REGULAR MEETING MINUTES

May 9, 2017

A regular meeting of the Mayor and Council of the Borough of Bradley Beach was held in the Meeting Room, 701 Main Street, Bradley Beach, New Jerseyon the above date.

CALL TO ORDER

Mayor Gary Englestad opened the meeting with a salute to the flag.

Sunshine Law

The meeting has been noticed publicly according to the Open Public Meetings Act requirement for the “Annual Notice”, and posted on the official bulletin board.

ROLL CALL 6:30 pm

Present:Council: Goldfarb, Bonnell, (Cotlerarrived at 6:45 pm)

Mayor Engelstad

Borough Attorney Michael DuPont

Chief Financial Officer, Gail Krzyzczuk

Municipal Clerk, Kelly Barrett

ON MOTION by Englestad/Goldfarb to enter into Executive Session to discuss personnel/litigation issues

ROLL CALLAYES: Goldfarb,Bonnell, Engelstad (Cotler arrived 6:45 pm)

NAYS: None

ABSENT: Weber

ABSTAIN:None

Mayor Engelstad reopened meeting- NOACTION TAKEN

APPROVAL OF MINUTES

ON MOTION by Englestad/Bonnell to approve Special Budget Workshop minutes of April 5, 2017

ROLL CALLAYES: Bonnell, Engelstad

NAYS: None

ABSENT: None

ABSTAIN:Cotler, Goldfarb

DISCUSSION ITEMS:

ENGINEER’S REPORT

Mr. Freda stated that he did not have any update other then what was previously submitted:

1) Route71/MainStreet (DOT)

•ContactedbyHardestyHanover,DOT DesignConsultanthiredtoaddressADA andcrosswalkissuesonRt.71. They are currentlyinpreliminarydesignphaseforthiswork.

2)SanitarySewerRehab-Section1CBB-15-09)

•We continue toprovidefollow upinformationtoboth NJEITandDEPasthey conducttheir finalengineering,environmentalandeconomicreviews.

•Bidswere accepted onMarch30th and thelowest responsible bidder wasPreciseConstructionofFreehold,NJ. Weareawaitingauthorizationfrom NJEITtoawardcontracts.

3)SylvanLakeBankStabilization(BB16-07)

•AnapplicationhasbeensubmittedtotheMonmouthCountyParksDepartmentforanOpenSpaceGrant. WehavebeennotifiedthattheBoroughhasreceivedagrantintheamountof$161,000,whichmustbematched.Thenextstepsaretosecuretheprojectfunding(minimumof$322,000)andcompleteaPreliminaryAssessmentandSiteInspection(PASI).

4)ImprovementstoRileyPark

.AnapplicationwassubmittedtoMonmouth CountyPlanningforaCommunityDevelopmentBlockGrantforthisproject. A grant has been awarded and we are waiting for the funds to be released from the federal government.

Mayor Engelstad requested that Mr. Freda contact the state in reference to installing pedestrian crossing signs on Main Street.

PUBLIC COMMENT None

FAIR SHARE SHOUSING

Councilman Goldfarb stated he reviewed the proposedFair Share Housing Ordinances and recommended the following changes: Ordinance 2017-6 Affordable Housing, page four (4), Article III Development remove “all zones” on page eleven (11) last paragraph insert the Borough of Bradley Beach County of Monmouth. Councilman Cotler recommended that language be added to the Fair Shar Housing Ordinances to address bedroom size, egress window and closet, etc. Mr. Curry Code Enforcement Officer responded that the state construction regulation cover bedroom requirements. Councilman Cotler requesteda copy of the state regulations.

BOND ORDINANCE NUMBER 2017-13

BOND ORDINANCE PROVIDING FOR IMPROVEMENTS TO BEACH RAILINGS ON THE BOARDWALK, BY AND IN THE BOROUGH OF BRADLEY BEACH, IN THE COUNTY OF MONMOUTH, STATE OF NEW JERSEY; APPROPRIATING $500,000 THEREFOR AND AUTHORIZING THE ISSUANCE OF $500,000 IN BONDS OR NOTES TO FINANCE PART OF THE COST THEREOF

ON MOTIONby Engelstad/Goldfarb to open Public Hearing on Bond Ordinance 2017-13

ROLL CALLAYES:Goldfarb, Bonnell, Cotler, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:None

No one wished to speak

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ON MOTIONby Engelstad/Goldfarb to close open Public Hearing and adopt

Bond Ordinance 2017-13

ROLL CALLAYES:Goldfarb, Bonnell, Cotler, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:None

ADOPTED

ORDINANCE 2017-14

AN ORDINANCE AMENDING AND SUPPLEMENTING THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, ADD CHAPTER 111, “SALE OF TOBACCO PRODUCTS”, PROHIBIT THE SALE OF TOBACCO PRODUCTS TO PERSON UNDER THE AGE OF 21

ON MOTIONby Engelstad/Bonnell to introduce Ordinance 2017-14

ROLL CALLAYES:Goldfarb, Bonnell, Cotler, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:None

PENDING ADOPTION

ORDINANCE 2017-15

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, CHAPTER FOUR HUNDRED FIFTY, ARTICLE IV, REGULATIONS, SECTION THIRTEEN G, PERMITTED YARD ENROACHMENTS, AIR CONDITIONERS

ON MOTIONby Engelstad/Goldfarb to introduce Ordinance 2017-15

ROLL CALLAYES:Goldfarb, Bonnell, Cotler, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:None

PENDING ADOPTION

ORDINANCE 2017-6

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, TO REGULATE THE DEVELOPMENT AND MANAGEMENT OF LOW- AND MODERATE-INCOME HOUSING UNITS TO ADDRESS THE BOROUGH’S AFFORDABLE HOUSING OBLIGATION PURSUANT TO THE FAIR HOUSING ACT OF 1985, ADDING CHAPTER FOUR HUNDRED FIFTY ONE ‘FAIR SHARE HOUSING - AFFORDABLE HOUSING”

ON MOTIONby Engelstad/Goldfarb to introduce Ordinance 2017-6 with changes to page four (4) and eleven (11) as stated by Councilman Goldfarb

ROLL CALLAYES:Goldfarb, Bonnell, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:Cotler

PENDING ADOPTION

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ORDINANCE 2017-7

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, ESTABLISHING AFFORDABLE HOUSING OVERLAY ZONES IN THE BOROUGH IN COMPLIANCE WITH BRADLEY BEACH’S CONSTITUTIONAL OBLGIATION TO PROVIDE AFFORDABLE HOUSING, ADDING CHAPTER FOUR HUNDRED FIFTY ONE, “AFFORDABLE HOUSING OVERLAY ZONES”

ON MOTIONby Engelstad/Goldfarb to introduce Ordinance 2017-7

ROLL CALLAYES:Goldfarb, Bonnell, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:Cotler

PENDING ADOPTION

ORDINANCE 2017-8

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, AMEND ARTICLE V ZONE REGULATIONS, SECTION 450-30 O-P WEST OFFICE, PROFESSIONAL ZONE, 450-31 B-O-R WEST BUSINESS, OFFICE AND RESEARCH ZONE AND CHAPTER 450, ATTACHMENT 1 , “ZONING”

ON MOTIONby Engelstad/Goldfarb to introduce Ordinance 2017-8

ROLL CALLAYES:Goldfarb, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:Cotler, Bonnell

NO INTRODUCTION

ORDINANCE 2017-9

AN ORDINANCE TO AMEND AND SUPPLEMENT THE REVISED GENERAL ORDINANCES OF THE BOROUGH OF BRADLEY BEACH, COUNTY OF MONMOUTH, STATE OF NEW JERSEY, ESTABLISHING DEVELOPMENT FEES TO SUPPORT THE BOROUGH’S AFFORDABLE HOUSING PROGRAM, ADDING CHAPTER FOUR HUNDRED FIFTY ONE, “DEVELOPMENT FEES”

ON MOTIONby Engelstad/Goldfarb to introduce Ordinance 2017-9

ROLL CALLAYES:Goldfarb, Bonnell, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:Cotler

PENDING ADOPTION

COMMUNICATION

The Mayor and Council granted the request from (Cassidy Charette) Rally Cap Sports a non -profit organization for special needs children/ young adults to conduct a free beach volleyball program on Wednesday evenings from June 7th through August 9th.

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ON MOTIONby Engelstad/Bonnell to approve the consent agenda and vote out separately item (d)appointment of Jennifer Beahm, Planner

ROLL CALLAYES:Goldfarb, Bonnell, Cotler, Engelstad

NAYS:None

ABSENT:Weber

ABSTAIN:None

CONSENT AGENDA

Resolution 105Tax Title Lien Redemption

Resolution 106 BILL LIST

Resolution 107Authorizing Gerald Freda, Borough Engineer for the preparation of plans and specifications forRailing Replacement at the Promenade at a fee not to exceed$38,500.00

Resolution 109Authorizing the 2017 Recycling Tonnage Grant Application

Resolution 110Authorizing an Outdoor Café’ License for Ponchos & Juanchos Antojitos, LLC, 320A Main St.

Resolution 111Authorizing free beach access to Active Military Personnel and their Dependents

Resolution 112Authorizing the Memorial Day Festival May 27th – May 29th at the beachfrontpromenade by Sparks Market Solutions LLC.

ADOPTED

ON MOTIONby Engelstad/Goldfarb to approve item (d) appointment of

JenniferBeahm, Planner

ROLL CALLAYES:Goldfarb, Cotler, Engelstad

NAYS:Bonnell

ABSENT:Weber

ABSTAIN:None

Resolution 108Appointment of Jennifer Beahm, Borough Planner effective 1/1/17 through12-31-17

ADOPTED

COUNCIL REPORTS

Councilman Goldfarb provided the monthly fire department report. He stated that the Easter Egg Hunt was a great success.

Councilman Bonnell commented on what a fine job the Public Works Department was doing and thanked the Quality of Life for their input. He continued that the CentennialFountain Project is underway and the Trash/Recycling lot on Main Street is open and running very well.

Councilman Cotler stated that he has been receiving complaints regarding rental properties. Hecontinued that we may want to consider a summer rental license ordinance similar to some neighboring towns. The taxes and sewer would be required to be paid prior to issuing a summer rental license.

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Mayor Engelstadread an email that he had received from the Quality of Life Committee commending Superintendent Cofone and his staff for the great job they are doing throughout the town. He continued that we will be discussing the parking issues on Main Street at the May 23rdworkshop meeting. He made the following announcements:

The Library Director Janet Torsney would be resigning, wishing her well and continuing that it is a great loss toBradley Beach.

Dignitaries from the County will be holding “Kick off to the Summer” on Saturday, May 13th at 9:00 am at the Fifth Avenue Gazebo.

The borough will be holding “Clean up Sylvan Lake” on May 20th at 9:00 am.

He encouraged everyone to thank a Police Officer for their service, May 15th is the start of “Police Appreciation Week”.

PUBLIC COMMENT

Paula Gentempo and Eileen Shissas, Quality of Life Committee Members thankedSuperintendent Cofone and the DPW staff for the great job that they do.

BillPsiuk (110 Fifth Avenue) commented on the planters located in front of the Elbow Room and how they are negatively impacting pedestrian traffic. He continued, the Butter Biscuit customers take up the municipal lot parking spaces and make it difficult for board members to park during meeting nights.

Gerald McAtee(Fifth Avenue) stated he is a crossing guard and thanked the police department for their assistance.

A resident questioned if the bond ordinance for railings is being charged out of the beach. Mayor Engelstad responded, yes and that after speaking with FEMA he was confident that the borough would be reimbursed 90% of the cost of the railing project.

ON MOTIONby Engelstad/Bonnellmoved to adjourn

ADJOURN 7:40 PM

______

KELLY BARRETT, RMC, CMR

Municipal Clerk

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