32. I will call the >> I will call the >> I will call the workshop meeting of the Lake Ko mayor and council quarter order. Um we have an updated agenda for our workshop. We originally had one item on
our agenda and that was a discussion with our burough engineer on the NJD uh meal requirements. I've added a discussion regarding uh two ordinances that are on our agenda tonight and that is the fair share housing amendments and
a fair share housing overlay. Um so we will be discussing both of those during our workshop session to allow for greater questioning and um more discussion on those topics. We will first start with um a discussion or
presentation really on the NJP real requirements uh from our burough engineer Samia. Um if anybody has been reading the papers and knows what's going on, the New Jersey Department of Environmental Protection has come up
with new regulations and guidance on flood zones, if I'm saying that correctly. um and additional requirements to houses in um set zone. So I'm going to give leave it up to you Sam to really explain to everybody what I'm talking about.
>> Yeah. So thank you everybody mayor and your face Sambakian. So what the mayor has been talking about is the new real act. Rel is the resilient environmental landscape act. It was passed by Governor Murphy and what it does if you look at this map I thought best to articulate
it. FEMA I'll come all the way back. FEMA has what they call flood hazard areas. Whether it's coastal or inland blue, it's areas that you have a high percentage chance of being inundated by flood during a major storm event or coastal flooding. So if you look at your
map right now, the blue area is what is currently FEMA's flood hazard area. And what you see in yellow is what they call the climb the cafe, climate adjusted flood elevation. It's the inundation zone is another name they're using. what the inundation zone was originally
intended to be was uh in the year 2100 and I I'll go all over the place and feel I please ask questions because I know I'll get over it. So a study was done and they uh the state had gotten together with different professors and professionals from all over and they
come together and said in the year 2100 the state of New Jerseyy's flood elevation will be 5 feet higher than it is today. Uh when that was first introduced, a lot of questions were had uh transparency issues were brought up because they had a public comment period
that had gone on. Uh and questions were put out, hey, where are these numbers coming from? Long and short of is it came out to say, hey, that would be the the most drastic circumstance that could ever possibly be if all the polar ice caps melt, if you know, global warming was to continue at the rate it is. And
then that was where the inundation came in. Inundation zone throughout back and forth the state had adjusted through after public comment had adjusted their 5t to 4 feet. Now I say five and four I also want to be clear uh freeboard is
what we call a factor of safety. So when we have five feet it's actually five feet plus one foot of freeboard which is a factor of safety. So six. So what the state is proposing or state has enacted is 4 feet plus one which is 5 feet above the base blood elevation that FEMA comes
out and states. Now we can certainly I could I could talk to you for a long time. I can tell you my opinions. My opinions quickly are the state of New Jersey had come out and said that FEMA's flood hazard areas weren't conservative enough for the state. FEMA currently is adjusting their
flood hazard elevations, flood flood areas, and that hasn't come out yet. So, there's really no way of knowing if they are or are not conservative. Um, so to bring it all the way home, uh, I don't mean this map to scare you, but to bring it all the way home, what that yellow area will now be the inundation zone
within the burrow that if you're going to be doing construction, that's a major alteration, knockdown, rebuild, uh, a major development, anything that such, you will now have to meet that 4T plus one foot of freeboard. Uh, that was where you'll see the homes rising. That's where you'll see the homes on piles. That's where you'll see all your
mechanicals at that base flood elevation. Uh, currently right now we're in what I'll call the the grace period or the grandfathered area. If someone were to get an application in and have permit approvals that they needed to the DB, they're grandfathered till July
19th, which is actually a Sunday. So, I'm hearing it's going to be the 20th, but that until this summer, you're grandfathered in. After that, this rule is in effect and those standards will be in place. Again, I don't mean to come here and scare you, uh, but we thought it would be good for transparency. Um in
the background there's a lot of other municipalities and government entities uh we were actually just talking about just recently the county mammoth and ocean have come together to oppose it. Uh league of municipalities is opposing there's a lot of lot of entities um
opposing it. My my two cents on the fact is I don't think D recognizes the burden this is going to put on the coastal communities and just building in general. Uh you could look at any of our coastal communities, everyone's unique, including Lake
Columbo. Everyone has its own little charm. That charm, if you're now raising all those properties, in my opinion, is going to affect the layout and the look of all the municipalities on the coast. Um so it is something that's important. It's something that everyone should be aware of. And uh I'm here to feel any
questions. So, just to to talk about this a little bit um before I open it up for questions, the blue part that we're looking at on this map is Lake Ka, right? The lake itself. >> Oh, yeah. Oh, yeah. Excuse me. Yes. Yep. >> And you can see the red is the the
boundary of of the town. >> It's the property boundary boundary. >> Blue is what is currently a flood zone. >> I'll I'll bring it all the way back. Right. So, currently what goes on is FEMA. It comes and they have flood hazard areas. It could be anything from X, which means you're not, you know,
partially impact. You're not to AE to V for coastal. So, what you see right there is the the AE zone for Lake Como. That's the zone that you would have to raise. You know, hey, if I'm doing whether it be a condenser or anything, you know, you have to have your mechanicals raised.
>> So, just let's go back to that for a second. That's a very important part. >> Yes. They're in that zone and you're doing any type of work to your house, any type of meaningful work, >> major a major development which should be defined as any >> be required to raise your home. >> And they should be currently getting a
flood certificate and going through the the flood plan manager for >> by six feet. >> Uh so the rule was six. It's going to be brought down to five. Now just just to be clear, you're going to hear or see people say four or five. Um they I'll use the word cute, so forgive me. They
try to get cute and sneak in that freeboard. So right now what what has been adopted is 4 feet above the base flood elevation plus one foot of freeboard which is like a factor of safety. So that's five feet. Previously it was six. Previously it was five feet
above the base flood elevation plus one the freeboard which would be six. >> Sam I'm more confused. >> Yeah. Yeah. So I so forgive me. All right. So so >> so if I live in that blue area >> Yes. And I have a home that I am doing >> a major alteration or a knockown.
>> How how much do I have to raise my home >> currently >> today? >> Today. So each in that zone and uh forgive me, I don't have in front of me. In that zone, FEMA has what they call base flood elevation. That base blood elevation in our area, it'll be nine or 10. So you'd have to raise it to nine.
Let's just say 10. Yeah, 9 feet. Uh but that's not like 9 ft from the ground. It's just elevation nine. To make it easier, I'll just say 10 because that's a round number. So, if we say elevation 10 currently, that's what you would have to be if it's FEMA standards. What the state had just passed and isn't enacted
is that now it's not going to be 10 feet, it's going to be 15 ft. >> Right. >> So, you have an additional 5T on top. >> That's that's the number I wanted to get out. Right. So, it's not 4 feet, it's not six feet, it's 15 feet. >> So, yes, an additional on top of the base flood elevation is that number that
I go for. Now, if you were in the yellow on this zone, it is also 15 ft. >> You are now what they call inundation zone. And you are now the stranger. Yes, that's correct. >> And I know you don't want to scare people, but I kind of do. >> Okay. >> Because not a lot of people realize that. Yes.
>> Right now. I'm fine. I don't have to do anything with my house. So, I'm looking at this map. Right. But not everybody is in the same boat. And I don't think anybody knows that. Well, I don't think a lot of people know that. that if you live in a certain area that is colored in yellow, at some point if you make a
major alteration to your house, you not only make that major alteration, but you also have to raise it by 15 ft. >> Uh so you have to get the base, you have to get your lowest supporting member to that that 15 ft. So that's where you'll see homes on piles and you know garage
or unhabitable space in the the first floor. Yes. >> Right. Now the c the question that comes out of that is homes are capped right at a certain height. >> That's correct. >> And the question that comes is coming out of towns is do they raise that or do
they keep it where it is and you have a very short >> Yes. Correct. Um that is >> so to your point there are a number of organizations a number of groups a number of entities that are coming together and they're trying to oppose this. >> Correct. Um,
I have been approached by a couple of neighboring towns. Um, I have relationships with different mayors in different towns are passing ordinances or resolutions, I'm sorry, from their council to oppose something like this. >> And I know you've given this presentation before to other towns.
>> Yes. >> Um, so I think this was something that I don't know if all of the council was aware of this happening. Um, but I don't know if they have any specific questions because this is going have the number of the people on this council. Sue,
>> I have two questions. Um, when I was reading through it, >> it says that the if the renovations are 50% is that 50% of the total assessed value or of the structure >> of assessed value? >> The total assess. >> Correct. Yes.
>> Okay. Um, and as an engineer, what would this what would the additional costs be to a resident to have to add in this extra to their >> So, there's there's certainly an additional cost um >> on average. >> Well, so yeah, I I wouldn't be guessing.
I don't want to give you a number. There is definitely an additional cost. I think if we I'm always trained, right? Or if I'm in of the planning board, if I'm in my planning and engineering, you know, we're taught to not worry about money necessarily, but you're you're worried about aesthetics. So, like that's my biggest takeaway. Yes, there
is definitely a burden of financial that will be put on these residences. Um, however, to the mayor's point is now every municipality pretty much has to are we going to do Legos and have one eye, one eye, or are we going to try to stay, you know, uniform? Yeah. So, there
there is a cost. Forgive me. I don't want to misspeak and tell you the wrong cost. I don't I don't know. >> And do we know how it affects taxes? like does that increase the amount of space in your home and then your taxes go up even further from the assessed value of what you would have from doing the improvements to your house.
>> So tactically um about I'm not fully versed on that but what the ground floor would be would be unhabitable space. So you're raising your your lowest or your member to be your the height of the base elevation plus those four feet plus one. >> Uh then is where your home kind of
starts you know. So I don't know for tax purposes I'm not quite sure how much that would affect your your property but it would be unhabitable space so it's not livingable space. >> Does a lower floor need to be open so water can flow through? >> So you you have to do what are called
like flood improvement measures. So there's there's many ways you could do uh smart flood vents which would be think of like a sulfate or any type of vent system and uh it's you do a calculation per square footage of what it is to have those on all adjacent walls or protruding so water can get
through. You can do breakaway walls. Um you could have it open but you know I would recommend if we ever did do this we would have an ordinance in place not to allow that. Um but architecturally it's been going on for a long time. you actually can have it look better than it did directly after Sandy. If you
remember right after Hurricane Sandy, all you would see is the same thing, right? Stilts. Uh maybe they put a wall on it. You could just really tell. Architecture to be fair has kind of caught up to that so it looks a little bit better. Um but yeah, that you'd have to have flood proofing.
>> For those who have flood insurance, would the yellow areas now be considered a flood zone? So, it's been a question and that's actually one of my one was one of the many questions. So, currently flood insurance goes off of FEMA standards. This is my pure opinion. So, don't call it gospel, but if I'm a flood
insurance agent and I now have a more stringent uh elevation that I'm seeing New Jersey as a whole is doing, I'm going to go for that. I want to say thank you FEMA, which is a federal entity. >> Um, so that again is just my opinion. I that has not been answered. I don't
know, but they go for the more conservative route, which would be the new real act. >> And if that's the case, >> if someone were to be interested in flood insurance, if they were to get it before July, would they be grandfathered
in with a lower premium? >> No, because I again like I'm not, forgive me, I'm going to speak. I'm not a blood adjust excuse me an insurance adjuster but I believe it's renewed yearly if not you know so when it comes for renewal it'll >> be good for the year >> I'm going to completely digress like you
see what's happening in Florida right like they are also experiencing major flooding issues so now you see a lot of the big names pulling out and not even offering insurance >> Sam could you clarify one more time what's what meets the definition of major you said tear down
>> so yep so yes uh so you'll have the improve If an improvement or addition on a home is greater than 50% of the home's assessed value, >> assessment, >> yes, or or a tear down in itself, um, Lake Como is unique in the sense that
there's not going to be too much major development. But another really big standout point for me, uh, just in the engineering world and seeing they've also redefined what's considered a major development. So previously it'll be if you have a quarter acre of added
impervious coverage or the disturbance of one acre, you also have like vehicle traveled area. So it would be like a parking lot. So now if you have a blank slate that's just asphalt, it doesn't matter if it was a less than an acre disturbance is now major developments.
Again, like here we won't see it too much, but places like Asbury or any of the, you know, municipalities that allow development, they see that. um coming from like where this number comes from right the science behind it or the engineering behind it. >> Is this an arbitrary number? Why why is
it what it is? >> So the five feet was determined by a group of people specifically one from a professor from Ruckers. There was Princeton uh you other professionals in the field that had come out and it was pretty much what could the worst case scenario be? the numbers were coming out
and forgive me I wish I actually brought that. That's a good question. Uh they created a chart and what the chart had was in the year 2100 one foot two foot three foot four foot 5t and what the percentages the probability of that actually happening. Um so at the time 5t
was a 17% chance that we would have 5 feet sea level rise by the year 2100. It was also been refuted that the gentleman from Ruckers had actually come out and said that he miscalculated and you know it wasn't you know it's just been going back and forth. So with all that back and forth they have adjusted
their number down one foot uh again is still in my opinion cumbersome. >> Uh there and just for the record again this is you said there's a grace period. This was signed into law. >> Signed into law it is in place. Uh I
forgive me for the exact date. I just know the end date. July 19th is the the last day of that grace period. So what that would mean is if you have your construction permits in really that's also predominantly for a major alterations for like D. So if you're considered what they call administratively compete complete
through D your grandfather do um on a local level it would be the same July 19th and then technically right after that you are supposed to be you have to be going to these standards. Does the work have to be done by >> No, no, just approvals. >> January 20th.
>> January 20th is the Monday. So, yeah, the 19. So, 108 days was the 90, but the 20th >> Yeah, January is when it was put into place. >> You're saying not habitable space? Can anything be on the >> So, not habitable space would be defined as, you know, you could park your car,
you could have a gym, um, you know, could you keep a refrigerator down there? Yeah. But you can't claim it as, you know, living space. You can't, it could be storage. Um, pretty much think of like a garage, you know, what you can do in your garage, but it won't be insured. So, that's the other problem or
caveat is, you know, you can't have a den. You're not supposed to have a den, you know, all that stuff. >> But you could have electrical and plumbing theoretically. >> No, no. So, any type of any Yeah. Any mechanic has to any mechanicals have to be raised. Yes. To to that what we call
uh and just to I think it'll help clarify just because I know they're confused. >> So, we're bring it all the way back. Uh FEMA puts in place what's called a base flood elevation. Your base flood elevation is what FEMA again the federal agency has determined to be what the height is at a major storm event. So
that was the 10 number I was using. So like let's call blue right now is 10. So now if you're building to elevation 10 and predominantly you're at nine and a half anyway. So your your homes wouldn't actually be raised. You might see a generator or a condenser unit that might be lifted a foot or so. That's what you
see. What you will be seeing is instead of that foot, now it's going to be six feet. >> And the 15 feet you were talking about, that's 15 off the ground, not 15. >> No. So that's that's elevation 15. So after any of these improvements are done, you'll have to go Well, if you're within the FEMA zone right now, you do
have to do this. Technically, you you have to get a flood elevation certificate. What happens is a surveyor will go out. They'll do a flood elevation. it'll say just pretty much verify that all of your your floor joist, your lower floor joist, your mechanics all are at that elevation. So
to try to help maybe articulate it a little bit um predominantly and forgive me these numbers aren't necessarily accurate, but let's say like where I was telling you elevation 10 is the in the blue. Your ground the top of your soil right now might be nine. So you would
have to be a foot, which is fairly noticeable, right? You see a foundation, it's already built a foot high. where now you'll be seeing is that base flight elevation will be 10 plus the four plus the one so 15 that's where now you'll see you know
okay so that's interesting so if if you're in current if I'm looking at this and my home is in a yellow zone and that means I would have to be at an elevation of 15 ft >> so that I just want to clarify like that 15 feet is like an arbitrary number I'd
made um you'll have to be five feet higher higher than the base flood elevation. >> Right. Okay. So, for argument sake, let's say it's 15. >> Yes. Right. >> If my home is 15 ft above sea level, then I don't have to do anything. >> Correct. >> Okay. >> All right. So, that's a little different. >> Right. Yeah. So, if you're >> Do you have to do anything? As long as
you're not uh doing a major construction project, you don't have to do anything. >> Correct. Yes. >> 50% of the assessment. >> Exactly. Yeah. So, if you're doing um >> a onebedroom addition, you know, hey, it's random numbers. But if I wanted to knock down my house and put up a new 15 ft above sea level,
I wouldn't have to do anything. >> Correct. Yes. And there are also uh just to jump on that, like there are ways you could do like the elevation search to spot that say, "Hey, I'm actually outside of what you're claiming because if you look at these maps, they're done for the whole entire state." They're fairly accurate. They really are, but
they're not 100%. >> So, I have a question. Um, >> and I don't know if this is for you or maybe for us, but what are the other towns doing? Like you mentioned that, mayor, that they're passing resolutions. Like how can they can they oppose this?
Like what? >> So we have um and many of our municipalities have sent in resolutions, sent in uh letters from on behalf of the governing body opposing it. I couldn't tell you what necessarily it does, but you know, it's always the squeaky wheel gets the grease. Um
>> I do in the bottom of my heart this is very >> it's something that no one's going to recognize until it's here >> you know um you and even like right now right I'm trying my best to articulate it and I know that it's not even maybe coming off the best and it's one of those things that's like until you see
it the the impact that something like this is going to have on every municipality I'll digress for a second if you don't mind you look at manquan manquan's technically gone right their entire almost entirety is in the inundation zone see Right. Gone. Um, now those are obviously not gone, right? But
like that's like what the D is coming out and showing that if this was to truly happen, that would be gone. Uh, again, if you don't mind, I'll digress for a second. When this was first coming out, one of my biggest concerns, and I thought the irony is the wrong word, but
I don't think too much effort I know a lot of effort, I don't want to take away from it. A lot of effort went into putting this is a thousandpage act. A lot of effort went in. But the idea is that, excuse me, the idea is that at high tide cycles in the year 2100, the
sea level will be five feet higher. But you don't have to touch infrastructure. You don't have to touch emergency roads. You don't have to touch roads, sidewalks, any of the such. So what they're telling us is that I could build a house that's going to be out of the water, but twice a day during high tide, I'm not going to be able to drive my car because it's supposed to be inundated by
water. Um, that's where it's to me as an engineer or just my mind, it doesn't make full sense. Um, I I'm a just to throw it out there, I'm a believer believer in global warming. I know it's it's happening, but like 2100 5T is the ultimate what if. And the
truth is if our sea levels rise 5 feet, that we're going to have a bigger problem than just having to raise our houses, you know. >> Yeah. So, I I know we had a conversation about this at a different meeting and um something separate, but um I think
that there was opposition to like the timing of it like given that 2100 is >> so far away like it was like why do we need to put this into place now? Can we push it like 25 years from now to start or you know so that was >> I I've said it at uh every time I get a chance to speak on it I always like to
throw it out there after during these and during public comment every single comment is supposed to be addressed and answered um I probably put out no exaggeration 30 questions um none of which were answered >> and the problem is there's a lot of
whatifs there's a lot of hey what you know with insurance what are we doing hey uh with the infrastructure what are we supposed to do? What are we supposed to be doing? And really not much has been answered. Um, they did drop it a foot. Uh, I just don't know. But to that point, I'm sorry. To that point, one of
the questions I had asked was, hey, has anyone looked into doing it was 20 2025 is when it first started. Has anyone looked into doing 2050, 2075, and 202100? Yeah. And we'll do two feet, two feet, two feet. Right. That's reasonable in my opinion. You know, a lot of municipalities actually currently have a free board, which is that factor of
safety. A free board of two or three feet. So at your base flood elevation, they're already making you go two or three feet. It's safer, right? Yeah. In the event that we have something like Sandy or maybe Irene, like it will happen again. >> So >> yeah. So then I I guess I and I don't
need to jump ahead here if people have questions. Our question is um do we need to raise our height maximum? I guess is and um >> well I think the next question is do as
the town engineer do we have a do we have a contour map of the town to see who's where at what? >> Yes. >> Yeah. >> I mean that would be the next thing you would need to know really. >> Sure. Uh yes. Uh so two separate things we could certainly get you that it's like two foot contours. So again they're not like ultimately accurate. Two two
feet quite quite a bit of elevation change. Um I'm not your planning board engineer. However, I do always recommend staying with the height you're at now. I think aesthetically the planner in me um aesthetically it's going to change the
quaintness acquaintance the the look of your municipality and we are digressing again. I apolog municipality has its own unique features. >> Um and what this is going to do is it's going to it's going to change it.
>> So I had a question. So I had pulled out my particular lot on the flood map tool because >> the flood indicator tool. So I don't mean to cut you off but that's a great tool just for everyone to go flood indicator tool. Google it and search it in. >> So it's the NJ
and look so look up NJD real and in there you'll be able to click on the tool and it's going to look like this. >> It's a G J in your actual address. So it's going to show you what if your property shows two different colors. >> So it'll be what? what zone you would be
in. So let's say um you're partially in zone X unshaded which is fine. That's one and if you're right um and then you are in a portion of AE >> if you're building is within that that's what you have to go by. >> Okay. Because when I look at my property
the the front portion of my property is in this green shaded area but the remaining part of my property so onethird let's say is in the green area and then 2/3 are in that yellow area. And I can imagine people would ask the question, what am I responsible for? >> Sure. Yeah. Yeah. So if you're building
outside of that flood hazard area, you would be fine. >> And it's really difficult to tell what these values mean on this website. I can't make heads or tails. >> So yeah, the flood indicator tool is this is this is uh from Ezri at Dark GIS. This isn't that, but it's it's
quite similar. You'll have layers that you can click on. So the cafe is what you just looking at the cafe. >> The cafe is what their ination zone is. That would be like that yellow, >> right? Um, you could also go to what's called NJ Geo web, GEO web. Um, that's pretty good. Uh, FEMA has their own, uh,
region two coastal is number two, region number two coastal. That's another good one. >> Just for for reference for mapping purposes. >> Does that tool give you like what you are above sea level? Yeah. >> Yeah. So, is that is the flood zone you're not? Is it that's the yellow?
>> Yeah. So, I don't know if >> No, the yellow is still an impact zone. >> Okay. Yes. I don't know if we pulled it up, but So, if you're on that site and you click your property, it'll bring in a little pin and on there somewhere, it'll tell you a BF or base flood elevation. Yep. >> So, your base flood elevation is that
minimum minimum elevation. >> So, like if you weren't in that zone before and you're doing work like and you have a basement, then what? You just can't have any of your electrical down there because I think >> no. So, if you are over that 50%, you now have to make your home compliant,
which is where that problem comes into play. So you do have a perfect example if you have a basement um you know fully finished basement truth is I'm digress the truth is you most likely wouldn't because you'll be in an area where you would but let's say you did have a full finished basement and you did more than
a 50% improvement that would trigger that to be compliant. So like that's what we did to our house and there's a basement and I'm pretty sure that >> Yeah. So again just so but so just so just to be fully again clear so like the yellow isn't in currently it's in in
effect right now but it's grandfathered for that 180 days. So that's where that July 19th date came into play. So let's say you did the same thing July 20th your home may look different. >> You're you're actually okay. your you just did your house so you >> I know and I'm just thinking if that came up with someone else in town
because a lot of those houses on that street have the basement so then what do you do with the basement fill it in >> you have to make a complaint yes if it's triggered unless everything would have to be on that side >> I'll show >> so I mean this is this is part of the
reason we're talking about this right there are a number of people number of towns that are in distress >> um you brought up Manisquan and talking to the mayor of Madisuan He he's very concerned most of his town would have to do this, if not all of his town would have to do this.
>> Uh he even made a comment that if he hit if he did anything to Barl Hall, they would have to raise Barl Hall because it's in a flood zone. >> Um and many people are taking action as far as drafting resolutions to oppose this. Um whether that happens or not, I
don't know, but I think it's important for this council to know because these questions are going to occur. Um I think the big the big part of this is the the elevation height, right? It's dependent on how high your elevation
currently is as well. >> Yes. >> Which I guess you go on that tool and you'll you'll find out. >> So any other questions from the council? >> Yeah, relate to what you were saying. So does this just deal with residential property? >> No, anything. Uh any property. So really
we're I don't want to >> fine. >> So you also do just >> So a commercial property if it was in that would have to be would have to have no commercial space for the first however many feet. >> So don't have a little space. Correct. Yeah. So what you see is a lot of you
know parking areas now. It's like um I I I do I am the city of Asbury Park planning zoning engineer. Like what you'll see now is all parking on the first floor is predominantly what happens. Um, again, because it's not habitable space, it's pretty much, hey, you know, storm's coming, move your car,
you know. Um, or what you'll see is I don't I don't mean to bring up other clients, but it's just interesting to me. Um, you go down Lake right now on the south side of Asbury Park. Cole Brothers is doing a site. Uh, take a look. They're building up a full boardwalk around it because that's
actually where the height is. So now to get them compliant, they have ramps, you know. So that's that's a good example, but that's a good example of what was now is going to be that much higher to be honest. It's going to it's going to stop a lot of development. >> Yeah. Did you say this was for um all of
the state, right? Yes. Anything in like a flood zone in the state? >> Correct. Yep. Yep. >> Yeah. Pretty much what it's doing is anything it's pushing the it's pushing our already flood hazard areas. It's pushing them a little bit more inland and just making them a little bit more stranger. >> Okay.
I just think aesthetically it's going to look awful and it's going to be cost prohibitive for a lot of people. >> Anything else? >> Okay. Uh at this time I will open up to the public for this topic only for questions or comments um for the
council. Hi. >> I just need your name address. >> Edward H. 27 216 Lorraine Avenue, Spring Lake. I'm not really here for this reason tonight, but since I'm here, I can't help myself. I'm a councilman in Spring Lake. Um, and I happen to be a
freshman of air as well. And I'm very familiar with this subject. I've been pushing this for a while. We did pass the resolution opposing it. I also sit on the league municipalities legislative land use environmental commission um for the
valleys and we also opposed it as our um as our body um saying the same thing that this really going to hurt the uh coastal communities a lot. Um so really if you're in a yellow zone just remember that if you even if you're above the flood zone if you're in the yellow zone
you're in a flood zone so you cannot have a basement. So homes that neighborhoods that normally have basements now, even if your finished floor is above the flood zone, you still will not be able to have a basement closed down in those areas. And this causes some a lot of other land use
problems for our municipality as I'm sure as well as yours. So we have a in our municipality, we have a rule in flood zones that you can home can be built higher currently in our land use ordinance, but it talks about the flood
zone, but it's not doesn't say that doesn't say the FEMA flood zone, it just says flood zone. So if you're in a flood zone, so now people are going to interpret that as New Jersey flood zone, which will allow people to that currently are could only be built 35 ft
would now be able to go as high as 42 feet. So we're going back and we're looking at all of our ordinances to see how this can be applied to those ordinances so that people don't find other loopholes in the process. that we didn't perceive as a a problem
in the past because you were actually in a flood zone. Um I did talk to Charlene who was the commissioner VP prior to him um being appointed uh at the municipalities last year and had a lot of these questions directly to him. Um
he was 100% believer that in 100 years their sea levels will be 5t higher and there will be um all of our homes along the coastal communities be underwater. uh we directly ask them the question about infrastructure and how that will work because you think about it over the
next hundred years even if all the municipalities that did improvements these homes maybe 20% of your homes would be raised between now and then tore down and rebuilt over the next hundred years kind of like our communities as well. So that means the
other 80% of the homes are underwater and you can't get to them because the sea level has risen five feet and the roads aren't high enough. And his answer was that well municipalities will be able then to raise all the infrastructure 5T and we were like
that's just unre reasonable and who's paying for it and how would that work? Because houses that are lower you can't have the roads being built higher in front of them because they'll be in a hole. So it just has a lot of um pieces to this that are really problematic for
coastal communities. So we we did as as a municipality passed a resolution um opposing it. Um and currently Mammoth County is opposing it. They filed the lawsuit already. Um and and really thing that's worst part about this is this is
really not a law. So what Murphy did um during his lamb lame duck session on the way out was he passed this as a regulation. So it didn't go to the legislative body and get approved as a law. They did this as a sweeping regulation and just one
day enacted it. Um so that's the reason why all these um counties Cape May, Ocean County, Mammoth County are currently suing the state trying to repeal this regulation. Uh this goes back to kind of like the Chevron case
where you talk about um with uh the state and federal government reserving their authority and passing sweeping regulations without going through um the process of passing laws. So um I believe Mammoth County is currently pushing some
of the uh northern counties to join the suit as well and uh you know it's possible that municipalities will be joining as well. just give us some more background on this problem that we're working on as well. >> And I I'm fairly certain that the
current D secretary is used to work for a special interest group that was the architect of this. Correct. >> He was part of it. Yes. Um and uh council from Worth. He's the new director of DP. He's the person that came to my mass salon uh maybe two weeks
ago. Yeah. And and spoke to a bunch of different people about it. Um again, he's just sort of getting up to speed on this as well. U and so there's some thought through the litigation process that some of this could get repealed um
between now and when it's actually uh enforced, but it's uh definitely a big problem for all of our communities. >> Question. >> I don't know if I can answer. So you all passed a resolution to oppose it, but that doesn't mean you blocked it. It's
just sort of like, hey, this is not what we want. It's just trying having as many municipalities as possible giving our voice to Trenton so that they know that there's a lot of communities that are really not in favor of this and this is really affecting a lot of our taxpayers
and our residents because you know a lot of you know home values are going to be affected by this and um people are really going to have hardships when they when they realize what this is going to do for their homes. And then again for us you know we're like you were a small community with um a great street state
and a walk of Victorian homes and we don't want to have our historical, you know, 1800 Victorians and then a house on stilts next to this is not that kind of community. So that's one of the main reasons why we're giving push back to
this whole regulation. >> Awesome. Thank you for your time. Thanks. Anyone else from the public? All right. Seeing none, I will um remind
council if there's anything that they want to um look at in the future of any possible resolution. I do have copies of what other towns are uh passing. If anybody's interested in that, we can have that. We can have that discussion. All right. The second item on our
workshop is discussion regarding overlay and fair share housing amendments. Um, so briefly, this was not originally on our workshop discussion items and for the council's
information, we have two ordinances that are on our agenda tonight and those two ordinance are directly related to the housing plan element and fair share plan which we passed in June. Um, and for the record,
I'll ask Sarah to jump in if I get anything description any descriptions wrong. Um, the two ordinances that are on for tonight, which we are going to discuss right now, one which is the larger ordinance, which is 2026-2,
is the ordinance that puts that fair share plan in effect. Um, and from my understanding is at one time the requirements from the state were to have a plan with sample ordinances.
>> Um, and then that requirement changed to have an ordinance passed by the council. Correct. >> Right. Those model ordinances that were attached to the plan that was endorsed by council, uh, the law requires that they be adopted
by um March 15th of 2026. So, ordinance 2026-2 is uh um is actually one ordinance that represents those five sample ordinances in the plan.
>> The they it implements all the aspects legal aspects of the plan um under the Fair Housing Act, excuse me. But the one ordinance is different. The the second ordinance you're going to discuss is the overlay ordinance. That's a separate ordinance.
>> So, That's what right. So that's that's the big ordinance is one ordinance that puts into effect the fair share plan that was previously adopted by adopted endorsed endorsed >> by this council. The additional ordinance, which is ordinance 2026-1,
um was an ordinance that was provided to the council that provides an overlay, if you look at your map, it provides an overlay to the general business zone of Lake Ko
and reszoning that as a mixeduse affordable housing overlay. This was done by our engineer and correct me if I'm wrong that this original for the original fair share plan the zone for affordable
housing was the entire burrow of Lake Koma and this overlay shrinks that zone from the entire burrow to the general business zone. Correct. >> Correct. >> Okay. Now, questions and concerns have
been risen on that ordinance because that ordinance, as was originally sent to council, has bulk and design standards that are not congruent with what was part of the
original plan. So, if you look at ordinance 2026-1, the original ordinance that was provided to you that was publicized, which uh the public saw, um bulk and design standards were
dramatically changed from what is currently law in this town, what is currently uh ordinance in this town, and it was going to change that bulk standard to something drastically different. Um as
as an overview of that what is currently standard is that 70% of the bulk would be use and that is what this ordinance would have done would have changed that to 90%. Which means pretty much all of the property would be used for
affordable housing. Um we have gotten a lot of feedback from public. I've gotten a lot of emails. We've gotten emails from members of the planning board. I've gotten uh calls from members of the planning board as well uh that had a lot of problems with that. I had issues with
it. I asked the attorney and the engineer to go back and revisit this ordinance, which they did. Um and we have some updates and some adjustments to that ordinance. I'm going to ask our engineer to come back to the mic and
talk to us a little bit about um ordinance 2026-1 and the changes that were made to that ordinance to fall more in line with the town. >> Yeah, thank you again. Um so like the
mayor had first mentioned when we had the first overlay zone and it included some residential spaces when we have our respective need was originally 19 that what we needed to come up with we did what's called a vacant land adjustment. I don't know if you remember back in
June when I talked about we done the vacant land adjustment we got that number down to zero. Um the reason or one way that we had done it is that overlay zone originally calculated those residential properties. it was brought up that hey, we don't want to have any residential properties. That's more than
fine. So, what we're going to do now is amend that to just be in the general business district, not the entirety of Main Street. Um, and I'll just go through them just so it's on record. Um, just to reflect of what has been being changed. So, we're going to be going
back to our zoning standards of the minimum lot area of 7,000 square ft, minimum lot frontage of 50 ft, minimum rear yard setback of 20 ft, minimum front yard setback, zero feet for retail and mixed use buildings, fronting main street, and additional streets in the
zone must have 20 feet or the prevailing setback, whichever is less on additional streets. And again, this is just mimicking the GB zone, and I'll get into a little bit more. The minimum sideyard setback will be 5 feet on each side. Minimum side or rear yard setback on any
proposed mixeduse structure adjacent to a single family home will be 20 ft. Maximum height of the structure will be 35 ft not exceeding three stories. Maximum lot coverage will be 70%. Off street parking shall conform to RSIs. So the reason that this was all put in
place is we wanted to be palatable to New Jerseys fair share. So we have to show that we can meet that prospective need in the event that we do have development. So now what's going to be is we're going to submit this amended overlay zone which will then say we
still accept that we're going to have housing affordable housing within that zone except instead of having a more stringent or lax for a better word a more laxed uh bulk standard what we will be doing is going back to mimic the GB zone.
So, and a lot a lot has happened off off camera, right off out of the public and and the council is not aware of that. Um, what was provided uh or what was originally the ordinance was kind of a standard ordinance that
was um being shared through the fair housing. >> Correct. It was the standard that the state had shared. >> The standard state has shared which is not really acceptable to us at this >> understood. Yes. Um so what we have done
preemptively is revert back to what the standard is current. >> Correct. >> So in effect the only thing that this ordinance is doing which would be 2026-1 is reszoning the general business
district to what is now called the >> you will you will still have >> mixed use affordable housing. >> You will still have the general business district. You will just now have an overlay zone. So, um, let's say there was, which I'm not we're not doing anymore. Let's say there was a difference, um, in the overlay zone to
your your zoning, your GB zone. If an applicant were to come in, they would be able to determine, hey, I'm just I'm not building affordable housing. I'm going to follow the bulk standards to GB. Now, what that's doing is they're going to be the same bulk standards. One last question and then I'm going to
if you have any questions first. Um if we did not do this overlay zone, we pulled this overlay zone out and we're not going to take effect on it whatsoever. The alternate of that is that the fair share housing plan could go anywhere in the
brow lake. Correct. >> Uh no. So we if we do not So we do you ask if we don't pass if we don't go through with Yeah. So, we don't go through passing this, but we can get by March 15th, we'll be subject to what's called builder's remedy. And um just I'm sure everyone is aware, but just to
bring it up, builder's remedy, the any municipality loses total control over what's being built if it's for affordable housing. Um your densities are raised, your heights can be raised. >> Okay. So for just for clarity too because
>> my original question was when we first started talking about the fair share plan and all of this there was no mention of an overlay zone that was needed. >> Um and it was my understanding that we did the overlay zone to limit >> correct. Yeah. So my my apologies that's the question you're asking. Yeah. So if
we did if if we did not have the overlay zone you wouldn't have a limitation. >> Okay. So we have two ordinances here tonight. One is putting the plan into effect and one is an overlay zone. Correct. >> Correct. >> If we passed the ordinance that put it into effect and say for some reason we
didn't pass the overlay zone and I'm not making that suggestion. I'm just saying >> would we still be in compliance with the fair share plan? >> If you're passing the ordinance and it's introduced and adopted the overlay zone at the overlay zone, I just want to make sure that we're aware is what's helpful
to the burrow. What you're doing is you're saying if there's going to be affordable housing, it's going to be in this zone. If we didn't put that zone in place, you know, theoretically developer could come and purchase numerous lots and then create affordable housing in that area to meet our perspective need
>> which could be on 19th. Yeah, exactly. Sure. Yeah. Yeah. >> Just saying that picked the neighborhood. I'm sorry that I picked that. >> This contains where that could happen. >> Correct. That's what the >> overlay the ordinance the first ordinance contains where it can happen.
>> Correct. And again to be to be clear my concerns and concerns of others was that the change in the bulk standards which is which was number four >> was completely changing what we had agreed to or we had talked about in the
fair share. >> Yes. >> Am I correct? >> Yes. So what we see in this ordinance too is reverting back to what we originally >> in the fair share housing. Yes. >> And it it the bur needs to do it to protect itself by the March 15th
deadline or else it open it's opening itself up to lawsuits and increased density by >> Chris. Did you have a question? I know you were a couple questions. No, I think for the most part the one thing I might have missed. So um
understood this zone is now where these um affordable units could go. >> Now the need was 19 but due to our was the vacant land brought down to zero. >> Yes. >> So is there there's no need for anything to be built. >> So you still need to show that you have the capability up meaning that in the in
the intent that you can. So we were able to get that perspective need down to zero through that vacant land adjustment. But you still do need to show the state that there is potential area where something potential area not the entire >> correct. >> Okay.
>> So there's not a 19 unit requirement anymore. >> No, not right now. Yeah. You have a p you have a perspective deed. Uh and that this overlays over this introduction is supposed to say hey we can meet affordable housing. uh if an application
were to come to us. >> So let's say someone bought the property in this overlay zone, how does the requirement, how do we know what the requirement is for the affordable housing should it come in? >> So anything over five units would have
to be 20% affordable. And with this new ordinance, it would be the same building requirements that we had previously. >> Yes. Uh so similar to the real I didn't mean to scare anybody. Um so yes, the new
uh the new amendment will mimic exactly the GB zone and we'll be mimicking what the housing element had in June. >> Now anything beyond that would naturally go in front of a planning board or through whatever process if they wanted
variances to go through. >> Yeah, absolutely. >> Yeah, there are variances. >> Anything else questions? >> So, at this time I will open to the public. Anyone in the public that has
questions or comments for the council in on these specific ordinances uh or this discussion can come to the mic now Petraino 312 18th Avenue. Uh full disclosure I'm on the planning board zoning of this town over 15 years. I
questions for Sam but I think I have to go through you. >> You can ask you can ask be nice. >> Well we We could go out back and watch, but uh when we originally voted on this, we all did it with we understood the protection
of the bill the remedy lawsuits, right? So, and that was that was what we voted on why we were passing it and our reasons for that. The the only thing I'm a little confused with the overlay the paperwork I was given to review for this meeting the ordinances we were changing
some of these setbacks and hypers we reverting back to the original ordinance correct we should have corrected paperwork first >> you know our issues with the planning >> but wait but here here's the thing Steve we're making that amendment now that's why it's on a workshop >> okay >> so we're not voting on this tonight to
go into law we as a planning board So we will So this is what's going to happen. If it gets voted on by the council tonight, it will be voted on as an introduction with the amendment to the res to the ordinance, meaning reverting
back to the original 35 ft 70% that will then go to a planning board for review. These what you see wi which was the published published bulk standards, right? That would be amended to revert back to what it was
prior. And that's why we moved it to a public workshop to make those amendments. Still slightly confused, but or or or if we left it alone as we voted on and
we're talking about opening it up to the whole town. You still cannot buy six lots and convert them into one lot without going through the zoning board. I just don't want this to be a sales pitch where we get bamboozled into something that we don't know what we're getting. We knew what we were getting in
the original vote and we knew that there are not many lots that can that can house more than five units. We knew what we were getting and now I came here a little bit energized when I thought you guys were going to go
do what Belmar did. And all the testimony on the flood zoning, if you were paying attention, was about the heights and how you all agreed that the heights were detrimental to the coastal feel of the town. And I
just don't want to kind of side with a builder and when you when you take setbacks and heights and you kind of just change the zoning to allow more, they don't have to come before us. They could design something very ugly if it meets the requirements
and we're stuck with it. Whereas if we keep it less, they could come to us for the extra 5T. We have an ability to alter the look of the property. And we have done that on several of the last few meetings where someone wanted a flat
roof. We said it doesn't look aesthetically pleasing for the block. It was a very modern and dark structure. We had reverted back to an original plan where it was more coastal. We gave a light pitch roof. So, I just don't want you guys to do something that we're
going to regret. Um, same with the zero setbacks because I saw that and that's a no no for me. Um, a zero setback is disgusting. We just we just knocked down an application that had a zero setback in it. You certainly don't want to do
that. So, I I think I have it. Sorry, correct me if I'm wrong, but >> what's in the paper was what you were going to do. >> So, now we're reverting back to the original ordinance >> and we're we're basically taking instead of the whole town being open for affordable housing
>> and I call it lowincome housing. Don't be m bamboozled if you reach for anything. It's not it's not affordable. It's low income and we're restricting it just to the main street corridor. >> Excluding the res. >> Excluding the res. And if you don't mind that >> Yeah, you just got to go into the mic
just to see if it picks you up. >> Yeah. So, just to uh Fair Share Housing would like to see Fair Share Housing would like to see the highest potential of units that would be possibly created. So, the idea to explain and articulate why it had altered was when we went away
from doing the full municipality and get rid of zoning. We said, "All right, hey, we're going to try to put a little bit more, you know, higher density areas for that overlay zone." that was just to try to help the palatability of fair share with what we're going to do. We we're going to submit this and they can come back
and say, "Hey, uh we want to alter it." And whether that is there's a lot of different things that could happen. Um but the idea is that we need to get this through now. Um introduced, go to the board, you'll be seeing I'll be there. We'll talk um and then get adopted. And
then what that does is that still grants us that immunity that we talked about in June until 2035 and allows us to to work through it. But so the difference I don't mean that just sold. >> Yeah. My only So why would we need an overlay for the immunity? >> So you don't you don't necessarily need an overlay for the >> sold it though.
>> No, that's what I'm saying. So So you don't necessarily need an overlay for the immunity. The idea would be now we're we're making sure that there is no no possibility of a large development in the residential area. >> So and just just for further clarity and that's that's one of the reasons why I
asked the question. If we pass one ordinance tonight, not the overlay, the other ordinance, the other ordinance, we pass that ordinance tonight, we are still in protection. We are still in compliance. The overlay as if you want to talk about selling it. The overlay is
in addition to to shrink the zone to shrink that mixeduse affordable housing, lowcost housing, whatever you want to call it, zone to just the main street corridor instead of being the entire It's a touchy subject.
>> I know that these these areas are getting decimated by it >> and we have no idea what's going to happen in five years with the traffic pattern and taxes on almost every municipality that's building them. Taxes have gone up and that's that's
not going to be very pretty. So there's a way of developing and I can't stand overdevelopment but there's a way of developing it and spring lake has got it right >> and that's what the coastal town should look like and administrations and councils in the past have decimated this
main street, you know, and you could just look at it and walk through it and you feel it. And if we just extend Delmare, it looks like a valley. And it's even though the buildings are pretty, I get it. It's new. It's pretty. But the parking and the uh the new
construction now that's going to happen, we're going to lose stro. You're going to lose all of that now with this latest overlay. You know, so when you hear these words and other towns are doing it, it just helps the builders. It just helps them build more. So they get rich, they walk off, and then we have to do
the infrastructure, we have to do schools. So that's it. Thank you. >> So I don't mean to be repetitive. Tom Nef 7419,000. By just by way of quick background for those that don't know, I'm lawyer by
training for the past 40 years on license. I've represented municipalities in the past on redevelopment issues to try and fix things industry and make them better. I oversaw a division of state government that oversaw all the municipalities and governments in the
state of New Jersey and I was a manager in a township with 20,000 residents that was very very large and had affordable housing demands. And while I was there, we had to build 600 affordable housing units. It stank. I don't I don't um want
to be in any of your seats, and I appreciate everything you guys do to try and keep this town good um and keep some of this nonsense out of here. But as a member of the planning board, when we received the planning element that we
were asked to endorse or send back to the council with our recommendation, there was a draft ordinance in there. um for allowing for inclusionary 20% set aides for affordable housing and it was restricted to the business district and
only the business district. And it was drafted um by the law firm you have here now >> and it basically just said you can have inclusionary zoning requirements in business district. That was basically it. Um is that are we going to have that
exact same ordinance that was in that packet? That's what will be introduced tonight. >> Yes. >> Yes. >> Yes. >> Okay. That makes me extremely happy. And I can keep my uh I can keep my record of 20 years of doing nothing but coming to council and thanking you for
all your hard work. And I can take my C4 vest off and go back outside. Now I I'm kidding. I live next to um the the uh Welsh farms. And if that ordinance that was circulated last Friday went into effect, I would have the Great Wall of
China built right on my fence line um and on the line of the um 19th A as well. And it would have destroyed the value of my home. And I know my neighbor Dave is here tonight, too, who can speak for himself if he wants to, but I know
he just committed a lot. >> He he committed a lot of money to to making his house nicer and fixing it. and we had a discussion. He wouldn't have done it and invested a penny in his house if he knew there was a potential for the Great Wall of China being next
to him as well um next to next former bank now the engineering company. So, thank you for your due diligence and making sure that whatever was circulated earlier goes in a garbage can. So, you're happy. Tom, just for the record,
you you're you were the example that I used that someone didn't want to look out their living room window and see a 40 foot wall 8 ft from their house, right? That's exactly what it would have been. >> Thank you. >> You're going to talk for yourself.
>> Thank you, Mr. Mayor, ladies and gentlemen, council. Thank you, Tom, for allowing me to So, uh, I'm David J. Smith. I live at 70919th Avenue, right across the street from Pond. And, um, so he's right behind the Welsh Farms in the, I think, Chinese
restaurant. And, uh, I'm right across the street, uh, right behind what used to be a bank, which then became the home decor shop, which is now the engineering company. Um, and, uh, so same concern. Um, you know, we had the little, uh,
beach bungalow. Somebody mentioned keeping the the sort of the shore uh ambiance of this town. I grew up in this town by the way. I I remember what it looked like in well 1950s. Uh but um so
you know that would be a prime candidate that property right there that I think belongs to Mr. Gardi um you know to be developed along these lines. So there's a real concern there. And when I saw these I mean I just started going through it. I'm absolutely not an expert at any of this stuff. So u I mean I know
the people at planning board but you know I see minimum sideyard set back zero feet um you know so somebody said a few yards away uh having the great wall of China we're talking about the break wall of China being literally on top of my window um so we can't do that. So do
I understand correctly Mr. mayor that did that that that we're going to these number four bulk and design standards um are going to be changed back from what we're seeing here in the correct tonight. >> Correct. >> And when you say they're going to go back to the original, does that mean
they're going back to the current ordinance or does that mean we're going back to the original draft of this uh amendment? >> It's going back to the current ordinance. >> The current ordinance. So um >> it is going to be exactly what it is today. >> Exactly what it is today. So basically there's no change
>> correct >> uh in in so so you can go ahead with your affordable housing and all of that if you're a developer and you want to do that. >> I have no problem with that. That's fine. Right. >> Uh but you're still going to have to comply uh with the existing rules or you're going to go to the planning board
and get some permission to do whatever and we'll all have a chance to say something again. Correct. >> Okay. Well then great. When will we be able to when when will we be able to see a copy of the new I guess this is the
the amended amendment? Um it if it's passed tonight on first reading it then it's it gets published. >> Correct. Um but I think he's talking about in written form. >> Yeah. I I think
>> I would like to and I'm sure I'm not alone would like to see it. Yes. >> Um, when can we get that published at the >> It'll go online tonight and it'll go into the papers Thursday after >> a few days. Yeah. >> Yeah. Yeah. Okay.
>> Um, yeah, it's just it would just have to be re retyped um with the amendment that we're talking about. >> Fair enough. >> Um, and it is it is a first it's a first reading, so it doesn't go into effect. >> Okay. So, and so this wouldn't be then voted on on this meeting on the 13th.
>> It would be voted on 13th. Yes. So, it would be introduced. >> That's 10 days away. I mean, that's that's pretty quick. >> Correct. It has to be done by the 15th. >> Why? >> Because that's what the state regulation is that it has to be it has to be voted on. It has to be v uh introduced uh
reviewed by the planning board and then have a second public hearing before the 15th of March. >> So, the second public hearing is the 13th. >> Correct. >> And that's an online meeting, >> correct? Um, and and the state requires
both of these ordinances to be passed. >> No, no, it only requires for us to be in compliance. It would only require 2026-2 for us to be in compliance, which is the big the big um the bigger of the two.
>> So, why are we rushing on 2026-1? 2026-1. The only thing that it is reducing the um reducing the affordable housing area to is the general business. >> But but there's no need to do it before March 15th.
>> I don't think there is. I don't. >> So why are we rushing to do it before? Theoretically, if we didn't have it in place, but we had the other ordinance in place, a develop developer could come in and uh apply to put affordable housing consistent with the 20% set aside and
all that in a different area. So, we are we're constraining them to the area where we want them. I you know, I don't know that there's any developers not waiting, but there's no way of knowing. >> We don't know. Okay. >> All right. Then, I would simply ask you, the mayor and council, please get that thing out. And why? I mean, could we put
it on the website? I mean, so people can see it. >> Yeah. Well, as soon as it's as soon as it's typed up and ready to go, it'll be posted on the website under uh meeting minutes. >> Okay. >> All right. Thank you very much. >> Thank you. >> You can absolutely
>> Sarah said it's okay. So, you can come up. >> He was nice. >> Sorry. >> He was nice. Again, my understanding, just to be super clear, is that the draft ordinance that was in what was submitted to the planning board in June of 2025, which
pertained to the business district, is what will be introduced. And I have a copy of that. It's right here. And all it is is a very simple amendment to the existing business zone ordinance that says that all proposed residential
dwellings and town houses are required to have a mandatory 20% set aside for affordable housing. But you're just it's just going to say that's only with respect >> to the or are we talking about something different? Yeah, I there were f there
were five draft ordinances connected to the plan. The plan endorsed in June. >> Could you housing fair share plan had five uh and maybe you're the better one to respond to this? Understand? One of
those established an overlay zoning area in the general in the general business district which had bulk standards which mimicked the existing bulk standards in the general business district. That is the one that's being changed from what
was published because the published ordinance that was being introduced tonight had uh different bulk standards, zero setbacks, sideyard setbacks and the like which uh the mayor council decided they did not want to uh have so they
they are now proposing that this ordinance this overlay zone have the same exact bulk standards as existing bulk standards in the jail business district. So of the five, four are contained in the implementing ordinance which is
number one >> dash2 >> -2 and the overlay zone ordinance that's being introduced tonight with the existing 12 standards is ordinance- one. So we're introducing two ordinances tonight in place of the five ordinances
that were drafts with the plan. >> Okay, I'm still confused. Okay, Sam, you try. >> Ordinance. Ordinance number one is going to be something completely different than anything that was sent to the planning board or it's one of the ones that was sent to the planning board.
>> So, real quick, the what? What do you mean sent to the planning board? The one that was mailed this week >> as part of the No, as part of the master um as part of the affordable housing element of the master plan, there were five draft ordinances in there. And is
this ordinance number one something above and beyond those five that the plan >> it's one of the five? >> It's one of the five. >> Yeah. >> Okay. And I and I think I know what I'm looking at. But I just want to make sure we're not getting something brand new. >> And I this is all a little confusing to me. I don't even understand why this
board was ever given my understanding >> an ordinance that nobody ever agreed to or talked about. It's odd to me. as a former manager and somebody who man managed my clients um or my vendors, I wouldn't be happy with my attorney if I was being handed an ordinance and had
nothing to do with what was agreed to. >> So wait, so I just want to clarify something. When you talk about when it was presented to the planning board, you're talking about last June. >> Last June. >> Okay. So the fair share plan that was given to the planning board had five different ordinances in it. Right. >> Right. >> The requirement for that was for them to
be draft ordinances. They were never passed. >> Understood? >> Okay. Right. >> Of those five, right? The one 2026 one tonight >> is the overlay which is one of those five. >> Okay. >> The other four were put into one
ordinance which is 2026-2. Nothing has changed. >> Okay, I understand. And >> the the it's just that part of the reason for my confusion is I think and maybe I'm wrong because I only had a few days to look at this but my understanding was that there in what we
had been provided as a planning board in June when we were amending the fair share element of the housing >> master um there was no overlay. I thought it was just a simple, it was called that, but when you read the ordinance itself,
it just said we're amending the business district zone to require inclusion inclusionary zoning, 20% set aides in that zone. That's all it did. Didn't do anything else. Wasn't called an an overlay. It didn't have new standards. Didn't have new anything.
>> I think I I think that it had bulk standards in it. >> Okay. Okay. Um, so because that's what that that's what sparked me to say what was presented tonight is different than what was in that plan.
So if if you give me a moment, I can go back to where that was because I've read this plan cover to cover the last three days. The one I'm looking at, if it's the same one, you may be. The title on it was an ordinance amending chapter 17,
development regulations, sections 9.3, district regulations, general business of the of the revised general ordinances of the Bureau of Lake KMA. And then on page two, it it did um make some
adjustments for ordinances that had been passed in 2022 to show that. Um and then at the very end there's a section F um which which requires the 20% set
aside. >> Or am I looking at something that gets completely wrong? >> Okay. >> Yes. And section D. >> So that's what we're passing or that's what's being introduced to me. >> Well, there's a different in substance.
Yes. And you'll when you look in subest because there's a different introduction in this one that's being introduced which I will follow which describes the purpose and you'll see that there's one two
three four five six seven eight whereas clauses. There were no whereas clauses in the one that was enexed to the plan. Right. >> But in substance, it's identical. >> Okay. As long as it's identical. I mean, I don't see any bulk change changes in
what was presented to the planning board back in May of 2015. >> Yeah. Well, subsection D has bulk standards that are the one that's consistent with the existing bulk standards in the zone. Correct, Sam? >> Yes, that's correct.
>> And that are going to be that are included in the ordinance that's up for reading tonight introduction and will then be posted on the website. I I'm trying I think we're saying the same thing. >> Okay. >> And I'll explain to you my understanding
I'm sort of new to this. My understanding is that the the changes that are unacceptable resulted from negotiations with Fairshare Housing Center, you know, who said, "We are only going to we're not we're going to tell the court that your plan is acceptable
so long as you have sufficient a availability for affordable housing." And that's how this all happened. But the mayor and council caught it and corrected and said that's not what we wanted in our town. So that's what senior >> Okay. As long as substantively it's the
exact same, that's fine. I don't see bulk changes in what was presented back in June. >> So I I I just want to clarify this for a second. Right. What was presented to you back in June, there was no bulk changes.
>> What was presented for tonight, there were bulk changes, >> which we do not agree to. >> So we changed them back to what was presented to you in June. >> Okay. >> Okay. >> All right. >> We'll take a look at it. It'll be
available for your review on the website and you can get a copy from confirm that. >> Okay. Thank you. >> We'll talk I'm sure we'll talk about it on Monday too. >> And just for my own curiosity, who presented the changes?
>> So, it was the engineer the engineering company presented to them to us as a suggestion from Fair Share Housing. >> Yeah. Just >> No, I I I just I was was I was just curious. It was like a pocket developer that was
>> So they're negotiating. >> Okay. >> I know why. >> Everybody get that? >> Anything else from the public? >> All right. Seeing none, I will close the
public portion of the workshop item and we can go into the regular meeting. Does anybody need a break? >> Yep. >> You can take a break. >> Nobody else does. It's okay. >> If you don't if anybody if you need a break, you can get up and take a break.
>> All right. The time is 8:49. We will go into the regular meeting of the Lake Ko mayor and council. Please rise for a salute to the flag and a moment of a silent reflection. I aliance to the flag of the United States of America and to the republic
for it stands one nation under God indivisible with liberty and justice for all. >> Please remain standing for a moment of silent reflection as you um keep in your thoughts please the service members and their families um of those members that
are fighting overseas um this day. Thank you. Sunshine Law, please. >> Notice that this meeting has been provided by the adoption of resolution by American council on the 6th day of January, 2026 in which resolution time
and place of regular meetings commencing with January 6th. The park already have been a copy of the notice post on the bur website and on the bon all meetings are open to the public. >> Roll call, please. >> Counciloman skull >> here. Councilman
>> here. >> Councilman Vric >> here. >> Yeah. Here >> uh can I have a motion for approval of the minutes from the February 17th meeting? >> So moved. >> Second. >> All in favor? >> I
>> opposed. Extensions. Uh communications. We have proclamation and presentation. Um, this is a resolution 2026-52 observing the 250th anniversary of the founding of the United States offered by
Councilwoman Skull. I believe we have a representative from the county here, do we? >> I don't see them. >> No, they were supposed to come, but they didn't make it. That's okay. Um, that's resolution 2026-52 offered by Councilwoman Skull.
>> Thank you, mayor. so offered resolution 2026-52 a resolution of the burough of Lake Ko County of Monmouth State of New Jersey. Whereas 2026 marks the 250th anniversary of the founding of the United States of America. And whereas to observe this
momentous occasion, the US semicentennial commission established by Congress in 2016 and its supporting nonprofit America 250 will plan and commemorate on a national level the celebration of our nation's semi semi-quincentennial.
And whereas New Jersey played a significant role during the American Revolution when it saw more battles and skirmishes than any other state and was truly the crossroads of the American Revolution. And whereas Governor Philip Murphy and the New Jersey State Legislature in 2018 authorized the
creation of a program to plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of the founding of the United States, New Jerseyy's pivotal role in the American Revolution, and the contributions of its diverse peoples to the nation's past, present, and future.
And whereas the New Jersey Historical Commission under the leadership of Secretary of State Deisha Wei with its nonprofit partner Crossroads of the American Revolution established Revolution New Jersey to advance the role that history plays in public
discourse, community engagement and community engagement, education, tourism, and scholarship in New Jersey. And whereas Revolution NJ will engage New Jerseyians in all 21 counties and 564 municipalities through its officially recognized programs,
initiatives, and events. And whereas Monmouth County also has a rich history integral to the independence effort, including the critical battle of Monmouth. And whereas Monmouth County Board of County Commissioners has established by way of resolution
Monmouth County's committee that will commemorate our nation's semi-quincentennial highlighting Monmouth County's role in the fight for independence and will coordinate effort I'm sorry events and activities through Monmouth County working with public and private entities. And whereas it is fitting and
desirable that we commemorate the beginning of our great nation and the role New Jersey and Monmouth County have played over the past 250 years as well as its present and future role as part of the United States with particular focus on the individuals ideas and events that shaped our country, state,
county and bureau. And whereas preserving, studying, celebrating, and enjoying our history strengthen strengthens our communities by way of building bonds amongst our residents engages our youth in the education about our nation and its founding principles, improves our economies by promoting our
unique history, and attracting visitors to our community. Now, therefore, be it resolved that the burough of Lake Ko hereby endorses Revolution NJ and its mission to advance the role that history plays in public discourse, community educ community engagement, education,
tourism, and scholarship in New Jersey. It is further resolved that the mayor and council of the bureau of Lake Ko commemorates the 250th anniversary of the establishment of the United States as an independent nation. Number two, the mayor and council of the burough of Lake Ko authorizes the appointment of a
committee to develop a plan for this commemoration that will coordinate with the federal, state, and county celebration committees and will promote the maximum involvement of our residents, neighborhoods, businesses, schools, historical, and civic organizations and institutions in the
commemorations. And number three, the mayor and council of the burough of lcom further urges all its residents to to reflect upon the significance of this event and the role that our state, county, and burrow and its people have played in the history and development of our nation and to participate in this
important commemoration, endeavoring to include the stories of all those whose lives are part of history and understanding that the revolution continues today as we uphold the ideals articulated in our founding documents. >> All done. Uh thank you very much. Uh I I just want
I do want to give a shout out to our county leaders, our commissioners who have done a real good job uh preparing for this 250th anniversary. Uh and uh they've been preparing for a couple of years. I will admit that I have probably not been as helpful as I would want to
have been. Um but we did provide them with some artifacts I believe Amy um from Lake Ko and South Belmar to mark our uh participation in this event. So thank you all very much and we'll send that resolution on to our commissioners
at the county level. Uh we will move on to reports of committees starting with Councilwoman McIntyre. Nothing nothing to report. Okay. Councilman Riners. >> All matters are in order. >> Thank you. Uh, Councilwoman Abbala Doyle.
>> Thank you, Mayor. Um, I'm very pleased to announce that we had a brief meeting with the current members of the tourism commission. Um, and we are excited for the initiatives that we're doing this year. Uh, first and foremost, it is the 30th anniversary of Lake Komo Day. So,
this is a big year for us with that. So, we've already started having some planning. We discussed our Wednesdays on the water if you remember that having our acoustic uh duos and trios that we had over at the lake and also we started talking about our farmers market. So
look for those initiatives come back again and uh bring something for us all to look forward to in town as the weather starts to break. >> Do you have a date for the day? >> Uh it is currently uh 9:26 226.
Easy date to remember. Um, and then, uh, that's as far as the report from my committee. I did want to take a moment just to say that our DPW and our police and everybody else in town knocked it out of the park. We dealt with two very
um, historic storms and they did an absolutely amazing job. So, I just want to put it on the record and say thank you so much to them for all of their efforts. So, Drew, please pass that along. Other than that, all matters in order. >> Thank you, Councilman Ventric. >> Thank you, Mayor. The Environmental
Commission is going to have a meeting this Thursday at 6:30 uh right here. With that, all matters are >> Thank you, Councilman Duana. >> Thank you, Mayor. All matters. Counciloman Scott. >> Uh thank you, Mayor. Okay, so I have a
couple of announcements for um Wreck. Um, Belmar Recre is um starting signups now for basketball for kids in second through 8th grade next year. Um, it's uh the summer league, but uh registration
is now. Um, the season starts June 22nd. Um, they're also having pickle ball lessons for kids grades 5th through 8th. Um, signups start March 15th and those lessons will be for four weeks, April 10th through May 1st on Fridays. Um and
then last there is um an Easter egg hunt. The annual Easter egg hunt will be um for Belmar and Lacoma residents for kids ages 1 through nine. Um Saturday, March 21st. The event starts at 11:00 a.m. sharp. And it really does start at
11:00 a.m. sharp. Like if you come 11:01, it's gone. >> Um eggs are placed on the fourth and fifth a beach. Um and then age groups are broken up there. Rain date is March 29th. Um, and I know Belmar is looking
for volunteers to help to place the eggs on the beach. So, I will put all of this information, including who to contact at Belmar for that, um, on our website. I'm sorry, on Facebook and then I don't know if you want to put on the website. Yep. So, we'll get that all information out to you. Other than that, all matters are numbered.
>> Thank you. And uh, for my report tonight, I would like to uh, also thank our town workers. I had the pleasure of riding along with Drew while he was plowing in the middle of this snowstorm. Um, it was the most
riveting hour and a half of my life. Uh, I still have to go to the chiropractor to fix my spine. I never realized what uh I never judged anybody who was plowing snow because I never done it before. Um, but now that I've spent an hour and a half doing it, I will never
do it again. Uh, it's like a ballet out there with these these uh trucks moving around. They have to contend with each other. They have to contend with the county. They have to contend with the state um and everybody pushing snow around and they did a tremendous job. Thank you very much. Um I would like to
recognize and thank our police department uh who were was out for the mini parade Sunday this this weekend. They were out in force. Um and our fire department who was called out tonight for a fire on 18th Avenue. Um and their
response time was amazing. Uh, and I just want to give a shout out to them. Thank you all. I do want to give a shout out to Chip Kavanagh on the parade committee. It was not an easy decision to postpone the parade, but it was the right decision. Uh, and it was one that had to be made. Very interested to see
what a Saturday parade does here in Lake. Um, but it's something that we will look forward to on February, I'm sorry, March 28th, um, of this year. Other than that, all matters are in order. Okay. Uh, at this time I'll take a
motion to open for public comments on the agenda. >> So moved. Second. >> All in favor? >> All right. Anyone wishing to comment to the council anything under listed under new business including the uh two ordinances we talked about during our
workshop 20061 and I'm sorry 20261 20262. Can do so now. Seeing none, I'll take a motion to close. >> So moved. >> Second. >> All in favor? >> I. >> Okay. Under new business, we have one
events permit for the Spring Lake 5 mile run. We do have a representative here for the five mile run. Or do we know? Yeah, that's my Can you just come to the mic and uh >> state your name again for the record, please? >> Sure. Ed,
>> thank you for coming tonight. I know this is a formality um for the Spring Lake five mile run and it's something we do every year. Do you have any changes to the race whatsoever? >> Uh no, it's like Groundhog Day. >> Yeah. >> 48 years.
>> It's a it's it's really such a >> 48 years. >> Uh how many people this year? >> Uh same thing. Uh it will be uh a little over 12,500 registered runners. We sold out this year in less than two hours.
I know. >> Somebody needs a >> I will >> uh No, just kidding. That's on the record. >> Yeah. >> Um and uh there's no no issues, Chief. N >> uh Amy, everything's in order. They're
not last on any insurance or anything like that. Um any questions for the council? Any concerns? anything that you need that may not be on the uh I hope you guys do a great job. Tina does a great job with the uh police department police
department and uh race goes off uh Saturday Memorial Day weekend 8:30 and by about uh 9:15 or so we're out of >> Nice. Awesome. All right. Well, I don't know. I've seen some of those walkers. I don't know.
>> Uh anyone have uh questions from the council? Uh, anyone have a motion to Anyone want to make a motion to approve? >> I'll make a motion to approve the application. >> I have a second. >> Second.
>> Uh, roll call, please. >> Yes. >> Councilman, >> yes. >> Councilman, >> yes. Council member, >> yes. >> Miners, >> yes. >> McIntyre, >> yes. >> Thanks very much. I appreciate you coming by and adding to our conversation. >> Thank you for your service. I appreciate it.
>> Thank you. All right. Now, moving on our under new business, we have ordinance 2026-1. This is a first reading in introduction. This is creating a mixeduse affordable house overlay zone. It's offered by Councilman Dan Tuano. Um, and he is
conferring with our attorney right now to make sure that he gets the appropriate adjustments that are being made and that were discussed during our >> uh during our um workshop session.
Just a reminder, this is a first reading and introduction. >> Thank you, Mayor. Uh, so offered ordinance 2026-1, an ordinance amending and supplementing chapter 17 development regulations section 9.3 general business of the burough code of the buro to
create the mixeduse affordable housing overlay zone. Um as discussed in the workshop meeting as amended section four under bulk and design standards to conform with the current um the current standards in the general business zone
minimum lot area minimum lot area 7,000 square ft minimum lot frontage 50 minimum rear yard setback 20 minimum front yard setback zero for retail and mixed buildings front and main street additional streets in the zone must be 20 setback whichever less addition
streets. Minimum sideyard setback 5T on each side. The minimum side and rear setback requirements for proposed structure adjacent to the resial zone is 20 ft. Maximum structure height 35 ft to three stories. The maximum height to the
roof line at the property size 30 ft with this exception maximum 25% of the facade will be allowed to extend to the maximum 35 building height to allow for architectural details that will add a distinct style and variety to the structures facade maximum lot covering
of principal and accessory structures 70% off street parking parking shall conform to the requirements of residential site improvement standards. Questions from council Do I have a second? >> Second. >> Roll call, please. >> Councilman Skull,
>> yes. >> Councilman Dano, >> yes. >> Councilman Mrice, >> yes. >> Councilman, >> yes. >> Councilman Riners, >> yes. >> Councilman McIntyre, >> yes. >> Thank you. We have ordinance 2026-2, first reading and introduction, offered
by Councilman Ventrice. >> Thank you, mayor. So, offered ordinance 2026-2, amending chapter 17 to include section 22 affordable housing ordinance implementing the fourth ground housing plan element and fair share plan. Uh
this was discussed at length during the workshop. Uh just to recap on June 17th, 2025, we endorsed the burrow's housing element and fair share plan and this ordinance will implement that plan.
>> Thank you. Do I have any questions from council? >> Do I have a second? >> Second. Roll call, please. >> Councilman, >> yes. >> Councilman, >> yes. >> Councilman, >> yes. >> Council, >> yes. >> Councilman Riners,
>> yes. >> Council, >> yes. >> Thank you. Resolution 2026-53 offered by Councilman Riners. >> Thank you, Mayor. a resolution authorizing the award of a contractor or a contract for planning
board engineer whereas the burough of Lake Como needs to retain Alan Hilla Jr. PP CME of H2M architects and engineers to serve as planning board engineer to the burough of Lake Ko as a nonfair and open
contract pursuant to the provisions of NJSA 1944A-205 and whereas Alan Jr. PP and CME B and is hereby appointed as planning board engineer effective non tunk January 1st 2026 for a one-year
term through December 31st 2026 and whereas Alan Pillow Jr. credentials has completed and submitted business entity disclosure certification which certifies that he has not made any reportable contributions to a political candidate or candidate committee on the
burough's list in the in the previous one year and the contract will prohibit the firm from making any reportable contributions through the term of the contract. Now therefore, it being resolved of the
mayor and councel of the burough of Lake Como hereby authorizes the burough clerk to enter into a contract with Alan P. Hela at the rates established in the contract for professional services be resolved with the resolution shall be published in an official newspaper of
the bur of Lake Pomo. >> Thank you. Do I have a second? >> Second. >> Roll call, please. >> Councilman Scott. >> Yes. Yes. >> Councilman Vric, >> yes. >> Councilman, >> yes. >> Councilman Riners, >> yes. >> Council,
>> yes. >> Thank you. Resolution 2026-54 offered by Councilwoman Alvado. >> Thank you, mayor. So, offering resolution 2026-54. This is a resolution authorizing the award of a contract for alternate and
conflict planning board engineer. Uh whereas the burough of Lake Ko needs to retain Samuel Vakian PLSP of Leon Savvakian Inc. to serve as alternate conflict planning board engineer to the burough of Lake Ko
bureau of Lake Ko as a nonfair and open contract pursuant to the provisions of NJSA 1944A-20.5 and whereas Samuel Ivakian with his credentials uh B and is hereby appointed alternate conflict planning board engineer
effective January 1st 2026 for a one-year term through December 31st 2026. Um, Samuel Avakian has completed and submitted his business entity disclosure certification which certifies that he has not made any reportable
contributions to a political or candidate committee on the bureau's list in the previous one year and that the contract will prohibit the firm from making any reportable contributions through the term of the contract. Now therefore, be it resolved uh that the
mayor and counsel of the burrow of Lake Ko hereby authorizes the burough clerk to enter into a contract with Samuel Avakian at the rates established in his contract for professional services and be it further resolved that this resolution shall be published in an
official newspaper of the Bur Lake. >> Uh Prunk Nunk Pro Crounk >> Nunk Pro. >> Um do I have a second? Second roll call, please. >> Councilwoman Skull, >> yes. >> Councilman, >> yes.
>> Councilman Vric, >> yes. >> Councilwoman, >> yes. >> Councilman Riners, >> yes. >> Counciloman, >> yes. >> And we have resolution 2026-55 offered by Council McIntyre. Is this your first resolution? >> Yes.
>> All right. Go. So offered resolution 2026-55 be it resolved by the mayor and council of the burough blade ko that the proper office officers be directed and authorized to make payment for the following accounts.
Current account per attached bill list 38,268.71 account per attached bill 110,91120. Uh grant fun 88242 animal control $120 escrow account per attached bill 20625
um AC wire uh payments per attached bill $94,43826 for a total of $244,784. >> Second. >> Second. >> Roll call, please. Councilman. >> Yes. >> Councilman, >> yes. >> Councilman Mrice, >> yes. >> Council,
>> yes. >> Councilman Riners, >> yes. >> Yes. >> Thank you. Resolution 2026-56 offered by Councilman Ryers. >> Thank you, Mayor. Resolution 2026-56 be resolved by the mayor and council for Lake Ko that the proper officers be
direct and authorized to make payment from the following accounts. Uh, New Jersey Natural Gas Company in the amount of $784.79. >> Do I have a second? >> Second. >> Roll call, please. >> Skull.
>> Yes. >> Yes. >> Yes. >> Riners. >> Yes. >> Yes. >> At this time, I'll take a motion to open for public comments. >> So moved. >> Second. >> All in favor? >> Uh, anyone wishing to address the council can do so now from the public.
Seeing none, I'll take a motion to close. >> So moved. >> Second. >> All in favor? >> I. >> Uh, next meeting. Please pay attention to this. >> There will be a special meeting of the mayor and council on Friday, March 13th at 4:30 p.m. Held virtually on Google
Meets. The next regular meeting of the mayor and council will be held on Tuesday, March 17th at 7:30 p.m. No meeting. All meetings are open to the public. >> Thank you. Just for the record, March 17th is Council President Skull's birthday. >> Oh boy. >> Can I have a motion to adjurnn?
>> So second. >> Second. >> All in favor? >> I. >> You're Thank you. Thank you all for your work. >> Thank you, Sam. And now you can't be a wuss.