Good evening. It is Tuesday, October Beach Haven regular council meeting. Please join us for the pledge of allegiance led by Mrs. Snder. I pledge allegiance to the flag of the United States of America and to the
republic for it stands one nation under God indivisibley and justice for all. Jamie's here. Good. Pursuant 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 Burough website and mailing the same to the Beach Haven Times, the Asbury Park Press, and the Press of Atlantic City. Miss Anderson here. Mrs. Bmiller here. Mr. McCaffrey
here. Miss Snder here. Mayor Lambert here. I do not have a finance report this evening. I did not receive that today. So, I'll present that at the next meeting. Okay. I have minutes for approval without formal reading, an agenda meeting from
September 25th, and an executive session also from September 25th. Is there a motion to approve the minutes for September 25th agenda and executive session? I'll make that motion. Second. All in favor? I I
meeting motion approved. Thank you. Ordinance 202521C, an ordinance repealing and replacing chapter 21228.1 placement of small cell equipment and telecommunications facilities of the burough code of the burough beach haven
county of ocean state of New Jersey. The governing body finds that it is in the best interest of the bureau to repeal and replace chapter 21228.1 to provide a more efficient process for review and approval of small cell equipment and facilities while ensuring
maximum burough control and influence over the placement and aesthetic design of small cell facilities to minimize the visual impact on the community but maximize the quality of wireless service available to the burough residents and visitors. Final reading. Since it is the
final reading, we will open it to public comment. Anybody in the audience like to speak to this? No. Anybody on Zoom? I don't see any hands. All right. Any of the council members have anything else they want to say about this one? No. No. I feel
feel good about, you know, how we work this out. Well, this seemed like apparently we're one of the few municipalities going the other way and this really makes it better for everybody concerned. Okay. So, is there a motion to I'm sorry, I said agreed.
Oh, is there a motion to approve 2025-21c? So moved. Second. Miss Anderson? Yes. Mrs. Ball Miller? Yes. Mr. McAffrey? Yes.
Miss Snder? Yes. Mayor Lambert? Yes. Ordinance 202522C, an ordinance amending chapter 212 zoning of the burough code of the Burough Beach Haven, County of Ocean State of New Jersey, reorganizing sections 2128
through 21217, incorporating provisions related to historic preservation into chapter 212, and defining certain processes for the business district. This ordinance is intended to reorganize and streamline the zoning code of the burrow, making it
more user friendly. The ordinance adopts a chart organizing area, yard, and building setback requirements for each district in one location. The ordinance incorporates zoning related provisions of the historic preservation chapter into the zoning code for consistency
purposes and clarifies processes related to the business district and residential units. Final reading. As it is the final reading, it is open to public comment. Anybody in the room? Mr. Halry? John Hal, 319 Carib Avenue, Beach Haven.
Uh, I don't know if it's language. I just need some clarification regarding the uh business district regulations or use regulations under 2122. It basically says that
uh the business district except for single I'm sorry the prohibition of single felling family dwellings in the business district is prospective from this effective date which I assume is the effective date of the ordinance
uh to new residential construction replacing commercial uses. Correct. So that that would tell me that that if if a commercial wants to uh convert to residential is prohibited according to this section. But then
further on it says that um all lots in the district that are converted from commercial to residential must confirm to schedule one. So it seems to be conflict between I don't know if it's
language. It seems to be a conflict prohibiting and then we're allowing. So well yes because it's no longer a permitted use. It will be a conditional use. So if they're interested in converting a commercial property to a residential
property in the business district, they must meet the conditions of the schedule that shows there and go before the land use board to show that they have met those conditions for approval. It's not just permitted and by the code they could do it. They have to actually meet the conditions before the
board. Okay. Thank you. Uh and my my other question is I see one of the prohibition is battery energy storage facilities within 5,000
feet to a residential. What what what does this or how does that ordinance impact what's going on currently in Beach Haven with Atlantic City Electric since that facility received land use board approval and
I I know we're we're waiting for Mation emergency response plans. How does this impact what we're doing with with our current battery storage facility? It won't unless they apply to expand or change what they're currently doing. All
right. Thank you. Think thinking ahead and trying to anybody on Zoom like to speak to this one? I don't see any hands on Zoom for this question. Right. Seeing no further public comment. Is there a motion? I'm sorry. Council,
is there anybody who would like to speak to this? No, I think it's um this been a long I think it's every everything about it I think is a good idea. I the charts amazing. um uh makes things a lot more simplifies, you know, everything. Um I
agree with um the language in this ordinance and I fully support it. Thank you. Oh, good. Yeah. I mean, I I know Jamie, thank you very much. I know this was months and months of work you and the building
department be and Bill and I think it does address a lot of the previous concerns that were voiced and it does streamline and it does make you know everything possible as long as the conditions are met. Right. So is there a motion to approve
2025-22C? I'll make the motion. I'll second. Miss Anderson? Yes. Mrs. B Miller, yes. Mr. McCaffrey, yes. Miss Snder, yes.
Mayor Lambert, yes. Ordinance 202523, bond ordinance authorizing various capital improvements and acquisitions in and for the burough beach haven in the county of Ocean State of New Jersey
appropriating 2,220,000 therefore and authorizing the issuance of 1,779,000 bonds or notes to finance part of the cost thereof. First reading. I can go down the general list if you like.
Okay. Uh the first item, the the DOT road improvement, including reconstruction to streets in the area of Amber Street, Bay Avenue to the oceanfront, 550,000. We did receive a grant towards that of 349,750.
So the amount we're looking to borrow is 190,500. Ocean County schedule C road improvements including milling and paving throughout the burrow including but not limited to what they refer to as boat ramp drive and Taylor Avenue 50,000
remove and replace storm drains on West Avenue and Chadzsworth 200,000 replace bulkhead at Pearl Street 200,000 replace truck for use by the department of public works 300,000
refurbishment of Surf rake for use by the public works department 80,000 park improvement acquisition and installation of equipment at various parks throughout the burough 25,000 exterior improvements to the burough library including restoration and facade
work 350,000 acquis acquisition and installation of police electronic sign board 39,000 acquisition of equipment for use at the beaches throughout the burrow including an ATV and longboards 30,000
fire company equipment including respiratory packs 76,000 first aid squad radio equipment upgrades 30,000 upgrades to replacement of computer equipment computers and time clocks 30,000
police vehicles including SUVs and pickups as required 185,000 uh public works four-wheel drive pickup with plow 75,000 Thank you. Yeah, it is a large capital
budget and unfortunately um so many of these things have been put off put off put off and can no longer be put off. So we know that it's larger than usual and it just has had to be that way because of all the things the
bureau actually needs. Um anybody else like to comment on this? Yeah, it's never easy and um believe it or not, this is pretty bare bones like I mean we'd all like to see more money in certain spots, but this is the best
we could do. I mean, you know, a lot most of this is pure necessity. So, like to thank the department heads. Yeah. For streamlining everything that they possibly could and gave up stuff that
they needed, but they could go one more year without it. Sorry. Thank you, Sher. Okay. Is there a motion to approve? I'll make a motion to approve. I'm sorry.
Oh, no. That's okay. -23. Um, thank you. Yeah, I'll second it. Sorry, Miss Anderson. Yes. Mrs. Ball Miller. Yes. Mr. McAffrey. Yes. Miss Snder. Yes. Mayor Lambert.
Yes. 2025. Ordinance 202524. Bond. Ordinance authorizing various water system improvements by the water utility in and for the burough beach haven in the county of ocean state of New Jersey appropriating 250,000
therefore and authorizing issuance of 250,000 bonds or notes to finance part of the cost thereof first reading and the purpose of the 250,000 as of today is to replace the backup generator for the water plant.
All right. No public comments. First reading. Anybody in the council? And I I don't mean to forget about the members on Zoom. So, please pipe up if you have something you'd like to add. I'm okay with it. After speaking to Sher, we found out
that our generator died, you know, so we it's we had to move things around here and made prioritize this uh for this the money for this purpose. So, I don't It's again um
we need it big time. Yeah. If you want water, we're gonna need Exactly. I don't want to mess with the water system. So, okay. Um everything's so expensive. Is there a motion to approve 2025-24? I'll make the motion.
I'll second it. Miss Anderson? Yes. Mrs. Ball Miller? Yes. Mr. McCaffrey? Yes, Miss Snder. Yes, Mayor Lambert. Yes. Ordinance 202525, bond ordinance authorizing various sewer
system improvements by the sewer utility in and for the borrow of Beach Haven in the county of Ocean, state of New Jersey, appropriating 980,000 therefore, and authorizing the issuance of 980,000 bonds or notes to finance part of the
cost thereof for first reading. um 950,000 for sewer main and LA later lateral pipe replacement throughout the burrow including along Fairview Avenue from Bay Avenue to West Avenue and the Ocean Tops of Pearl Street and Stratford
um Stratford Avenue. Also 30,000 for the acquisition of a jet equipment. It's for cleaning lateral sewer lines. Okay. Again, no public comment at this point. Uh, anybody on the council want to speak to this one?
No. Again, it's sewer and we really need to have this done. So, is there a motion to approve 2025-25? I'll make the motion. Thank you. I'll second if I can.
Thank you, Miss Anderson. Yes. Mrs. Paul Miller. She keeps she keeps Yes. Thank you, Mr. McCaffrey. Yes. Miss Snder. Yes. Mayor Lambert. Yes.
Ordinance 202526 C an ordinance amending chapter 57 beach protection of the burough code of the burough beach haven county of ocean state of New Jersey repealing and replacing replacing sections 57-4
C2A and 574 C2B concerning regulation of private dune walkovers. The bureau, having previously regulated the use of private dune walkovers, including prohibiting the use of same unless a
homeowner installed a dune walkover by 2023, finds that it is in the best interest of the burrow for dune protection and for health, safety, and welfare of the residents of the burough beach haven to revise the burough code related to dune walkovers. First reading.
Again, first reading. So, there's no public comment. Um, council, would anybody like to speak to this? I think it's a a very good compromise that has been going on I guess basically between the attorneys and we cleared up
a lot of things with D and um the EPA and it seems to be a very u compromising thing and we are listening to everybody. [Music]
Yeah, we have um we've really talked a lot about this. We've gone around and around. We've um we definitely did compromise. I mean, some wanted a stronger ordinance than this and this is definitely a middle of the road. Um I think after this past
weekend, you once again can see um why many times these dune walkovers are a nuisance. So, and I just I'm willing to um support this ordinance, but I wouldn't support one
that goes any further. Thank you. Anybody on any of the council me public cannot speak to this at this time? No. Okay. Um yeah, I I think that this is a good compromise because it's been
months in the making. I know there's concern out there about how did this happen? Um it started back in is it April or May? I think it was even April. But anyhow um I went down to the beach today and I walked along. Did you? Yesterday I went Yeah.
And it was amazing because the dunes were eroded where the ocean ate into them for three days. The walkovers were there. They were fine. I don't understand that there is a problem with the walkovers per se. Where the dune was
taken away. the walk right the walkover was taken but where the dune stood the do walkovers were fine they really didn't interfere it was the Atlantic Ocean that did all the erosion and it did a lot don't get me wrong the beach is littered with dune fence and posts
and after an extensive conversation with the D and with our own public works department which was very important and they specified what they would like to see this is the compromise that was arrived at so I'm fine with Anybody
else? Jamie or Lori? No. No. I'm glad you got to go to the beach, Colleen, and look at it firsthand. See what's what. Um I think it's a I'm done. Jamie, do you want to say something?
I just wanted to make uh one comment. I also walked the beach today and um it just proves that we have to do as much as we can to protect whatever dune we have left and fragmenting the dune with
walkways, private walkways is not the way to go. So even though this ordinance is a compromise, I'm still 100% against private June walkovers. And this latest storm should be a perfect example of why
there should be no fragmentation of the dune system whatsoever. Okay. Thank you. Um, is there a motion to approve 2025-26c? I'll make a motion. I'll second. Miss Anderson?
Yes. Mrs. Biller? No. Mr. McCaffrey? Yes, Miss Snder. Yes, Mayor Lambert. Yes. Motion approved. Thank you. Um,
ordinance 202527, amendment to bond ordinance number 202438, finally adopted by the Burough Beach Haven in the County of Ocean, state of New Jersey on November 25th, 2024 to increase the appropriation therein of
645,000 to reflect an anticipated Green Acres Grant, first reading. Last year in our general capital, we budgeted 250,000 for the Jake's Playground uh project at Nelson Avenue. Um
now that we are seeing the contracts and we are ready to move forward, we need to encumber the full amount of the project um to reflect the grant payment and the bureau's contribution. So that's what we're doing. We're amending the
ordinance to show the full amount of the contract that will be run through the bureau's accounting regardless of how the payment is being made. Part with the grant, part with capital. Okay. Again, no public comment. Um, anybody on the council? I was a little confused about this at first because
I thought this was all kind of cut and dry, but then as Sher explained, we still have to show it on the books and we will be getting the money we as promised, but we still have to do it this way. Yeah, I'm excited to be able to to kind
of move forward with this. Um, and I had questions as well that Sher um answered and I'm you know I didn't I always you always you always seem to want to forget that you have to appropriate the right word. Yeah. The
funds but then we will be reimbursed which is the good news. Anybody else want to say about this? How quick does that money come back? Usually not till the project is all finished and complete and signed off on and then we submit out everything for
reimbursements. And there's still no timetable necessarily. Not yet. Once we execute the contracts which will be November um we'll have a better idea of timeline. Okay. Are we thinking this the beginning of next year? Are we thinking follow I mean what what do
I can't even your gut now. Okay. Okay. Is there a motion to approve 2025-27? I'll make a motion to approve 2025-27. I'll second. Miss Anderson.
Yes. Uh, Miss B Miller has left the meeting. Mr. McCaffrey? Yes. Miss Snder? Yes. Mayor Lambert? Yes. All matters listed under consent agenda considered to be routine by the
municipal council and will be enacted by one motion in the form listed. Any items requiring expenditure supported by a certi certification of availability of funds and any item requiring discussion will be removed from the consent agenda and discussed separately. All consent
agenda items will be reflected in full in the minutes. Resolution 219 awarding a contract to Seawolf Construction Corp. Doing business as Imperial Construction and Electric for the 2025 emergency operations center renovation project.
Resolution 222, creating and implementing a long range plan to address drainage issues. 223 is memorializing the design and construction of the Beach Haven stormwater pump station project. 224
returning remaining escrow. 225 returning remaining police detail escrow. 226 returning piling bonds. 227s returning street bonds. Anybody have any questions or would like
to remove anything for discussion? No. Seeing none, then is there a motion to approve the resolutions within the consent agenda? I'll make a motion. I'll second it. Miss. Anderson. Yes.
Mr. McCaffrey? Yes. Miss Snder? Yes. Mayor Lambert? Yes. I have a bill list this evening in the amount of 1,21,738.15. Everybody have a chance to review the bills? Yes. Yeah. All right. Is there a motion to approve?
I'll make a motion. Second. Miss Anderson? Yes. Mr. McAffrey? Yes. Miss Snder? Yes. Mayor Lambert? Yes. That's all I have. Okay. So, now we are to public comment.
If you'd like to make a public comment, please be sure to identify yourself, name and address, and we ask you please hold it to three minutes. So, is there anybody in the room that would like to make a public comment? No, we only have one. and Mr. Halrin is
declining. So, um, Zoom. Laura Simon. Hi there. Yes. Thank you for the opportunity to comment. My name is Laura Simon. We've had a family home on Chadzsworth for 40 years. I'm a wildlife
ecologist. I just once again um vehemently opposed to these uh private walkways. There is no question that they are damaging even if you eyeball them. and it looks like they're doing a good job. There is no wildlife ecologist that will tell you that these kinds of
walkways are good for ecologically fragile dunes. Rather, what we need to do is get plants up there, native vegetation to help anchor the dunes, particularly now we're getting all this damage. Um, again, it's contradictory messaging telling people stay off the
dunes to protect them. But yay, here if you want a private walkway, you know, for $100 a year, you can um have one. It's it's just bad messaging, bad for the ecology. I have three questions. Can I ask them one at a time?
This is a public comment period, so just make your comment. Okay. Well, I I seriously question um what is the legal basis for allowing these? And I'm very concerned that once this ordinance goes through, if it goes through, that there will be automatic
renewals for people. And that's 20 private walkways. You know, when there are 33 public entrances right outside the doors of these private land owners who seem to want private walkways. They're just not necessary. They're ecologically damaging and just not
justifiable. And I hope the council will reconsider putting this ordinance through. I know there's been a lot of pressure from lawyers, but it's still not in the public interest, the environment's interests, or really anyone's interest other than a small
handful of people that can use the public walkways. Again, right outside their door. Thank you. Thank you. Thank you very much. Anybody else on Zoom like to speak to this? Fran Mleti.
Hi. Um, I apologize if there's some background noise here. I'm actually in California driving home with my uh three grandkids in the car. So, I wanted to say I appreciate uh what the council has done uh in looking at the ordinance, especially the improvements that they've
made from the one that was passed in, I believe, May of this past year, which did really very little to protect the dunes. But I think now with u what has been written in the current proposed ordinance that we've both worked together, everyone's worked together to
um kind of make the this dune ordinance uh more protective of the dunes and I appreciate that. I did ask someone today um who is uh you know in in Beach Haven to take a walk down as you did, Mayor Lambert. I appreciate that. uh to take a
look at what damage was done uh at the storm since I'm not in the in the state at the moment. And I can honestly say from the pictures that were sent to me that there was no damage uh to most of these dune walkovers, be either private uh or public. Uh in the areas where
there was damage, it was the dune that was taken away. Uh not not in an area that was eroded by any of the walkovers, but just the dune itself completely removed. um which we found that that's great news because uh the walkover has
created no hazard, no issues um you know to the dune or anything else. Um no breach as it were. Uh as far as ecologically sound, uh I see rabbits all over my yard all the time. I' I'd like to see fewer rabbits because I think that's sort of a danger to that
ecological system and uh they are eating a lot of the dune grasses that are there. I'd like to see fewer rabbits, but uh other than that, there really is no difference and and certainly not in any way um disturbing that ecological balance. I've been on an environmental
committee as well for most of my lifetime and I'm a biology major uh by degree and I have seen no damage and believe me, I do try to protect that. I appreciate the council's um motivation to get this ordinance right and I
appreciate all the work that's been done and I appreciate the compromise. Um and I look forward to seeing where we go with this. I would like to find out if dune grass is available um not only to those 20 or 10 or 15 of us that are interested in planting it, but if that
dune grass is available to all the oceanfront homeowners because our dune is not um just strong because of 10 or 20 uh people who have walkovers, but really uh should be reinforced through the entire oceanfront. So, I'm hoping
that'll be a consideration of the board going forward as well to make sure that that dune grass is available to o all oceanfront homeowners and any other community member who would like to be part of that planting process. Thank you very much. Thank you. Did we um we talked about the
the um grass last time. Yeah, the county provides the dune grass. Um, I don't think it's We've taken delivery of it yet because once we do, Mary Cla puts out an email blast on social media that it's available pick up and it's available for everyone. Okay. Thank you.
We know if it's the same as we've gotten in the past. We talked about this when we met with the D uh up in the, you know, the fishbowl and they talked about giving us a better uh I I forget the difference in the plugs, but one's a better root system than the other. I'm
not sure if they changed, but I remember that conversation that you wanted something with. I personally think that every street should pick a street captain and take care, you know, you know, take ownership of your street, not just our oceanfront owners. Um, certainly it's uh it's certainly a um well, I disagree with
almost everything um you said, Fran, I do agree with that. Um and I think it's important for all of us to get involved in planning our dunes. I also think we got really lucky with this. If you remember after Sandy, it wasn't the case. So, you know, let's hope we don't
have any more or many more nor eisters. It should be noted also that the DUNE ordinance had to be discussed and passed first reading. So, it will be up for everybody to look at and see what exactly the ordinance says.
Um, is there anybody else who would like to make a public comment about anything? No, I don't see any other hands. Okay, seeing none, we will close the floor to public comment and go to final remarks by council. And Mrs. Snder, it's you tonight.
Oh, thank you. Um, well, I'm probably going to say what everybody wants to say, which is um so I'll I'll be short and let everyone chime in, but just a big you know, it was a long weekend. Um, we got through it. I am so grateful to our uh police department, our department
of public works. Thank you, chief, for um you know providing information to our residents and our visitors over the weekend and I think for shutting down Bayad to the best. I know it wasn't a perfect solution and I know it was frustrating for you, I'm sure, and your
other other officers, but I think it's something I I know I've heard from a couple business owners and they're very grateful that we did shut the um you know, shut the road down so that it mitigated the damage from the wakes as we know from crazy people that drive on
the boulevard. Um so, thank you very much. And um I I I texted Colleen yesterday because the sirens just kept going off and off and I I am so as I'm know we all are so grateful very grateful to our fire department or volunteer fire department and volunteer
first aid squad just I don't know I can't I don't even know what happened but the sirens never ended and I just remember them this year when you're giving doing your charitable donations because um the fire department flooded I mean the firehouse flooded you know it's just a mess. And we have a
trunk or treat 10:24. So, please come to the Halloween parade and show up. Hey, thank you, Mrs. Anderson. Do I need to raise a hand? No. All yours is yours. Um, well, I want to thank public works
and the fire department and police department, too. I'm sure it was a exciting weekend that you really didn't need, but we got through it. and thanks to the council and administration for all they do, all the big decisions. Happy to be part of it.
Thank you, Mr. McAffrey. Again, thanking the all the departments for the great work that they did. I think it was a great idea shutting down Bay Avenue. Um, just when they do have the road closed, use the ocean roads
because they're a lot drier than the roads on the bay. Uh, again, trunk or treat is Friday, 24th. The 24th. Yes. And the parade starts at Veterans Park. I don't know the time.
I think it's five, but I'm not sure. And then the next day is the pet parade at Sea Shell. if you have a pet you'd like to dress up. Yeah. And the fishing tournament. And the fishing tournament. Yes. Which is a fundraiser, too. Um again, a huge thank
you to our emergency operations team, Deputy Coordinator Adam Ellander, Chief Jim Marowski, and Deputy Robert Chambers. Um they did an outstanding job for three days keeping us safe and informed. Of course, our police department was a huge part of that, and
I know they did their very best to try to keep our businesses and our homeowners and low-lying areas safe from the wake that people were creating. We're going to have to work on that because it is a huge problem and people just don't understand the damage they
cause. Um, as Kitty mentioned, the fire alarms, first aid, they were going off all the time and our volunteers answered the call. They kept our community safe and uh we can't thank them enough, not just for this past weekend, but every day. Now, the brunt of the work falls on
our public works department and they were out bright and early. They have a herculean job ahead of them, but I know they're up to it and we will try to give them all the support because they have risen to the occasion numerous times this fall when we've had storm systems
pass us by. Happy Halloween. Thank you all for coming out tonight and we'll see you next time. Is there a motion to adjurnn? I'll make a motion. Thank you. Meeting adjourned. I