anyone to call to order oh sorry Welcome to The Bu of Beach Haven Council special meeting uh today is Tuesday November 21st 2023 and it is four o'clock uh we're GNA have the flag salute led by Lambert FL to the flag of the United States of America One Nation God indivisible with and justice for thank you personent to the New Jersey open public meetings act adequate and electronic notice of this meeting has been provided by posting on the bulletin board in the Beach Haven municipal building on the burrow website and mailing the same to the beach Haven times the Asbury Park Press and the Press of Atlantic City Mr Batista here Mrs B Miller here miss Lambert here miss Snider here mayor Davis here uh resolution 220 2023 is adopting a Redevelopment plan uh with Queen City properties I'm sorry the Redevelopment agreement with green City Properties LLC for Block 170 lot two kitty did you want the council to speak did you want Emily to speak first well I did I I'll just speak a little bit because I did um sit down with Mr pagata and his associate Mike um and to go over the sort of the aesthetic details and the building materials bike racks and the N such and we did come to um I think a pretty extensive list of um requirements regarding siding rail system columns Windows window trim um even the screws in the window trim Foundation sofits decking decks roof pitch signage Ro the roof itself lighting benches bike racks the buffer ground cover in the back and the step back between floors um I'm happy that it's going to be Cedar Shakes it's going to have an Intex rail system which is something that we've always approved in in the historic district it's it's a high quality rail system um Anderson Windows 400 series the rear of the building will be a hearty plank there will be some board and Baton on the first floor the commercial floor in the front and then Cedar Shake everywhere else on the north west and south elevations um The Brick Foundation veneer um meets our standards the sopit on the first floor will be mahogany uh the decking is cement with limestone treads uh there's a a good roof pitch the signage is either going to be carved or sand blasted wooden um and will be extreme externally lit um and it may not be a sign that actually lights up so that'll that'll um I think mitigate um harshness of light the other lighting I think will meet um your approval in regards to it being downward and and some decorative lights nothing too harsh it's I think it's I think it's a really nice plan it looks really good um the sofits yeah the decorative lining benches they're going to be placed out front up against the building so we don't have to worry about them on the sidewalks at least two bike racks uh one on the south of the porch kind of around the corner and then one on the northwest hopefully in front unless it's a tripping Hazard and then they'll have to decide where to put it um the ground cover in the rear will be Crush shells solid wood and fence f with a lattice top will act as a buffer on the east side it's kind of a a funky a match you know uh property line there and the step back between floors will be 5T at least between the ground floor and the first floor six to 7 feet at least between the first and second floor first floor residential second floor residential and then the windows they're Anderson 400 series The the gliders will be French door gliders on the first floor residential and that's that's about it for the the um building materials and then there's um one clarification is that the French doors will be two over two per door correct per panel divided lights per panel um and you had indicated that that's not clear correct in what's written so um I did confirm that that is acceptable okay um and so we will make that adjustment yeah I think that'll look better because then it'll match the windows or two over two on the top sash so I think that yeah that's the only difference between what you what you were sent earlier um and what you'd be approving yeah I feel confident that once built people in town will hopefully including myself not regret the decision and think it's you know hopefully it'll be a an attractive addition and it will attract successful businesses or business so and um just for council's um information this Redevelopment agreement will be provided to the Landes board um not only to the board members but also to the board solicitor so that um reference to these items that um council president just went through um are in fact included they may not be changed by the land use board if there's going to be any change and what any of this information and these requirements are it has to come back and come through Council oh okay okay so they're non-negotiable at the land use board okay thank you um I have a question I'm trying to figure out why the urgency of this meeting now we just had a meeting last week we have a meeting next week so why this emergency special meeting this week over this plan because we've been with Mr pagata for about a year and a half now we've had three incarnation what was the urgency to have this meeting so it's been almost two full years but um the Foster um matter is contingent that sale is contingent on them getting their land use approvals and um in order for them to go and get their land use approvals um Mr pagata has to be comfortable that this is going through as well and so um just for expedience and ensuring that we are moving forward as expeditious as we possibly can um the suggestion was made that a special meeting U may be scheduled um and so at my suggestion um but really just so that we could ensure that uh The Fosters deal actually stayed in place and is going through well the f I mean we met the people last week yes and I'm sure I don't know if you've all seen it but that property is still listed for sale in the paper which you know I just think that we could have done this last week couldn't we uh no we didn't have all of the um the exhibit okay so but why not next week I I just feel that this is being pushed for some Personal Agenda or reason and I don't understand that truthfully because you know I've heard a lot of comments since January about Council having personal or hidden agendas and to me this kind of epitomizes that concern I mean there's really no reason to do it this week and I think the voters made a very strong decisive statement that they weren't happy with the way things were being handled and now here we are kind of like rushing to get this in all of a sudden and um I just question why I you know I I don't I don't see the need for it truthfully especially on a holiday week at 4 o'clock when half the people can't be here again um those are my concerns Colleen you said that you talked to somebody that's said that Council had hidden agenda here people have raised that concern to me for a long time they're like it seems like there's a lot of what council what council members would you referring to they didn't say specifically but infer what you want and I'm not going to infer anything you know I say I I would like to just say that I I I think that I have no Personal Agenda my largest disappointment since being elected is that so many people do think that they have this um and I you know this a a vision of council doing things behind closed doors and meeting you know inappropriately and it's disappointing because we we as we sit here all know that does not happen I mean it just doesn't happen and It's upsetting I mean what that's that's that's politics right I mean that's what happens but I I don't think I mean I it wasn't my idea to have this meeting but I I'm fine being here I mean I was busy today running around but here I am and I don't think based upon I wanted the the buyer I'd like him to be able to move forward as quickly as possible he made that clear at the last meeting that he was in a hurry to do that and you know because he wants to get going and it's been a long time before I became a council member so I don't have a problem with it and it is not because we're trying to sneak something by and and and I think we could have objected to it earlier than tonight I did I mentioned something to Sher last week well I guess she the majority of council was okay with it so I just want to make my feelings known yeah and that I would I respect that I Just Disagree thank you uh Kitty one question the sidewalk I didn't hear what is the material on the sidewalk well concrete or bricks in the front it's brick correct has to be brick and then how about on the side street I would think the brick would go all the way around I'm not sure but it's engineer for the streetcap uhuh and then what about the lighting it curves around and then I believe it's cement or just like the rest of the Barrow the lighting is it consistent with the lighting that's going in front of the it is it's the the the the and you would know better than I would about this yeah the the street skate plan is always dependent upon the width of the sidewalk so we take a look at the width of the sidewalk and but if lighting if there's room for the street lights it would match the street lights that are in the m is that in the plan in the agreement it's not in the agreement but it will be um every applicant that goes before the land use board has to comply with the street skate requirements okay so it's there em I just have a a question and I should have asked it at the previous meeting but it just came up are the eight parking spots on Long Beach Boulevard is that contingent on County approval or was that already approved by the county because this plan is is different in where the older plan had there was no parking they had all the parking necessary but this plan is a little bit different so I'm not exactly we didn't get formal approval from the county but we did talk to them about it when we went up for our engineering meeting and they didn't object okay all right then um I have one question of Emily if we're moving forward um so The Fosters property yes in my mind this project on this side of the street was the contingent upon keeping Fosters and so how are we guaranteed in this process now that in fact The Fosters project will close and there's no guarantee that they'll be successful that they can continue in business but how do we know that they will move forward with the plan that they've presented to us in all these meetings over all this period so the Redevelopment plan that was adopted is superseding zoning meaning it's replacing the zoning that was previously there can you hear her no you might want to move the microphone closer the the zoning that was put in place through adoption of the Redevelopment plan is superseding zoning so it replaces what was previously there that I understand and that is the best assurance that you have that this property is going to remain a commercial Enterprise in virtually the same footprint any changes to that pursuant to that Redevelopment plan are required to come back to Mayor and counsel and so if a different commercial use um a different footprint for the building if someone wanted to raise the building and still do a commercial Enterprise has to come back to Mayor and councel for approval from you before they can go to the land use board that's the best Assurance you can have no residential strictly resid itial can be built there pursuant to that Redevelopment plan um any change in use again even if someone wanted to go to the land use board for a use variance they'd still have to come back to Mayor and councel to get approval of that before they could go to the land use board that's the best Assurance we can get um we can't get an agreement with The Fosters folks and require that by doing that superseding zoning because this is a Rehabilitation area not a Redevelopment area and the burrow doesn't have the authority to exercise eminent domain and if you do a superseding zoning and require a Redevelopment agreement for someone to use their property that's considered a taking and and we just don't have legal authority to do that so we had to make a decision are we going to do an overlay and require a Redevelopment agreement or are we going to supersede that zoning to make sure that strictly residential doesn't get built by anyone even Mr pagata if the sale doesn't go through so this this zoning doesn't apply just to the new owners of Fosters it applies to anyone who may take ownership of that property and that's the best guarantee we could come up with because there there really was no other way for us to be able to um solidify that agreement if we wanted to have an agreement with with um the Jersey Girls people then we had to do overlay but that doesn't solve the problem of making sure that that's commercial that that corner stays commercial so the suers seeding zoning makes sure that that corner stays commercial yeah we we had that conversation earlier so what just to confirm what you are saying is that the plan and the agreement regardless if the sale with the new owners let's say it doesn't go through tomorrow it doesn't matter that is now commercial that cannot residential that is correct and and I uh confirmed with um the attorneys for U Mr pagata that there is a contract um it is contingent on them obtaining land use approvals for the Foster site um for the presentation that you've seen um and and for the Jersey girl um operators so once they are through land use um and they are scheduled for January from what I understand uh they will close the next day um should they get approved at land use have they made an application yet for the land use they were too late to get on a December agenda so I think they still have um a little bit of time I think it's three weeks ahead of the the um meeting date before they have to get everything in okay thank you you're welcome any other questions n no good so so at this time um would anyone like to make a motion um to adopt the Redevelopment agreement with pagata number 2 220-223 I'll make a motion Nancy thank you I'll second thank you Mr Batista yes Mrs B Miller yes Miss Lambert no Miss Snider yes mayor Davis yes resolution 221 2023 authorizing an executive session to discuss ongoing litigation of Beach Haven Automotive Inc versus burough Beach Haven and B Beach Haven versus holiday snack bar do I have a motion to approve 221 so move so move thank you thank you all in favor I I thank you do you want to just stay in this room we have her on Zoom um we can do that we should do public comment get that out of the way okay so at this time I'm going we're going to um invite anyone who would like to speak um in the public comment section SE section of our meeting sorry Mike mcaffrey 300 Jeff Avenue thank you uh I'm sitting here listening to this that this is contingent upon this and that's contingent upon that I don't understand why we had to have a meeting today because it doesn't seem seem like anything's going to get done until at least January so I I don't understand why we had the meeting today Miss thank you I mean Miss given just spoke to that and I'm comfortable with that I not because I don't you know I don't know what you want me to say I guess I it seems like there's something a little bit de seful here I don't well I'm sorry it may not be but that's the impression that I'm getting well I'm sorry you know I don't know what to tell you because that's not true to the best of my knowledge I'm just saying that's the way it seems like anyone else yeah hi my name is Bill Hudson Lor's Island and motel I say this very respectfully to Colleen and Mr mcaffrey we've been doing this for a year and a half I think it's more than that I think it's two years to be honest with you it is that's what I thought and to have a meeting this quick is not quick I say this again respectfully to Mr mcaffrey and Colleen it just goes on and on and on okay we need to get it done get those properties up and running and that's my comment thank you very much thank thank you Mr Hudson let me just point out to you since you brought it up that we haven't had a special meeting all year for any reason and we had meeting next week we have a meeting we had a meeting last week so this has been going on for two years you're right so all of a sudden there's this tremendous sense of urgency that's my concern but my concern is I'm a business person just like Jersey girl and Jersey girl and pagata have agreements they probably have loans they probably have documents they probably have all things that they have to get done as Sher was alluding to and I don't know why can't understand that one week it would be done in one week and and tomorrow at 4:40 people come back out of this agreement they could anytime the last two years let's just we're not supposed to be doing we Not Gon to go back and forth thank you for your comment let's just get it done thank you anyone else okay well then at this time I will um we have a hand couple hands up on Zoom oh sorry sorry I'm like not usually doing forgot about Theodore Lambert yeah hi Theodore Lambert um can you hear me all right yes yeah okay great thank you um first of all I did hear the um Jersey Girl people last week talking about what they were gonna do with Fosters and it sounds beautiful it sounds lovely I'm sorry Theodora did you state your address I'm sorry 516 North Atlantic Avenue okay great all right so what they want to do the Jersey Girl people sounds wonderful for The Fosters property however that building has been empty for how many years now it could have been turned into that for many years now without giving away D variances across the street so I don't know why this whole had to come down as it was if they wanted the property they could have had the property and done exactly what they wanted to do and just a few years ago um Council was trying to pass resolutions to keep the business district a business district district and um business owners came out vehemently against it that you could not tell them what to do with their property so that all kind of fell by the wayside so I'm shocked the business owners are not on these meetings and protesting again because we were really on a slippery slope here telling businesses what they can and cannot be because you could tell kaplers that it has to stay a pharmacy and raml it has to stay a liquor store and it could go on and on so just want to point that out and um it just doesn't seem like that's the way the town wanted to go a couple years ago so it's surprising that that's the way we're going now thank you thank you Deb whitcraft any you hear me yeah okay Deb Woodcraft 528 doc Road um I know there's only three minutes but uh you know Bill Hudson appears at all these meetings he doesn't even live in Beach Haven he has a lot to say about what goes on in Beach Haven and I think he should pay more attention to what goes on in Long Beach Township and you know don't don't decide he's going to orchestrate what goes on in a town in which he does not reside that's number one number two is the 10 years that I was in office I don't recall ever a time when we took two separate properties and had the conditions of one property contingent on what was given up at another property I think what's going on between Fosters and the Brennan Station if if people think something's going on and there's a hidden agenda in what What's Happening Here I think they're absolutely right and to have a meeting this quick and jam it down the throat of Beach Haven residents and taxpayers it speaks volume to the failure of this Council to be as transparent as they should be and I'm just I can't believe I don't remember this ever happening in the history of Beach Haven where you had two separate properties and gave one person everything under the sun they wanted that's outside normal zoning regulations in exchange for another property stay in a business it should be severed both properties should be looked at independent of each other and I I'm just shocked that this Council thinks that this is okay to do that's all I have to say about it thanks Deb anyone else ah okay quickly Bill Hudson Lor's Island and motel I say this respectfully to Debbie um I have over 2,000 customers of season come and they come to Beach Haven to shop to eat uh to have fun and everything else so I think I do have a voice sending 2,000 people to this town uh to have all these different businesses uh gain um some monetary benefit thank you very much thank you very much okay anyone else if not close the floor to public comment and um make a do we need a motion nope so we're going to be going into an executive stive session but we're going to be staying in this room I believe you want to do that okay we're going to be going into executive session at this time we will be in the executive session approximately 1 hour no formal action will be taken during the executive session or uh anticipated afterward as well so I think we're going to stay in this room for executive session if you'd like to stick around for the end of the meeting you can sit outside there's a bench out in the hallway thank you may I um suggest that uh Mike mcaffrey stay with this executive session if that's appropriate y thank you we are reconvening the public meeting it is uh 5:50 PM any final remarks by Council no thank you I'll go first since Colleen left um I just want to wish everyone a Happy Thanksgiving enjoy your families and um a lot to be grateful for thank you and Shop local this weekend and Shop local small business Saturday yeah all right perfect do I have a to adjourn so moved second thank you meeting adjourned