violating an ordinance and we're requesting that you turn down your music or do you have a permit for what you're doing not that hey a neighbor called and I know nobody wants to be a bad guy but nobody wants a neighbor to be mad at them either and that's why I I I suggest that we go ahead and we approve this so I would like to make a motion that we approve 2023-24 do I have a second okay Mr Noble yes Mr gzi yeah and again I I need to say one quick thing and that is that U each member of the council has been aware over over past few months past few years in my case of residents telling me hey somebody disclosed that I was the one who made a complaint um I don't think this is a a very common practice but I I do think on occasion you know there is a slip if you will of of whoever's trying to enforce an ordinance saying hey Your Neighbor Next Door do this I think it happens rarely um but my understanding is we don't have a formal policy and this is really advocating you know making a law that says we should have a formal policy and then and then proceed with it so uh I will vote Yes Miss Mone um yes I think that anyone who's enforcing um these ordinances should be able to cite the ordinances that they are enforcing I've been neighb right now who won't talk to me because I reported that she had two cars that weren't working outside of her house and I believe someone said someone from the council reported you only because my neighbors asked me to so now I have a neighbor who will not speak to me so be nice people could just enforcement people could just say you have two cars that haven't moved in a year and you need to move them but anyway so I vote Yes inly Mr W I'm also voting yes but I want to say this is going to require some followup so I would be happy to work with you uh counil president Noble and get that policy actually written and and implemented thank you counc mayor well I'm going to vote no because the resolution requests to high establish protocols and procedures so I'll vote no uh okay somebody else wants to do it that's fine okay uh we have no um announcements I don't believe so let's go mayor and Council reports uh first I hope everyone had a wonderful Thanksgiving holiday we had a lot to be thankful for in Bradley Beach uh the Friday post Thanksgiving bonfire went pretty well uh great fun the tree lighting um holiday celebration we were able to hold back last Saturday it was a very successful event for residents this Saturday the third night of Hanukkah there'll be a nice carbing and theora lighting that will take place at rley Park please join the ceremonies 5:45 start potato L donuts and fun we continue to have thoughts and prayers for uh Israel's um the hostages and the situation there we hope that that gets resolved um we had an important annual ceremony since our last council meeting which was uh our Veterans Day uh ceremony at Riley Park and it was um we had an honor Captain uh David Broadband thanks to those who attended that and thanks to all the veterans who uh have served uh on behalf of Brad Beach donation uh on the infrastructure front uh we've got the Lake Terrace Park Renovations going uh we're in the process of addressing some flow issues at silen Lake and hopefully that'll get resolved uh very quickly I think we've got a a path forward uh we're completing F final uh remediation WIP down and disinfectants in bii uh going to the library um I'll try to go fast here there's a lot they're doing went to readings back read books December February 28th for a chance to ENT prizes check the website uh Tuesday um at this is actually something that occurred uh yesterday but getting out of your comfort zone we had a world traveler uh CH perform come in and discuss how to expanded travel opportunities get out of your comfort zone this Thursday uh actually the next few Thursdays December 7 1421 it's Box Tops for Education information session we're going to help the PTA by participating in box to for Education it's on the website please tried to participate and last Wednesday December 13th 700 p.m. uh how money work seminar seminar is for anyone who wants to learn more about personal finance about saving long-term short-term goals uh paying off debt protecting and financial assets Recreation uh seniors held their holiday lunch today at uba uh 33 mostly seniors attended uh the two plus hour lunch um the committee did a great job organizing andu displ uh Recreation had a very exciting and busy Sunday morning this past Sunday morning they had your first breakfast with Santa event 65 people came and enjoyed goodies crafts and Santa uh we're having a winter onee land dance on Friday December 15th from 4:30 to 5:30 for grades pre through 4 at 6:00 p.m. to 8:00 P.M oh I'm sorry at 4 at 6 I'm sorry up to 6 and then 8:00 p.m. it's the uh 58 messed up uh holiday Veterans Drive is going to close out on the 15th we're trying to donate items uh and we're going to donate those to the Veterans Memorial Home in memal park uh encourage you you can go to Murray's they're tuned in you can buy a t-shirt for 350 and donate it to the to the cause and you can there's uh you can drop those things off direct also um December 15th we have the mar uh this class is six weeks long it'll be held every Friday starting January 12th that's something we've been trying to get off the ground and maybe this time it'll happen December 22nd Rec sen will be hosting a last minute rapping party if you need help with wrapping please come over to the right and uh the walking gr that they started as meeting every Thursday at 1: pm. at the 5th Avo hope to see everybody there uh I did not get a fire first a report so I'll have to into the minut and Mone yeah um okay so Bo meeting um 116 Cliff Avenue variances for a single family dwelling on an undersized lot an applicant proposed to remove the existing two two story single family dwelling and construct a new to an half story dwelling on this undersized lot variances were requested for front side and rear yard setbacks building coverage impervious coverage parking and number of Stories the application was denied by the board in a three to three vote 104th Avenue variant for front yard setback to propos to propos enclosed porch to be utilized as a living space and propos new covered porch uh the appli proposed to convert the existing covered porch to a fin room and construct a new coverage for covered porch along fourth a Avenue um it was two variances requested the application was approved and a unanimous vote of the land use Bo and I think it's going to be a really nice uh porch and streets ke I went to the Sho for Thanksgiving and the police were there and OEM and the council and EMS and very lovely fire and I went to the tree lighting and had a lovely time and we drank hot chocolate and ate too many cookies and it was lovely there and everyone from the police and fire and EMS and O was there too so it was lovely and I hope everyone has a merry a happy and a healthy qua Christmas Hanukkah F and we'll see you all soon sure uh thanks I also want to thank Rabbi kman because it was really the post Thanksgiving dinner but it was really great at the temp on the cave and uh yeah it was really a town thing with all the First Responders and the police and the entire Council was there which was actually pretty cool um so thanks for that it's late I went to League of municipalities I'll tell you about it next month um I still want to get rid of curbside pick up on plastic film we'll tell about that next month we're still working on energy aggregation I'll tell you about that next month uh I went to a regional shade tree Gathering I'll tell you about that next month and uh shade tree commission meets tomorrow but I bet Jane's going to tell you about it anyway so that's not important that's it thank you Council thank you sir um what can't say thank you sir any quicker than that she meant your report I understand oh my God I know a u i have a police report for everyone I'll try to read this very fast a subject was arrested for driving well intoxicated after striking two Park cars on Main Street all vehicles suffered significant damage and the suspect was treated for minor injuries at the hospital another subject was arrested for driving while intoxicated after he was witnessed striking a street sign then leaving the scene patrols immediately located and stopped him a few blocks from the incident a local subject was arrested for failing to re-register under Megan's Law a local Resident was charged with false public alarm after she pulled the fire alarm at her apartment complex when there was no fire nor emergency the police department would like to remind all residents to be V Vigilant during the upcoming holiday season please remember to lock your vehicles and never leave them running and unattended make also make sure to remove all valuables from your car and never leave purses or gifts in plain view report any package thefts or suspicious incidents immediately to the police department and be aware of your surroundings while shopping and utilizing local businesses uh I want to thank detective Lieutenant Terry Browning for that report and I also want to thank uh Rabbi Mor Colman for the invite to the the temple um I'm just echoing what other said but it was great having uh not only the council there but all of our many of our First Responders right represented and it was a very uh lovely evening uh sponsored by the rabbi um finally I just want to wish everyone a very wonderful holiday season very safe holidays safe travel and hopefully we will see you all next year thank you council president thank you I would like I I'm going to make it as fast as possible but I have something very important I have to do first that I would like to make a motion um that we send correspondents to Governor Murphy as well as our state Senate and assembly Representatives Vin goal Maggie donin and Lan peterp and let them know the adverse effects that bill s3605 will have on overdevelopment in the state and specifically Bradley Beach and the other Shore towns we already have a severe parking deficit and this bill will worsen this condition the current residential site standard were designated and time tested by engineers and have worked properly in brown Beach a proposed 50% reduction in required parking for new developments will have a devastating effect on the quality of our life here in our wonderful Community Bradley Beach must be protected from this legislation and our elected State officials must know we object to Bill s3605 I think we should also contact and notify other Mammoth County Shore communities of our action do I have a second Noble yes Mr Ki well and just to be clear for the Public's benefit in Bradley Beach by understanding SC would uh our our recist standards for parking would be cut in half basically yes 50% reduction so uh what that means to everybody is if you're building a you know 30 apartment building like you had a 301 man give or take 30 apartments and if the requirements for that building would be let's say rounded to 60 parking spaces it that same building with that same activity and same number of residents living there would only be required to provide 30 parking spaces as opposed to the 60 today so basically my understanding I'm not at all an but I did read through this uh my understanding is for Bradley Beach and for other Shore communities that are within like two TS of a mile of U Mass Transit would have these standards reduced and uh and that would only serve to create greater congestion greater parking and challenges So based on my understanding of that U I vote Yes that we should communicate our concerns to our our uh legislative leaders do you do you second this she made made motion okay and I'll vote the same way when yes okay so you made the motion Council actually I thought request wasal okay so gu Council yes Miss Mahoney yes Mr Weber yes but I would say that the two assembly folks elect that you mentioned they're not our assembly people so there's two different sitting assembly people so they're the ones to contact okay thank you until January 23rd so with that mayor so clarifying question so we are voting to have someone write this just a resolution a resolution get on correct got can that one okay thank you um mayor fo thank you okay we'll move now I'm sorning but I'll be quick okay yes councilman Weber and I attended the New Jersey League of municipality conference and uh we got some new insights that enable us to more efficiently operate the bureau and um some State credits as well and then with tourism they had the the tree lighting on December 2nd it was a great success they had over 300 visitors the tourism Commission provided live music as well as a for drawn carriage rides around the park the girl the Girl Scout Troop 2 902 of neon city was there for the third year in the RO row and they handed out hot chocolate cookies and jingle bells for the kids they also collected over 100 pairs of socks that will be donated to a local charity the tourism commission would like to specifically thank Michelle Willie who made sure everything ran smoothly the day of as well as the recreation DPW fire first aid and police department for their help in creating a successful fun and organized event shade tree has a meeting tomorrow at 7:00 p.m. the tree of the month is a Norway spruce it's uh Dennis Meyer's house at 312 Second Avenue I I definitely recommend scrolling by and taking a look at that beauty also the Bradley Beach Board event had a meeting that I attended on November 21st congratulations to Liza Flynn Noah Weinberg and Rosanne Kusa Walker as they were elected to the board of ed also oh the um boys girls and soccer teams were awarded um I don't know a certificate of of appreciation and all the children attended they got up on the stage it was wonderful and they they the coaches said they work together they didn't have a great year but they improved and they had fun and that's what counts and the board also approved a new club for the third and fourth graders it starts in December it was funded from the beyond the school day Grant uh they're going to have three clubs sport an activities Club arts and crafts club and also a Lego Club they're looking to do a Lego drive so if you have some save them and I also would like to thank um Rabbi Mory kelman and the congregation of Auda aim for getting us together and having a wonderful meal with the the the fire the police um OEM was there and the council it was a wonderful event and we have a wonderful town and I want to thank again for everybody being here everybody tuning in um it's a beautiful place to be and we're so blessed and I want to wish everyone a very merry Christmas happy Hanukkah happy Quanza ptiv us for the rest of us and a happy and very healthy New Year and girls basketball is undefeated oh okay this is amazing wow that's great stuff thank you guys okay uh we now have uh public comments limit single instance particip any public comments yes hello good evening ke4 Central Avenue Beach um as you know we live in a very small town one sare mile neighbors talk rumors fly um here seeking clarification what the current status is of our chief please mayor uh that's a personal matter that um we do not discuss until it is resolved so there is a personal matter there is a personal matter correct is the chief currently working I the public has a right to know that we can currently paid administrative leave and we will provide no further information on personal and I appreciate that my issue here is that that statement that was just given by Mr Cannon so Grace gracefully was something that should have come from this legisl body in order to get ahead of the situation so that rumors didn't fly and that the stories weren't getting distorted and I'd like to know why the statement that Mr Cannon was just able to give now on the record was not able to be issued weeks ago mayor well we chose not to who chose we really don't want to comment on personal matters this is a personal matter and you're the strong mayor could you please explain to me why I'm not asking you for anything about I'm not asking you about the employee I'm asking about as a resident and a community why the statement that was issued right here right now was not able to be released in a proper time frame in an appropriate manner in a professional way that's your opinion I appreciate your opinion okay I'd like to know was the mayor as the mayor did you make the council aware of the situation was it a unilateral decision by or was it the council the council was made so the council agreed not to with to disclose the information that Mr Canon just gave to the community I'm sorry yeah we were asked not to disclose we did not agree or disagree just to be fair if there's you know regardless of who it is it's not like we tell everybody whenever there's a Personnel matter you know this that's not what the do it's not a Personnel matter it's our chief of police we pay a salary and if there's a different if there's a secretary and the same thing happened there put on administrative Le it's not we come out here and just to be the same way across the board under the circumstances of the situation the council should have done the right thing and I have to let you know it is my opinion to let you know that I'm disappointed in each and every one of you that you didn't say what was apparently allowed to be said tonight by Mr cannon on the record that information nothing more needed to be said than what Mr Canon just said nothing more a simple statement we deserve that and it this is the kind of thing that breeds discontent rumors false information to be spread and had it been just put on the table because it's it's a lot different than having an administrative position someone in the background who is not a public prominent f who has a very very powerful role in this community to not be addressed to the public in the way that Mr Cannon just so eloquently and simply put it we deserve that and I just wanted to be on the record that I'm disappointed with each and every one of you that that information had to be relayed through Mr Cannon and you had the opportunity amongst yourselves to discuss it and to make a decision about whether or not to make that statement and for whatever reason reason you guys chose not to and it's just it's it's not a good look we did not have that decision we could not make that decision we were told not to but Mr C just did I'm not law I'm lawyer but what why were why were you allowed to just say what you just said but the mayor wasn't allowed and the council wasn't allowed to make the statement that you just made because I'm a trained expert in what can be said and what can't be said with other respect were very intelligent they're all duly elected but they're they're not lawyers they're not practicing lawyers and so the general rule is when we have a person on there like this the lawyers tell them not to say anything and they they usually listen to us did they seek your counsel and and seek to ask whether or not it was something what you just said could have been released or is this the first time that this conversation is going on where so just like I told the lady before I can't tell you what I talk about with my clients but I can tell you that you know I understand your FR I'm not angry I'm disappointed I'm very disappointed disappoint but to you to give I'm look we told them not the same so at the end of the day if you want to get get mad at the lawyers or be disappointed the lawyers but you know they're trying to protect the burrow saying something could be far worse than having you angry at with so that's there was I can someone tell me who controls the social media posts for the first aid in the fire department the public Facebook page for the first a in the fire department can anybody tell me who um is in charge with in those um departments if there's anybody here that would know that information or who could tell me that information because in context to what Mr Cannon just acknowledged to be true there was a post yesterday that was made on both Department first a and fire and it was clearly a quote of both departments making a statement and I have screenshots of it and it was by a self-described quote unquote Wizard and The Wizard in context to hearing that the chief is currently on administrative leave blatantly could be perceived by any member of either of those departments as a threat that loyalty I I'll actually read it to you I'd like to read because I think this is important to get on the record Miss c yeah did you want maybe you want to send that to me because you're almost at five minutes it's it's very short it's just one sentence it's one sentence the statement says the wizard has spoken trust is earned respect is given and loyalty is demonstrated betray aone of any one of those is to lose all three I stand Here speaking as someone who once was on the Bradley Beach first gate Squad and I appreciate my fir firemen my first aid and my police officers and they show up for me and my family and my neighbors when there's a problem and they're in a position where clearly that if you were an an officer in either of those departments that statement neither that statement had nothing to do with fire or first aidid and it was made simultaneously the timing of that post was made at the same time so it was a coordinated and directed effort and if I was sitting as an officer on either of those departments and I read that given what's going on in context to the chief being on leave I would perceive that to be a veil threat and I'd like that to be on the record okay thank you I'm not done my bell hasn't wrong I unfortunately oh broken all right sorry I made my have a question um 218 um I know the pantry I've volunteered the pantry so I know that they've been continually looking for alternative spaces and whatnot and I know the discussion came out about the the possibility of the perhaps Greenhouse being perhaps used or whatnot and my question is is would that indeed actually be something that's viable or wouldn't that be a conflict for us being that that's our Township property and isn't that Green Acres that aren't we trying to do something perhaps would prefer that to be a dog park or something of that nature as opposed to you know I wouldn't think we could give it to someone I mean I understand that the the the parents is now their own 501c so to me that'd be like giv it to a business so I'm just wondering you know where that stands the Pantry's looking at a lot of options they've approached us on a couple of things right just looking at those things so we don't really have strong answers on any okay so perhaps maybe next year you guys can you know kind of look at that space again for perhaps more green space or something for folks that you know builds or whatnot that would be great I love your idea that ties right into Recreation that dog part so thank you uh I just wanted to thank DPW on their uh hard work for setting up the veterans St ceremonies as well as the uh tree lighting and I also want to thank the chief qu and the police department for securing Riley Park and uh keeping all the residents uh pretty much safe I mean with everything that's going on uh in other towns you know with the protests and everything else I think they're doing a fastic job [Music] the oce par Condominiums I took a half day I don't have to be until 10:30 so I can I don't have to push to the next meeting um like where to begin I'm going to begin with this left the last meeting I was told at two minutes two hours and 10 minutes into the meeting the be bades would be sold Monday after Thanksgiving that was also published in the coard I went they weren't just an example as to why I get exasperated with whoever it is that runs for aart then though the nice thing was when I went back this week I did get my badge and as I turned around to leave I noticed that code seems to be moved into that building again like the old days I was so Ed is really where they belong out of the senior center however the exterior window was framed with distasteful tape and I'm appalled that who's ever running burrow Hall would allow such a thing um it doesn't say much about our town it's not a good impression to visitors let alone anybody who might choose to conduct business with us I will also say that the person who I did engage a conversation with was not overly warm and fuzzy and I left they very confused um because we don't have a portal anymore so I could not get my information that I requested out of the portal and I've never done it over in my life I'm getting too old to learn new things um imagine my shock you know the FBI has made it clear don't open emails unless you know who the sender is so I know who sends me emails and barely look and I got one that said administrative business I don't know what Tom di or Harry that could be I hesitated to open it belone and behold it was a communication from burrow Hall that had a first name of the sender as a closing no last name no street address and the closing no burrow you know Town state ZIP code phone facts nothing again exasperation for what goes on at B Hall when I've had people here send me emails with their initials and you know that why you're getting it especially since I expected a letter and not an email um I'd like to remind you that I'm really begging you to legislate that website I know it sounds ridiculous there's so many better things to do but it's not a propaganda tool where we post newsletters and gee everything's wonderful and fluffy okay this and that I worked somewhere where there were seven people put on administrative leave that was up and running and in the press and in the papers within 24 hours that newsletter is not just gee life is great and we love um you know all of these accomplishments and some might argue with so also I would legislate that the council members have their opportunity to make their own writings on that website I also would like to remind everyone that I don't know the purpose of workshops we had one about a different form of government at at the time I'd like to remind everyone Miss DeMarco was on the council she suggested we have an expert come in and explain this all to us now she's been in the position for two months and lose all that time before that we've done nothing and may I say that your and that's and that's the business administrator's issue that we've done nothing that's the business administrator's issue that's what you're trying to for I'm just I said we meaning you not even me no you made an difference you made an i okay you're using my time ER one more time I would also like to point out that I appreciate your steps to try to wiggle around the ordinance of the meeting schedule however your ordinance also requires your reorganization meeting to be the first week in January January 10th it is not now it does your ordinance doesn't say the First full seven days of a week the Cal it's not specific there's new legislation that uh Mr Canon that advised us of that would require us to actually push it into labor January that's Thank you new state or no uh the law was passed in July that changes if there's elections in a nonpartisan Sal Municipal elections in November then their their terms of office be January 15 okay so would it not make sense to change our ordinance so we're going to have to change your ordinance because it doesn't doesn't comply with the new law so that came out in Janu in July would it not make s that we would maybe gotten to it by now or why would I have why would I have to why would I have why would I have to not my job thank you um i' just like to make a comment that our administrative staff in the office is doing a great job for us and cont maybe some other coms a good job for J it is each badge season so they're very busy I think two days AG about $4,000 business juggling I do appreciate all the hard work we have one of I just want to say one thing just one thing that when we hear people in the public be disrespectful to anybody in the coun or any one of us I wish there would be some type of reprimand or some type of something to stop it it's embarrassing and it does not reflect well on our town and the residents you have a you give a Spiel mayor you give a a dissertation at everyone the beginning of every one meeting every at every meeting two times today we heard residents be disrespectful to a council person and nothing was done about it it's wrong but we can have differ of opinion but we still have to be respectful to one another and calling names and being disrespectful is terrible and it's a terrible reflection on us and we should not permit it in this Hall agree well please do something about it when you hear it oh God I'm sorry no it's I'm sorry I just feel as though there's got to be some form of leadership about having people be respectful to one another and no one needs to be called an  at any time thank you any other points questions okay we will no there's no one on think we're not done yet 107e not over they just shut off the zoom the meeting continues the meeting continues turn all right we'll just take a why don't we take a 3 minute recess 5 minute recess can we get the zoom going back [Music] minut work what yeah it does just very low very fashion I like that I have it no way yeah I don't want to get here in the that one in the butt I would rather be honest than here [Music] all town has the chair must be like 40 years old yeah they're comfortable so there those like there's like those Office Des chairs but they don't lock so it's like a core exercise to sit there the entire time and have a chair go back on nice resolution regarding that bill talk about it tomorrow yes I'll do it I'll do whatever you want yeah no I resolution as as you just get that to me and then we we do that on the next council meeting okay just put it on the and with the vote and everything we good yes I am I I would rather be honest no we have two more minutes it's okay if it doesn't go back out we have okay no I I can't say that I'd be lying technically that's all right most I work in reques more parking spes all right still a good idea we publicit the executive session tonight has four topics two of them business administrator and government Management Associates um pertains to the position of the business administrator Serv of r administrator has um exercised the right to have this discussion held in public rather than private session and so the first two executive session topics today will be discussed in public here we are okay great um did you want to again um I I would like to um comment first um and you don't have to take notes on okay um neither one of these topics are really appropriate in this forum um this isn't a legislative question again I think the council is kind of veering off on the legis out of the legislative Lane interfering with the administration of government additionally by taking these actions they continue to interfere with the fun functions of the municipality of the government um any question on this topic I believe I could have answered simply by in a one-on-one meeting uh or ask for clarification in a written form that I could have responded to I do respond to any questions that I get from the council usually I'm writing so that they have that um questions of communication support of I've had examples of that I going to those examples I'll try to be Bri I I know it's already 11:30 um so from my standpoint we won't be covering this topic tonight um I could cover an overview what's TR transparent transpire on the topic uh but I I'll hold that um but I do believe that this is not a inappropriate U topic to be held legis by the Legislative government body and I would then I don't know business administrator sorry bar administrator I keep saying business you have any comments to this on advice of my legal counsel I'm not any questions all right so I I'll I'll start although uh you know I mean this started out and continue until Mr gen tells me otherwise uh this started out to be a council request of the mayor to understand when the transition period will end for Mr farach who is I'll say graciously volunteering his time um Council anticipated he would have a twoe transition we anticipated that's what we pay up for and we thought he might you know terminate after after those two weeks and and he graciously has apparently volunteered to work for free well that's that's not really volunteering no that's not really the facts the facts are that the council said that they would not pay for any transition time correct well that is correct and that's no no no none not pay for no that's not true the council said they would not pay for any transition time Mr farbach then said that's not a problem I'll volunteer so rather than work two weeks in a row over um basically 10 days uh there's been two minor projects not minor two projects he worked on that is completing so oh my god so let's let's get back to reality there are major projects that he's involved with if you don't call Union negotiations two projects I'm sorry you said I said and I corrected myself Focus so the point is I'm trying to speak Mr and I'd appreciate uh being allowed to continue well as long as long as you state the facts I stated the facts I'm sure I have an email no you know whether my facts are right or wrong yes let me continue my statements um the point is none of us thought we would be having this discussion in public we we simply wanted direction from the mayor I represented the council at an agenda planning meeting and I simply said the the council wants to talk to you Mr Mayor about the role that Mr barbach is playing going forward we all think he's he's done a wonderful job but he's been doing it for transition for two and a half over two months two months and a few days Mr Noble had raised questions uh with our um risk manager saying how long can we have an employee I mean I'm sorry a resident volunteering and having access to personel files having access to Leading Union negotiations he he has he's not does not have access to Personnel files and he's not leading he was he was sharing this is what we were supposed to talk about privately but as an example Mr farbach was sharing the the business administrator's email address and we I personally wrote uh Miss DeMarco and this is not a reflection on M DeMarco I I very specifically in questioning Mr Baron's role but Mr Marco did send an example an email from the business uh administrator's address um I responded with questions and Mr farbach responded from that same email address and you know gave answers and he said you know I know this better than others but it it it it created confusion for the council um Miss Mahoney referenced it saying what's going on Whose email address is this all we wanted to do was have an an executive session with the mayor and I said and the mayor said um we don't need this you know it's a waste of it's a waste of my time and I said Mr Mayor we just want to talk about I Mr Mayor says I write a memo I said please do I didn't say it was a waste of my time I said I that was a quote that was a quote no I'm sorry it wasn't I said I was time constrained that's God bless you um I don't know if the zoom meeting was was recorded or not but that absolutely was a quote so regardless regardless the mayor never wrote the medal I invited him to I said you will save us a lot of time if you answer questions but we still want to ask you questions we still need an executive session the executive session topic was Mr fabok's transition however and very appropriately um Mr Canon mentioned you know there's a decent chance you you're at least going to touch on M DeMarco's performance and if you just touch on it you really In fairness to the employee need need to give that employee a rice notice saying we might or you know may or might or whatever the wording is talk about your performance Miss DeMarco has the right and and she exercised the right to have this discussion held in public so and I have no quals with that whatsoever the only issue I want the residents to know is as I said earlier this is honestly in my opinion nothing about M Demarcus performance it's in my opinion it's everything about the role that Mr farach is playing now that he's two months removed from Miss marus start date and and one of the things that I was going to talk about is it's been two months as of this point in time and the mayor's known this question for a week he still has not delivered a memo that would tell us what his plan is I don't recall you asking for that memo I'm sorry I said would save us time in executive session if you still want to deliver the memo okay perhaps you could all right well maybe maybe Mr Mayor there's a recording so if you want to keep going this path maybe a recording what path this path of denying things you said I don't believe I said that I'm not denying I'm just saying I don't believe I said it I well maybe there's a recording does anyone else want to say there's no recording we don't record the agenda of VI meetings okay well sorry unless any record but do you recall that I did you record it Mr I don't know what does that have to do with anything I was just wondering point I like to hold people accountable for what they say Mr fa I mean Mr Mr Canon you you're the very independent person in this discussion do you recall that part of the discussion or you do not I honestly do I don't I don't either way I honestly okay well I I and I don't it is such a the point is we want a better understanding of what Mr farach is doing do we give him a contract what is our our liability the man has access to our email you got you got an answer to that question on liability trans does he have a key the building they also said it was a limited transition is it we don't know it continues if I understand your conversation exactly and you know we come into an interview and he's sitting at a table so is he contracted to work with the buau is he just a a resident that's giving us an opinion so Mr farbach went through the search process for the CFO and I asked him to do that and that started long before uh October 1st um and he finished that a great job in doing so as a volunteer and that is his field of expertise and he executed what I think is a a great F uh and it wasn't without a lot of difficulty over a period of five months to do that so so how long is he going to be in a transition period that's what we just wanted so if you I would be happy to lay that out right question I mean there's no there's no we have we have lots of volunteers doesn't necessarily need to come we have lots of volunteers working in the B do all kinds of things that are covered by I think if he's covered by Insurance he's he's as liable as anyone else is if they go out the scope you know outside the scope of but the J did say he should not have a key in um that's what they told me they did and just like we don't you know we don't give keys to volunteers either most Mr Ken they also said it was okay because it was a limited transition and they didn't give us a definition what is a reasonable limit but miss Den Noble commented can a transition be 10 years that was more or less a quote although I didn't record it and I told you that yes and U the question is what is a reasonable transition that inferred to us that at some point could liability that he cannot go on well liabilities of coverage okay you I'm saying it could be a coverage issue not necess liability just by the virtue of being here so this is these are the questions we wanted to discuss in private but for example if he uh if he cost did something to incur a lawsuit against the Bur would the JF cover that if he's work if he's volunteering for us for now even if we have given we the councel and specifically the mayor have given him access to potentially confidential issues whatever they might be collective bargaining um CFO negotiations um uh DPW negotiations the audit process what we're talking about is risk so whether it's a good idea a bad idea to have a transition someone here otherwise not that's a policy matter that's up to you guys frankly it's up to the mayor yeah and I'd like to just in terms of in terms of risks guy's an expert in his field he's worked here already he's very you know he's been done never done done it single thing out of line you know in that regard so far in terms of risk as the BR attorney I can't tell you what's going to happen I don't P the ball but in terms of risk it's a it's a relatively RIS is what I'm saying I'm not saying there's no liability there's no possibility of anything possibly happening but it's a very low risk rather than if you you know had a volunteer from the you know run the garbage trucks up and down the street without a CDL that would be a higher risk that I advise against you know that's that's how I look at just so explain you how I'm looking at it is risk not necessarily lacking money yeah but whether it's a good idea or not it's your job to the other side of risk is benefit uh I've worked for few years years for a a reasonable company and um you always strived and tried to attain good transition processes As you move people around or you BL people in an organization your ability to do that was often hampered by the person transferred to another place the person's boss limited the transition uh it was just an impossibility and and some of the worst outcomes relative to somebody in a new job in terms of learning curve and just curve experience curve and and the curve of what's going on in this uh in this municipality um is hampered by that um we so we looked at a transition and we we recommended a transition uh that was my view of that was we would pay Mr farach for x amount of weeks a couple of weeks uh to do a transition which I think is appropriate um I think it's the right thing to do um he choke when when that was rejected um he said not a problem I'm interested in success of volunteer so that's where we are uh I'd be happy to answer these questions I'll answer them writing but u i my personal opinion of this is it's it's it's a transition that was appropriate around a couple of items just some preliminary budget stuff um completing the contract which you never want to you never want to change resources out of the contract kind of a situation and that's it so um and clearly the recruiting thing which is something of forte ificity I think it I'm not sure why but I think he enjoys doing it because it's tough It's really tough tough stuff with the position's trying to secure but he's very quickly devoted to this town um and I very much appreciate what he's what he has done in transition as I'm sure um our our B administrator has and U that's it so is he going to be working on the budget for next year as well as I said I will outline all those things for you he has sat in on preliminary budget reviews um but as has the administ so when will you alline this for us Mr may very soon so we don't know how long the transition is going to be then I said you will let us know so it it was two weeks but now you'll let us know what it is well and I don't remember rejecting anything that we wouldn't pay him for two weeks I can get you documentation on that I will not pay overlapping s Contin um please do please I'd be happy to um be happy to um so you let us all right thank you go we have to close this no we don't to close that we have to do the resolution with just the one item I thought you did that already the resolution ex 1043 did not make that motion no no no that's okay it's okay I mean technically this is to go into that back room so how much time 40 minutes think you can amend that to oh absolutely yeah the 40 minutes topics be 24 do I have a second first and second first and second first have a second second Mr Noble yes mrzi yes Mr Mone yes Mr Weber yes may fo I think it is God BL headl [Music] here