Jul 19, 2023 Borough Council Meeting (trimmed)

Seaside Heights, NJ · 2023-07-19 · More Seaside Heights, NJ meetings · More New Jersey meetings

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[0:00] You're good.
[0:13] We're good. This meeting has been advertised in the Asbury Park Press and posted on a
[0:18] municipal voting board. Please stand.
[0:22] Grant me the serenity to accept the things I cannot change, courage to change the
[0:26] things I can and wisdom to know the difference.
[0:29] I pledge allegiance to the flag of the United States of America, the student
[0:34] republic for which it stands, one nation, under God, indivisible, for liberty and justice for all.
[0:42] Roll call.
[0:44] Councilperson's gracious.
[0:45] Here.
[0:46] Tomkin.
[0:47] Here.
[0:48] Smith.
[0:49] Here.
[0:50] Paul Hemis.
[0:51] Here.
[0:52] Brown.
[0:53] Brown.
[0:54] Here.
[0:55] Vito, I'm glad the surgery. We all wish you good luck in speedy recovery. I'm glad your
[0:57] decision was very successful.
[0:59] Thank you.
[1:00] Thank you very much.
[1:02] Approval of the minutes from July 5th.
[1:06] Motion.
[1:07] Make a motion.
[1:08] Second.
[1:09] Roll call.
[1:10] Councilperson's gracious.
[1:11] Yes.
[1:12] Tomkin.
[1:13] Yes.
[1:14] Smith.
[1:15] Yes.
[1:16] Paul Hemis.
[1:17] Yes.
[1:18] Brown.
[1:19] Yes.
[1:20] Harbone.
[1:21] Yes.
[1:22] Resolutions and ordinances for consent and consideration.
[1:23] Resolution number 23-196 is a resolution authorizing the payment of bills and
[1:26] payments of $2,252,393.30.
[1:33] 23-197 is a resolution amending the 2023 temporary operating budget pursuant to
[1:39] NJSA 48-4-20.
[1:43] 23-198, this is a resolution appointing temporary seasonal employees.
[1:50] Resolution 23-199, this is a resolution appointing a permanent part time
[1:55] food enforcement officer trainee.
[1:57] And it's Dan Patterson.
[2:00] He's a local resident.
[2:01] Lives up on Carney Avenue.
[2:02] He's been working for us throughout the summer.
[2:06] He was actually offered a full-time position, but he was only interested in part-time.
[2:12] There are four ordinances on for introduction tonight.
[2:16] The first one is ordinance 2023-23.
[2:19] This is an ordinance of the borough of Seaside Heights County,
[2:22] a resolution state of New Jersey amending the borough code of the borough of Seaside Heights.
[2:26] So it was to amend chapter 110 entitled hotel and motel occupancy tax.
[2:31] This would basically establish a 3% tax on short-term rentals in Seaside Heights.
[2:36] So if you're running through Airbnb or VRBO, this would set up a mechanism to charge the same tax that the motels in town have to buy.
[2:46] And now we'll have second reading on August 16th.
[2:52] Ordinance 2023-2024.
[2:57] This is an ordinance of the borough of Seaside Heights County of Ocean State of New Jersey amending the borough code of the borough of Seaside Heights.
[3:03] So it was to amend chapter 179 entitled rental property.
[3:07] So this ordinance and the next two that are on for introduction tonight, they're basically all doing the same thing.
[3:14] It's just that we have it in different parts of the borough code.
[3:17] But this basically says that between April 15th and June 30th of each year in the hotels and motels, they can't rent anybody under the age of 21.
[3:30] And then from July 1 to April 14th, it resorts back to the current ordinance basically, which is 18 is the minimum.
[3:38] This applies to hotels and motels.
[3:40] The ordinances that have second reading tonight in public hearing have to do with the short-term rental aspect of it.
[3:46] So this is covering a different part of the same issue.
[3:50] Ordinance 2023-25.
[3:54] Ordinance of the borough of Seaside Heights County of Ocean State of New Jersey amending the borough code of the borough of Seaside Heights.
[3:59] So it's to amend chapter 55 entitled Certificates of Occupancy.
[4:05] Ordinance number 2023-26.
[4:07] This is an ordinance of the borough of Seaside Heights County of Ocean State of New Jersey amending the borough code of the borough of Seaside Heights.
[4:12] So it's to amend chapter 122 entitled Mercantile Establishments.
[4:17] Keeping in mind, this is the first reading for 23, 24, 25 and 26.
[4:23] August 16th will be a vote from the council remembering that if this passes or if the other passes tonight,
[4:32] none of this goes into effect until January 1, 2024.
[4:37] Public comment.
[4:40] Hearing no public comment, motion?
[4:42] Make a motion.
[4:44] Second.
[4:45] Roll call.
[4:46] Councilperson's duration.
[4:47] Yes.
[4:48] Tomkin.
[4:49] Yes.
[4:50] Smith.
[4:51] Yes.
[4:52] Clemus.
[4:53] Farron.
[4:54] Yes.
[4:55] Resolution 23-200.
[4:59] Resolution of the borough of Seaside Heights County of Ocean State of New Jersey authorizing and approving the person-to-person transfer of plenary retail distribution license number 1526.
[5:09] 4400-4006 to Tom's River Liquor LLC.
[5:15] So this is Sir Flickr's license going to the new owner.
[5:19] Any comments from the public reference to transfer of the license?
[5:23] Hearing none, a motion?
[5:24] Make a motion.
[5:25] Second.
[5:26] Roll call.
[5:27] Councilperson's duration.
[5:28] Yes.
[5:29] Tomkin.
[5:30] Yes.
[5:31] Smith.
[5:32] Yes.
[5:33] Clemus.
[5:34] Farron.
[5:35] Carbone.
[5:36] Yes.
[5:37] Abstain.
[5:38] This is an ordinance of the borough of Seaside Heights County of Ocean State of New Jersey amending the borough code of the borough of Seaside Heights.
[5:44] It was to amend Chapter 219 entitled Utilities.
[5:47] And this sets up service fees in the water and sewer utility for connections.
[5:53] Any public comment?
[5:55] Hearing none, a motion?
[5:56] Make a motion.
[5:57] Second.
[5:58] Roll call.
[5:59] Councilperson's duration.
[6:00] Yes.
[6:01] Tomkin.
[6:02] Yes.
[6:03] Smith.
[6:04] Yes.
[6:05] Clemus.
[6:06] Farron.
[6:07] Yes.
[6:08] We have had a motion to amend the borough of Seaside Heights County of Ocean State of New Jersey amending the borough code of the borough of Seaside Heights.
[6:14] This was to amend Chapter 72 entitled Curfew.
[6:17] This basically sets up a curfew for individuals under the age of 18.
[6:24] Any questions from the public comment?
[6:28] Please come up to the microphone, set your name and address.
[6:38] All right, I'm balling 216 Grand Avenue.
[6:40] Now this curfew.
[6:41] Does it go to effect immediately?
[6:44] Or is it going to be effected?
[6:46] Effect immediately.
[6:49] All right, thank you.
[6:50] You're welcome.
[6:51] Any other comment?
[6:52] Hearing none, motion?
[6:53] Take a motion.
[6:54] Second.
[6:55] Roll call.
[6:56] Councilperson Gratian.
[6:57] Yes.
[6:58] Tompkins.
[6:59] Yes.
[7:00] Smith.
[7:01] Yes.
[7:02] Marrone.
[7:03] Yes.
[7:04] Orbonne.
[7:05] Yes.
[7:06] Ornance 2023-19.
[7:07] And Ornance of the Borough Seaside Heights, County of Ocean State of New Jersey, amending
[7:10] the Borough Code of the Borough Seaside Heights, it was to amend Chapter 166 entitled Police Department.
[7:15] This has to do with the off-duty work that police officers are generally permitted to do.
[7:21] So they have not been able to do work at the bars in town.
[7:25] They will also preclude them from doing off-duty security work at the motels and apartment complexes
[7:30] and things like that.
[7:33] Any comments from the public?
[7:36] Hearing none, motion?
[7:37] Take a motion.
[7:38] Second.
[7:39] Roll call.
[7:40] Councilperson Gratian.
[7:41] Yes.
[7:42] Tompkins.
[7:43] Yes.
[7:44] Smith.
[7:45] Yes.
[7:46] Ohemus.
[7:47] Yes.
[7:48] Marrone.
[7:49] Yes.
[7:50] Ornance 2023-20.
[7:51] All right.
[7:52] Just to mention, these Ornance, that Ornance doesn't go into effect until January as well.
[7:57] Some of the motels would already have a contract for us to provide the off-duty.
[8:03] So the idea is to give everybody a chance to find a new source of off-duty police officers moving into 2024.
[8:12] Okay.
[8:13] 2023-20.
[8:14] Ornance of the Borough of Seaside Heights, County of Ocean State of New Jersey, amending
[8:19] the Borough Code of the Borough of Seaside Heights, which was to mention Chapter 179 entitled
[8:23] Rental Property.
[8:24] So it's kind of the long Ornance, but it's basically the short-term rental Ornance.
[8:28] This applies generally speaking to your VRBOs and Airbnb rentals in town.
[8:38] Any comments from the public?
[8:40] Hearing none, motion?
[8:42] Off-duty.
[8:43] Roll call.
[8:44] Councilperson Gratian.
[8:45] Yes.
[8:46] Tompkins.
[8:47] Smith.
[8:48] Yes.
[8:49] Ohemus.
[8:50] Yes.
[8:51] Farone.
[8:52] Yes.
[8:53] Carbone.
[8:54] Yes.
[8:55] 2023-21.
[8:56] Ornance of the Borough of Seaside Heights, County of Ocean State of New Jersey, amending
[8:58] the Borough of Code of the Borough of Seaside Heights to amend Chapter 33 entitled Boardwalk
[9:06] and Beach.
[9:07] And this basically implements a boardwalk closure for the beach, I mean, from between
[9:14] 8 p.m. and 5 a.m. each day.
[9:17] All the issues are covered.
[9:19] And the exempts, like fishermen and surfers, and the normal.
[9:22] Chris, does that exempt medical detectors also?
[9:24] I had a question about that.
[9:27] Well, we didn't put that, it's not in there.
[9:30] But I mean.
[9:31] Can that be put in there?
[9:32] Yeah.
[9:33] Substantial change.
[9:34] All right.
[9:35] Ah, that would be a substantial change?
[9:37] So we do amend time a little while.
[9:39] We would.
[9:40] At the next meeting?
[9:41] Sure.
[9:42] that we're going to put in no minute.
[9:45] Let's pass this tonight.
[9:46] Yes, yes.
[9:47] We'll pass it tonight since there's
[9:49] been no objection from the public so far.
[9:52] And then we'll amend it to allow, what do you call it?
[9:55] That will be checked.
[9:57] Each covers.
[9:58] Each covers.
[9:59] I can draft that.
[10:00] Do draft this over the next day.
[10:02] Any questions from the public as far as the boardwalk
[10:04] closures from 8 PM to 5 AM?
[10:08] Hearing none, motion?
[10:10] I'll make it.
[10:11] Second.
[10:12] Oh, call.
[10:13] Council person's gracious.
[10:15] Yes.
[10:15] Tompkins.
[10:16] Yes.
[10:16] Smith.
[10:17] Yes.
[10:17] Hamas.
[10:18] Yeah.
[10:18] Moron.
[10:19] Corbons.
[10:20] Yes.
[10:22] Approvals.
[10:24] There's a bunch of them.
[10:25] You have Lucky Leo's Christmas in July.
[10:28] That's actually ongoing right now.
[10:30] They've done that event for a number of years
[10:32] in front of their business on the boardwalk.
[10:34] Kids' Crabbing Day on July 22nd.
[10:37] Heavy Reel Brewing put in a request with the ABC
[10:41] to do another event in the parking lot of their premises.
[10:45] This one they're calling Heavy Reel Tiki Fest.
[10:53] August 22nd, there's a request to do a wedding on the Sampson
[10:56] Carterette Avenue Beach.
[10:59] And on the 24th of August, the Berkeley Striper Clubs,
[11:02] they've done this before.
[11:04] It's a clubs.
[11:06] It's a kids' day down on the dock at the Bayfront.
[11:09] And lastly, American Angler Fish Tournament and Fishing Show
[11:13] between September 3rd and October 1st.
[11:16] You've heard the approvals for the events.
[11:19] Any questions from the public?
[11:21] Having none?
[11:22] Motion.
[11:23] Make a motion.
[11:24] Second.
[11:25] Council person's gracious.
[11:26] Yes.
[11:27] Tompkins.
[11:28] Yes.
[11:29] Smith.
[11:30] Yes.
[11:31] Hamas.
[11:32] Yeah.
[11:33] Okay.
[11:34] It's that time in the evening where the public has an opportunity
[11:36] to talk to the council.
[11:38] If you'd like to, just come up to the mics.
[11:40] Say your name and address.
[11:42] And, Rich.
[11:44] Oh, God.
[11:49] Rich, that's O245 County Avenue.
[11:51] Just a comment about the beach.
[11:53] You guys did a wonderful job this season
[11:56] on patrolling the beach and everything.
[11:58] The garbage cans that you have set up so people can play ball.
[12:01] I think if you adjust them on the weekend,
[12:03] because you're shorting the beach and it's really packed up,
[12:06] during the week it doesn't matter,
[12:08] but on the weekends it kind of shortens up the beach
[12:10] when the garbage cans are all the way up
[12:12] and the play area is almost a third of the beach.
[12:16] I think, you know, when you know it's going to be a busy weekend,
[12:19] if you can move those back, that gives everybody...
[12:21] You mean back towards the doer?
[12:23] Towards the boardwalk.
[12:24] Right.
[12:25] Because you have them cordoned off, you have them left there.
[12:27] So that's the only thing.
[12:29] But the police have done a good job.
[12:31] Everybody's done a good job.
[12:32] After four o'clock you do smell the marijuana,
[12:34] so what are you going to do?
[12:35] But that's the way it is.
[12:37] But other than that, good job, Agnes.
[12:41] Anyone else like to speak tonight?
[12:44] No one.
[12:45] Okay.
[12:46] The only thing I have to say is...
[12:47] Hold on, Tom.
[12:48] I'm sorry.
[12:49] I apologize.
[12:50] I didn't see you.
[12:51] Okay.
[12:52] Not a resident, but a new representative.
[12:54] Good afternoon, ladies and gentlemen of the board.
[12:56] I'm going to introduce our chief, RC Shane Associates,
[12:58] a group of concerned citizens who prefer not to be identified
[13:01] at this time.
[13:02] However, they are asking me to come to speak to you about a...
[13:06] Their concerns about a recent ordinance that was passed
[13:08] tonight, specifically the ordinance that prevents individuals
[13:11] from under the age of 21 being able to rent within the
[13:14] borough of Seaside Heights.
[13:17] They're actually coming here asking me to ask the board
[13:21] to reconsider it and voluntarily rescind that ordinance.
[13:25] As you're aware, there's a thing called log in discrimination
[13:28] within the state of New Jersey.
[13:30] That prevents people from the age of 18, 19, and 20 adults
[13:35] in the United States from actually being discriminated against.
[13:39] Actually, in this modern age, you can go to fight to...
[13:43] You can go fight for a war for the United States,
[13:45] but the borough of Seaside Heights right now is saying
[13:47] you can't rent a short-term rental within its borough.
[13:51] We're leaving here with two options,
[13:53] and this is just for public comment and your own consideration.
[13:56] Either you voluntarily rescind the ordinance
[13:59] or a lawsuit will be filed.
[14:02] Thank you for your time.
[14:04] Thank you for your comment.
[14:06] I already have two things to talk about tonight.
[14:09] First, no one else, right?
[14:13] I'm sorry.
[14:14] No one else?
[14:15] Okay.
[14:16] One is that there's a lot of scams going on in the country,
[14:19] but particularly properties.
[14:22] You'll notice on television, media,
[14:24] telling us about the alert if you own property,
[14:27] watch your deeds, and so forth.
[14:29] Our county of Ocean, along with the Office of County Clerk
[14:32] and the Board of Commissioners, have a program.
[14:35] You can go online, and you can register.
[14:39] That means anybody that looks at your property,
[14:41] you're not knowing it.
[14:43] You're not knowing it, but the county knows it.
[14:45] They will notify you first that your property deed
[14:48] is being looked at,
[14:50] either through a credit agency or an individual.
[14:53] So I suggest strongly, I did it last week.
[14:56] So I suggest strongly that you do it.
[14:58] I think it's a protection.
[15:00] In a second, let's root for sun because the rain is killing us. With that, I'll start
[15:06] off this end tonight, Rich.
[15:07] Well, I agree with you, Mr. Mayor. We need some sun, that's for sure. I think everything
[15:12] we tried to do here tonight with the ordinances, as we've said from the beginning, we always
[15:16] say the same thing, is we're trying to make this a family town. I saw the other day on
[15:20] Newsbreak, which is one of the online services. They had a real nice article about seaside
[15:25] heights, really trying to become a family town, all the efforts that we put in. And
[15:29] I think that that's what this is all about, is trying to make things better in this town.
[15:34] Quality of life, as the mayor always talks about. And these ordinances tonight, I think,
[15:37] will help to do that for the seaside heights. So, hopefully, let's pray for some good weather
[15:41] and everybody have a good evening.
[15:43] I hope it will get some good weather soon. I'm shooting. It's a bad beach time right
[15:51] now, so I look forward to this. I'm coming out and everybody enjoying the best this week.
[16:00] Harry, it's like to thank everybody for coming. We do listen to everybody in town, so keep
[16:04] your comments coming to us. And pray for good weather.
[16:07] Like Harry said, I thank everybody for coming. It seems like our attendance is growing
[16:12] more and more. We're happy to see people come out. And this is a resort town, so
[16:16] we do need good weather. And that's all we could say.
[16:20] I'm going to say, dido to everyone. I'm good to see everyone here. Hope we can solve your
[16:25] problems. And we're doing the best we can. We just don't like being called sleet side.
[16:31] And with all these kids, it's scary. And that's all we're trying to do.
[16:37] Vito, I have you. I'm putting up the phone so they can hear you.
[16:42] I just want to thank everybody for all their prayers, thoughts and support as I went through my surgery.
[16:48] It was very successful. Now I would say, throw your prayers for good weather because we really need God.
[16:54] And I want to second what Rich said and what Penny said is the quality of life and making this town a family town
[17:01] didn't happen overnight. And we have to continue to work at it as we are.
[17:06] And the evidence of that is these ordinances that we just passed.
[17:10] So that's the mantra of the town. That's where we're headed.
[17:14] And I want to thank everyone for coming.
[17:17] Okay. With that, I'll ask for a motion to adjourn.
[17:20] I'll make it on favor.
[17:21] Aye.
[17:22] Aye.