Son, [Music] >> call this meeting to order. All rise for a flag salute and please stay standed as the mayor is going to take us to a moment of silence after the flag salute. I pledge allegiance 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. >> And what I'm asking for is a moment of silence. Uh one of our firefighters, Tony Clerico, his wife unexpectedly
passed away at the age of 61. Uh Tony was a volunt he is a volunteer fireman. Uh so is his son Tony Jr. and uh so is his uh his wife's brother Chris Martin. So if we have a moment of silence,
please rest in peace. Thank you. >> Thank you. >> Thank you, Mr. Mayor, for that. Um Madame Clerk, may we have a roll call, please? >> Council member Dean, >> here. >> Council member Dill, >> here. Council member Gerity
>> here. >> Council member Johnston >> here. >> Council member McGuigan >> here. >> Council member Owen >> here. >> Council President Habercorn >> here. Also present is Mayor Tap, Administrator Frost, City Clerk Keith,
City Solicitor Smith, City Engineer Snider. Pursuant to the open public meetings act, adequate notice of this meeting has been provided. The agenda for this meeting is posted in city hall and on the city's website
gov.org. Pursuant to city code AE266-8P and to afford everyone an opportunity to address the governing body, the public may speak only one time and not to exceed three minutes. I do want to add to that statement tonight uh two
different uh lines. The word order compliance with policy written or past practice. Examples of supplying a name is addressed when addressing council. This has been a past practice used for transparency. Staying to the threeminut rule and all calling out from the
audience when another person member of the audience, council member or professional is speaking. Word decorum behavior in keeping with good taste and propriety. Examples. No profanity. No shouting. No personal comments. Stay
relevant to topics in front of city council and respect each other's personal uh space. Address all comments to the city council as a whole and not the individual members. Thank you. Do we have any communications?
Not hearing any communications. May I have the mayor's report, please? >> Back to me. I only have a couple things. Uh we have our citywide yard sale which is this Saturday and Sunday 9 to 3. If you go on the city website, you can uh see all the different addresses for the people that have registered. That way
you can go and pick what you're looking for. And uh it's always been a very good success. And that's this Saturday and Sunday, 9 to 3. Uh also, I was in a uh pre-construction meeting uh basically a kickoff meeting for street paving. I
want to give a list of all the streets that are going to be paved before the end of the year. Uh, and what's going to happen here is is that they'll start with all of the ADA ramps and then once the concrete work gets done and cured, then they'll come in and they'll do the asphalt. Uh, but we got Cresant Drive,
Harrison Avenue at Uklid, Buffalo Avenue, Massachusetts in third, Marks Road, West Cedar Avenue, uh, a portion of Roberts, it's a culde-sac that only got paved up so far. And then we also
have New Jersey Avenue right out here. Um we have a meeting. We had some businesses come in because they will be affected so that way we can work with their schedule. Uh so that way we don't in, you know, inhibit any of the business. When they do New Jersey Avenue, it will start from Bay Avenue,
work its way up and then go to Third Street. And that it will all be done before the end of the year. You know, back in the day, the asphalt companies used to close, you know, by the end of September, but now that the weather's a lot warmer, you know, we're able to get a lot more done. And actually, the guy
from South State was saying that sometimes they stay open all the way to the end of December, and then they open up again in March. So, we're uh we're in a we're in a good climate weather for asphalt. I can tell you that. So, and that is all I have on this. >> I'd like to just tag on a couple things
onto the mayor's report. um under the podium at the second level there underneath the microphone. There's two uh handouts if anybody would like to take one. One is on a community event. Um it's going to be a family game game night. That's going to be one Tuesday a month, October through February. The
details are there. And then the other one is our second annual scarecrow uh contest that we had last year being the first behind city hall. That I believe is on November 9th. and all the information if you're so inclined is right there. So, just wanted to tag on.
>> Absolutely. >> All right. Uh, Administrator Frost, your report, please. >> Nothing's needed. >> Well, thank you. Solicit Smith, your report, please. >> Uh, yes. Uh, probably should have given this at the last meeting. Uh, my
failure, so may have led to some questions concerning procedures of, uh, this council. wanted to go over a few things. Uh question why uh we uh request
name and address uh people come to speak in front of council. Uh the open public meetings act 10 col 4-7 purpose is transparency in government public is allowed to attend witness and
participate by way of public comment. Public comment is addressed in NJSA 10 column 4-12. We're only required to have one session public comment in addition to to people
speaking about ordinances. Um we changed this back uh after 2010. I know wherein we started having public comment before resolutions that was made things a little bit more transparent. people were getting up and
they had the opportunity to speak about the resolutions that were on before council enacted them or passed them as opposed to waiting until the end of the night and then speaking about it. The uh length of the portion this is under the
same stat by council. Uh we have no limit on the length of time of uh public uh public session. Uh we do not limit people. We do limit the amount of time
each person could speak and that's three minutes under our statute or uh we also under the statute we have the right to regulate the act of participation of the public at any meeting and that that is
construed to mean that we can ask individuals their name and their addresses. people are only supposed to be discussing subjects that are limited gain to an issue. Uh we had a situation where we had people
speaking about shortterm rebels and everyone will recall that one woman got up spoke about where she resided and she was for short-term rebels and then we had another gentleman get up a little while later and say she didn't reside there. And that's one of the reasons why
we identify who you are and where you reside so that that the public understands now that we are on the media. People are watching us. They understand whether you have an interest in it, what that interest may be. Uh the
there was a reference to uh one of the gentlemen got up and he decided to to assert that he was not going to give his name or address to Daniel's law and and I had asked a very fact specific question. being filed and Daniel's law
was enacted as we all are aware relative to a situation where a federal judge's son was killed uh and her husband was wounded and so our legislature determined that it would enact a statute that control
officers members of the judiciary members who were prosecutors whether they could block their names and addresses off of its municipality such such as your property record
[Music] card. They have my information. No, that's all redacted. If if you meet the uh requirement of >> so a little bit requirement, please don't yell out.
>> Please don't yell out that last time. >> You can raise your hand. you raise your hand and council president will address you. >> But Daniel person raised the hand. >> I'm I'm as close to the mic as I can get and and there's really not a whole lot
and I am speaking a lot louder than I usually do. But the uh Daniel's law, you're not a member of the protected class. You're not a former cop cop. you're not a a a member of the judiciary, former member
of the judiciary, you're not a prosecutor or a former prosecutor. You don't get the benefit of Daniel's law. So So just to throw out Daniel's law, I'm not going to to give you any. If you haven't filed, you're not a member of the protective class. You know, it it it
it's kind of a shame to get up here and assert something like that. The the interesting thing about that is is that under Daniel's law and it's the case of Crowavville, the city
of Brunswick and Anthony Caputo and uh Mr. Caputo uh question was where he resided and and whether or not they uh released the actual specific. This is a Supreme Court case in New
Jersey. It came out in March and his name can be released. The town can be released but not the specific address. This is what our Supreme Court is interpreted to mean. So when someone gets up and we ask for a name and a where your primary address
and they say I'm registered under Daniel's law, they still have to give a name and they still have to give it down. So, just to clarify that issue, the uh you talked about a few things, council president, concerning the quorum. It
it's your obligation under our ordinance to preserve order and to quum. And you do have the right under our ordinance to have individuals removed to make personal, impertinent or slanderous remarks or who become too boisterous to
impeach. Now, one thing I have done civil rights litigation. I represented Atlantic City for years. One thing I can tell you is that first amendment rights are given great leeway in a public uh public meeting like this, but but it's
not all-encompassing. The uh first amendment even protected speech is not equally permitted in all places and at all times. That's the case of Cornelius versus the NAACP. That's the US Supreme Court case 1985.
uh the first and 14th amendment have never been thought to give absolute protection to every individual to speak whenever and wherever he pleases or to use any form of address in any circumstances he chooses and that's coming in California and that's 1971
US Supreme Court case the federal court has consistently held that a public session held by a governing body is a limited public forum under the first amendment as such the governing body may impose unreason may impose reasonable restrictions upon the right to speak.
The underlying basis is that there's significant public interest in having meetings of a governing body conducted in an orderly and efficient manner with reasonable time place and conduct restrictions and limitations. This is case of row versus the city of Coella
and that's 11th circuit uh appeals court in federal court. Now you recall we have a billboard case going on and and in it is reasonable time, reasonable place, reasonable limitations. We can set those
on aspect and that's what we're litigating in that case. examples of reasonable restrictions that the appellet division of the federal court have found requiring the speaker to state their name and address. That's an eighth circuit case imposing a time
limit within which each person may speak. That's right. Anthony 8th circuit again 1984 time limits of 3 to five minutes have been held reasonable and pass constitutional muster. That's the uh 10th circuit 2007. the right to
interrupt a speaker who refuses to abide by the required time limit restriction or is excessively repetitive. You turn off the speaker's microphone who was disruptive and remove the speakers to interrupt proceedings, speak out of turn or otherwise violate the rules of order.
that is a six circuit case and a ninth circuit case uh requiring this is an interesting one because I talked to work both in the city of Jersey City as well as the city of New York and in their solicitor's office and both of those
towns have restrictions that are quite interesting. People have to sign up. People are limited the amount of time and if you don't sign up you don't get to speak. They limit the amount of time of the uh the open session, public session. So 30 minutes and if five
people sign up and it's 30 minutes, they don't have to go any further. And that's been upheld by the federal courts requiring pre-registration of persons to speak. Sixth circuit presenting written questions in advance of a meeting is required in South and
that's the second circuit. limiting persons authorized to speak to taxpayers. We don't do that here, but the one thing we do is ask where's your primary residence? And if someone's going to tell you that that they live in the town, but they're not a tax payer.
That's one of the questions that council member post. We could limit people to that. We haven't chosen to do so. restricting the use of banners, placards and flags during the meeting because those create a distraction and service
that and we can limit placement of cameras in our our meeting. So, I just want to council note that one of the differences between I say to you and what other individuals who may get up, A, I went to law school. B, I passed,
you see, I actually passed the bar and and I've been a practicing attorney for 38 years now, and I've been representing for 38 years. I've litigated civil rights cases in federal court. So, I do have a a a smidgen of knowledge
concerning what what a public entity can or cannot do. So, I just wanted to make everyone aware of that council. Um probably should have done this before the last meeting and and I didn't and we saw what occurred last meeting, but I do
want council that we can make on all I have. >> Thank you, M. Thank you, Mr. Smith. Anybody have any questions for Mr. Smith at this time. >> Mr. McQu. >> Oh, no. No. Okay. >> Excellent explanation.
>> Thought you were getting ready to say something, Mr. Schneider. >> Uh, as the mayor um described, we had the New Jersey Avenue reconstruction meeting and the 2025 road reconstruction meeting and the contractor anticipated
starting in mid-occtober. Um, just want to remind council that New Jersey Avenue is a 100% grant from DOT, so that's not costing the city anything for repaving. >> Thank you. >> Um, Shore Road pedestrian improvements continue. Um, right now they are by
Medical Center Way. There's also a push button proposed there for flashing for pedestrians. So that that'll be ongoing. New Jersey American Waters replacing the water main on Shore Road between Ocean Heights and Myron. um they're at doubling the size of the water main for
availability for um customers. So that's why that's being replaced and landing lane striping. Um I know we met with the residents and they requested striping. That is being on hold right now because the gas company since they tore up the
road is required to repave the whole street and they should be doing that with the next two to three weeks. So it doesn't really make sense for us to stripe the road and then have to tear it up. So that's the reason that hasn't been done. Thank you, Mr. Snider. We have any uh committee reports,
>> council president? >> Yes, sir. Mr. >> I just like to uh deliver some positive news. Uh we received notice from sustainable Jersey that uh we have achieved the again the uh certification
bronze level uh in that sustainable Jersey program and that will uh is beneficial uh as we uh attempt to get grants through that program. Uh and that that was spearheaded by our green team and uh who the chairman is Mr. Elby here
and I just wish to uh congratulate them on that uh effort and that uh achievement. Thank you. >> Thank you, >> Council President. >> Yes, sir. M. >> Yes. Uh Arts Commission about two weeks ago we um had Arts in the Park. It was
fantastic turnout. Over 29 participants, over five food vendors. Um I want to shout out and thank all the volunteers, all our sponsors. Um it was it was a great success. It was a beautiful day. Uh
on top of that uh with the uh artwork uh Dolls Avenue School that participated with their art arts program. Some of you might know that uh if you don't know some of their displays are out here uh out here in city hall uh for display.
And it gets even better that uh it's more than welcoming to have those displays uh being shown off over at the like I would like to say our partner uh Shore Shore Physicians Group um Shorel
Hospital uh to have those displays uh basically uh sometime in the near future being displayed on their uh believe it's the area between the uh the parking garage and where you walk into the main corridor.
>> Um, so that's that's that's fantastic. I mean, sure sure Physicians Group uh we're more than over the moon to see them come back next year as well as uh a big hand with uh shared marketing.
um coming up uh in the future October 18th uh over at the senior uh senior slash uh building arts I like to call it the arts commission but wreck building on uh Amber Road. We're going
to have uh October 18th creative storytelling uh with with poetry and pros readings uh by William Patrick Tandy. Uh workshops begin at 4 pm along with pizza uh going on. Pizza will be at 6:30 with open mic
starting 7 pm. So that's uh what I have to offer for tonight. >> Thank you, Mr. Holland. >> Okay, Mr. Gary. >> Yeah. Uh last night at EDAC, uh we continued our discussion on uh one of
our brownfield sites and at the last meeting I reported that we could hire a Let me know if I screwed this up, John. LSRP. All right, I knew it was four letters. uh a professional that would review all
of the DP information and explain to it and I reported at the last meeting that there was a grant available to hire this person. Uh that's only if the city owns the property. So it's a $4,000 cost. Uh
EDAC decided last night that it might be a good investment uh because we think that there's a future for that brownfield site. And I concur with that. Uh so basically they're asking if there's a possibility that council would
entertain spending the $4,000 to hire a professional and I'm not really sure what the procedure would be on that because it's a professional. Do we just go out and hire somebody or do we have to advertise for that professional? >> Mr. Frost, I'm going to defer to you on
that one, please. >> Sure. So it kind of depends on the threshold of the scope of services. If it's cost not to exceed $4,000, I would suggest building out qualifications just so you can see what other
professionals out there. That process takes about 20 days at which point. >> Okay. So then we could have an answer by the second meeting in October then. >> Yeah, absolutely. >> Okay. Okay. Do we have to pass a resolution to go out for that at the next meeting that we just do it
>> right now? >> Uh me or all of us? >> Because if it's just me, I'll go >> for it. I don't have an issue with it. I >> I just have a question. Um so the property owners have I'm assuming you're talking about Manding
the gas station. >> Yeah. >> So that property owner has done extensive studies on that property. Does he not have any results? No, we have the results. We actually physically have the paperwork. We don't understand
what's in there. We want to hire a professional to look at it. We have a lot of questions that were asked and to see if there's anything that we can do as a municipality to help that property owner and and move that along. And that's
>> okay. So, that's great. Last year um I had spoken to Mr. Latau because there is grant monies out there to for the municipality to purchase properties like that, but they look at the results of
the environmental studies and whether or not you qualify. So maybe that we might want to do that first before we spend $4,000. And well, actually, we wanted to spend the $4,000 to see if it the professional told us, is this a property
that possibility would be a good investment for the city or maybe not a good investment for the city and to totally understand what it means in all the reporting and everything. And also I understand there's other grants
uh involved in this and we had questions on or are those grants available for anyone who owns the property or is it available just for the person that applied for it. So, we're trying to it's more of an information gathering to see what our next step is.
>> Well, it's very easy to figure out the value of a property, but and this property is not really can't do a whole lot with it as far it's not very big. So, >> yeah, we're not looking for the the price of the property. We're looking as far as maybe being able to do something
with the property. So, it's not an abandoned building with a chain link. No, I'm just saying I understand that, but I don't understand why we need a study for that. Just >> it's not a study. >> You wouldn't use a professional that'll go through the property for anything. You're not going to We're just going to
>> Yeah. >> fix it up, tear the building down. >> Understand it. >> Are you saying this individual will then evaluate and analyze the data? >> Yes. that somebody already did >> that another why can't we just go to that professional and say okay explain
this to me because we'd have to pay this >> no I don't want to do that >> that answers my question just a point of clarification we're only asking at this point go out and get this >> get a price >> and then we'll get the quote and then we'll have another bite of the apple
whether we actually want to spend the $4,000 >> yes based on what the quote says >> yes that's kind of where I I believe we are Jason right work that out that way right >> yeah provid much quicker uh the planning board met
this month and they approved the site plan approval final site plan approval for 90 Broadway >> he's he's ADHD over there >> I thought you were I thought you were I do I do have >> I do have a question Jason said I get to
decide But this is what we're going to do. I just wanted an answer is everybody. >> The person the person we're looking at, are they going to be able to advise us whether or not we're qualified for grants or anything of that natur? >> Yeah, I would imagine so. I mean, John is the real point leader on this if you want to ask him any questions. I don't want to put him on the spot, but I mean
we EDAC has really been into, you know, we were told at the beginning of the year to pick one property and concentrate on it and see if we can make any improvements. they are making leaps and bounds on this property but now they have come to a stumbling block and this
is what they feel and I concur with them is to get to the next step in >> okay so the the question in front of us is to allow Mr. for us to put together a request for a quotation to go out and the scope of work for what you know was just assigned. >> Is everybody okay with that?
>> Yes. >> Y anybody opposed to that? >> I don't know that that it's necessary. I I would ra I would I'd rather at least talk to Mr. Battala and see if you can give him what you have and he should be able to tell you whether or not we would
qualify for grant money. >> Well Well, doing what Mr. Frost is going to do isn't going to cross this any actually do both at the same time. >> Yeah. Okay. Just so >> do what Mr. Frost is doing. Let's give direction on that one. I think we're all in agreement there. Mr. Frost put that
together. Correct. Okay. From there, after that's together, we can ask Mr. Retella what he thinks the next steps would be based on getting money. Yeah, >> that would be another question. Okay. >> Anything else there, Mr. Gary? >> Oh, no. I'm not opening my mouth. I need
Thank you. back to Mr. Talk about >> I will I will be shorting board met this month and approved uh f final site plan approval for 90 Broadway and it was unanimously uh voted on. Thank you.
Any other reports? Not hearing any other committee reports. So we'll move on. I you know I I made the comment a couple meetings ago that I wanted to hear more committee reports. I want to take that back. I think >> careful what you wish for. >> Okay. Okay. The next on the agenda is approval of the minutes. May I have a
motion and a second um on approving the minutes for the August 28th, 2025 meeting? >> I'll make that motion. >> May I have a second, please? >> Second. >> Any comments? Not hearing any comments. All in favor? >> I.
>> Any opposed? Not hearing anyone opposed. You both mentioned meeting minutes are approved. Now, I'm going to go back to the mayor here as he has a couple of proclamations he would like to share. Yeah, this will be a lot easier. Uh, proclamation number six of 2025,
knockout opioid abuse day, October 6, 2025. Whereas the opioid epidemic has become one of the greatest public health crisis of our time, claiming countless lives and causing untold suffering for families and communities across our nation. And here in Summers Point, where
education and awareness are powerful tools in the fight against addiction, helping residents understand the risks of opioid misuse, supporting those in recovery, and reminding us that all that no one is in this battle alone. Whereas
the partnership of the drug-free New Jersey has established knockout opioid abuse day to focus attention on prevention, treatment, recovery, and the importance of safe prescribing practices while also reducing the stigma that too often prevent individuals from seeking
help. Whereas the state of New Jersey has permanently recognized October 6 as not opioid abuse day, calling upon every community to stand together in hope, compassion, and action. where local organizations including the join
together Atlantic County and the Greater Atlantic Partnership have shown outstanding leadership and commitment in supporting uh prevention efforts and provide resources to those affected. Therefore, I Dennis Tap, mayor of the city of Summers Point, do hereby
proclaim October 6, 2025 as Knockout Opioid Abuse Day in the city of Summers Point. And I call upon all the residents to honor this day by learning more, speaking openly, supporting those who struggle, and work together to break the cycle of addiction. And together we can
build a stronger, healthier, and more compassionate community. Uh, on a personal note, I can actually say after having rotator cuff surgery, they are very stingy when it comes to handing out opioids anymore. Back in the
day, they would just hand you a big file of it and here you go, have at it. And now you go and you get it done and between the nerve block and they give you five and they tell you just to take it to go to sleep and that's it. And there is no refills. So they are taking it very serious and I commend them for
that. Um, second proclamation is proclamation number eight and this is recognizing tomorrow, September 26, 2025 is a day of remembrance for Private First Class Anthony Sausto and all the fallen heroes honored by the Run for the
Falling event. Whereas the New Jersey Run for the Fallen is a solemn and honorable event held annually to recognize and remember the brave service members of New Jersey who gave their lives in support of the global war on terror. And whereas in 2025,
the whereas the 2025 run for the fallen will take place. It starts September 24th and it goes to the 28th covering 225 miles across the state where each mile dedic is dedicated to a
fallen hero. Whereas Private First Class Anthony J. Sauso, a native of Summers Point, New Jersey, served with distinction in the United States Army, as a member of the First Battalion, 38th Infantry Regiment, Fourth Brigade, Second Infantry Division, and tragically
lost his life on May 10th, 2007 in Baghdad, Iraq. Whereas PFC South will be commemorated during the run for the falling at 7:07 tomorrow morning uh September 26 at Patriots Park where there is a huge monument to honor him to
remember him where family and friends and the community will gather to honor his sacrifice. Now therefore, I, Dennis Tap, mayor of the city of Summers Point here, Dubai, proclaim September 26, 2025 as a day of
remembrance and recognition for Private First Class Anthony J. Sauso and all the fallen heroes honored by the run for the fallen event. On another personal note, um AJ went to school with my boys. I
coached AJ in baseball, coached him in hockey. Um it's sad to lose someone so young. Um but if any if everyone's available 7:07 the runners will come down. Some of the
volunteers down there will hold flags. They go the whole troop goes they salute. They recognize his name. A lot of times his family's there. Actually I coach his brother you know his brother will be there. Uh, and it it really takes about 10 minutes, but it's it's a
great tribute to the family to let them know that, you know, AJ's not forgotten. So hopefully everyone can be there. >> Mayor, just to add that we did dedicate street 10th Street to in his name. >> Yes, we did. Yes, we did. >> Many years ago.
>> All right. Thank you, Mr. Mayor. >> That's And now we're going to move on to ordinances. We do have one ordinance tonight and it is a first reading. Um, madame clerk, would you read number 17 of 2025, please?
>> Ordinance number 17 of 2025, an ordinance of the city of Summers Point, County of Atlantic, State of New Jersey, regulating the operation of electric bicycles on municipal bike paths and public sidewalks, amending chapter 250, vehicles and traffic, article 8,
bicycles, skateboards, skates, and scooters of the municipal code. >> May I have a motion, please? I'll make that motion. May I have a second? Second. Any comments? >> Um I have a comment. Uh Council President, um I'm glad that we're doing something
about this. Obviously, this is a huge um necessity that we do need to change our laws as far as these ebikes are concerned. Uh, I'm not sure this is the solution, but since there hasn't been any conversation with all of council or with
the public, I'm just hoping that this council as well as the public please speak up and come forward with your ideas and your suggestions and uh let's try and do this all at one time and fix this situation for our um for
our bike path and for our bike riders and whatever the safest and best solution is let's please get all of your ideas and let's make a a decision here. I'm a little upset that this is actually on the agenda without having conversation first, but
um that's the way we do things. So now so um that's all I have to say. Thank you. >> We do have a twoe period between now and the next time you can comment. We do have a two-eek period and comments can
be at the next one. >> You say that again. >> We we can get you a copy. The city clerk can give you a copy of the uh the ordinance. >> How can I get that? >> Stop by the city clerk's office and she'll be able to give it to you. Okay. >> I also just want to make a real quick
comment. Um there is a proliferation of ebikes as since really since 2022 and many municipalities are really wrestling with this proliferation. Lynwood who we share a continuation of the bike path was has developed
ordinance related to ebikes recently. Each council member was provided the copies of those two ordinances before this was put on the agenda and the city clerk had sent those out. If you don't have those, um, you can reach out to, uh, the city clerk again and she'll make
sure you have them. What is being proposed here is very similar to what is going on with the Lynwood ordinance. And when you share something with somebody else to have a continuation, it was my judgment to put this on right now as an
opportunity for us all to look at what Lynwood had, what we're suggesting, and marry them up as best we can. We do have a two-eek period till the next comments come. Any other comments on this? >> Mr. President, if I may. >> Yes, sir. Uh basically to summarize this
is really separating uh ebikes and and other electrical driven devices uh from the bike path uh among sidewalks and so forth and and you know uh is that a is that going to solve all this situation
with ebikes? No. But it's going to solve or or it's going to limit the problem that we have on the bike path. And uh and and anything and and it may get worse if a ebike runs into a a poor 5-year-old that's out there with his first uh manual bike trying to learn how
to uh to be a bicyclist and and we have some sort of accident. So I I uh commend you for getting this on the agenda. And uh and you know, as an ordinance works, uh we put a first reading out here so it it's publicized and then there's a
hearing at at the second reading for the public to comment and and offer their uh input. Thank you. >> Any other comments? >> Council President, just one question. Uh did the police department review this too? >> Not sure on that yet. I'll have to follow.
>> Just make sure they review it before uh before the second reading. All it did was clean up or a little bit citations. It recognized
unlike where they address my opinion going back. We don't really care about the classification of the ebike. We just were banning ebikes. Okay. And then we never have a category
for addressing motorized bicles. So we put that and then the uh excuse me the scooters for loop too and identify motorized scooters at one point but we but the way the ordinance is written you
have to classify any scooters also. That's really all it did. If you go look at our ordinances, you'll see that it's quite lengthy
I think 2013. So just cleans up some of this stuff that are also >> and I will I will follow up with the chief. >> Yeah. I'm just like as a as a courtesy more than anything else to have him have
the police department whoever in the police department review it and make any recommendations also has to go to the uh [Music] >> to make sure that's all done in advance of us passing.
[Music] >> We have to make sure delayed by so we want to make sure >> Mr. Pampl uh sometime in the future that we need to do more but this certainly is a step
in the right direction >> there's no doubt about it Mr. the pamphlets and you know I just felt like when we saw the uh the Lynwood come through taking action to be consistent was very important for us. Any other
comments? >> Uh council president. >> Yes sir. >> U basically we're trying to address public safety. We want the public to be safe when they're out there walking on the bike path and not getting smacked by an ebike doing about 30 m per hour. that
happened to my sister-in-law over in Lynwood about three, four years ago and she needed medical attention because of it. Somebody not paying attention on their ebike and technically roing belong on the bike path.
Thank you. All right, any other comments? Not hearing any other comments. All in favor? >> I. Any opposed? Not hearing any opposed. Ordinance number 17 is introduced. Now we're going to move on to resolutions. I need a motion and a second to open for public comment.
>> I'll make that motion. >> I have a second. >> Second. >> Okay. All in favor? >> I. >> Any opposed? Not hearing. Anyone is opposed. We are now open for public session on resolutions only.
Motion to close public portion on resolutions. >> Somebody wants to >> Oh, is there someone? >> Yeah. >> Oh, okay. They're not. >> That's G. >> Yeah. >> So, there will be a public session and
at that point, Tom, that's when they'll be able to come up and speak. Correct. >> Yeah. So what when we get to public session, you come can come up and do that. Okay. >> Thank you. Again, I'll make the motion to close the uh public portion for resolutions only. >> We have a second.
>> Second. >> All right. All in favor? >> I. >> Any opposed? Not hearing any opposed. We are now closed to public session. Madam clerk, >> Mr. President, I just like to interrupt you for a second. Uh, I'll be recusing myself on resolutions 212 and 215
because of a recent conflict of interest uh with a third party in this project that I have an association with. and also from 206 County Library because Jim Franklin, our
former solicitor, would never let me vote on anything that pertained to the library because my wife works in the Egg Harbor Township Library. >> Are we in EHT? >> I'm just going by past practice here.
I'm not saying so I'm making it a trifecta here. Not Tomith. >> No. No. I'd never asked what Tom Smith thought. >> Okay. So those those three those three you will be recusing yourself from.
Okay. Great. Now let's move on to Madame Clerk number 206 of 2025. Please. >> Resolution number 206 of 2025 authorizing lease with Atlanta County Library. We have a motion.
So moved. Have a second. I have a second. Second. >> Any comments? >> Um I I I just have one quick comment just um this I just wanted to clarify that this is the lease. It's actually retroactive.
It's for 2025. It's not a new lease. >> And I wanted to let everyone know that the library committee is meeting and doing some research and trying to tweak this a little bit. So, um >> yeah, this um just came through from the from the county. Uh and it does run
January 1st of 2025 through December 31st. >> Right. Okay. >> Okay. All in favor? >> I. >> Any opposed? Not hearing. Any opposed? Resolution number 206 is approved. Number 207.
>> Resolution number 207 of 2025. A resolution of the city of Summers Point authorizing change order number one to increase the cost of resolution 100 of 2025 in the amount of $3,93511 and authorizing Mayor Dennis Tap to
execute said change order. >> I have a motion, please. >> I'll make that motion. >> I have a second. >> Second. >> Any comments? Not hearing any comments. All in favor? >> I. >> Any opposed? Not hearing any opposed. Resolution number 207 is approved. 208,
Madam Clerk. >> Resolution number 208 of 2025, accepting bid results and acknowledging terms and conditions of participation in the South Jersey Power Cooperative Electricity Supply Purchase. >> I have a motion.
>> I'll make that motion. I have a second. >> Second. >> Any comments? Not hearing any comments. All in favor? >> Any opposed? Not hearing any opposed. Resolution number 206, I'm sorry, 208 is approved. Number 209, please madam
clerk. >> Resolution number 209 of 2025 authorizing purchase of firefighting equipment and rescue tools through the Sourcewell National Purchasing Program contract from Municipal Emergency Services, Inc. contract number 020124
for the city of Summers Point. Have >> a motion, please. I'll make that motion. Second. >> Thank you. Any comments? Not any comments. All in favor? >> I. >> Any opposed? Not hearing. Any opposed? Resolution number 209 is approved.
20110. 210. 210, please. Resolution number 210 of 2025 authorizing purchase of firefighting apparatus and fire service vehicles through the Sourcewell National Purchasing Program contract from Oshkosh Corporation contract number
113021 for the city of Summers Point. >> Have a motion, please. >> I'll make that motion. >> I'll second. >> Any comments? Not hearing any comments. All in favor? >> Any opposed? Not hearing any opposed. Resolution number 210 is approved.
Number 211, please. >> Resolution number 211 of 2025 authorizing executive session advice of council and attorney client privilege communication regarding the status of litigation involving the city entitled GMH Restaurant Holdings LLC. GMH
Restaurant Enterprises Gary M. Holloway versus the city of Summers Point having a docket number of ATL- C-37-25 >> on executive sessions. We'll go into executive session at the end of the meeting and um we'll go in there and
they have a motion, please. >> So moved. >> Have a second. >> Second. >> Any comments? >> We're not allowed to comment. >> Yes, >> we're not allowed to comment. That's my comment. >> That's true. All in favor? >> I. Any opposed?
Any opposed? Number 212, please. Resolution number 212 of 2025 authorizing executive session advice of council and attorney client privilege communication regarding the status of litigation involving the city entitled Levi Fox vers city of
Summers Point Summers Point Planning Board having a docket number of ATL-L002581-25. Have >> a motion moved. >> Second. >> All in favor? I any opposed? Any oppose?
Resolution 212 is approved. Number 213. Resolution number 213 of 2025 authorizing executive session advice of council and attorney client privilege communication regarding anticipated contractual negotiations relative to the
potential construction of a new city hall by way of a public private partnership. >> Have a motion. >> I'll make that motion. >> All right. Have a second. Second. Okay, we're not going to do any comments and any all in favor. >> Any opposed? Not hearing any opposed.
Resolution 213 is approved. Number 214. Resolution number 214 of 2025 authorizing executive session advice of council and attorney client privilege communication regarding the issues arriving arising from the settlement between the Plantation Bay LLC and the
city of Summers Point in the Mount Laurel litigation commenced in the Superior Court of New Jersey by Plantation Bay LLC docket number ATL-L-7302-06. >> So moved. Second. >> Wow. All in favor? >> I. >> Any opposed?
Hearing any opposed? Resolution 214 is approved. Number 215, please. >> Resolution number 215 of 2025, authorizing executive session, advice of council and attorney client privilege communication regarding the status of potential development negotiations
involving contract purchasers of 90 Broadway in the city of Summers Point. >> Moved. >> Second. All in favor? I. >> Any opposed? Not hearing opposed. Resolution 215 is approved.
>> 216. >> Resolution number 216 of 2025 authorizing executive session advice of council and attorney client privilege communication regarding the status of and potential litigation arising from affordable housing obligations imposed
upon the city by the fair share housing center. >> Motion please. So move >> second. >> Second. >> All in favor? >> Any opposed? Any opposed? Resolution 216 is approved. Then we're going to move on to 217.
>> Resolution number 217 of 2025 awarding bid and authorizing agreement for the supply and installation of a new floor for the city hall building. >> Motion. Please motion. >> Second, please. >> Second. >> Any comments? >> Not hearing any comments. All in favor?
All right. >> Any opposed? >> I'm no on this one. >> Okay. Thank you. So, we uh Yeah, it's it's approved. >> 217 is approved. >> Let's go to 218. >> Resolution number 218 of 2025, hiring
school crossing guards. >> Motion moved. >> Second. >> Second. >> Any comments, >> Mr. President? >> Yes, sir. If I may, I'd like to uh thank all the uh people that uh do do that job for us. That's very important. Make keep
an eye on our children. I'd like to point out one in particular, Mary Matricardia. Uh and her effective date of hire was March 1st of 1989, which is 36 years ago. And in those 36
years, at least 10 of those years, she shepherded uh uh Mcwigan children across the street. and I uh want to thank her again for that. >> Thank you. >> Any other comments? >> I I just want to make a comment. Um yes, thank you for protecting our children,
but they also protect us adults. I was on the bike path yesterday and if you go during school time, u they get you across the street. So they do >> that that and at Groand and Road I've used them a few times across. So they
are they do an excellent job. Any other comments? Not hearing any other comments. All in favor? >> I. >> Any opposed? Not hearing any opposed. Resolution 218 is approved. I do need a motion and a second for the consent agenda. >> I'll make that motion.
>> Second. >> Any comments? I'm hearing any comments. All in favor? >> Any opposed? I hear any opposed. The consent agenda is approved. Old business. Anybody have any old business to discuss?
Okay, not hearing any old business. Let's move to new business. We do have a social affairs permit application for the American Legion. That event is on the 19th of October from 11 to 5. And then we also have approval to wave a
raffle fee for pull tabs at the BFW. Um are all the information approved by chief? >> Yes, >> all the information for that are those two are approved by the chief. Um, are we all in agreement to allow that to happen? >> Yes. >> Anybody opposed to that? No. Okay. So,
those two are good. Let's move to the next page. We do have approval of two uh firefighter applications. Approval of New Jersey State Firefighters Associate application membership for Thomas Eatella the third followed by approval
of the New Jersey State Firefight Fighters Association application for James Perth is the way that said um everybody okay with that? >> Yes. Absolutely. >> That's is great to see this two names. Yes, >> it is great.
>> Yes, thank you problem with that. Nobody has a problem with that, right? Great. We're good to go. >> Mr. Forest, do you give the storm water report? Okay, you're off. >> This is exciting. I can't wait. >> Now, I promise
I promised Jason this week give him a hard time and he did the >> Jason proceed. Five minutes. >> Okay. >> Starting starting three minutes ago. As a result of rules published by the US
EPA and developed the municipal storm water regulation program, there are four different types of permits proximity of the coast. We are considered a pure A permits address storm water quality issues against new development existing
development by implementing statewide basic requirements that include among other items that municipalities adopt and enforce a storm water management plan. In April of 2004, Summers Point implemented the storm water pollution prevention plan and adopted a storm
water management plan. In March of 2006, we adopted a storm water control. The city also has a storm water pollution prevention plan that's been periodically updated since 2004. The last time being December 2023 in conjunction with storm water
pollution management. We've also adopted ordinances that regulate pet waste disposal, littering, improper waste disposal, wildlife weeding, yard waste, elicit connections to the storm water system and dumpsters. New ordinances were passed in 2018
concerning wildlife feeding and improper waste disposal to further bolster the city's effort to manage storm water pollution prevention. complaining teams that he also reached out by letter to all private operators of storm water facilities to ensure that there they are acquainted with regulations
mainted for evidence of elicit connections. In 2024, all 43 were inspected with no evidence of or scouring and elicit connections. In 2024, the city slept 80 miles of streets and collected approximately 20 tons of debris during
our street sweeping. That's a total of about 500 pounds per mile of city streets. These are materials that could have washed into the storm. The city operates 649 cash based additional
city cash based in 2024. We replaced 84 storm drain grates with grates that are now better designed to prevent pollutants from entering the a total of 487 or roughly 75% of the
city's storm drain rates have been converted since 2004. City has adopted standard operating procedures that deal with fueling operations, vehicle maintenance and cleaning, road salt storage and annual employee trade. Since approximately 60%
of our water pollution problems are attributable to storm water pollution and storm water pollution often linked to our daily activities and lifestyles, many people who allow motor oil, trash, and pet waste to enter the storm sewer industry don't realize that it will most likely end up in the bay just a few
blocks away. It is important that we all make an effort to keep pollutants out of storm water system. >> Anybody have any questions for Mr. Frost? >> Yeah, I appreciate that, Mr. Frost. >> It's good. Good. We keep our environment clean. Keep keeping our storms storm
basins and everything else clean, >> you know. Thank you. Protect the environment. It's good. So I just want to get everybody's nod that we accept the storm water report as presented by Mr. >> Yes. Agreement. Thank you Mr. Cross for
that. >> And you're still up because we have to discuss the bills now, sir. >> We have two record payments, one for $830, the other one for $3,813.31. And we have a couple bill list
10,753,49356. >> Thank you. >> May I have a motion to open for public comment, please? >> Council President, before you do that? >> Yes, sir. >> Uh, Councilman Mcwigan brought up a crossing guard who has worked for us since 1989.
Perusing the list, we have five people that have at least 25 years of service. I'd like to see us offer a resolution thanking them for their use of service. >> That sounds like a great idea. Thank you. Thank you. Okay, going to public portion. May I have a motion to open,
please? >> So moved. Second. >> Okay. All in favor? >> I opposed. Nobody is opposed. We are now open for public session. My name is Garden State Accountability
and I'm from New Jersey. It's a good thing the lawyer isn't in charge because he's a dictator and uh he likes to >> remember what I said earlier >> through the chair to the meeting comments. >> It's a good thing that the lawyer is not in charge because he's he's definitely a
dictator. I don't know if it's related to or please. It's >> crazy. So the the I I I went to that uh school that they named after that woman through uh Daniel's law. Forget the name of the school now. I was there on
Tuesday. Let's see what it was. The uh Esther Salace Academy in uh in uh Union City was there on uh Tuesday or Monday. So I know I know about Daniel's Hall, you know.
Um I think I can speak to anybody through the chair. Am I right? like all comments to go to the full >> so through through the chair to somebody I can I can definitely do that full counsel but I have the right to speak about any topic I want right
>> I want to hear all through the full >> so uh last time I was here the police um told council members to watch what you say and point it to their body cameras um like saying it's a warning watch what you say because people might get the
body camera footage I actually did get the body camera footage from the last meeting and I saw that I don't know whoever was in the office was actually watching the meeting. That's how he knew to come in here to say, "Oh, it was like a bad movie talking about The Nightmare on Elm Street." Um,
the lawyer wants to try to silence the public, right? It's probably specifically me, but it could be anybody. Um, he's saying you can limit speaking time. We actually want to raise speaking time. We want to
bring it from 3 minutes to 5 minutes. In Edison, it's 6 minutes. Uh, Union City, we get 5 minutes. Um, in uh the township of Graten, Connecticut, they raised they they they
actually lowered the time from 4 minutes to 2 minutes and we're fighting that. You want you want two minutes? The people want to speak. The people want to be heard, right? We we have the right to be heard. I have
he he can say all he wants that I don't have to give my name and address or or that I have to give my name and address. I didn't hear tonight. But he's probably gonna he's probably going to say that was so and so in dot dot dot for the record
after we after we we uh do that. But if he does that, I have something I have something for that. Um so why did uh Joe Fleshman, the bond the bond councilman for zoning
and uh planning for 15 years. He's not being reappointed. Why is that? And instead, you're bringing a union back law firm from North Jersey. >> Sir, your three minutes are up. Thank you. C >> can we get a clock here? >> Yo, can we get one we can actually see? The public can see.
>> Your three minutes are up. >> Thank you. Can we get a clock? Can we get a clock? >> Three minutes up. Thank you, sir. >> People would like that. >> Thank you, sir. I appreciate it. All right. >> As I said, no calling out of the from the audience, please. >> Don't do that.
>> Thank you. >> Good evening, council. My name is Gary Hollow Jr. I reside in Malvin, Pennsylvania. I'm here on behalf of GH Restaurant Holdings. I'm the CEO of GMH Communities. I'm happy to give my address in Pennsylvania if you like.
>> Okay. Thank you, sir. Um, my father couldn't be here tonight and I want to introduce Steve Burl to you, our chief development officer. Um, we want to be upfront that we have not been directly involved with the noise ordinance issue that my father is as has before before
the council. Um, but rather we want to talk about GH and what GH does for a living. We're developers. We're national developers. Um, we've owned this property and our family for over 20 years. And tonight, what Steve wants to
talk to you about is a proposal to come back to this council and work to redevelop this property. We really feel that the current use is not the highest and best use of the property and we'd love for you to listen to us as we present over and we know it takes time.
We do this for a living. Um, and for that, we'd like some concessions to the matter that is before on on the noise. So with that, I'm going to turn it over to Steve Burl, our chief development officer. Thank you for your time. >> Council President, do we want to give an
additional three minutes now or just >> This is a second speaker, so yes, we can do that. >> Okay, >> Mr. Smith, am I allowed to do that? >> Okay. >> I need your name and >> Good evening. Steve Burl, chief development officer with GH New Town Square, Pennsylvania. >> Thank you.
>> Thank you. Um, so we don't have a development plan to present to council tonight, but we do have a long-term vision for the property, and it's it's not to operate the property as a restaurant or as the point as it currently um exists. Uh, as Gary said, we think the site has far greater
potential. We really want to work with the city um and the community to come up with a redevelopment plan. In our opinion, a boutique hotel would would do great on the site and that's the vision that we've been thinking about for quite some time. Um that obviously uh to come
to fruition will take two to three years. You know, that's working with the community, working with all of the stakeholders, working with the city, uh all permitting authorities. Um and you know, during that time, however, um we
still need to operate the business. We need to operate the business in order to cover holding costs. Um not to let go staff. Um and we do think that um you know it's a good amenity for the community. It does reside in the entertainment hub. Um does help with
tourism activity um vendors etc. Um but we really are here tonight to to respectfully request a temporary agreement um that would allow the point to stay in operation for a period of time that we can um negotiate during
this redevelopment permitting period as we'll call it. Um and we have a proposal that um I would say is a lesser request than what I believe was before council previously by um our council Steve Hanken. Just a little background, and
I'm sure this is known, but right now we're the only outdoor venue in town. Um, we're competing with indoor bars and restaurants that uh are permitted to play music until 2:30. Because we are outdoors, we have to shut off music at 11:00 at, you know, that's a real
competitive disadvantage, especially given the fact that most of our business is done at nights during the weekend. Um, we'd like council to consider the temporary modification to the noise ordinance that would allow us to play music until 1:00 a.m. on Fridays,
Saturdays, and holidays during the season. And all other nights, we would abide by the 11:00 ordinance. I believe what was presented or asked before also included Sundays. Uh, we're no longer asking for that. Um,
and again, we would request that that be a temporary arrangement. that could be, you know, reconsidered by council and the city if we do not have an approved development plan and are moving forward with such within the agreed upon time frame. Again, we think that's about 2 to
3 years. Um, just want to leave with the fact that we we really understand uh the importance of working with the community without not being a nuisance to the community. Um, and also in that spirit, if there are any standards for decibel levels or noise levels, um, we'd be
willing to comply with that as well, I'd like you to consider. >> Thank you for coming out. I appreciate it. Thank you. >> Thank you for your time. >> Thank you. Thank you. >> Take your time, Pat. >> No rush. >> That counts in the three minutes. First of all, Patricia Pearson, 587 Marks
Road. I didn't know what this gentleman was going to say, but in another time, I'll tell you the story about the uh the the night life and 1:00. I I think you should knock it back to 12, but I'm going to tell you the story about Bubba
Max and the waterfront and 12 o'clock. That's for another day. Okay. >> Okay. >> But when this um Is fire equipment just the normal fire equipment or is there anything
extravagant or budget >> out of the norm? It's >> in the budget. Anything really in the budget? It's it's been budgeted for for this year. >> Okay. It's all in I was just trying to see if there was anything off the you know. >> No, it's it's basic stuff.
>> All right. Now, you know, we have to worry about the taxes. You know that. Okay. So the whole um and I don't want to know anything about any of the legislation or this executive sessions or anything like that, but I do want to know we have to
start figuring out how many lawsuits do we have against the city all kinds from 24 and 25. How much overtime is it costing us? Do we have to hire professionals? And what's going on with this? And the
reason I want to know and the rest of the city wants to know is because maybe, just maybe, we should send the court to Maze Landing. I'm hoping we do. I want it. I trust Denny Levenson 100%. He runs
the best county in the state. We don't run the best city in the state, but he runs the best county in the state. And I wanted that court to go to Maze Landing. So, we have to think about that. And this when this whole page is executive
session, I'm saying what the heck's going on, you know? So, that's what I want to leave you with. Okay. Thank you. And and if you can in the next couple meetings, like let us know how many uh lawsuits we have, all of them, whether they're settled or they're not settled.
Okay. Thank you. >> Thank you. >> Here we go. [Music] Good evening, Council President Hapercorn. My name is Levi Fox and I live at 90 Broadway. I'm here tonight to offer the council an update on the plans
for a Revolutionary War encampment at the Summer's Mansion on December 6th, some of which I told you on a wewalk a few weeks ago. You >> did mention that, sir. >> As of right now, the plan is to incorporate the encampment into a full day of family activities. Uh, I will ask
for your patience as I first want to thank those involved in making this happen and I'll be happy to share some of what the patriots for the Summers Mansion in partnership with the Summers Point Historical Society have planned for what will be a unique experience. Uh, first I want to thank Donna Moore,
the chair and Greg Quir, the vice chair of the Patriots for being the primary sponsor of the event and helping me to obtain permission from the New Jersey State Department of Environmental Protection that manages the mansion to do this event. Uh second, I should thank Dave Robbins, who is responsible for the
mansion, and Mark Texel, uh historic administrator for the state, for working with the Patriots to put together an event that can be held responsibly and which accurately reflects the American Revolutionary era. Uh, next I need to thank the Economic Development Advisory Commission, including co-chairs Chuck
Wescott and Rob Hopkins for supporting the project and wanting to devote a bit of EDC's budget to match the Patriots uh, and helping to establish the current plans for the event. Uh, while also a member of EDAC, I wanted to single out Max Sleshel, who through his job with
the Atlantic County Economic Alliance, connected me with grant writer Mike Renick to get another $2,000 from Kim Brown at the County Cultural and Heritage Affairs Commission. Uh it was also an ed several weeks ago that Kirk Garity, president of the Silver Point
Historical Society is another co-sponsor, suggested that rather than see the fact that there were already two events planned on December 6th as being a kind of a crisis, but instead it offered an opportunity to fuse them all together. Uh, thus the plan for the day
will be the Christmas market on the mansion grounds from 11:00 a.m. to 4:00 p.m. the encampment setup at the fire pits that are left over from the market um from 4:30 to 5:30. Um, troops
marching in the Christmas parade at 5:30 and a campfire cornbread cookout at 8. Uh the funding will go to subsidize the costs of the Patriot, British, and Hessen units, which we are inviting, the historic reenactor who will stage the
campfire cornbread cookout, and an interpreter in character as George Washington, who will discuss the Patriots cause in 1775. Before I go, I have one more thank you to offer for providing a last bit of grant funding for this event. And that goes to you, Council President, as well
as Councilman Sean McGregor and city administrator Jason Frost for finding funds in the neighborhood preservation program. So, thanks again for everybody for working hard to make this happen, and I appreciate your time. >> Thank you. I don't see any other comments.
>> Motion to close the public portion. I have a second. >> Second. >> All in favor? >> I. >> All right. Anybody opposed? I hear any opposed. We are now closed to the public. >> Okay. >> I need a motion to pay the bills. >> I'll make that move.
>> I need a second. >> Second. >> Second. >> All in favor? >> I >> Any opposed? Not hearing any opposed. Jason, you can go ahead and do have any more comments from the governing body?
Not hearing any comments from the governing body. now executive session after a fivem minute break. We don't contemplate coming out with any action after that, but you're more than welcome to wait in the lobby um