[Music] hello how are you oh Howard how are you how you doing doing man nice to see you nice seeing you too how you doing hav't seen you been out haven't seen your truck around oh really I'm going to have to start burning water with me yes a little bit sorry I saws [Music] phelia tour hemor in morning oh did they I see where the tilt's closing yeah I don't know what that is yeah I guess after 40 years they decided to HCK go yeah I went to college last name never been in that place oh no no we used to have uh they have a big room in the back oh okay and we had ATL County Junior Football League meeting every during the season every week oh wow that was always fun I think they still do it it's actually not the same Le it's all messed [Music] up all right Janice where are you the [Music] okay [Music] H Mr Smith how are you never do never do how much money the state can save that's a they just stopped this oh [Music] my and it's getting expensive to print stuff anymore all my color we decided glad everyone's okay to share a superintendent oh okay so we did two years that didn't last long no actually lwood suffer he was more than lwood I mean I used to do this in a too don't you know I just all this we're going to save 60,000 3 million away from us in a that's when I realiz this shared service is all  you don't get any credit anywhere you don't get a credit back anybody and it's hard because you're doing doing that one FOC another so I met with the assistant director too every year we do this the city has a doy safe practice fill out all these forms and you get credit for  get mad at you for the other right well you know it be very easy at that point say share service how many get a point whatever you know get some credit and maybe you don't get I just bought myself very CH well it looks it looks like very convenient it right in your person I mainly [Music] so the the ordinance that we have to amend do when do you do that [Laughter] to be [Applause] [Music] Amed beginning febru two weeks later and then a week later she was in the hospital days it was all I'm just still I've been talking all that of course but thank that'll make it work and you do sound better though ordinance okay got it yes I got my Green Top have the language looks like we got the Irish thing going on here straight across like Tic Tac T Mr mwis Nice tie make ready we'll split the you remember them you remember no okay this meeting is called to order what everyone please rise for the flag salute and um if we could please have a moment of silence for George and Claire kzn Claire served on city council and was the first woman to serve as city council president and George was one of the original founders of the Summers Point sharks and also served as Summers point Court clerked they were married for 70 years and died 21 hours apart please have a moment of silence to the flag the United States of America stands one nation God indivisible withy and justice for all thank you have a may I have a roll call please Council council member council member ow here council member Tois here council member MCC here council member MC council member council president Johnston here here also also present is Mayor tap administrator Frost confidential assistant to the city clerk canio city solicitor Smith and city engineer uh Paul Kates pursuant to the open public meetings act adequate notice of this meeting has been provided the agenda for this meeting is posted in City Hall and on the city's website Summers point.org um dos Avenue I that's oh good okay great thank you does any okay does anyone have any Communications to offer heing none hearing none U Mr Mayor I have just a few things uh number one uh I don't want anyone to think that just because I became mayor and you didn't see me all February that don't laugh that I was just uh acting May orial uh fact of the matter is at the beginning of February caught Co my wife and I two weeks later my wife and I uh got uh influenza A I didn't know there was a b and all rest and then about a week later my wife came down with pneumonia uh and spent four days in the hospital at Shore Medical I cannot thank Shore Medical enough for taking great care of my wife uh we were in Massachusetts when uh the flu and pneumonia hit cuz when my three-year-old grandson says Pop Pop Let's snuggle we want to watch Spidey and Friends of course you say yes and then you get the FL uh but drove her home got her to the hospital here they take great care we have uh I am so grateful for the care that she got having a hospital in our backyard is such a benefit uh and it makes it so much easier and I think that it's a we Overlook that times but but I don't and I want to thank sh medical and everyone there that was number one number two if anyone hasn't noticed the phones are working so we had a phone situation there I want to thank Jason you know I'd love to take credit for it it was on my watch but I really can't uh but at the end of the day the phones are working and that's fabulous right there F Fest is coming up all it's April 27th uh our very own Steve Hornick who's hiding in the back over there he is the chair if anybody wants to volunteer to help you know we can use some help on the day of we got a great committee but we can use a little bit of help on the day off for a few hours in the morning uh uh I'll give you my phone number so I'll save Steve a little bit but 609 957 0787 so if anyone's interested in helping for a couple hours on the 27th in the morning uh we welcome that just give me a call um Veterans Day Parade I know it's getting we're still few months out but it is going to be on the 27th of May it starts at 11:00 Veterans Day listen to that would be a little far out and I did WR vet St on here and then one last thing you know I want to give a little shout out here to uh Lisa King and and the tax office she's a rock star uh she we had a collection rate of 98.4% which for a municipalities is great I sat up here on city council before I sat here and where the collection rate was so low that four weeks three weeks before the end of the year all the councilmen are given the list you got to call these people up you get them to pay taxes if not we're in trouble this tax office did an awesome job and uh I I commend them and I think I covered everything good night thank you than you does anyone have any committee reports Madam president I have a coule yes Mr har Eed I met on the 26th of February I discussed the marketing bids as well as a campaign El love Summers point to try to continue to get as many signups there as we can uh they also um you edar discussed their involvement potentially in the master plan tweak and then on the 28th a meeting was held with the Atlanta County Economic um Alliance and triad to discuss uh what the next steps would be in in building that uh relationship the Environmental Green Team met topics discussed was sustainable Jersey checklist for contractors to assist the uh City in a sustainability score the city cleanup day is scheduled for the 6th of April if you're looking to participate in that and you want to reach out to the Summers Point green team atgmailcom that would be helpful so we know how many folks are going to be showing up be at the uh Public Works building behind Gregory's parking lot around 8:30 so we get started at 9:00 the Garden Club met on March the uh 5th they have all their events on the City calendar through June strongly recommend you look at some of those they're pretty interesting on April 25th is's a bus trip to Brandy Wine and new Mor's mansion as of the 5ifth 43 people were signed up for that schools and Library U many of you know that the Summers Point School District is facing a $1.2 million reduction in Aid uh this year so they're working diligently to to try to get that under control and the Arts commission will be meeting at the uh have a presentation tomorrow at the senior center and I want to thank Jason Rost as well as the public works department for getting that building inside painted um from 6: to 8: there's going to be a uh viewing of artwork on landscape that people uh painted so if to get a chance to get over there just stop in um and that' be great to see a lot of people out there thank thank you yeah mad Madam president uh just to reiterate what uh my fellow councilman Charles pacor had to say tomorrow night over at the uh senior building senior recreation building there going to be an Art Exhibit and reception starting at 6 p.m. until 8:00 p.m. and then I guess moving on with Recreation board uh good things are happening especially with the uh we would call that the Senior League field Sean yes sir it's getting redone which is good no at no cost to the city or right yep thank you oh last oh and lastly is the uh Summers Point uh Historical Society they're redoing the front of they building to with Landscaping so good good things right I'll give the uh Redevelopment committee met uh in reference to Oak Lane um met we met with uh the developer and their attorney um and they're asking uhad of a full of Oak Lane they're asking for a partial um the committee's recommendation is that we do grant them the partial which uh we'll have to hold tonight's ordinance and introduce a new one if we decide to do that um several factors it it just makes more sense to do the partial so that they have um the ability to put an Ingress and egress on that part of the road was also recommended by the county that um that that be done so okay okay um anybody any other reports we're good okay the Eng yes yes so with us um with the weather breaking we're able to get contractors back out on some of the work that was stalled due to uh the winter weather so we actually completed Paving on Ocean today so now they'll be moving to final clean up and punch list work um on the other side of town around the uh the storm water work on Exon we're looking at final Paving that maybe in the area in that area um in the next week or so I know the weather next week isn't looking as great so it it will be weather dependent um beyond that there is a change that we need to propos for ordinance number six which is the the parking ordinance that's going to restrict parking front of the Summers Summers Point maze Landing Road Pump Station um the county had reviewed the ordinance and came back that they wanted language added to the ordinance that would just basically give them uh the chance to vote and sign off on the ordinance as well so once we approve it um it'll go back to them for a for a final review and sign off but at this point they have reviewed it they're okay with the language and uh they just would like to vote on it as well they would have had to do that anyway since County them adding this language really doesn't change anything so okay stay on as it is so we don't have to do any we don't have to do anything further we can vote on it make an application for an amendment just to the language that they requested but even if that language wasn't there they still would have to to County Ro okay thank you and that's all that I have thank you okay could I have a motion to approve the minutes from uh the regular Council meetings February 8th 2024 and February 22nd 2024 I'll make that motion second any comments in all in favor any opposed minutes are approved Proclamation mayor yeah uh actually uh we on our uh veterans Advisory board about to be confused with Memorial Day we have a vacancy and it's going to be filled by one of uh summer points finest uh Phil Huber uh and his term is going to end on uh 12 let me see see 312 1231 24 and I want to thank Phil for uh yeah no that's for Tommy oh I'm sorry yeah okay I didn't realize put them on the board he's a good man great thank you uh we'll move on to ordinances um ordinance number two ordinance number two of 2024 an ordinance vacating a portion of West Maryland Avenue in the city of Summers Point County of Atlantic state of New Jersey have a motion to open for public comment for ordinance number two I'll make that motion second all in favor any opposed we're now open for public comment on ordinance number two good evening Madam president mayor members of council for the record Michael lario from The Firm of nead Davis and Goldstein on behalf of West Maryland LLC the developer of this subject property this is a request before you tonight to vacate an approximately 6100 squ foot portion of West Maryland Avenue West Maryland Avenue is an unimproved paper Street currently on your tax map and just to orient the council a little bit out the site we're talking about it's block 914 L one it is immediately behind the existing wiin Supply Company um it is a property that's located in a highway commercial one zone it's a commercially zoned site and it's currently vacant before I get into the request before council tonight I just there's one housekeeping item I know that the second reading and adoption was scheduled for I believe it was the first meeting in February um when we submitted this request for a vacation it was with the hopeful idea of having a first reading the second meeting in January appearing before the zoning board and coming back to council for second reading and hopefully adoption that schedule got mixed up and and we were put before put in front of council before we received zoning board approval we were unaware of that we obviously weren't there that night I watched the video I know there was some confusion members of council I can tell you that we were also confused obviously the natural progression is to receive zoning board approval and then appear back to council for the vacation and that that's certainly was our intent that was our goal and we're happy and appreciate Council hearing us tonight on this requested vacation um just to give a little bit of History here on this proposed plan of development we actually were before Council way back in October of 2022 that was the first thing that we did when we envisioned the development of this site because we specifically envisioned needing this approximately 6,000 foot vacation so before we went anywhere else we wanted to go to council and I think I used that night in front of council that we wanted to bookend this application with trips to council we wanted to start with you be able to talk about what our proposal was try to gauge your your acceptance of it before we went down this path and and that's really what what we did we appeared before Council in October of 2022 we presented a conceptual plan development which you'll see is almost identical to the approved plan of development that was approved by the zoning board and we as Council would you be open to this would you be okay with this and again it was an informal question but we asked for a straw vote a straw vote was taken approving this to at least take the next step and that's really all we were looking for is the ability to take that next step I ask a quick question sure was that Anon yeah Anonymous my recollection my recollection it was yeah thank you so so with that vote of confidence from Council we took the next step and we applied to the Summers Point TRC and that's the technical review committee meeting and what that does it allows an applicant to appear before the Professionals of the board along with certain board members to look at a concept plan and try to talk about what are the concerns what are the questions these professionals have we sat down we had a really beneficial meeting in which the orientation of the building was moved based upon the comments we received additional Landscaping was proposed there were comments about the impact of traffic a recommendation was made to bring on a traffic engineer which we did um again the project was revised based upon those comments that we received at that TRC meeting in November of 2022 following that TRC meeting um I would just say that the site itself is Zone commercial Highway commercial one which allows for a variety of commercial uses restaurants retail gas stations offices professional offices um cont Contractor's Warehouse are not a permitted use within that hc1 zone so we needed use variance relief what the municipal land use law allows is for you to B for Kate an application for use variance Rel and what that does is allows you to go in for use variance first get that approved once you have the use variance approval then go back to the board for site plan approval and it prevents a situation where you're your hard engineering site plans before you have use variance approval so we appeared before the board of adjustment in September of 2023 on an application for use variance approval we presented that application to the board it was unanimously approved that application for use variance approval however there were a number of conditions and these conditions were really instituted by the board in order to lessen the impact of this proposed development they include limitations on the hours of operation the type of materials and substances that could be stored in the building um limitations on the lighting again there's a long list of conditions that were moralized in a written resolution The Next Step was to have the site PL hard engineer and that was once we got the use variance approval we hard engineered the site plans we reapplied to the zoning board for preliminary and final major site plan approval um we appeared before that board in February of this year we were approved for preliminary and final major site plan approval but again there there were a number of conditions on that approval relating to the location of the trash enclosure um again the hours of operation the lighting and what the zoning board found both in its Grant of use variance rela and its subsequent Grant of prary and final major site plan approval was this is a commercially zoned site that can allow a wide variety of commercial uses what we are proposing here is far less intensive than many of those uses that are permitted within that Highway commercial Zone this Contractor's Warehouse with it limited hours of operation particularly suited for this unique site and I say unique site because it is somewhat tucked behind that Weinstein Supply Company so there's only certain types of commercial uses that would really be able to utilize this then the zoning board found that this was one of those particularly suitable uses of this site so as as I said there was a number of conditions obviously the big condition for purposes of council here was the street vacation that was a a condition of both the use variants and the s plan approval that we needed to come back to council and we knew that and that's why we we came to council to begin this process because we knew we would be coming back before you and we didn't want that to be the first time that you saw saw this application turning to the actual vacation itself I would say the reason for it first of all is the lot as it exists right now somewhat an irregular shape it almost looks like a a pan in the sense that it has a small portion that sticks out and then a larger portion it's it's irregular and the reason for that is a portion of West Maryland Avenue was previously vacated and conveyed to a predecessor and interest in believe 1991 now we weren't able to pull the reason for that but that portion of West Maryland Avenue has been vacated and has been conveyed and is now part of this property so the result is somewhat of an irregularly shaped lot which from a development standpoint presents an issue as you try to develop this site I think being able to have this as a full rectangle allows the applicant locate certain improvements away from adjacent Residential Properties further tucked into the corner lessen that impact even more I'd also say that obviously when this council's looking at this requested vacation one of the questions you have to ask is what's the likelihood of this being improved in the future obviously this portion of West Maryland is an unimproved right of way right now there's no improvements there it's paper Street one of the questions is is there a plan to develop in the future I say this is somewhat unique because a portion of West Maryland Avenue has already been vacated it's actually impossible to link up the two portions of West Maryland Avenue when you look at the plan you'll see what I'm talking about where it's essentially you'll never be able to run it through so really there's an undeveloped portion that has no little to no likelihood of ever being improved with an actual right of way again we feel that this strongly supports the requested vacation in addition to the actual proposed development itself that this is taking a commercial site proposing a far less intensive use on this commercial site allowing for a more uniform development of that commercial use it's been fully approved by your zon Board of adjustment it's going to add a commercial rateable to a unique lot within the community think when you look at all this collectively it supports the granting of the requested vacation now when we were back before this Council in October of 2022 I think one of the questions we received was the existing fence that runs along the shared property line between the city owned property and our property and what could be done with that fence now with me I have faith midgard from Highland design they were the professionals used as part of the applications to the zoning board and the applications to D and faith if you can you talk a little bit just to orient the council where we're talking about and where that fence is sure so runs along I'm notun bottom and it's right in the middle of so the state has a ranking system for wetland poers it's Z through five five being most critical um the state through the application process for Mr Edwards has deemed this is a combination of four and five which means it's of the most critical habitat which would mean the fence is running right through the middle of the Wetland buffer so I know that there was discussions about replacing the fence in kind replacing it with other materials um if it were to be replaced with anything other than ink kind replacement of the existing materials that are there or similar um it is highly advised that we review that with the D because this is such a highly environmentally sensitive buffer area um excuse me EXC excuse me um hello hello could you turn could you turn that around the general public could see it also um i' like them to understand what's going on here that's essentially underneath of this line which is a property there is a fence chain metal fence that it runs the length of the upper and of and it runs the full of thiser run the way I believe and that fence is in need of correct the fence essentially keeps anybody from walking around going into theond and yes it's in major disre with holes in it um it and um I've been back myself the owner and um you do find young kids um down there that maybe shouldn't have did since they're not being H after or anything like that so the point of all this is obviously we've heard the concern of council as the need for replacement and we're we're happy to arve there's some difficulty with getting D approval as part of it but we're happy for need to charge with theep to try to get it approved if the city wants to lead the charge to get this fence approved and make the applica responsible financially for the replacement we're okay with that um we're just trying to be flexible here if the way to get this replacement for the purposes of tonight that we're just talking about the vacation not not the one of the it is a of the Z approvals to have discussion with counc the only reason the discretion or actually replace the so I think it was to the discretion of council really whatever Council would like to do by way of Defense placement so that's actually not something before us tonight [Music] no shut down on that that's really not for I think that we're doing a vacation that's something that was John I missed the October meeting for me and just call suggest that okay certain we can make a subsequent request to council for that it's a condition of that zoning board approval so we won't we have to make this request and at least get council's input as to how you would like that that fence issue address just absolutely just real quickly just so everyone on Council aware what we're talking about it's really this portion of West Maryland Avenue is what we're proposing and requesting to be vacated and this was the portion as I mentioned that has already been previously vacated so West Marland Avenue actually improved right away there the property line starts this was previously vacated it's now part of the property and this is the paper Street portion of West Marland approximately 6,100 ft we are seeking to be vacated now in order to again give it any more uniform and I would just say being able to push the building over to the left hand side to tuck it in there to add the additional Landscapes along the front there these are all things that having a more uniform lot allow the allow the developer to do that's essentially the request before council tonight again we have our professional here there any questions if there's any questions about we're happy to answer but again this this has been it's been a long process but I think it's been done the right way I mean we've used the resources the city makes available to try to develop this in a way that really went hand inand with the city and its professions by that I mean the informal meetings with Council the informal meetings with the board of professionals this product really reflects that input that we receive from those those members of the city in coming to this final presentation report so again I thank you again for your consideration if there's any additional questions please thank you thank you Madam president just a a point of order Mr Smith this uh ordinance was table so hear we didn't have to come off the table yeah thank you probably do that before proceed want to do that real quick can I have a motion to uh put ordinance number two back on the agenda make that motion second all in favor any oppos I'm stain okay just one of the issues just so one of the other problems was a publication issue right that's why if everything could have gone wrong on this getting this in front of to thank you okay good evening ladies and gentlemen John H chairman of our summers Point environmental commission here this evening just to comment on this street vacation for West Maryland Avenue um and to talk about an issue that I learned about recently um ask Madam president let me interrupt Mr h mrce you're here chairman of the environmental committee send email the environmental commission oh we discussed it extensively yeah discussed yes and they sent you here yes okay and where are the minutes for that we don't have them no we you also put yourself down as the Green Team also onil yes and and was there a vote on that it's the same group same group so the same body right and don't the environmental commission's charged with reporting to council that's separate and distinct than you send me an email today I really wish should talk to I like I'm very very got up last time and I heard some complaints about your you on the zoning board currently yes I am yes I am and you voted on this issue did you not V voted affirmatively for the Youth variant I voted against the site plan okay so you voted against it at that point dur no I I provided my reasons for voting no and your reasons for ting know are going to part and paral of what you're to talk some degree to some degree I I I believe you placing yourself in a a conflict of interest John and I don't even be that I'm just going to tell you that because you can be removed from your position for for being in a conflict and and and unfortunately I just recently had to address someone else C on this I'm not I'm not real happy about this these type of things are not spontaneous you know about it I'm the City attorney a phone call you have a very good relationship and I'm a little embarrassed about having to do this I'm going to my recommendation is that you don't proceed you proceed you proceed at your own risk joh well I well I am going to proceed okay I knew you would they don't care it's not going to change anything you work very hard for this city um motion to close please I'll make that motion second all in favor any opposed we now closed for public comment on ordinance number two I have a motion to adopt number ordinance number two I'll I'll make that motion second second um in all in favor any oppos again I'm going to abstain because I wasn't part of the store V that occurred and I haven't been part of this process until recently so I am going to abstain from voting thank you okay um number two is adopted number ordinance number three ordinance number ordinance number three of 2024 calendar year 2024 ordinance to exceed the municipal budget appropriation limits and to establish a cap Bank njsa 44-454 may have a motion to open for public comment on ordinance number three please I make that motion second in FA all in favor any opposed we're now open for public comment on ordinance number three motion to close second second all in favor any opposed we're now closed for public comment on ordinance number three could I have a motion to adopt ordinance number three I'll make that motion second uh in favor all in favor any opposed resolution resolution number three is adopted I mean ordinance number three ordinance number ordinance number fourin number ordinance number four of 2024 an ordinance vacating Oak Lane in the city of Summers Point County of Atlantic state of New Jersey may I have a motion to open for public comment on ordinance number four please I'll make that motion second in favor all in favor any opposed we're now open for a public comment on ordinance number four good evening again for director from the firm NAD Davis and Goldstein on behalf of the applicant R2 F2 Incorporated this is a vacation that my partner ke Davis for council at the last meeting requesting a meeting with the Redevelopment subcommittee on the proposed vacation of Oak the request at that time was to meet with the Redevelopment subcommittee to talk about tbling that ordinance and instead introducing a partial vacation and a partial dedication of oaklane and the reason for this is oaklane is a paper Street an unimproved paper street that runs partially parallel to M Summers Point Maz Landing Road and there's a perpendicular portion um really that perpendicular portion is what is at issue now if a total vacation which is what's before the council tonight is granted what would happen is that 60 foot right of way would be split down the middle 30t would be conveyed to R2 F2 Incorporated 30 ft would be incorpor would be conveyed to the adjacent property own the plan of development that was presented to the planning board and again this This concerns the residential development of Great Bay it's approximately 168 units 42 affordable housing units um that envision and egress point along ma landing and Summers Point excuse me Summer Point Maz Landing Road allowing for cars obviously to get into the development and out of the development that envisioned ultimately a dedication dedicating that portion of the road as a public road not not a private road um what would happen if it is vacated and only 30 ft is provided to the developer what that does is it limits the IL to construct and Ingress an EG Point what happens is only an egress Point could be constructed so instead of allowing cars to go in and out it only allows cars to go out we feel that that's not a strong plan sorry I think it's no it was an exit yeah it was an exit an exit yeah we feel that that's not a superior plan of development that ultimately allowing the Ingress and egress Point here is a better plan for circulation purposes it just works better this plan was obviously approved with the Ingress and egress by your planning board it also was presented to Atlantic County Atlantic County equally has requested recommended that this be a Ingress and egress so what we're requesting tonight from Council is to table the ordinance before you to vacate the entire portion and instead introduce an ordinance vacating a portion of oaklane but then dedicating that small icular portion that we're talking about now allowing it to become a public street now with that being said obviously it is not the developers expectation that Summers point is going to be responsible for maintaining that the developer is willing to enter into a maintenance agreement with the city so Paving snow removal potholes all types of Maintenance and upkeep will be the responsibility of the owner and that obligation will run with the land so a homeowners association yeah no it's okay i i i occasion grandfather 1989 um you're constructing the roadway correct yes put that point out so we will construct it we will maintain it those obligations will run with the land in addition we'll enter into a hold harmless and indemnification agreement with the city so there's any litigation involving this section at any point in the future we will indemnify and hold harmless the city again we feel that by doing that really it it's just allows for a better plan a safer plan better circulation so again we're making that request that the ordinance before you be tabled new ordinance be introduced and and considered by this Council okay regardless how Council proceeds there's already going to be an indemnification agreement because sent every on some of the documents earlier that this is a uh sort of a everybody has a copy of it that goes into property and then there's a portion of the roadway that runs parallel um to M Landing Road um the uh Bay has represented that they purchasing first lot next to St and theic at this point to the other two just to ensure that that in fact there's litigation concerning the issue of they're getting 100% of that roadway as opposed to 50% and then there's get 50% so to protect the city from the lawsuit that's also part of the indication correct yes correct yes excuse me excuse me is that done with the in with the uh has those two Property Owners agreed to that no that's why we get an indetification on that that way if there's a law about it then they are going to defend us of that put that if it's Free Soil and and there happens to be an accountants office uh sure sure so if we're vacating that portion of it to a single owner a single side of it take the St take the stem portion and just vacate that to the single side there was a difference and this was based upon uh the engineer for the applicant as well as our engineer um to R the doents this paper Street was created out of GRA Bay property as opposed to a situation where right away would be created out of PL you got the property owners on either side they again this was not created in that fashion was created was just established as a paper Street there but uh there was there were there were meetings and discussions on this issue uh can I I jump in Mr Smith I think that's a great question as to why why is that vacation all of it go to the one property owner where the other one split down the middle and the reason is reviewing the records Great Bay owned all the property up to Summers Point ma Landing Road at one point some point we think approximately the 1950s they dedicated the Lots along Summers Point Maz Landing Road and that proposed right of way that unimproved section of oaklane that we're talking about now there's Provisions in the law that state if a dedication made to a municipality and is never formally accepted and it's later vacated it's as if it never happened the entirety of that portion reverts back to the original owner so what we've been able to trace is that portion that parallel portion of oaklane because it was never formally accepted and improved by the municipality once Council votes to vacate that it actually in its entirety reverts back to Great Bay now that perpendicular portion that Stu that does not apply there and that's why if that's vacated it actually splits 3030 Madam president we're here to talk about not table we're here at table the ordinance that's in front of us correct that's in front of us is for a full vacation but that's that's what our discussion is tonight everything else would have to come back to us in some type of new ordinance correct well this presentation that's that's Ono [Music] it's in support of their position that this Council table that reconsider and and and the basis of of tabling it is this is why right meeting Monday yes yes I Mr Davis with the uh committee on this yeah but yeah so right now all this is is if there's no motion to table this then the motion is to correct I make a motion to table and reintroduce well it's a a second reading that's fine that's fine once you get a second on that we're not going to be able to ask any more questions that's correct that's correct just tonight'll back public comment we right we're still open for public comment so should we wait till we get through this and then address the we should in my opinion I think we should wait until public comment is completed and then we proceed with type of action we want to take the appropriate action not to table it or if you don't want this to vote no and then have them come back you do if you table it then you table it then it can be brought back up again table you can also introduce a separate and on own either way either way a separate ordinance needs to be introduced decides to do that with you okay got it okay all right so does anyone else have any other questions um yes so why uh if you you you you being the developer uh has purchased or have the boardwalk development lot under agreement and you're going to utilize that for what has been added to the project of late uh additional or overflow parking there why not just shift the that all that development the Overflow parking in the street or the driveway West not needing if we do the full vacation you get half of it giving you that and reloc relocate that drainage pit our Engineers have looked at it about trying to slide it over and expand it given the existing parking lot there and the on-site drainage trying to relocate that our engineers indic us that it's just it's simply from a feasibility standpoint not something that they can accomplish right now they're looking at this as the better option is without substantially having to to revise these plans and that's one of the issues is these plans were approved conditioned upon this partial vacation dedication we understand that we would potentially have to go back in front of the planning board but ultimately when you start moving these access points and moving the corresponding parking and Water Management improvements you have to relocate them in a way that the plan revisions they become very large we feel that this is a way to accomplish this without having to redesign that portion of the site okay that the plan I'm sorry I'm sorry also the it was brought up at the meeting that there's a utility poll that would have to be moved and the estimated cost on that was somewhere around $50,000 approximately yes y okay I just want to make sure that was added to the conversation and again I that's obviously more of a developer issue but sure so uh I lost my trainer CL it'll come back it'll come back to you so that that so not shifting that or excuse me you said this was this uh was approved based on a partial uh vacation is that corre is that correct by the planning board so the plan was proposed had a a partial vacation and a partial dedication here that that had the two-lane access it really would only work by way of having that partially dedicated and partially dedicated but it was conditioned upon that that obviously we weren't able to to obtain that partial dedication and dedication um we'd have to go back but at no time early on last year or whatnot was was it not agreed upon that that we were going to go ahead with the full vacation I know there's been a lot of discussion on this I I think the position has been that portion the parallel portion of oaklane fully vacated but I think the stub here this portion that's it's perpendicular would be dedicated that's that's my understanding always that that was ever the case but I I'm not going I can't debate you that I don't have that um the other thing and I've only heard this secondhand is that the uh adjacent property owner a full vacation so he can have that piece of property is that correct or you know it's only I don't I I can't speak to to thej property owner I know that we've made repeated attempts to try to negotiate with him and he has not responded to our our attempts okay okay yes yes my wife talk she's more than me um I was under the impression yeah Richard A I'm the property owner Frank Rocco nice man he made one attempt I'm not interested he want to buy my house or nothing we're not interested in selling any we like your community I've been here involved with this community for over 40 years own a strip center and I have the house and I love the house I to keep the way it is I put a beautiful environmental thing we moved the tank and it's It's a Wonderful House um I was under impression talking to the engineer I've been in touch with for at least a year that the law states in New Jersey and he only made one attempt Rocco and I thought we were going to be friends I want the trees there I want to keep the way it is for the environment I want half the road I'm not interested in selling it and that's my in the law states of New Jersey if you're going to vacate that I've been titled to half the road and that's what I think we should stick to we have a a responsibility to abide by the laws that are in New Jersey now would you like to say something just to ruin the house anyway we we're not we're not clear on exactly where it bus but we have a house there and from what we did a survey we think the road would be like encroaching upon the house a very little side yard and we were happy to hear that you were vacating at half 50/50 even though it would only do the uh one-way traffic so you know since we've had that property for many many years we like the house we just hope it goes 50 you do the right thing environment we to keep the trees there there's going to be a roadway constructed so you understand that's what they're asking for so they're asking for the full 60 ft Asos to to giving you 30 additional and getting one one at a I'm sorry just one at a time please I just want to say we have been taking care of the property up until now we've cleared it states when vac a road from what I I my to that half the road be leave it for the turt and the environment let him do his Road according to your laws the distance that should be properly on my house so there's really nothing to talk about R has been in New Jersey for years the stat you got to go by local law states going to give this developer Free Ride you have to use your common sense just because he the long and windy road for the be let him do the road the way he has to do it and keep it according to laws away from my house thank you for your listen thank you you're welcome motion to the public portion all in favor any oppos now we're now closed for public comment I add something everyone's aware there was a uh litigation relative to to uh and and removal of the deed restriction for a portion of this so that we uh this went the court there was a a trial on this may we called Neighbors out in the uh original Fairway section A lot of them objected to this um but resulted in an agreement between the city of sumers point and the then owners of the uh great pay and on page8 paragraph 3.15 I'll just read it in corporation and or vacation o Lane and the parties agree that the realization of the project shall require the Improvement and use of a paper public Street known as Oak Lane or alternatively relocation Improvement and use of Oak Lane um or in or alternatively the city's vacation at o Lane for a portion thereof um so that that's really where we're at on this is that we've already agreed something with this roadway so so we would have to either vac vac it or pave it ourselves no we we can do a partial vation right do which we're what we talking about just explain the history of this where this came from this isn't something like this Council decided Well hey let's uh we inherit that which occurred in 2008 okay so Mr Smith if a partial uh vacation is undertaken and we um stre the street is built by the developer right that's an improvement on an existing Street correct exting right so it does it uh require uh additional approvement approvals add we're creating we're creating a street now that that is now outside this project right does and I I'm feel stupid asking this does that have to go to a planning board or what it so that the approved plans actually have it with the two two lanes the planning board has approved it as designed with the two lanes right but that's a street as opposed to part of this project and in essence city is now creating a a street that the developer going to build and I think that's where in lies their the agreement that they maintain it in perpetuity so even though it's designed and being improved improved as it was upov the only question becomes who ultimately takes ownership and while we were owning the agreement is that they would maintain it in perpetuity so there's no um basically no financial burden right sure I understand but but during the the construction of it is there an approval process for that or since we're it's just our street and we're the government we can do what we want but yeah well I like I said I believe it was approved in its current configuration and construction method and that's not changing the only thing that's changing is the ultimate ownership and I don't think it needs a separate approval okay thank you okay um um we have a we have a motion on the floor need a second that motion to table okay A second we need a second I'll second I'll second it I just think I just think it's important to maintain maintain no okay once it's table there's no more discussion you made that motion all right good and I and I second it so now we we just go directly to a v okay yes could I have a v are we allowed to comment on our vote before we make our vote thank you no this is foring only wake up the motion is to table the ordinance as it's written tonight so um we'll do a council member Habor yesc council member Owen yesc yes council member m council member MCC yes council member m council member mcgan yes yes council member council member D yesc council president Johnston yes ordinance number four is table thank thank youone okay we got the planning anding stuff going okay okay ordinance number five five please ordance number ordinance number five of 2024 an ordinance enacted under authority of njsa 39 4 197 regulating the parking of vehicles on certain streets and portions thereof amending and supplementing the Summers Point Municipal Code chapter 250 vehicles and traffic Article 1 Section 250- 24.1 schedule 1 a repealing all ordinances here to for adopted the provisions of which are inconsistent here with specifically the municipal sanitary sewer pump station on woodlock court I have a motion to open for public comment please I'll make that motion second all in favor any opposed we now open for a public comment on ordinance number five motion to close public portion second all in favor all in favor any opposed we're now closed for public comment could I have a motion to adopt ordinance number five so move second any comments any comments all in favor all in favor any opposed number ordinance number five is adopted number ordinance number six ordinance number six of 2024 an ordinance enacted under authority of njsa 39 4-1 197 regulating the parking of vehicles on certain streets and portions thereof amending and supplementing the Summers Point Municipal Code chapter 250 vehicles and traffic Article 1 Section 250- 24.1 schedule 1A and repealing all ordinances here to for adopted the provisions of which are inconsistent here with specifically the municipal sanitary sewer pump station on Summers Point maze Landing Road may I may I have a please I'll make that motion open for comment sorry I got a little lost okay all in favor any opposed we now open for public comment on ordinance number six motion to close motion to close I'll make that motion I'll make that motion second all in favor all in favor any opposed now we're now closed for public comment could I have a motion to adopt ordinance number six do we have to do amend oh we do it I thought you said we didn't have to do it we have to make an application to amend it okay oh okay that's yes we're actually going to include just a uh language I have language in front of me thank you okay do you want me to read it or just yeah so everybody talk so under the uh section where at Summers Point ma Landing Road is a County Roads County Route 559 we're adding the language whereas the consent of Board of Commissioners in the form of an ordinance of said board is required in order for the ordinance of the city of Summers point to become affected and then at the end of the ordinance we are adding a section six uh which reads upon final passage of this ordinance the clerk of the city of Summers Point shall send a certified copy to the clerk of the Board of Commissioners of Atlanta County with a request for the board's consent and then in section seven we the language that the the ordinance shall only uh take effect upon its final passage publication and adoption in a man prescribed by law and then the addition is and upon the final passage publication and Adoption of the consenting ordinance of the Board of Commissioners of Atlantic County so again it's basically just stating the fact that they have the ultimate say because it's their Road they want to see our ordinance and then and then sign off on it okay thanks I'll make a I'll make a motion to amend it in accordance with what the engineer has just stated okay second all in favor any you oppose okay now we need a motion to adopt ordinance number six as amended I'll make a motion as amended I'll second any comments all in favor any opposed orance number ordinance number six is adopted number ordinance number seven ordance number ordinance number 7 of 2024 an ordinance enacted under authority of njsa 39 colon 4-17 njsa 39 47.6 and njsa 39 4-1 1977 granting the city the authority to establish a restricted parking Zone in front of a residence for a fee amending and supplementing section 2 50-57 i1 of the sumers point city code repealing all ordinances here to for adopted the the provisions of which are inconsistent here with may I have a motion to open for public comment on ordinance number seven please second all in favor any opposed now open for public comment on ordinance number seven have a motion to close motion to close public portion second all in favor any opposed we're now closed for public comment could I have a motion to adopt ordinance number seven I'll make that motion second any comments uh no just to simplify this all we're doing is going be waving uh for Veterans for disabled veterans disabled veterans because only I to but the the the the the code mentions the Four Sisters partner ons you don't need to be if I'm a veteran and I live in those houses do I get to fee way I'm not a disa veteran they're not handic I know they're not handicap section but they're mentioned in that that's why I'm saying it's is it a veteran or dis a veteran it's for veterans particular comply of the fact that they have a handicap sign already in other words if you get a handicap sign at the front of your hous there us to be one down on New Jersey Avenue about five houses up anybody who was handicapped could have pulled in that spot so actually we had broke out a subsection and there's about five sections of that that's Article 5 of chapter 250 and in that subsection um we then say there's in position of a permit Fe now you've got exclusive right to that that's how that was a creation of ordinance after the original ordinance so that's so the only people who can technically park there are Disabled Vets because they're the people who have the handicap spot FR of their house so we're only waving the fee for handicap paring not for permit paring correct no yeah there's no there is no fee for handicapped parking because they're now getting a permit which restricts that handicap parking spot to them so they get issued a permit that allows them to be the only person that can part in that handicapped spot we so it is the permit that they're not paying for now a little bit few times but I I've now got this committed with the members now okay so we have permanent parking on Gibbs and we're not waving those PS unless they handy right it's not not written the code that way you need the handicap sign first yeah okay all in favor all in favor I any oppose ordinance number seven is adopted ordinance number eight ordinance number 8 of 2024 an ordinance amending chapter 169 littering and Property Maintenance article one General provisions of the code of the city of Summers point and repealing all ordinances here to for adopted the provisions of which are inconsistent here with have a I have a motion to introduce ordinance number eight please I'll make that motion second com any comments just a quick one uh just by way of housekeeping these are just uh General housekeeping uh ordinances that are now being required by the njde so it's just to come into conformance with the D then that goes for nine as well thank you all in favor oppos ordinance number eight this is the first reading introduced ordinance number nine ordinance number n of 2024 an ordinance repealing sections 114-112 storm water control and 114-113 storm water management systems and of article 24 design and Improvement standards and sections 14- 210 through 114 d220 of article 29 storm water and title storm water control of chapter 114 development regulations and enacting new sections 14- 210 through 114 d220 of article 29 storm water and title storm water control of chapter 114 development regulations of the code of the city of Summers Point may I have a motion please so so move second second any comments any comments all in favor all in favor any opposed number ordinance number nine is introduced I have a motion to open for public comment on resolutions only that I'll make that motion second all in favor any opposed we're now open for a public comment on resolutions only and patri here 587 Marks Road um what is Oprah a open public records act records act okay so what does the bill what what's the bill about that you're supporting uh reducing some of the well placing certain restrictions on what are perceived to be abused of that aser record [Music] your that if you have a good date it's relative to whether a private record versus a public record that uh attorney's fees right now are automatically even if I know the judge says well you know this is a CL call I'm going over here you're pay some and but is developed is an actual specialty in the field people watch certain cases that come out of litigation in the Supreme Court and the next day they file an open request for it's about 10 days to respond no one's even seen the new decision and the Supreme Court expanded and so we didn't respond 10 file a claim against there use okay I I got that one thank you there who's got the bid for the pumping stations uh there's two separate contractors know their names yeah one is Windam um the other one believe it's Arthur Henry arth construction station five Force M okay um okay one second I'm sorry New York Avenue School is that your going to go into executive session for that or are you doing it now executive session all right one thing for public comment for me is I've heard that the people who donated that school it has to remain the school or it goes back to the original family that's corre has to be education yes and all we're going to do is a discussion about certain issues we're not making any representations awarding the bid for leasing Marina can and Le higgy Avenue Pier what's the story on both of them it's going to be the uh respondent that been there for the last few years so you're just renewing the lease on both well R we went back up a bit for both both respond they were did they own the pey boats too or any of that the whole thing okay and um the financial uh donation from Shore Memorial is that the the bed charge or they gave us a separate gift that was given to the fire alound no they gave a separate gift in November the police department specifically separate from the so Shore Memorial gave the police department a donation correct okay thank you and also we do it public session okay thank you thank you mtion to close motion to close so moved so moved second all in favor any oppos we now closed for public comment on resolutions resolution number 78 resolu resolution number 78 of 2024 is canell and refunded block 318 Lot 8 may have a motion please second any comments all in favor any opposed res resolution number 78 is adopted number 81 resolution number 81 of 2024 support of New Jersey Senate Bill s- 2930 a New Jersey assembly Bill A- 445 Oprah reform may have a motion may have a motion please I'll make that I'll make that motion second any comments any comments Madam president yes M just as a way of an update this bill did has come out of committee and uh being considered by the Appropriations Committee now thank you all in favor any opposed res resolution number 81 is adopted number 82 resol resolution number 82 of 2024 awarding bid for the pump station number five Force main replacement contract number 17 may have a motion please mov second any comments all in favor any opposed resolu resolution number 82 is adopted resolution number 83 resolution number 83 of 2024 awarding bid with Pump Station number three Force main replacement contract number 13 rebid may have a motion please move second com any comments all in favor any opposed resolution resolution number 83 is adopted number 84 resolution number 84 of 2024 appointment of Performance Marketing and signage may I have a motion please I'll make that motion I'll second any comments in all in favor any opposed resolution number 84 is adopted number 85 res resolution number 85 of 2024 approving proposals goods and services 2024 have may have a motion please I'll make I'll make that motion second any comments all in favor I any oppos number 85 is adopted number 86 resolution number 86 of 2024 resolution acknowledging memorandum of understand standing with the city of Pleasantville and accepting Fire Equipment through the assistance of firefighters grant afg program may I have a motion please Mo second any comments all in favor any opposed res resolution number 86 is adopted number 87 res resolution number 87 of 2024 authorizing executive session any pending or anticipated litigation or cont negotiation in which the public body is or may become a party any matters falling within the attorney Cent privilege to the extent that confidentiality is required for the attorney to exercise his ethical duties as a lawyer advice of counsel and attorney client privileged communication regarding the potential lease of New Jersey Avenue School by the city of Summers point from the Summers Point Board of Education please make make that motion any comments um in favor all in favor any opposed resolution number 87 is adopted we'll be going into executive session at the end of the meeting and I don't believe we'll be taking any action when we come out of that resolution uh resolution number 88 please res resolution number 88 of 2024 awarding bid and authorizing lease for Marina operations may have a motion please make that motion second any comments in favor all in favor any opposed res resolution number 88 is adopted number 89 resolution number 89 of 2024 authorizing lease agreement for pby Avenue Pier may I have a motion please I'll make that I'll make that motion second any comments all in favor any opposed res resolution number 89 is adopted I have I have a motion for the consent agenda please make that motion second in fav all in favor any opposed the consent agenda is adopted anyone have any old business to discuss hearing none does anyone have any new business to discuss we need appr we need approval for a uh social Affair permit application for the American Legion Post 352 for an event July 21st 2024 from 400 p.m. to 8:00 p.m. just for the record I will be uh recusing myself from any of this discussion because this is my nonprofit that this event is for so I will I will because I'm also part of the uh Law Group so I recuse myself also everybody else okay yeah yeah I'm fine with it okay uh also need approval for an extension of premises application for the Anchorage on 427 2024 from 11 a.m. to 5:00 p.m. this is during B I'll make that I'll make that motion second okay all in favor any opposed discussion of the bills Mr Frost uh this evening we have a bill amount of $ 44134 have a motion to open for public comment so move so move I have a second I'll second I'll second it all in favor all in favor any opposed we're now open for public comment please state your name for the record hi uh Gary papach thank you mayor and councel and other officials I just wanted to point out a public safety issue at Rand Avenue and Maryland Avenue there at the bike path there is no sidewalks to get from the Atlantic Avenue across the bike path on a sidewalk properly without going into the Street um gr and Maryland Maryland has one sidewalk that goes all the way through it's missing the other side Groveland doesn't have any that go on both sides to cross Atlantic I just want to point that out for your folks it's a safety concern a lot of elderly and yeah yes Ed O'Donald and uh the world is at its lowest point ever just look at the coverage of Haiti take a look at Haiti take a look at pH take a look at Philadelphia where I L where I spend a lot of time the main solution and this is good at Easter is everybody treat everybody with love kindness friendliness respect oldfashioned manners uh you get the message this will change a lot three three of the recent bus murders in Philadelphia uh and I'm bus 23 to of cuz I ride that bus to Chestnut Hill Germantown when I speak to the Quaker churches there and I've sense for years there was just so much rudess on that bus I sensed there was going to be a lot of violence you could see it so just this one issue of friendliness can turn around around a lot of things in the world and then my parents favorite newscaster was lol Thomas he said there's good news tonight so the three three bits of good news there's a rosary event in Kennedy Park Saturday 12 to one very group sincere group of people there is free ice cream and you'll learn how to make ice cream at the library Saturday at 2 and former Delaware Governor castle and uh thousand thousands of other people have all named me the number one freeloader in the history of the world so I know what I'm talking about the these are very uh very good events and then the uh last a last thing oh yeah Saturday Sunday St Patrick's Day at St Joseph's after the 10 mass or 10:30 check it free uh Refreshments in the basement now Sean has helped a lot of people he does a lot of good work and he is the official biographer St Patrick he but he needs to tell people St Patrick never drank anything stronger than fruit juice thank you thank you we get more details on the rosary event uh no just uh it's 12 to1 they didn't they didn't say any issues we're at the center of it uh that's all I could bring a friend named Tom Smith with me if I attend that were you on the ballot uh I am third party candidate for president I did not go to New Hampshire this year like Nikki Haley I got smart and saved the $1,000 filing fee but I am a right in candidate so June 4th right in in the Jersey primary that's free you don't have to spend $1,000 and November 5th but I am getting more and more publicity I've been on C-Span about 80 times the call-in show which goes Nationwide and ew1 five times Nationwide so I feel good that I'm getting a good message out thank you spilled with two ends correct yeah okayy Google Ed O Donal candidate to president United States thank you thank you pearon 587 marks Ro um I wanted to mention PJ ly in this in this room at this time he passed away he was a local he lived here a long time he stood up here many many times and I just wanted to put it in the record that to remember his memory he was in the construction he had two lovely houses on Shore Road near Charlie's and he was a good guy for the town so that's that one and then also um Michael Owens said about the uh Art Exhibit tomor at the senior citizens at 6:00 the last one was very successful and uh I think uh if you can support it it would be a good thing thank you thank you motion to close motion to close I'll make that Mo I'll make that motion second in favor all in favor any opposed I have could I have um we're now closed for could I have a motion to um pay the bills please I'll make that I'll make that motion second all in favor all in favor any oppos okay take we'll take a five minute recess and we will go into executive session