1
00:00:00,000 --> 00:00:05,840
We'll call this meeting to order. This
is a work session, Mayorbrough Council

2
00:00:03,960 --> 00:00:11,040
versus Asbury Park County Motion, State
of New Jersey, held on Thursday,

3
00:00:07,840 --> 00:00:15,240
September 3rd, 2026, advertised for 7:00
p.m. Pursuant to the provisions of New

4
00:00:13,400 --> 00:00:18,400
Jersey's Open Public Meetings Act,
adequate notice of this meeting was

5
00:00:16,720 --> 00:00:22,280
properly provided by transmitting the
notice of meeting for publication in the

6
00:00:20,440 --> 00:00:27,360
Asbury Park Press and the Ocean Star on
January 2nd, 2026. Notice of meeting the

7
00:00:25,560 --> 00:00:30,880
governing body also has been posted in
the corridor of the municipal building

8
00:00:29,120 --> 00:00:33,440
and in the office of the municipal
clerk. Roll call.

9
00:00:32,320 --> 00:00:35,160
» Councilmember Condos?
>> Here.

10
00:00:34,160 --> 00:00:37,000
» Councilmember Condos?
>> Here.

11
00:00:35,960 --> 00:00:38,960
» Councilmember Kraft?
>> Here.

12
00:00:37,720 --> 00:00:42,760
» Councilmember Octander?
>> Here.

13
00:00:40,040 --> 00:00:42,760
» Councilmember Twohill?

14
00:00:43,280 --> 00:00:48,280
» I have not heard word that he is not
coming, so I

15
00:00:47,680 --> 00:00:50,280
He's not?
>> I think he had

16
00:00:49,200 --> 00:00:53,240
» I know he had a work
>> event for some

17
00:00:51,200 --> 00:00:56,560
» There was a work event. Yeah, I knew
that, but I I don't know.

18
00:00:54,280 --> 00:00:59,040
» Will he still make the regular meeting?
>> Um Council President Will?

19
00:00:58,360 --> 00:01:00,320
» Here.
>> Mayor Pearson?

20
00:00:59,840 --> 00:01:05,519
» Here.
>> Thank you.

21
00:01:02,400 --> 00:01:10,880
» The item for discussion
entailed There was an email, I think,

22
00:01:07,960 --> 00:01:14,160
went around everybody with an attached
video.

23
00:01:12,200 --> 00:01:17,760
And on
just for information purposes for

24
00:01:16,280 --> 00:01:24,160
everybody's benefit, there's a
resolution that had been passed by the

25
00:01:21,560 --> 00:01:28,320
Borough Bay Head governing body. There's
been

26
00:01:25,400 --> 00:01:34,040
talk of it in Manaloking as well, but I
don't think they passed a resolution.

27
00:01:31,520 --> 00:01:38,880
The resolution basically just points out
the federal regulations, doesn't

28
00:01:36,520 --> 00:01:43,840
say anything else, and
I mean,

29
00:01:40,440 --> 00:01:49,320
I can say I've never had a complaint or
call about this issue except this recent

30
00:01:47,240 --> 00:01:53,320
email with the video.
Uh

31
00:01:50,400 --> 00:01:57,960
and I've read about it in the papers. In
Bay Head, I think it was during daylight

32
00:01:55,480 --> 00:02:03,560
hours, and there were beach goers. I
think this person claims it's after

33
00:02:00,600 --> 00:02:05,520
hours in Seaside Park, but I don't I
don't know if anybody's walked the

34
00:02:05,400 --> 00:02:09,240
beach.
>> in the West hole. I don't think it was

35
00:02:07,640 --> 00:02:11,760
our beach because there's a whole lot of
lights to the uh south.

36
00:02:10,399 --> 00:02:15,840
» It didn't Yeah, that's what I was
looking for. Any badge box, anything

37
00:02:13,760 --> 00:02:19,760
looked like Seaside Park, and it didn't
seem I don't know if anybody else

38
00:02:17,959 --> 00:02:23,640
» background did not look like anything I
recognize.

39
00:02:20,640 --> 00:02:27,760
» To the to the south was uh
there was a lot of lights like from the

40
00:02:25,400 --> 00:02:30,160
pier and like maybe uh Seaside Heights
and that way there.

41
00:02:28,959 --> 00:02:34,720
» It could be that, yeah.
>> And Manalapan, maybe?

42
00:02:32,120 --> 00:02:39,840
» I guess Bay Head's had a problem because
they actively chumming for sharks and

43
00:02:38,200 --> 00:02:46,080
lowering them in and there were bathers
and surfers and surf fishermen all

44
00:02:43,560 --> 00:02:49,880
active in the area, so that
but I don't know unless if anybody has

45
00:02:48,440 --> 00:02:53,640
had any complaint. The lifeguard
captains never

46
00:02:51,440 --> 00:02:56,440
notified me. I don't know if any
>> I've never heard from

47
00:02:54,959 --> 00:02:58,440
» I haven't heard at all.
>> In all my

48
00:02:57,680 --> 00:03:02,440
years up there.
>> I spoke to the fire chief and he said he

49
00:03:00,120 --> 00:03:05,239
sees it a lot from cuz he lives right on
the ocean. He said he sees these drones

50
00:03:04,400 --> 00:03:09,680
at night a lot.
>> Wow.

51
00:03:07,160 --> 00:03:09,680
» Fishing?

52
00:03:09,720 --> 00:03:11,959
Who was that?
>> Dennis.

53
00:03:11,000 --> 00:03:16,360
» Oh, Dennis.
>> Oh.

54
00:03:13,800 --> 00:03:19,360
» So, just a question. Um
if I understood correctly, both Bay Head

55
00:03:18,239 --> 00:03:23,239
and Manalapan said they didn't pass
ordinances. They basically did

56
00:03:21,000 --> 00:03:25,400
resolutions reinforcing what the state
laws already are.

57
00:03:24,600 --> 00:03:29,720
» Yeah, that's right.
>> That's not even Yeah, it's not even

58
00:03:27,720 --> 00:03:32,120
It's not even state. I don't know if
Manalapan did it. They just talked about

59
00:03:31,880 --> 00:03:34,040
it.
>> Okay.

60
00:03:33,160 --> 00:03:38,200
» I don't
>> So, what I know is I was doing similar

61
00:03:36,200 --> 00:03:42,200
that was what this resolution tonight
>> That's what this person is asking I take

62
00:03:40,640 --> 00:03:47,320
action. I don't know. I talked to Steve
briefly before.

63
00:03:43,920 --> 00:03:51,840
The issue then becomes enforcement and
Yeah, we don't have enforcement. It's a

64
00:03:50,000 --> 00:03:53,400
federal I don't
I don't

65
00:03:52,440 --> 00:03:58,480
» with
with

66
00:03:54,320 --> 00:04:02,160
fishing? sharks. You need a HMS HMS
permit. I have one. I don't have the

67
00:04:00,640 --> 00:04:05,600
shark endorsement,
but even so, the permits are really for

68
00:04:04,240 --> 00:04:08,360
boats and not
personal

69
00:04:06,959 --> 00:04:12,680
anglers.
So, I guess that makes it illegal to

70
00:04:10,280 --> 00:04:18,400
catch sharks from land. Yeah, it sounds
that way. Now, is the Coast Guard the

71
00:04:15,080 --> 00:04:21,280
only enforcement I don't I don't think
local authorities have

72
00:04:20,440 --> 00:04:24,160
» Um
>> I don't know.

73
00:04:22,320 --> 00:04:26,160
» I I think typically it's the federal
regulatory enforcement.

74
00:04:24,919 --> 00:04:31,480
» Yeah.
It's federal, but

75
00:04:29,360 --> 00:04:33,880
» That's not to say that the state police
couldn't do it

76
00:04:32,600 --> 00:04:36,360
because
you know, on their website they say it's

77
00:04:35,320 --> 00:04:40,560
illegal to do it.
>> Yeah, it is on

78
00:04:38,240 --> 00:04:43,040
» Well, they had they had notice. I mean,
you see it in the packet there, it says

79
00:04:42,040 --> 00:04:47,200
that
the violation is a disorderly person's

80
00:04:45,360 --> 00:04:50,040
offense.
So.

81
00:04:48,200 --> 00:04:54,640
» That's New Jersey law under our criminal
>> code.

82
00:04:51,960 --> 00:04:59,160
It's about using unmanned aircraft for
taking wildlife.

83
00:04:57,040 --> 00:05:01,600
» Mhm.
>> That's That's on the books in New Jersey

84
00:05:00,880 --> 00:05:04,800
law.
>> That's true. They don't

85
00:05:02,960 --> 00:05:07,680
specifically say shark, but it's
wildlife.

86
00:05:05,440 --> 00:05:09,919
» Wildlife, anything.
>> Yeah.

87
00:05:11,120 --> 00:05:19,400
» So, we if we pass this resolution
and it's clear like in that second

88
00:05:17,320 --> 00:05:23,160
section, I guess where it has number 3B
where it basically is saying, you know,

89
00:05:20,840 --> 00:05:27,760
you can't do it from shore.
It's covering that, but what do we

90
00:05:26,040 --> 00:05:31,160
actually do about it then? Do we just
like our police department have to do

91
00:05:29,760 --> 00:05:34,120
anything or
>> I don't think they don't have authority

92
00:05:33,280 --> 00:05:37,760
out on the boardwalk.
>> putting it out there, reminding people

93
00:05:36,120 --> 00:05:39,800
that this is the law.
>> That's all that they have seems to be

94
00:05:39,400 --> 00:05:41,000
doing.
>> That's what I'm saying.

95
00:05:40,480 --> 00:05:43,720
» It just says
>> It's a courtesy reminder, don't do it

96
00:05:42,760 --> 00:05:47,920
here because
>> says the bureau recognizes existing

97
00:05:45,560 --> 00:05:53,760
federal and state regulatory governing
framework governing recreational fishing

98
00:05:50,840 --> 00:05:57,000
of Atlantic highly migratory species and
encourages all anglers to familiarize

99
00:05:55,840 --> 00:06:01,000
themselves with the permitting
requirements. That's That's it.

100
00:06:01,680 --> 00:06:06,080
So, it's just telling people to follow
the law.

101
00:06:03,960 --> 00:06:10,120
» notice to follow the law. Correct.
>> We support the law like we do every

102
00:06:07,760 --> 00:06:13,640
other state.
>> You guys just playing devil's advocate

103
00:06:11,960 --> 00:06:18,120
to the gentleman who wrote to you and to
the council. You know, you say okay, we

104
00:06:16,320 --> 00:06:21,919
we have this. We put this in place. This
was the action we took. It really is all

105
00:06:20,160 --> 00:06:24,520
we think we are
really so many things to do.

106
00:06:23,560 --> 00:06:27,400
» public notice.
>> Right. Okay. That's

107
00:06:31,000 --> 00:06:34,960
So, would you like us to put a similar
public notice out on our social media

108
00:06:34,080 --> 00:06:38,840
platforms?
>> Yes. In fact, said website and social

109
00:06:37,360 --> 00:06:41,280
media the way you and that little
master.

110
00:06:41,560 --> 00:06:47,600
Yeah, I didn't take a good look at at
that. I don't know that the definition

111
00:06:45,400 --> 00:06:52,880
of wildlife under that 2C actually
includes sharks, to be honest with you.

112
00:06:50,600 --> 00:06:56,280
There is a Department of Fishing Game. I
deal with them I deal with the

113
00:06:54,240 --> 00:07:00,160
department all the time for their
ordinance violations and

114
00:06:58,919 --> 00:07:04,000
there may be a definition in the
administrative code for wildlife that

115
00:07:02,560 --> 00:07:08,440
just may not include sharks, to be
perfectly frank. And I'm not commenting

116
00:07:06,160 --> 00:07:11,200
on what Bayhead did at all. Yeah, but
but I will tell you I haven't had a

117
00:07:09,720 --> 00:07:13,960
chance to really take a look at that. I
would hesitate

118
00:07:12,560 --> 00:07:20,480
to do anything on it until I could take
a look at it and see if that

119
00:07:16,840 --> 00:07:24,680
uh 2C actually applies to sharks
as it does to wildlife. I'm not so sure.

120
00:07:22,880 --> 00:07:27,520
» That's from the state perspective, but
it's still against

121
00:07:25,720 --> 00:07:30,520
» Yeah, but if it's wildlife, I mean, I
don't know that

122
00:07:28,800 --> 00:07:33,440
it applies to sharks. I'm not I'm not
Again, I'm not questioning it. I'm just

123
00:07:32,160 --> 00:07:37,800
saying I haven't had a chance to give
you a legal opinion on it.

124
00:07:36,040 --> 00:07:41,400
» I don't think we want another sign for
the beach. That's my opinion. I don't

125
00:07:39,480 --> 00:07:44,760
need another sign. I think, you know, if
you want to put educational on the

126
00:07:42,920 --> 00:07:47,520
website, but I don't want shark posts.
It said

127
00:07:45,280 --> 00:07:52,360
» Yeah, it's social media.
>> All right, yeah.

128
00:07:50,000 --> 00:07:56,840
» I want to want to have
further discussion at Steve's office

129
00:07:54,520 --> 00:07:59,080
look into it more.
Yeah.

130
00:07:57,120 --> 00:08:00,840
» Yes, leave the statement
>> Yeah.

131
00:07:59,840 --> 00:08:04,760
» still correct.
>> Mhm.

132
00:08:02,440 --> 00:08:04,760
Okay.

133
00:08:06,840 --> 00:08:12,560
» Yeah, that makes sense.
>> That was the

134
00:08:10,800 --> 00:08:17,240
item that I had
come in. Does any other council member

135
00:08:15,280 --> 00:08:21,840
have a work session item at this
juncture?

136
00:08:19,120 --> 00:08:25,480
» I don't have an item to discuss and I
don't know if maybe I can save it for

137
00:08:23,520 --> 00:08:28,240
later, but just as a status for
recreational, there's been a lot of, you

138
00:08:27,200 --> 00:08:30,880
know,
things that we've been talking about, so

139
00:08:29,440 --> 00:08:34,560
we do have a meeting scheduled for
tomorrow morning, so hopefully after

140
00:08:32,840 --> 00:08:37,039
that we'll be able to update everybody
on some next steps.

141
00:08:36,200 --> 00:08:39,800
» Yeah.
We have four items on the agenda

142
00:08:38,440 --> 00:08:43,280
tomorrow, at least.
>> Easy that turns into six or eight or 10.

143
00:08:41,880 --> 00:08:45,440
» Right.
>> Yeah.

144
00:08:47,281 --> 00:08:53,080
» [clears throat]
>> I know we have need for a

145
00:08:51,520 --> 00:09:00,280
what we hope will be a
fairly short closed in between the work

146
00:08:56,960 --> 00:09:04,480
session and the regular as to potential
litigation.

147
00:09:02,800 --> 00:09:08,320
But at this juncture, unless anything
further from council, I would go into

148
00:09:06,000 --> 00:09:12,600
the public if there's any public comment
on the work session item.

149
00:09:10,520 --> 00:09:15,440
All right, if anyone has any, if they
could give their name and address into

150
00:09:14,160 --> 00:09:21,240
the record.
Don?

151
00:09:17,800 --> 00:09:25,160
» Hello, Don Whitman, 5201 Unit A.
Uh, you were talking about the shark

152
00:09:22,720 --> 00:09:28,839
fishing. I think we're very fortunate in
that we have Island Beach State Park.

153
00:09:27,000 --> 00:09:33,040
Most people do a lot of the fishing down
Island Beach State Park for sharks.

154
00:09:31,040 --> 00:09:39,760
Uh, I'll tell you that right now. A lot
of people it's it's no lights,

155
00:09:36,960 --> 00:09:43,720
it's away from people, and if they do
shark fish it's down there.

156
00:09:41,680 --> 00:09:47,640
Same thing with fishing game, their
responsibility is just to check to see

157
00:09:45,800 --> 00:09:50,480
if I have a license saltwater fishing
license.

158
00:09:48,720 --> 00:09:55,480
If I don't have a saltwater fishing
license, I'm not supposed to be fishing.

159
00:09:53,360 --> 00:09:58,800
Now, the problem is with fishing game,
they're supposed to do all of these

160
00:09:56,560 --> 00:10:05,040
state parks all the way up the coast.
They don't have a lot of people to

161
00:10:01,240 --> 00:10:11,440
check. And it is a state responsibility
to really

162
00:10:08,280 --> 00:10:16,560
check who's doing what. But, I know in
our section down where we are, I have

163
00:10:13,240 --> 00:10:21,440
not seen or heard of many people going
out shark fishing from the beach, but

164
00:10:18,600 --> 00:10:25,480
down down the island I have heard people
fishing down there. So, I you know, I

165
00:10:23,800 --> 00:10:30,080
just hope that
this will give you a little input. And

166
00:10:27,680 --> 00:10:34,400
right now, is it really something that
we need here? You know, let's say people

167
00:10:32,480 --> 00:10:39,600
come down here to fish.
If they do get a shark, uh

168
00:10:37,440 --> 00:10:43,160
you know, I it's
we're in an an area where it's

169
00:10:41,280 --> 00:10:47,600
recreation is important,
and fishing is important, and I don't

170
00:10:45,000 --> 00:10:51,440
want to see people not come here because
we're saying you can't

171
00:10:49,560 --> 00:10:55,040
you know, you can't go out shark fish. I
don't do it, but

172
00:10:54,120 --> 00:11:00,480
I said, thank you.
>> So, real quick, the

173
00:10:57,320 --> 00:11:07,200
the statute does uh
title 23, they refer me to title 23 for

174
00:11:03,960 --> 00:11:11,120
a definition for wildlife under the 2C,
which is clear you can't use a drone to

175
00:11:09,680 --> 00:11:16,560
to uh
to get wildlife. Wildlife means any wild

176
00:11:13,680 --> 00:11:21,440
mammal, bird, reptile, amphibian, fish,
shellfish, mollusk, crustacean, or other

177
00:11:19,000 --> 00:11:24,000
wild animal, or any part, product, egg,
or offspring, or the dead body or parts

178
00:11:23,360 --> 00:11:26,400
thereof.
>> It's everything.

179
00:11:24,520 --> 00:11:30,960
» So, there you have it. That's wildlife.
So, the 2C would definitely apply to

180
00:11:28,760 --> 00:11:32,997
having a drone used to if you a shark.
It's illegal.

181
00:11:32,200 --> 00:11:35,160
Period.
>> [clears throat]

182
00:11:33,480 --> 00:11:36,560
» It's that simple. It's only person's
offense.

183
00:11:35,840 --> 00:11:41,240
» Okay.
>> Thank you. See that? Now they're going

184
00:11:38,360 --> 00:11:41,240
to bill you for that, I'm sure.

185
00:11:44,133 --> 00:11:47,000
» [laughter]
>> It doesn't go on and say about the

186
00:11:46,400 --> 00:11:52,048
enforcement.
>> Well, I'll have to research that.

187
00:11:50,028 --> 00:11:52,048
» [laughter]

188
00:11:52,160 --> 00:11:56,240
» That's a state perfect thing to
>> Yeah, so there's a definition. Thank

189
00:11:55,560 --> 00:11:59,280
you.
>> Thank you, sir.

190
00:11:56,680 --> 00:12:04,040
» Any other comments on the work session
items?

191
00:12:00,640 --> 00:12:07,320
Hearing none, I would entertain a motion
uh to

192
00:12:05,120 --> 00:12:14,080
close the public portion of the work
session and go into a closed executive

193
00:12:11,000 --> 00:12:18,480
session uh whereas the governing body
feels under the open public meetings act

194
00:12:17,080 --> 00:12:23,040
uh it is necessary in certain
circumstances to exchange exclude the

195
00:12:20,720 --> 00:12:27,240
public and the governing body wishes to
discuss as indicated potential

196
00:12:25,320 --> 00:12:31,720
litigation with minutes to be kept once
the matter involving the confidentiality

197
00:12:29,320 --> 00:12:36,839
of the above no longer requires that
confidentiality, then the minutes would

198
00:12:33,680 --> 00:12:38,000
be made public and the public be
excluded.

199
00:12:37,843 --> 00:12:40,200
» [clears throat]
>> Do we have such a motion?

200
00:12:39,480 --> 00:12:44,839
» I'll make a motion, man.
>> Council member Condos, seconded by

201
00:12:41,920 --> 00:12:46,600
Council President Wilk Wilko.
>> Council member Condos?

202
00:12:45,880 --> 00:12:48,320
» Yes.
>> Council President Wilk?

203
00:12:47,600 --> 00:12:50,280
» Yes.
>> Council member Condos?

204
00:12:49,520 --> 00:12:51,920
» Yes.
>> Council member Craft?

205
00:12:51,200 --> 00:12:53,480
» Yes.
>> Council member Attendant?

206
00:12:53,000 --> 00:12:55,839
» Yes.
>> Motion approved.

207
00:12:54,800 --> 00:12:58,040
» And
we

208
00:12:58,480 --> 00:13:05,520
We already had public comment on the
work session

209
00:13:01,520 --> 00:13:11,040
and motion to adjourn the work session
take one break few seconds and then go

210
00:13:08,760 --> 00:13:14,120
right into the regular meeting.
And so, do we have such a motion?

211
00:13:13,120 --> 00:13:16,880
» I'll make motion.
>> Motion by Council member Condos.

212
00:13:15,760 --> 00:13:19,600
» I'll second it.
>> And seconded by Council President Wilk

213
00:13:18,600 --> 00:13:22,600
Wilko.
>> Council member Condos? Yes. Council

214
00:13:21,760 --> 00:13:24,280
President Wilk?
>> Yes.

215
00:13:23,240 --> 00:13:26,160
» Council member Connor?
>> Yes.

216
00:13:25,040 --> 00:13:27,920
» Council member Craft?
>> Yes.

217
00:13:26,839 --> 00:13:31,040
» Council member Attendant?
>> Yes.

218
00:13:28,440 --> 00:13:31,040
» Motion approved.