Mayor and Council - Regular Meeting

Adequate notice of this meeting of the mayor council was sent to the Asbury Park Press and the co-star our official newspapers on December 11th, 2024 and notice of this meeting was posted on the Bolton board of the school building. Tate Ro, Councilwoman Donovan here. Mayor Michael here. Councilman Rodo here. Uh, Councilman Levvice and Councilwoman Kenny are absent. I'll please stand for the pledge of allegiance. Pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all.

Please remain standing [clears throat] for a moment of silence for our troops, their families, first responders. Thank you. I think before we sit down, we have a special resolution here tonight honoring our chief, Chief Scott, and we would like to uh come down and present it to you. That's okay.

You too. Yeah. I think I can talk loud enough. You bet. Yes. I might leave them. My eighth grade science class.

Honoring [clears throat] Police Chief Tina Scott. Whereas, police chief Tina Scott was selected to receive the outstanding woman in government award from the New Jersey League of Municipalities Women in Municipal Government Committee on November 19th, 2025. And whereas, Chief Scott began her distinguished career with the Burrow of Belmar Police Department in 2001 when she was appointed as a police officer. And whereas through dedication, professionalism, and exemplary service to the community, Chief Scott steadily advanced through the ranks of the Belmore Police Department. And whereas in 2020, Chief Scott was appointed as police chief of the Burrow of Belmar, becoming a leader and role model for law enforcement professionals throughout the state. And whereas Chief Scott's leadership has been marked by her commitment to community policing, public safety, and the professional development of officers under her command. And whereas the outstanding women in government award recognizes exceptional women leaders who have made significant contributions to municipal government and their communities. And whereas Chief Scott recognition by the New Jersey League of Municipality reflects not only her personal achievements but also brings honor to the Burough of Belmar and its residents. And now therefore, be it resolved that the mayor and council of the Burough of Belmore. Hereby wish to recognize and celebrate Chief Scott outstanding accomplishments and express their gratitude for her continued service to the Burough of Belmar. Congratul [applause] Why don't you hold that and we'll put the photo up here.

Thank you. Thank I just want to thank the mayor council, um the administration of Delmare, uh my police, my police department, the Delmare Police Department, um the the fire department, the EMS, and of course the uh the residents of the town. Um I've been here since I was 18 years old. So, um this has been my life and uh I thoroughly enjoy it. Um and it's all of you that helped me get this award. So, thank you very much. Thank you. [applause] Okay, moving right along. We're going into a workshop discussion and tonight we're going to have a a recap of uh and an update of our affordable housing um let's see affordable housing group uh round three and round four uh things that we've been doing. So I'm going to invite are we ready to roll with that

to connect with April? Okay,

we have here um Francine McManam who is our one of our um redevelopment attorney who's been working very hard to get us through this process and um I'm happy to say that the third round process is is just about completed. Um we are we have a few resolutions on tonight that are um actually uh required for us to to complete that process. Um I'm just looking here. We have the uh 25 2025-210 which is uh adopting an affirmative fair housing marketing plan. And then 211 is approving an affordable housing spending plan. And for uh I think our our fourth round, we have a resolution uh referring a proposed amendment to the SEO redevelopment plan to the to the planning board. So we have a few things on tonight that that pertain to this. So, um she'll give us

I don't have anything up here.

Should I shoot it over to April? Can you pull it up on her quicker? Can you shoot it over? I don't have HDMI. Oh, I'll go get an adapter. I have HDMI. Um Oh, you want to send it to me? Yeah, sure.

Yeah, I just got to Guess I'll get an adapter. It's meeting [clears throat] embarrassing up there. Something went wrong. Oh, that's just because I wasn't Okay,

that should work. So, what are we doing? I'm trying to open my mail. I'm just gonna wait one second. I can do it off of mine. No, we can do it off mine. I just thought it would be best not to have my full email. No offense, guys. So, as soon as you send it to me, I can uh

it's now two minutes. While we're waiting, I will say that there is a resolution on here that is the last one on the agenda. Resolution proposing bill S4736. Um thought I would bring it up. Put my notes up here. Um, this is a bill that's put forward by state senator Troy Singleton, which would allow nonprofit and religious organizations to convert buildings they own into residential units with affordables and bypass local planning boards as well as zoning and environmental regulations. Um, so we have up there opposing that bill. Um, we all agree that affordable housing is a problem in New Jersey, but this is not a good way to address it. Um, state regulations already allow builders to bypass zoning, even more environmental impacts and strains on infrastructure and um, we would like to see things that address these issues rather than create more loopholes. [cough]

Are you waiting for the PowerPoint? I can send it to you. Okay. Yeah. I'm assuming it's the same one. I I just sent it to Oh, you did? I just sent it to the council.

Oh, there it is. So hopefully that doesn't screw up. Okay. Okay. Okay, you tell me. I will.

Okay, great. Thank you. Good evening. Francancy McMan. We serve as redevelopment and affordable housing council for the burough. So, as the mayor said, I'm here tonight to provide an update on what's been going on with the affordable housing process for both rounds three and rounds four for the burough. So, starting with round three, go to the next slide. Um, a compliance hearing was held on October 17, 2025. And following the compliance hearing, the court issued an order granting conditional third round judgment of compliance and proposed subject to the following conditions. The mayor referenced some of them already. That the bureau adopt a spending plan for the burough's affordable housing trust fund. That's on this evening's agenda. That the bureau adopt an affir affirmative marketing plan, which is also on this evening's agenda. and that the burrow adopt the amendment to the Seapport redevelopment plan for a redevelopment project on 7th Avenue. The third round ended on June 30th, 2025. Moving to the fourth round. So these are some key dates so far that have occurred in the fourth round. January 28th, 2025, the bureau adopted a resolution which adopted the DCAs or the Department of Community Affairs calculation of the burough's fourth round present need which is rehabilitation and prospective need new construction subject to a vacant land adjustment. So those DCA numbers were zero present need which is zero rehabilitation obligation and a prospective need or new construction need of 43 units. Again, that's subject to a vacant land adjustment, which was is similar to what the burrow did for the third round. On June 16th, the burrow adopted the fourth round housing element and fair share plan after it was already reviewed by the planning board. The planning board adopted it and then it came to council and council approved it as well. On a in August of 2025,

three challenges were filed to the burough's housing element fair share plan. A challenge was filed from fair share housing center. A challenge was filed from a redeveloper um named 1014th Avenue LLC and from 7th Avenue Associates. The 7th Avenue Associates uh uh challenge was withdrawn in connection with the consent order or the compliance order that was issued in the third round.

I'm just going to interrupt you for a second just to let people know the fourth round plan has different rules than the third round. They they changed that and the A lot of the dates were very expedited. So for example, the the challenges to the burough's uh plan had to be done by I think it was August 31st. Correct. Yes.

And uh and the uh the the fact that we adopted our plan on June 16th, 2025. Again, there was a deadline for us to do that. So the whole idea when the legislature changed the the rules was to keep keep the fourth round moving. So that's why we have um you know some of these dates are are significant uh in terms of what the what the um the law is asking us to do. I just wanted to point out

absolutely thank you mayor. Yeah. All of these dates are in accordance with the fair housing act the amended fair housing act which by uh June 30th excuse me by [clears throat] January 30th the municipalities had to adopt the DCA numbers. By June 30th municipalities had to adopt the housing element fair share plan. By August 30th, all the challenges had to be filed. By December 31st, municipalities are required to commit to revising the housing element fair share plan to address the challenges or to explain why they're not revising their housing element and fair share share plan in response to the challenges. So, as the mayor said, this is a extremely expedited timetable, much different than what has been experienced in prior rounds. By March 15, 2026, the municipalities are required to amend their housing element fair share plans and adopt resolutions and ordinances that are required by that housing element fair share plan. So basically by March 15th, all municipalities have to take the action they say they're going to do in their housing element and fair share plans. Now deeping d uh digging in a little deeper into the challenges that were filed. As I mentioned, Fair Share Housing Center filed a challenge to the burough's fourth round plan. This these are the key points in that challenge. First, Fair [snorts] Share Housing Center was seeking to terminate the burough's fourth round immunity, which would have exposed the burrow to builder's remedy lawsuits, which were extensively discussed uh in the third round presentations. We can review that again if anyone has any questions. that was subsequently withdrawn again following the compliance order that was issued after the compliance hearing for the third round. Fair share housing also disputes the vacant land adjustment and the realistic development potential calculation that were included in the burough's housing element fair share plan. So, as I mentioned, even though the burrow adopted a resolution accepting DCA's number of 43, it was

subject to a vacant land adjustment. And similarly to what was done for the third round, uh the burough planner took uh a vacant land adjustment which calculates the vacant land within the burrow and um within that calculation uh makes an estimate as to how much land is actually available for development and generates the realistic development potential calculation. calculation or RDP. There's also a requirement to address the un the bureau's unmet need obligation. The way unmet need is calculated is the original number that DCA calculated minus the realistic development potential number. And that's how the bureau gets its unmet need. And as the mayor mentioned, there are a lot of new provisions for the fourth round. One of those requirements is that the burrow is required to demonstrate in its housing element fair share plan how it's going to meet 25% of that unmet need.

And again, I'm going to I think I'm correct in saying that fair share housing center objected to every plan throughout the state throughout the state. So this is not a unique thing for Elmore. They just across the board objected to all of them. They objected to I think some somewhere in the neighborhood of like 463 plans throughout the state of New Jersey. Yes. Can you in plain language explain what they were disputing about the vacant land adjustment?

We are still uh in settlement negotiations with them. We still what's what's happened so far in the fourth round is we've had two case management conferences and now we're moving to a session. So they are saying that the burrow and this this is in public documents. What I'm not going to go into tonight is sort of the substance of the settlement negotiations or what's going to be discussed in the session because obviously that's ongoing litigation. These are public documents and what the burough uh what fair share housing both the challenges from fair share housing and the other developers to developers to the realistic to the calculation of the BLA and the realistic development potential are that the bureau just relied on the calculation from the third round and they didn't do any new analysis which ignores the analysis that was include included in the housing element and fair share plan. So the burough planner did do a new analysis and updated analysis. Yes, it hasn't changed much from the third round because the burough just adopted its third round housing element fair share plan within the past couple months. So there's not a significant difference between the third round vacant land adjustment and the fourth round vacant land adjustment, but the burough planner did do a new vacant land adjustment which was not referenced or acknowledged at all in the challenges. They did not submit necessarily a number that they were looking for. or if that's what you're asking. They were not looking for a specific calculation or this should be the bureau's number. They were just saying you didn't do what you were supposed to do as far as completing a new vacant land adjustment.

Well, more just is their basic allegation that Belmar has unused land out there that we are not claiming that we could be building on. Uh again, that's they really haven't presented that yet in the session, but I anticipate when once the argument we haven't had an opportunity to actually have a oral argument in front of a program judge, but once that once we have that, that's likely going to be their argument. Yes. Thank you. I'm going to I'm going to make a point on this next slide.

This 1014th Avenue LLC, this is the property that contains the restaurant and the 104 their new LLC is basically the main principle in that is Nick Fusili and I I want to get that out there because I want people to understand that this is the corner of 4th Avenue and Ocean Avenue almost half of 4th Avenue between Fifth Avenue. Okay.

Yes. Thank you, mayor. So yes, the other challenge to the burough's housing element fair share plan is from a developer known as 1014th Avenue LLC. As the mayor referenced, this site is on the corner of Fourth and Ocean. The burrow first received a plan regarding this project in February of 2025. That original project that was submitted to the burrow was not what was called an inclusionary project. That project uh provided for a fivestory building with the market rate units located on the Ocean Avenue site and with first with the first floor parking garage. All of the affordable units were going to be located these seven affordable units were going to be located offsite at 101 107 10th Avenue in a fourstory building. So pulling out the affordable units and putting them on a different location is not permitted under the affordable housing regulations. So the bureau did not include it in its housing element fair share of land for two reasons. First of all, it's a vibrant commercial property as the mayor mentioned. That's the location of Lulchce Vita restaurant. So there's no reason to include it in a vacant land adjustment or analysis. And also that the project was not an inclusionary project. It did not meet the definition of an inclusionary project. It did not include uh affordable housing units with market rate units on the same site. When the developer filed its challenge on August 29th, 2025, the developer revised the project. It was the first time the burough had seen the revised project. And at that point, the project did include um third all of the affordables and market rates at one location, that location of fourth and ocean. The proposed project is for 30 units with six affordable units. Um, a fourstory building with the first floor being a parking garage. So, a

parking garage that would front ocean and fourth. Go to the next slide. This is just an aerial view of that site. The next slide is the um renderings that the bureau received in connection with the February 2025 project. The bureau has not received any renderings or was not included. And this is what's in this these are um project descriptions and uh and drawings that were included in the challenge that was submitted to the program challenging the housing element fair share plan. So this is the February 2025 project. These are the renderings. You can see that it's a five-story building that includes first floor parking garage. Move to the next slide. This is just the parking layout for the first floor. And then the next slide is the floor plan for the February 2025 project. Now moving to the next slide. This is the uh amended project that was included in the challenge that was submitted in August. So you can see even though the burough doesn't hasn't received renderings the footprint of the excuse me the footprint of the building is the same. So it's reasonable to anticipate that the renderings are going to be very similar. This is the first floor of the building. This is uh going to be um the first floor is still planned to be a parking garage fronting forth and ocean. And then the next slide please. This is the um uh floor plans for floors. This is a four-story building now. Floors one through or two, three, and four. This would be the what the floor plan would be for those residential units.

I have a question. Will these going to be for sale units or are these rentals? We have not received that information as part of their submission. Can you see parking all tandem parking spaces? Looks like it was number five. How many pairs?

The proposed parking is 63 spaces. [snorts] Can move on to the next. Yeah, one more. Go on. Yeah. So, um we are now in the fourth round even though we're still um adopting some legislation that will be linked back to the third round. All municipalities are now in the fourth round. And as far as the status of the fourth round, as I mentioned, there are ongoing negotiations with Fair Share Housing Center, 101 Fourth Avenue, the special adjudicator, and the program judge. What's new for the fourth round is there's no more COA. There's been more council on affordable housing. There's really um they've been trying to move it out of the courts per se and move it into what's called the program with a capital P. And the program is run by a number of retired judges. So that's who's uh address that's who's um that's who we're appearing in front of for the case management conferences and for the sessions. So they are now uh um managing and adjudicating these fourth round settlements. the fourth round program judge for for for Belmar just in case anybody is interested is Judge Bookbinder. So we are in the process of ongoing negotiations there's going to be a session which is the next step in the process uh on December 10th. Um the even though we are in settlement negotiations, we're not going to get into too many details as to the plans for how the bureau is going to address these challenges. Generally speaking, the plan to address the bureau's realistic development potential or RDP obligation is with the 7th Avenue project and its plan to address unmet need is through developing adopting a new overlay zone. There was an overlay zone adopted along Main Street to address the unmet need for the third round. So the planners um and the burrow and are currently working on developing an

overlay zone that would address the unmet need for the fourth round as well. As far as next steps go, as the mayor mentioned, there are a number of items on tonight's agenda agenda to adopt legislation which are required to finalize finalize the third round. And then, as I mentioned, the next um event with the program is going to be on December 10th. There'll be a session to present the bureau's plan to address the challenges that were ra issues that were raised by the challenges. I just want to clarify in my own mind though. So moving forward with the the fourth round plan, there's three possible scenarios. In other words, we continue negotiating and we come to some kind of a settlement. Correct? Yes, that's a possibility.

Yes.

Or we we continue negotiating and we don't and then it reverts back to the affordable housing judge. Uh and then there would be in essence a um a hearing or a trial. That's what's coming up. The ne on the next event is the December 10th which is the hearing. That's the hearing on the challenges. So really the opportunity to negotiate and settle while it's always ongoing. um is it's go we're going to have the hearing which is sort of similar to a trial although there won't be testimony on December 10th when the bureau will um the uh pleadings are due from the challengers I think next week and then the burrow responds to those pleadings and then the matter will be heard on December 10th. At that point the judge will be within a certain period of time after that the program judge will make a decision. That decision is subject to appeal by any of the parties um to the designated Matt Laurel judge in the county.

Okay. So it'll be Judge Bookbinder who will be holding that. Judge Bookbinder will hold the session session. Yes. [snorts] So it could it could turn out anyway. He could say yes. You know, we're going to go with the um the uh plan that the um the people who file the um objection to or were not. I mean that's basically at that point what will need to be resolved is the realistic development potential number

and how the bureau is going to address that. how the burrow will address once the realistic development potential number is develop is determined then it will be determined what the burough's unmet need obligation is then the bureau will need to submit it uh there'll need to be a resolution as to how that unmet need number is going to be met and then um a determination as to uh if the burrow will be required to include the um forth and ocean project in its housing element fair share plan which could be ordered by the program judge. Yes. To address either redevelopment uh RDP or unmet need.

So we will know on December 10th what the realistic development number is. No the judge will we will make the the arguments will be made on December 10th. I do not know these judges. It's it's an extremely compressed timetable. They're hearing a lot of matters. I do not know what their timing is as far as turning opinions around. I think it's challenging for the municipalities and and I'm sure all the boards to make these decisions when we don't know what that number is. Um at least I find the other point I want to make which is

if I could just to answer the counciloman's question I just would there is a realistic development potential number an RDP number included in the burough's housing element fair share plan of five. So just to put it in perspective as to what we're looking for, it's five and so or that was what the burough's position was based on its vacant land adjustment was that it could produce five units. The um 7th Avenue project with which the burough was considering the um uh starting the process to consider adopting an amendment to the seapport redevelopment plan for that project. That project uh is for includes 10 affordable units. So that would be at a minimum what the RDP would be would be 10 because that's what the affordable units in that project are.

So at that point technically it would be 10.

That's the burough's position is that the way to satisfy the RDP is with that project. That project produces 10. That's what the RDP is. One of the reasons why I wanted to have this tonight was because when we were starting off the third round and going through the third round, uh, many people were upset about the so-called lack of transparency, like why we couldn't just, you know, get together with the developers and and make a deal and not go through affordable housing and all this other kind of stuff. Um, and we tried to explain that, I think, as clearly as we could as to why we had to do what we did. This is a little different now. And I I want to bring the public, you know, into this saying that this is it. This is step. We're at the beginning of this process here. And, you know, they're not interveners. We don't have to worry about a a builder's remedy suit or whatever. This is now, you know, a developer who wants to put a a development on 4th and Ocean Avenue and it's going to ultimately probably be decided by a judge. And my point is, you know, I think we should, we the public should weigh in on this uh in terms of what is it that we want because, you know, we're we're doing the legal end of things, which is, you know, numbers and and all this other stuff. But I think a message has to be sent to to developers and especially developers who are owners in in the burrow that you know we want this or we don't want it. And you know in my personal opinion I don't want to see a four-story building on Ocean Avenue with ground level parking facing the ocean. That's just my

personal opinion. And you know what I would like to recommend to people is I'd like to know how many people in the burrow want that and how can you let me know? Well, you know what? We have a meeting on December 9th, I believe. And you know, my challenge is if you want that type of a a building on Ocean Avenue, then come to the meeting and say that. And if you don't want that type of building on Ocean Avenue, then come to the meeting and say that this is your chance, right? We're being as transparent as we can, but this is the chance for the residents to come up and say what they want. We're con constraining by the the legal process. We can only do what we can do with the courts. But you know, I think uh sometimes we all feel frustrated, myself as a resident, that we don't have enough input as to what was going on. So this is this is a whole different ball game. I think the time to to get your input heard is now. you know, you can write to me uh if you object or if you're in favor of it, but I think at some point we quickly have to let it be known that, you know, yes, this is something that residents of Belmore want or this is something that we don't want. And perhaps we can, you know, with a little influence and a little begging, uh, get the developer to just withdraw the objection because that is always a possibility. there's a lot of stuff that can be developed on that corner within the existing uh zoning laws. So, um you know there's there's a lot of different options. So, I my point is this option is not in my mind again is not the best

option and I think you know as I said time to speak up. So, um, and that was one of my points in bringing that, you know, up tonight because I don't want I didn't want people to say, you know, on December 11th or whenever this was decided like we didn't [clears throat] know, you know, we didn't know that this was going to happen and uh, you know, so and that was what we heard, you know, in the third round, which was a totally different process, as I said, but now we all know. Okay. So, um I think we've been as transparent as we possibly can and we're doing as much as we possibly can legally, but um you know, I know I would like to hear what the residents feel would [clears throat] be appropriate for that for that area or would not be appropriate. So, um I'll leave it at that. Any other?

No, ma'am. Okay. The council, you have any questions or comments? I just have a question as far as the um spending plan and so is that that's adopted for the third round to wrap up the third round. Is that right?

It's actually part of both. It's a third round and fourth round. The bureau has devel adopted its development fee ordinance under which it's been collecting fees since 2023. But the bureau can't spend any fees until the court approves its spending plan. So we need to go through a process of the bureau needs to uh approve its spending plan. We need to submit it to the court. The court needs to approve it and then we need to execute a consent order with fair share housing to authorize the bureau to start spending under the spending plan. I had a question about that. Um it bookmarks a certain I think it was $30,000 per unit for rehab in the upcoming year. What units are we talking about?

Um I don't have that information. The spelling spending plan is developed by the um planner, but I can say that there might not be specific units. It's just part of the plan to meet its third round rehabilitation obligations. So, while there might not be any units that are specifically earmarked as units come to the burrow and are brought to the burrow, that's what it's estimating that it would be spending for those units in order to satisfy its third round rehabilitation obligation without having specific units earmarked. These are not burrow owned units. No. So,

uh, if redevelopers wanted to come and say we can rehab this and make affordable housing units, again, it's to facilitate an affordable affordable housing program throughout the burough. These are not burough owned units. It's to facilitate uh financing and funding to make available to developers who are re uh in the business of rehabilitating properties to be used for affordable housing. And are these units that would be being converted into affordables? They would be required to ultimately be used as affordable housing. Yes. Thank you. Yes. So the benefit to the developer would be that they would get financial [clears throat] assistance. Financial incentive to do that.

Yes. Any other questions? Okay. Any other matters for um workshop? N okay, let's uh move on to any petitions. Mayor, I don't receive any petitions. Okay, approval of minutes. Can I have a motion to approve the minutes of the November 11th meeting? Motion. Second. Councilman Donovan. Yes. Mayor Mcusco. Yes. Council Romero. Yes. reports of council council. Congratulations, Chief Scott. Thank you.

Um it was wonderful to come down see receive that award. I want to say every year we have the kids from the elementary school come and um they do a mock trial. They tour the courthouse. They love seeing the jail. Um and one of the features of the police station, if you've ever been back there, is the portraits of all the police chiefs. And when you get to the last one, she's a little different from the rest of them. And I just want to say like it's so great because when the kids come in, they don't just see a police officer, they don't just see a woman, they see a role model. And thank you so much for all that you've done. Now, the Mon County Municipal Open Space Grant Program has awarded the Burrow of Belmar a $23,341 grant to renovate the walking trail around Silver Lake and make other improvements. So, that's going to include complete reconstruction of the existing trail um with a permeable pavement. So, that will be like the walking trail that circles Lake Ko. Um and this will not going to be nicer to look at, nicer to run on, nicer to walk on, but it's also going to improve water quality, which is one of our big goals for this project. So, right now, when rain water comes out, it goes straight into the lake along with what other type of animal droppings might be there. Um, we have had an ongoing high hazard al hazardous algae bloom in Silver Lake. It improved actually over last year to this year, which is fantastic news. But we expect that this project will help improve the water quality because the water will be absorbed back into the soil and filtered before it goes to the lake. So wonderful news, much thanks to our burough engineer Jim Morris right over there. Um and this also includes other great amenities. It's like potentially benches, dogway stations, bike ramps, ADA compliant ramps, um and potential perimeter lighting upgrades.

So wonderful news for the ongoing project that is Silver Lake. We have that ongoing Army Corps of Engineer planning grant which again our engineer has been very busy on collecting storm sewer infrastructure inventory scheduling a leak survey and this will work in tandem with that because that is the long-term expertled plan um and this is going to be something that residents will see those immediate improvements to u make their lives and all of our lives a little better a little happier. So, thank you. Um, patch her for wildlife. We have our fifth award celebration that's recognizing people's efforts to improve the environment right in their yards. It includes five different communities now, including Belmar and Lake Ko. So, all of you are invited to join via Zoom Monday, December 2nd at 700 p.m. Um, for more information like the Zoom link, you can contact me or check out Facebook. Um, we have holiday lights holiday that's coming up. Um, we have the Christmas tree lighting at 6 PM in Piano Plaza on December 4th. The holiday light show December 13th at 6 PM also in Piano Plaza. The Holly Jolly Trolley tour, which I wasn't sure I was going to be able to say. Uh, some Saturday, December 13th. Um, Scoops with Santa, which is a PTO le event from the elementary school, will be 1 to 4:00 p.m. in Taylor Pavilion on the 14th. The Nora lighting will be Monday the 15th, which is always a wonderful event. I really encourage everyone to come out to it. Um Chris Brandle uh does a great job leading that. Um and the final holiday light show December 20th at 6 p.m. in Tiano Plaza. And finally, the one last thing that the tourism commission committee is looking at will be um evaluating our ordinance to see with the new Netflix facility coming in, what ordinances we want to tighten, which ones we want to change to either

encourage or discourage um filming here in so um thank you all. I hope you have a wonderful Thanksgiving and we will see you after that. Thank you, Council President. Thank you, Mayor. Do we know, Councilwoman Donovan, if um the holiday market is still happening on the 13th and 14th? Thought so. Thought so. It is. Yes. Great. Thank you. Wonderful.

Um I very much also enjoyed um seeing Chief Scott get her award. I believe it was a proud moment uh for me. I remember her being sworn in and bringing my daughter along and saying, "This is a huge moment for Belmar." and it's just been a wonderful opportunity to work with you and we're just so grateful for your leadership. So, thank you. Um, we all attended the opening of Amelio's Kitchen, which is a new restaurant on Main Street. It's uh 10:06 Main Street. If you haven't tried it, it's delicious. The food is organic, fresh, absolutely delicious. Uh, so please check that out. Um, as Councilwoman Don Donovan is saying, there's a lot of events happening for the holidays. I'm going to add just a few. Um, the December 11th holiday concert is actually at max capacity uh for the library. So, the vocal stylings of Zach Alexander uh sold out uh the crowd for that. But if you want a holiday experience, you can come to the Belmar Elementary School Coral and Band concert which starts at 6:30 um at the Bees auditorium. There's also space to register for the live animal series Touch Tank on Saturday, December 6th at 11:00 a.m. And there's space remaining for the cozy holiday movie night at the library Tuesday the 9th for the little ones K through 3, third grade. So go to the Belmar Library.com to register. Uh, also the library is closed tomorrow at 200 p.m. and will remain closed through Sunday, November 30th for the Thanksgiving holiday. Uh December 7th, the Beach Music Studios students and the Danny White band will be presenting uh and performing at their annual holiday party at the Stone Pony at 12:00 p.m. So please check out their website or social media for details. Um,

so we do have the holiday market on um December 13th um which is 11:00 a.m. to 8:00 p.m. and I believe that's around Piano Plaza um and down Main Street. Um and that's the 14th as well. Uh I want to say 11 to 4 on the 14th, but we'll find out more information. Make sure to post it. Um, the Belmar Historical Society will also have a holiday open house from 1 to 3 on December 13th. You can take a tour of the museum and Union Firehouse and browse unusual gifts of Belmar historical items. Uh, so that's 900 East Street in the annex of the historic Union Firehouse. Gosh, we have a lot going on. Okay. Um Oh, Chief, would you mind? Um, I heard that there was possibly a jolly soul coming to town. Could you fill us in on what we need to do to make sure we can see that Jolly?

So, Santa will be arriving on Monday, December 15th. Um, we have posted on the Facebook page and social media as to what you need to do in order for Santa to come to your house um the week prior. I don't want to give out too much information. So, check our Facebook page and Walmart's Facebook page for what you need to do and uh where the gifts need to be dropped off for Santa. Is that good? Awesome.

All right. Thank you. I appreciate it. Um the next Belar Housing Authority meeting will be Monday, December 1st at 5:15. And lastly, I just want to thank you all. Um, all the active burough residents, volunteers, employees, professionals, uh, and this council. Um, you we all work so hard. You all work so hard and you're all amazing. And, uh, you all deserve a very happy Thanksgiving.

You went over your five minutes. Um, of course, now there's nothing left for me to talk about because they they gave events out, whatever, but I'm going to put a plug in for the historical society. Uh, again, the 13th, I think, is 1 to 3 p.m. So, uh, if you haven't been there or go check it out. Uh, the other thing I'll just bring everyone an update with is the Fifth Avenue construction that I've been living with for the last When did they start that? September 16th or was it October? Feels like July 16th. But, you know, it's been like it's amazing. It's a lot of work. They just But I think they're getting to the uh to close to Main Street. So, I'm assuming that it's it's uh it's winding down. I've seen a few pieces of equipment go off on the on the um trailers. So, I'm I'm thinking it's uh it's going to go down. Even though I did see a few people from the water department on one of the corners today, I'm like, "Oh, that's never a good sign because they probably hit a water line or something like that." But, uh so, uh but you know, it's good uh that I I think it's getting done and uh I think it's going to be great. And finally, again, chief, congratulations on your award. We all appreciate you and people are talking like you're going someplace, but you're not going someplace yet. So, [laughter] but you're still with us for a while. And I would like to, you know, again, offer everyone a very happy and healthy holiday, uh, Thanksgiving and also Christmas, but we have time for that. Not too much time, but we do have time. So, get your Christmas shopping done early. Uh, and that's it for me. Uh let's move on to um the public session on the resolutions that are on the agenda. If

anyone has a comment or question about a resolution, please step forward, state your name and address. Ken Pringle, 203 Avenue. I just have a question about the um the spending plan. And um under expenditure schedule it describes 100% identified $ 1.5 million allocated to a future 100% 100% municipally sponsored project slash supportive needs housing program in the next sentence it seems that's two different possible projects that have

I was just trying to understand kind of on a category basis I understand from the next sentence it says at this time the no definite plans for either of these programs, but are committed to allocating the funding should the opportunity during the fourth round present itself for either or both programs to be realized. I'm just trying to understand I've never heard of a municipally sponsored project in this context or a supportive needs housing project. I'm more familiar with those, but I'm just trying to understand just what the brackets are that you all are kind of keeping in mind in terms of what types of projects um are possible. I'm going to have to defer to our redevelopment council.

So, as you stated, uh, as the it does make a reference that the there could be allocated toward a future 100% municipally sponsored project supported need housing program. At this time, the bureau has no definite plans for either one of these programs, but they just wanted to put the funding in the plan should [snorts] those programs become available. Got it. It says here that they've been discussed during the bureau's round three negotiations. So I so I assume that you mean you've just discussed it in terms of those vague descriptions or did you have some discussion of something as far as the possibility of pursuing those opportunities? They were discussed in the context of resolving the fourth round the third round obligation which has been resolved.

Okay. Would either of those uh types of projects conceptually possibly encompass um replacing some of the units in the senior building from being senior housing to being affordable housing that would satisfy any of the fourth round obligations. There are no definite plans. I couldn't speak to that. But it's possible that that there are no definite plans for these programs. I'm asking you a different question. Is it is it you it says you you discussed it during the these projects have been discussed during the pro I think I think I'm going to intervene here that will not be considered unless the commissioners of the Belmore housing authority come to us and request that.

Okay then then but but if if they do request that then this this would it could fall under one of these. Yes. All right. Thanks. That was my question. Any other comments? the um sorry Mike on the spending plan also one question the 30,000 allocated that's for let's say I own a five unit building right and I want to convert that to affordable I can get 30,000 per unit to convert those I think I don't know if Francis

is question I just want to be clear that we the the burough planner developed the spending plan. So, while I have the opportunity to discuss this briefly with her, some of it I I do need to defer to the burough plan to the burough planner. I can she's not here this evening. I can say that um uh this the 30,000 would only be applicable to an affordable unit. You cannot use you cannot use affordable housing trust funds on market rate units even if you're facilitating an affordable unit. Oh, so it's 30,000 to to improve an already designated affordable unit. Uh right. As for rehabilit this is only rehabilitation. I thought it was like someone had a two family home and they wanted to convert it to affordable. It's for it's already affordable.

These are rehabilitation. So yeah I would I would say that that is affordable. Any other can I just address the rehab? We did

we only get one. I'm kidding. We we did a rehabilitation project um in the '9s. Uh it was called Yards Edition. It was the section of town south of 12th Avenue where the lots are smaller and uh and the houses are smaller. Uh and we had regional contribution agreement money that we got from How uh and we used it to do rehabilitation projects of these homes and and you had to go and identify the homeowners and the homeowners would be income qualified and we used the money uh to do um improvements of their heating system, weather taping around their um around the windows, replace windows was all designed to make the the units more hable uh and cheaper to live in. So that was how and you got credit for for those units because we had we we took regional contribution agreement money from how how got the credit our residents lived better lives. So that's the kind of projects that I think out there.

Thank you

mayor. Can I just um add I went to an affordable housing um class at public municipalities and one of the things that they had mentioned is if there are homeowners that have exactly um what Mayor Pringle mentioned that had been part of a rehab project um and maybe they were expired, the credit had expired um that they should and they can um reapply for it um and it would be back included. um into the project. So, it you know, I don't know personally those those um homeowners. Um but I was told to encourage uh anyone who was part of a past program uh to re-engage if they're if they're interested.

Yeah. I mean, I think we have more work to do in terms of just, you know, getting our feet wet with the uh affordable housing trust fund and and the ways that it can be used and the spending plan and all that stuff. So, I mean, it's a it's a work in progress, and I think we will learn as as time goes on. Everything sounds good. I think it's great. Any other comments? Okay. Can I have a motion to close the public session? I'll make a motion. Second. All in favor? I.

All right. Um, resolution 2025 206 was a resolution authorizing refunds. Uh, this was separate from the consent agenda because council Donovan is one of the refunds listed. Um, but since we don't have full council, we don't have enough to vote. So, we'll have to table this resolution till the next meeting. Not getting a refund for another couple weeks. Story of my life. Sorry. Uh, so can I have a motion to approve the resolutions as listed on the consent agenda? I'll make that motion. A second. Second. Second. Somebody. Councilwoman Donovan. Yes. Mayor Becca. Yes.

Counciloman Rano. Yes. Okay. Uh, next we have second reading and public hearing on ordinance 202522. This is an ordinance appropriating funds from the Beach Capital Improvement Fund for the construction of the project known as the 16th Avenue bathroom pavilion. This is open for public comment. If anyone would like to speak on this ordinance, please step forward. State your name and address first. Mr. Am I loud enough? No. We don't want to hear your words. [clears throat] Eugene, Fourth Avenue. Is he coming through now? Yes, I think so.

These microphones are very directional. I've noticed that when the chief was speaking over there. Um the other thing is um maybe we should get the uh the newer uh microphones that they have for using in a crowd uh where you actually put a mic condom over the microphone and then when you leave you take the condom with you and whatever else you spit on the virus or whatever you were spreading. Anyhow, yeah, I have a actually a general question about this. the $300,000. Where did that uh money come from?

It comes from the uh the beach fund. Yeah, the beach capital beach capital beach capital fund. Is that from the uh the sale of the beach badges? Uh I don't know exactly how the capital fund is is funded. I mean it it's I I would have to say yes because the only income that the beach the beach fund gets is from is from uh badge sales.

Yeah. You know that that seems to average around4 or five million dollars a year. um you know actually actually you know bad sales I I just wanted to know uh so so that this so-called beach capital improvement uh fund is actually money that uh that came from people that purchased badges to go on to the beach. Correct. Yeah.

Yeah. Okay. Um and uh so that in order to go on to the beach that's only from Memorial Day to Labor Day that uh that there is a requirement for a beach back. Correct. Correct. Yes. Correct.

Okay. Uh then uh you know this is really being you know constructing a building that's going to have heat in it. U is really a an additional expense a lot more expensive than than putting out trailers um you know on the beach for the beach goers to use. Um, you know, it it's really being unfair uh to the beach badge purchaser, you know, to take on or paying for something that they absolutely do not need, right? So then you want the taxpayers to pay for the part of that.

I'm not saying Well, somebody's got to pay for it. Yeah. The beach If it's not coming out of the beach fund, it's got to come out of the general fund. We have no other sources of revenue of income. So, well, it's it's appropriate to come out of the the fund that it's coming out of because we operate a beach facility. And but Mr. Kramer's point is well, you know, it's only going to be used by beachgoers for the summer. So, that means the beachgoers shouldn't be paying for it for the other six months of the year, which means then the taxpayers have to pay for that, right? Or you raised the beach badge price, right? That's not fair. Well,

why don't I raise the beach bed price? Well, that's exactly what I'm saying, Mayor. Perhaps this is unnecessary. Perhaps this whole project is is is a bad idea. No, we're beyond that. It's a good idea. Excuse me, you're beyond that. But I just see this thing as being like the the Vince Lombardi rest area on the turnpike or another rest area on the Garden State Parkway. uh you know the beach badge purchaser doesn't need this period. Well, that's your opinion and I respect it. Okay. Thank you.

Thank you. Thank you. Well, Mike Delasio, thank um so we got a grant for the building, right? Just came through the plane board through a grant. How much was that grant? Do we know? What was it? 1.5 million. So, was there an estimate for the building prior to this is a public bid, right? So, an advertisement for the So, there was an estimate for the building prior to like an engineering estimate or like did you do construction manager estimate or just engineering firm? Engineering.

So, I mean, I I do this for a living. I do a lot of public. A lot of times when you see this, I'm just worried about taking the money out of a beach fund. Our beach fund is, you know, it need we our beaches take up a lot of money but have expenses. Why didn't we rebid it? If we had 1.5 million and we that bids, I'm assuming for 1.8, why don't we take something minor out of this building and try to get it down to 1.5 instead of taking money out of our beach capital and using only the grant plan? Mayor,

I know we talked a lot about uh this last U meeting and I'm sorry um Mike that you missed it, but um our um Jim Morris really helped us understand why the estimate the original estimate was different and why it makes sense to move ahead um with this project now um financially um and and I don't know if that's something that since he's here he can shed some light on as well as to what the difference were passing the estimate.

I'm not saying reduce something significant, but again, I see this happen all the time. You know, town gets an estimate, contractors have a different opinion, put it back out to bid. You can get 10 more contractors. People go to go for the low bid, you can get this down. That's it. Just it happens all the time. We all know it, but I think we're, you know, jumping to it to take $300,000 out of a fund that is pretty valuable to this town. I don't know if you have any other opinion on the rebate, but mayor I'd be happy to add some information.

Last meeting. So, the um grant application that was submitted to the New Jersey uh boardwalk preservation fund was for um they awarded $1.5 million, but that included um all the costs the burough share on that was $75,000. Uh 1.2 was for construction, balance was for the soft cost for the architects, the engineers, permitting fees, environmental reviews, administrative costs. So really the cost available for construction I think it's like 1.15. Um the bids that we received range from 1.8 uh I have that here. Excuse me. I have to put my glasses on. I apologize. So the bids that we received were low bidder was 1.8. Um the second low bidder was uh $2,ion37,000. The third low bidder was 2.1. Uh, fourth low bidder was 2.1. Um, fourth low bidder was 2.3 and 2.5. So, I'm bringing up that up because we had several bids. It was a very competitive bid. Um, the low bidder um demonstrated that he is the bids are in that realm in that uh reasonable realm for the construction cost. Um, for us to revise the bid documents and it wasn't just $300,000 because it's more like $500,000. So, um, we would had to make the building smaller, which basically means going back and re art or, you know, going to the architect, redoing the building size, making it smaller, reducing the number of um, water closets in the unit, which we when we designed when the design was put forward, we consulted with public works with regards to what's in the trailer now, how many

do you need long term? Um, so the building is uh it I think it has 12 units for the ladies, 12 units for the men. So it's larger than the old beach trailer that was there before because it's there to serve um more of the population at that location. Um so the number Mr. Glo the number is not 300. It's more like five or $600,000 that we would have to make up which means we would lose time uh because we'd have to go probably spend another month at least on redesign and then from there we'd have to go back out to bid and we are up against a clock on this particular project because we have to have the money spent and reimbured by the end of this year. We really were shooting to have the project open for originally for Memorial Day. Um uh we're looking at hopefully having it open for Fourth of July. So we would essentially push everything out to the end of the summer. It's a it's one of your busiest locations when you look at uh 16th Avenue. So um my recommendation was that we had very competitive bids. Um you would spend more money on revising the documents um so that again costs would go up. Um, and the only way you could really conceivably save any kind of money would again to make the building smaller, which defeats the long-term purpose of having the that size building at that location.

But I thought I heard you say too that we have to have it under contract before the end of the year. Is that the you said or else we would lose the um the uh grant? Not necessarily that, but we have to have it completely spent and reimbursed by the end of 2026.

Okay. So that there's a process that by which we have to abide by with the department of community affairs. Um now if there are additional monies that become available through this fund the bureau will if they haven't already apply for that money. So if monies do come back to the program the department of community affairs says that they have the ability to reimburse the burrow for any monies that you spent above the original 1.5. Um, so that hopefully will result in the bureau getting money back from that perspective. The other thing is in the 1.8 there's $100,000 in allowance. So really hopefully we'll have a change order down at the project level that we would see um that not that allowance not utilized.

Okay. Okay. Hope that answers your question. So I'm going to ask Mr. Do we how much do we know how much money we have in the beach capital fund? No, I don't uh I don't have that number. I mean, is it is this $3,000 going to be to the point where it depleting the fund? No. No. I mean, [cough] excuse me. No. Are we not going to be able to do anything on the on the beach because we're spending $300,000 on the uh No. On the bathroom? No.

No. Okay. But maybe we should we should uh you know just look at and let people know how much money is actually in that. I could probably look it up here, but I I don't want to take the time. Yeah, we could have for next meeting. Yeah. But you know, my concern would be that, you know, if we're using money that, you know, is going to prevent us from doing something else on the beach, uh you know, then then we'd look at it. But I don't think that ever came up in in any of the discussions I was involved in. that we were putting, you know, the beach fund or the, you know, beach operations at any kind of a financial risk by doing this. No, our CFO was comfortable with that number. So, we'll have the exact number for you next meeting.

Okay. Any other comments on this ordinance? Barry Barry Luben, 15th Avenue. Uh, comment on what Mr. Kramer was saying. Um the permanent building is an asset to the town. Um I understand what you're saying with um the expense. You said heating it.

Why are we heating it? Well, we're heating it so it doesn't freeze. Um but then we're also working with D and things like that where the permanent building is a good thing. Um the expense Billy can tell me how much time and effort it takes to move the trailer to there each year. The gas bill while that building is locked just keeping the pipes from freezing, that's all it is, is 100 bucks. So it totally minimal in that respect.

Plus plus we have to remember too this is being done for the public's good. I mean, you know, we we have the the Fifth Avenue one open and I've heard from many people who walk the boardwalk in in the winter time like, "Oh, this is great." You know, if we have to go to the bathroom, we just go right up into the, you know, so we have many and we've had people say to us, "Why can't the trailers be open, you know, all year round?" So, you know, it it's also being done for the uh the people who are on the boardwalk all year round. And you know that's really the main reason for wanting to keep it open all year. Uh so that it's a convenience. You know if you drive I mean we will live in Belmore for years. If you come up on a nice Sunday in February you'll see people walking on the boardwalk. So I I think it's a tremendous asset for the borrow to do that. for somebody who uh has uh worked that end of the boardwalk uh my part-time job. Um I don't want to see any um units removed from that facility because I think the Fifth Avenue building has too few units from what people have bitched and moaned.

Okay. Uh, anything else? Can I have a motion to close the public hearing? I'll make a motion. Second. And can I have a motion to adopt ordinance 202522? Motion. Second. [laughter] Councilman Donovan. Yes. Mayor Busesco. Yes. Council Runo. Yes. And last item is ordinance 202523, an ordinance approving and adopting an amendment to the amended redevelopment plan for the Seapport redevelopment area. We have a motion to offer this ordinance for first reading and introduction.

I didn't. Council Donovan, yes. Mayor Becca, yes. Council Romero,

yes. Now we're on the public session. If anyone would like to speak, just remember to please state your name and address first. Linda Sharus, 4th Avenue. Um, I'm hoping you could help me understand why we didn't get more affordable units from the developers who have already been approved and that we, you know, in places 10 units instead of the 20% Is there a reason we didn't push for 20 and the courts agreed? Because I thought that was the

I've said many times this is this was a a three-way negotiation. So it it was not simply a matter of us saying we want x number of units because as soon as somebody said something like that then the developer would say well we need another floor. So then that butts up against the the whole idea of trying to limit the height of of the building or then the next thing is well then we need more parking. So there were like three or four or five variables going around at the same time. So it wasn't simply I mean the developer I'm saying this and I'm chuckling. The developer could always say we want to give you more units than than we than you know than we have to. I mean, there's nothing that says they have to be get 20%. They could have said, "Oh, yeah, we'll give you 25%." But no, they're not they're not immunable to doing that because it cuts into their to their profit. I mean, it's obviously they're in this to make money. So, you know, and I can't fault them for that.

You got to remember the the whole the overlord of all of this, as I like to say, is the fair share housing group. They're the ones who really are controlling the the the string as to how many units they will be agreeable to. If they said we don't, you know, this development has uh 15% and they're saying no, we don't agree to that, well then we'd have to continue negotiating. If if it comes to 15% or 60% and fair share housing says, "Yep, that's fine." And that's fine. But was it the whole idea is that 20% be would be amidst all the other units as opposed to 10% is a relatively small number compared to the units that are going in. So I don't understand who was representing us in those discussions to get such we wouldn't be in this situation if we had received more units from the other buildings. gladly have have approved more units. It it's really the the gatekeeper was the the fair share housing center.

But who represented? We we we we had our attorneys representing us. So all of those projects were affordable housing. Yes. So to the councilman's point point, these projects when they first were brought to the burough probably three or four years ago didn't include any affordable housing.

They were all market rate. The the intervenor projects which ultimately turned into intervenor projects did not include any affordable housing. So it was a very difficult negotiation as far as getting, you know, how many affordable units would be included. As the mayor said, these projects there's a couple levers. Obviously the developer's interest is financial. uh the more each affordable unit costs the developer a certain amount of money. It cost it's generally back of the envelope math is it's four market rate units to fund one affordable unit. So the more affordable units you force onto a project or include in the project it increases the density and as the mayor mentioned increases the parking. None of the projects none of the intervenor projects include 10% affordable units. I'm not sure where you're getting that number. The minimum number I think is 15%. Some of it's maybe 17%. Uh some of the intervenor projects, one of the intervenor projects is 20%. So those were the intervenor projects. That was for the third round. Going forward, the burrow has adopted a um mandatory set aside ordinance that pro redevelopment projects that are greater than five units will now be required to have a 20% set aside. So that is going forward finally wrapping up the third round obligations which have been lingering within the burrow for 10 15 years. Now going forward there is a mandatory 20% set aside.

So to that point those projects that have already been approved but have not been started will they be required to add the affordable? No the well they already have the affordable. You mean those intervenor projects? No the smaller projects that have been approved. No once the Once a project receives its preliminary site plan approval or site plan approval, there's no ability for the burough to go back and negotiate. They would be subject to um being exposed to litigation because they've received a representation from the bureau that they have an approval. You can't then go back and say we're withdrawing that approval and requiring you to do something additional. Okay. Well, thank you.

Would anyone else like to make a comment? Clar 18th and B. Um, let me just say thank you for repeating things over and over and over again because I've been to most of these meetings and I've heard it over and over again and I wish everybody watched all the meetings and came to the meetings and could hear it so that everybody didn't have to constantly repeat different things. And one other thing was we did miss the last meeting but councilwoman council president Romano thank you so much for the workshop that you gave. Um I had asked for that years ago. It was great. It's an explanation of everything so that when the things come up for you know public session questions most of the questions are already answered. So thank you for that. I do really appreciate it and also appreciate all the time that you put in over the past three years and I just hope that you don't disappear out of Belmar like so many people do after they've been up there. Thank you and happy Thanksgiving to everyone.

Happy Thanksgiving. And I just want to say we don't mind repeating things because you know as a as a former teacher you know people people have different ways of learning things and some people just need to hear something more than once and and some of the things we're discussing are not intuitively uh you know uh easy to grasp on the first round. So I think it's you know it's not a problem for us to to explain uh things over if we have to. I don't want anybody to think they they shouldn't get up and ask a question because we might have answered it once before. Any other comments? Okay. Can I have a motion to close the public session and adjourn the meeting? I'll make the motion. [clears throat]

Second. All in favor? I have to take anyone.