Star, the official newspaper of the Burough Balmar and the Asbury Park Press. And notice of this meeting was posted on the bulletin board of the Mismal building. Take roll call. Council President Maria Randero here. Councilman Lev.
Councilman Kenny >> here. Councilman Donovan >> here. And Mary Bethco is absent. >> Good evening everyone. Thank you for being here tonight. Um would you please rise and join me in the pledge of 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. >> And if we can have a moment of silence for our troops, their families, and our first responders.
>> Thank you. Before we get into workshop discussion, I'd like to extend our mayor and council's gratitude to our emergency responders, our OEM, our DPW, police, fire, EMS, um, for their preparations, communications, and handling of this
week's noraster. Um, and I'd love to offer them a round of applause. In discussion with our business administrator Kevin Kaine today, I was informed that the police were working directly with DOT with road closures, Brian Pupert and Rob De Martin who were
fast in informing the public about the closure on 35 by 16th and 71 and Billy Mustow and the DPW crew were making sure that the lake levels were lowered um and even manually opened and closed the outfall pipe valve um out of out of an
abundance of caution at the Lake Koma Lake And uh Kevin and Billy, I was hoping that you could give us an update on the Lake Ko outlaw pipe. >> Yeah. Um there there's an issue the Lake Ko um
pipe that runs out to the ocean. There's an issue with with the with the check valve. Um one of the flaps is broken. It's it's happened a few other times because the amount of pressure, the size of it. So, it's not a piece that you can buy off a shelf, so it had to has to be
manufactured. We found out over the weekend it's finished being manufactured. The the contractor just waiting on a ship date, but in in talking to Billy over the weekend at part of the storm prep, uh Billy instructed his guys to actually manually
open and close the valve door. And I'll I'll you know more about it than I did, Bill. I'll let you take over. Uh so in anticipation for the storm and the uh and the uh tidal surge, I've uh I had our water department come in around
the clock on every tide cycle. So as the tide was coming in, they closed the the uh gate valve manually. When the tide started going out, they reopened it again to allow the water to drain the lake. So that prevented ocean water from
coming in and allowed the rain water to drain once the tide changed and water started leaving. >> Yeah. As soon as the Billy's going to reach back out to the as soon as as soon as the the part is received, they're
going to they're going to fix the the valve again, but it's it's happened a few times. I mean, it's they're going to fix it for future, but uh they were they were ready did it manually. So, thank you, Bill. >> Thank you for doing that extra work. Um,
do we have an idea of how long it takes to get it fixed once it's in since this is the third time that it's happened with the valve? >> Well, the install only takes usually less than a day. It's just getting the part here. It's a large pipe and like
Mr. Kane said that it's uh it's it's not a part ready to go. It has to be manufactured. So, we're just waiting on that. >> Great. Thank you. and Captain Campbell or or um Billy, but if anyone has any update on is there anything from the
storm that still needs to be either cleaned up or resolved. >> Uh yeah, if you haven't gone down to Ocean Avenue, there is quite a bit of sand on the boardwalk and on Ocean Avenue itself. Um, our sweeper happened to be broke town, so we uh we got it up
and going today. So, we will be sweeping Ocean Avenue tomorrow as well as uh shoveling the sand off of our book. >> Great. Um, we don't have any ordinances on the agenda today, but we have a good amount of resolutions. uh many of them officially uh accepting grant funding uh
that will enhance the burrow or requesting extension time to make use of grant opportunities uh that are already received. Uh after bids went out, the bureau will be continuing to utilize Delisa waste services for the next three years. So we'll be voting on that today as well uh for approximately the same
cost as this year. Uh after receiving several proposals, the bureau is authorizing a contract with Rehabco. Um for an administrative agent services for the bureau's affordable housing plan. Um and this cost will be covered by the Belmar affordable housing trust fund and
not from our general fund. Uh does anyone here on on the day is here have any questions about the resolutions? Anyone have anything additional for workshop? Wonderful. April, have we received any petitions?
>> I have not. >> And move on to the approval of minutes. >> And I have a motion to approve the minutes of the September 23rd meeting. >> Motion. >> Second. >> Councilman Donovan. >> Yes. >> Council McKenna. >> Yes. >> Councilman Rosiniro.
>> Yes. >> Councilman Le. >> Yes. >> Okay. Uh our first resolution is a resolution permitting the council to adjourn into executive session. Going to read the resolution. Whereas it has been determined by the burough council that
it is necessary to discuss the following specific matter at its regular meeting in the absence of the public pending litigation and contract negotiations and confidentiality with the governing body. Whereas the open public meetings act permits the burough council to exclude
the public from that portion of a public meeting during which such matters are discussed. Now therefore be it resolved that the burough council shall recess into a private executive session from which the public shall be excluded, that the scope of the afor executive session
shall be limited to the matters as stated, that those matters discussed in executive session shall remain confidential until such time as the need for confidentiality no longer exist as determined by the burough attorney. and that minutes of the closed session shall be taken and kept free from public
review until such time that the need for confidentiality no longer exists and that the regular meeting of the burough council shall resume after the executive session at which time the burough council may take action in reference to the topics discussed. Do we have a motion to offer this resolution?
>> I'll make the motion. >> Councilman Donovan, >> yes. >> Council McKenna, >> yes. >> Council RO, >> yes. Councilman Lemon. >> Yes. >> We're going to recess into an executive session and then we'll come back out to
finish the meeting. >> Thank you everyone. We've we've all been on on the other side where we've had to wait for a long executive session. I'm so sorry. We understand that that was um tiresome. But I did hear our attorney told us that there is a group that would like to just make a public um statement
and I'm asking if that's okay with um council if we just allow them um to make a quick statement outside of public session. >> Hello there. Thank you for letting me do this. >> Name and address. >> Thank you. Martha Melco 102 North
Delmare. Okay. Um We just want to thank um Bill MTO for giving us the update about the u outflow pipe in Lake Ko because we all came here because we were very concerned. We knew
it wasn't working right and we weren't getting information about how it would work. So I really appreciate your giving us that information and we asked that we continue to be updated about when it will be installed. It's very important to us because it as you know super Sandy
really affected all of our homes. So thank you very much Mr. >> I will definitely thank you. [Applause] >> It's not just me. It's my whole department. >> Thank you so much. We appreciate it. >> Thank you.
>> Thank you Martha and for those who came um with concern for the outfall pipe. We appreciate it. Hey, before you leave, um what I was going to say during my reports of council is that we're starting a new environmental commission um email list
serve. Um it started as an impetus for getting information out about Silver Lake. But um if you email me tomorrow donovan belmare.com um I can put you on that and you were asking about updates about that valve. I can make sure we we get that to
you. That could be part of the environmental commission. I just want to thank you said my name's Richard Sid del Surf Avenue but I would just like to uh extend the my greatest appreciation to lifeguards
this year who were absolutely wonderful. They they show so much restraint and patience under difficult circumstances. So I would just like to thank them. that I had actually and I just wish there was something you could possibly do with the monies that you generate from the beach
revenues to maybe reward them a little extra so we keep some of these great life >> Mr. [Applause] All right. Sorry for the the close session. And the reason why we did need to go into close session is we are
adding another resolution to our agenda um which is a contract for a new LSRP for 1200 main >> and that project um we have found that there was deficiencies in the initial investigation regarding the
contamination um and uh and in filing with the D and the boundaries of contamination were not established. um the way that they they need to be. So, we're we're continuing to further investigate. Did I get that pretty much?
Okay. >> Yes. >> Okay. >> Wonderful. Thank you so much. Uh in April, what is that resolution that we are specifically voting on today? >> So, if I can have a motion to add a resolution to the agenda. It was be a resolution appointing a professional
service contract for environmental services. >> Make a motion. Second. >> All in favor? >> I I >> Okay. So then it would be resolution 2025 192. It is a resolution appointing
the firm of Prestige Environmental as an LSRP. >> Make the motion >> for the 1200 M Street project. So I have a motion to adopt that resolution. Motion >> and a second. Second. Councilman
Donovan, >> yes. >> Council McKenna, >> yes. >> Councilman Randero, >> yes. >> And Councilman Levis, >> yes. >> Okay. Are we at um reports of council? >> Reports of council. Um Councilwoman
Donovan. >> Thank you, Council President. Um the environmental commission along with patchwork for wildlife held a sustainable landscaping workshop on October 4th. Um that towards the town to find and recognizing outstandable
sustainable yards. Um and we wanted to thank um everyone who participated in that workshop. Um we also continue to develop the community energy plan and we are meeting with department heads as well as businesses to gain input. Um and I was asked to give a special thank you
to Jenna von Nest who works here in in the burrow. Um we also wanted to extend the thank you to DPW um feeling it must be your appreciation that night. You've been incredibly responsive and we really appreciate it. Um the fall fest come out
for the fall fest on October 25th. This will feature a car show along with other um vendors. So please come and enjoy that will be between 8th and 10th. Um and that is it for us. Thank you. Thank you so much, Councilwoman Kenny.
Thank you so much. Um, I just wanted to say thank you to Claire and Sharon for organizing and letting us know about the run for the fallen. It's always such a good event. That was on the 28th, September 28th. We were all in attendance. It was It's just such a nice run every year. So, we appreciate you
cluing us in on that every year. Um the shade tree commission will be planting brand new eastern red bug red bud trees, not bug bud trees um on the east side between 10th and 12th Avenue like across
the street from the school. So that's going to help beautify our main street. That's going to happen this fall. Um St. Rose High School is hosting a public school shadow day on November 6th. If you're interested in having learn or having your family learn more about
going to St. Louis High School, you can certainly see what a day in the life of that is by following a student around. You can register at srhsnj.com/pub school shadow day. And Belmar Elementary School, their Belmar Elementary Education Association is sponsoring a
team for Mary's Place by the Sea Walkathon in Ocean Grove this Friday. This is for breast cancer awareness. The school has been raising money with big sales and pink out dances. Love it. So, and they've raised uh they raised about 9,000 last year and they're hoping to
match or do better this year. And I just want to thank everybody who came out to my skatepark for our skate park fundraiser this year. I do take this very personal um um to support the skatepark um building our new skatepark in Dempsey Park. We had uh we named it
Shredfest 25 and we had I think at least over 150 people come make donations. There was a gift auction with amazing prizes. Everybody was happy with the prizes. Um some of our bigger donors were Robin's Nest, the Darden Fund, Dolce Vita, Jacks by the Tracks, and DVO
Construction. So, thank you to them. I also want to thank the bands that played. They donated their time and their energy and put on a great show for us. And um it all just raises awareness for our skate park and donations and money and we're getting we're getting there to be continued. We're getting
there. So thank you everybody. Thank you so much Councilman Leus. >> Thank you Council President Jody. That was a great event and the music was spectacular. So you can tell you did a good job. >> Um uh the Friendly Slay hosted the Pat
McGovern 5K two weeks ago. They raised some money. I think they donated some to the skate park as well from that. Um, and then, uh, in other news, just, uh, WCK basketball signups are going on now. Um, Delmore rec soccer is just ending. So, I want to thank, uh, um, Barry and
all our coaches who volunteered to help out. That was a fun program this year. That's all I have. >> Thank you so much. Um, the mayor and, um, the mayor of, uh, Avon, uh, Ed Manano, and, uh, Mama County Commissioner Tom Arnon all came to the
small business. um workshop that um was about getting grants from the New Jersey Economic Development Authority to see what could help um some of our businesses, especially ones that are impacted by this bridge closure. Um so
it was it was a wonderful program. I've asked uh Jennivan Nest if we can put some of those resources that were given at that meeting uh on our website so that those who weren't in attendance can also access it. I know a few businesses have already reached out to me, weren't
able to be there and wanted to know what is available to them. Um, so we'll make sure that's on our website and we'll post it to Facebook as well um to let you know that it's there and where to find it. Um, we received a email um from
Kathy Guzman um of the New Jersey Economic Development um and I'd like to read it. It said, "Hello, Mayor Buckfasco and team Belmar. The small business grant resource workshop on 107 was a huge success based on the turnout. There were 30 businesses and the
overwhelming positive feedback from the attendees. We are so grateful for your partnership and hospitality. Your team went above and beyond to make this event a success. Jenna's hard work and dedication is unmatched. She introduced us to almost every business in Belmar over the past few months and did a
fabulous job getting the word out about the programs. Uh, the Taylor Pavilion was the perfect setting and the view made it extra special. Barry eagerly set up for the event and Jenna made sure everything ran perfectly. We look forward to continuing to work together
to support the small businesses in your community. Um, so that was a nice email to receive and we can also support our small businesses by please shopping local. Um, especially during these times where we're thinking the holidays. Uh,
think small think local here in Belmar. Um and then on my side here we have four um veteran banners that are going to be added um for Veterans Day for our hometown heroes program. And if you haven't seen on um I think it's from
10th Avenue to 7th Avenue on Main Street, the Belmar Historic Society um have these beautiful banners of oldfashioned Main Street Belmar. So, those will stay up as well with the veteran banners um through November. Um
but they're beautiful. I mean, there's very cool uh pictures of Freriedman's Bakery right in front of Beach House Brewery, and it just brings the history of of Main Street home. Uh so, thank you to the Belmar Historic Society. And then
for the library, we have um Dewali. So, please, please, that is Thursday 6:00 p.m. Uh, if you haven't already registered, it's at the Taylor Pavilion. You can register online. If registering online is is a challenge, you can call the library and they'll register you.
And that is all I have. Thank you. Uh, next we have public session. If anyone would like to comment or ask a question about a resolution on the agenda, please step forward and state your name and address. Uh Eugene Kramer, Fourth Avenue. I have a question actually
about the bill pay list. By the way, uh uh I checked the burough website uh at 5:00 before I came over here and none of these none of the resolutions were available online. Um
in any case, the only resolution I was I was able to look up was the payment of bills list. Uh could you please take a look at uh page 10? And uh that's payment to Kevin Kennedy. uh he's the
zoning board of adjustment attorney. Uh you'll see a uh an entry there payment and it says for Belmar in litigation. Uh it doesn't indicate whether this is being whether the bureau is paying for
this or whether there's been an escrow account. Usually uh if the if the zoning board attorney has to uh work on on something, he charges the
escrow account that the applicant files. I couldn't find that, but in any case, uh Belarin, as you know, that was approved a couple of years ago, and apparently uh uh this is still going on. In fact, at the last
public hearing here, um there was somebody that made a comment that uh that the zoning board is still involved in in litigation with this uh with this matter. Um now, there's 24,
if my memory serves me correctly, there's 24 delux deluxe condominiums uh that the developer had gotten approval for. And I guess my question is uh is that developer uh going to have to comply
with our recent uh 20% set aside for affordable housing? >> I I don't think that's on Thank you, Mr. Kramer. I don't think that that specific is on the the resolution. I'd have to get um an answer for you. If you want to talk during public session about that
again, I can get that answer for you. As far as Mr. Kennedy, do we have a an answer for the litigation cost? >> Right. The um the escro serves to pay the attorneys and the engineers
uh for work in reference to the actual actual uh application before the board. Um after that when it goes into litigation on appeal uh the parties pay their own legal expenses. So, uh, legal
fees for the appeal to defend the appeal would be, uh, the responsibility of the burrow and not the applicant. So, that that's the way it it works out. >> Thank you. Thank you, Mr. Kramer. You certainly can bring that up back up in
public session if you want the other part of the answer. >> I appreciate it. >> Yeah. I I guess my question would be uh do we want uh the zoning board attorneys to uphold uh the decision that that the
zoning board had made uh in as much as now we have uh this uh affordable housing obligation that we have to deal with. >> So and I can just answer this quickly so we don't have to do it again. So the the the
developer um is entitled to the laws as they existed uh at the time of their approval. So it relates back it's not it's not the time of decision of the appeal but the laws that were in effect at the time actually when they they act
when they filed the application. It's the time of application rule and those are the rules and the laws that will govern. So then the answer is no that they do not have to have the 20% set aside. >> They're not subject to it. Right. Right. >> That's what I thought.
>> However, is the burrow a a litigant in this? In other words, uh uh like I said again, I guess I would rather see and I think probably all of us would like to see that that developer
uh add to the uh number of affordable housing that the town the town now is obligated in. Um >> so the burough was not a litigant. um the planning board or the zoning board I
I I assume was uh engaged but the that's not the burrow and and as I said nobody can force the developer to do anything other than what he was approved for. So that it's it's not something
that we could achieve. >> There's no way to intervene in this matter. In other words, wi with this whole affordable housing obligation that we have here. First the the bureau announced that it had an obligation.
Then we had interveners coming, developers, >> right? It's it's >> we don't have any right to intervene to change a decision made by the zoning board of adjustment. >> Okay. I'm very sorry to hear that, but uh if that's
>> I wish I could tell you different law, but that's that's what it is. >> Okay. >> Thank you for the the comment, Mr. Excuse me. If the bureau is not involved in this, then I I guess the uh zoning
board attorney is defending the decision of the zoning board adjustment. Yes, >> that's correct. And that apparently appears to be still ongoing, right? >> I'm not certain of the status. I think it I think it has concluded, but
>> I I actually I thought it was done to my head. I thought it was some initial appeals. >> Uh and there was an announcement that the developer had prepare, you know, prevailed, >> right? >> Uh but now here we are a couple years later and Mr. Kennedy is still uh
apparently defending the zoning board's decision. I guess we can hope that uh if uh I if the uh litigate, whoever that is, uh that's appealing the zoning board
approval prevails, then uh the town would have an opportunity to uh in other words, if if the original approval date would was >> I I understand where you're going and you may have a point on that. If that
occurs, but if that occurs >> then then we we'll we'll look at it. >> As far as we all know, that's been closed out. That case is closed. >> Yeah. I I just don't know for sure what the status is. That's what I think as
well. >> And these are probably just the final bills from from Kevin regarding I you know, I haven't seen the bill. you'd have to take a look at it to see when it's from and what it's for. But um yeah, that that's that's my understanding as well.
>> There was a second appeal to the Supreme Court and the person who filed the appeal decided to withdraw and so now it's done every they can't appeal anymore. >> And that was fairly recently, right?
>> Right. Yeah. Within the last few months. So >> it should be wrapping up. Those might be final bills from >> possibly. >> Sure. >> Thank you for that information. Um, we'll we'll move along so we can get through to the resolutions. Mr. Kramer, we appreciate you for sure. Thank you.
If if you do want to ask more or comment more, you can during public session. >> I I got my answer. It's just that it was a very interesting project. I was just curious as to what's and wondered quite truthfully why Mr.
Kennedy was still building the job. >> Understandably, does anyone else have any comments on um any of our resolutions? >> And I have a motion to close the public session. >> Motion. >> Second.
>> All in favor? >> I. >> Can I have a motion to approve the resolutions as listed on the consent agenda? I'll make the motion. >> Second. >> Councilwoman Donovan, >> yes. Counciloman Kenny, >> yes. >> Counciloman Romero, >> yes. >> Councilman Levice,
>> yes. >> Okay. And there are no ordinances on the agenda. So now we're at the regular public session. Please remember to state your name and address before you speak. And we're going to ask that you keep your comments to under five minutes to
allow for anyone who wants to speak to have the time. CL 18V. Um, I'm sorry that Mayor Kusco's not here, but Maria, I thought that you would break Mark's record and just had
the meeting for five minutes. I'm so sorry. >> It's good to see you sitting. >> Sorry. >> Thank you. Anyone else? >> Mr. Kramer? >> Excuse me. Is this public comment? >> You're in public session now. Yes. Okay,
>> thank you. Eugene Kamemer, 4th Avenue. Um, with the bridge closure, um, you know, I guess we're all concerned about the traffic flow here in town, uh, this might be a very good time, uh, to
convert, uh, D Street to a oneway. Actually, u not that long ago, uh it was determined that the burrow's streets, which are 60 ft right away, uh cannot support parking
and two-way traffic at the same time. And uh all the streets were uh were were changed. A street is one way, B Street one way, C Street one way, E Street one way. The only reason that D Street was
kept a two-way street was because the Belmar First Aid Squad driveway emptied on to D Street and they wanted to be able to go either north or south. So, that was made a two week two-way street.
However, that doesn't change really much anything anymore. Uh, number one, the Belmar First Aid Squad is no longer there. Uh the other thing is um the uh there are advantages that were found uh
with having uh the streets which are only 60 ft right away as compared to the avenues which are 80 feet right away. There are advantages to to making them one way. I guess what my recommendation
would be to change D Street to a one-way street. You actually pick up more parking spaces, street parking spaces. Plus, uh you don't force uh Delissa when they go around with their truck to uh
knock down any of our tree canopy. That's just my comment. >> Thank you so much for your comment and recommendation. We'll definitely discuss it. Anyone else? >> Can I have a motion to close the public
session and adjourn? Motion. >> All in favor? I