[0:00] We'll call this meeting to order. This is a work session, Mayorbrough Council

[0:03] versus Asbury Park County Motion, State of New Jersey, held on Thursday,

[0:07] September 3rd, 2026, advertised for 7:00 p.m. Pursuant to the provisions of New

[0:13] Jersey's Open Public Meetings Act, adequate notice of this meeting was

[0:16] properly provided by transmitting the notice of meeting for publication in the

[0:20] Asbury Park Press and the Ocean Star on January 2nd, 2026. Notice of meeting the

[0:25] governing body also has been posted in the corridor of the municipal building

[0:29] and in the office of the municipal clerk. Roll call.

[0:32] » Councilmember Condos? >> Here.

[0:34] » Councilmember Condos? >> Here.

[0:35] » Councilmember Kraft? >> Here.

[0:37] » Councilmember Octander? >> Here.

[0:40] » Councilmember Twohill?

[0:43] » I have not heard word that he is not coming, so I

[0:47] He's not? >> I think he had

[0:49] » I know he had a work >> event for some

[0:51] » There was a work event. Yeah, I knew that, but I I don't know.

[0:54] » Will he still make the regular meeting? >> Um Council President Will?

[0:58] » Here. >> Mayor Pearson?

[0:59] » Here. >> Thank you.

[1:02] » The item for discussion entailed There was an email, I think,

[1:07] went around everybody with an attached video.

[1:12] And on just for information purposes for

[1:16] everybody's benefit, there's a resolution that had been passed by the

[1:21] Borough Bay Head governing body. There's been

[1:25] talk of it in Manaloking as well, but I don't think they passed a resolution.

[1:31] The resolution basically just points out the federal regulations, doesn't

[1:36] say anything else, and I mean,

[1:40] I can say I've never had a complaint or call about this issue except this recent

[1:47] email with the video. Uh

[1:50] and I've read about it in the papers. In Bay Head, I think it was during daylight

[1:55] hours, and there were beach goers. I think this person claims it's after

[2:00] hours in Seaside Park, but I don't I don't know if anybody's walked the

[2:05] beach. >> in the West hole. I don't think it was

[2:07] our beach because there's a whole lot of lights to the uh south.

[2:10] » It didn't Yeah, that's what I was looking for. Any badge box, anything

[2:13] looked like Seaside Park, and it didn't seem I don't know if anybody else

[2:17] » background did not look like anything I recognize.

[2:20] » To the to the south was uh there was a lot of lights like from the

[2:25] pier and like maybe uh Seaside Heights and that way there.

[2:28] » It could be that, yeah. >> And Manalapan, maybe?

[2:32] » I guess Bay Head's had a problem because they actively chumming for sharks and

[2:38] lowering them in and there were bathers and surfers and surf fishermen all

[2:43] active in the area, so that but I don't know unless if anybody has

[2:48] had any complaint. The lifeguard captains never

[2:51] notified me. I don't know if any >> I've never heard from

[2:54] » I haven't heard at all. >> In all my

[2:57] years up there. >> I spoke to the fire chief and he said he

[3:00] sees it a lot from cuz he lives right on the ocean. He said he sees these drones

[3:04] at night a lot. >> Wow.

[3:07] » Fishing?

[3:09] Who was that? >> Dennis.

[3:11] » Oh, Dennis. >> Oh.

[3:13] » So, just a question. Um if I understood correctly, both Bay Head

[3:18] and Manalapan said they didn't pass ordinances. They basically did

[3:21] resolutions reinforcing what the state laws already are.

[3:24] » Yeah, that's right. >> That's not even Yeah, it's not even

[3:27] It's not even state. I don't know if Manalapan did it. They just talked about

[3:31] it. >> Okay.

[3:33] » I don't >> So, what I know is I was doing similar

[3:36] that was what this resolution tonight >> That's what this person is asking I take

[3:40] action. I don't know. I talked to Steve briefly before.

[3:43] The issue then becomes enforcement and Yeah, we don't have enforcement. It's a

[3:50] federal I don't I don't

[3:52] » with with

[3:54] fishing? sharks. You need a HMS HMS permit. I have one. I don't have the

[4:00] shark endorsement, but even so, the permits are really for

[4:04] boats and not personal

[4:06] anglers. So, I guess that makes it illegal to

[4:10] catch sharks from land. Yeah, it sounds that way. Now, is the Coast Guard the

[4:15] only enforcement I don't I don't think local authorities have

[4:20] » Um >> I don't know.

[4:22] » I I think typically it's the federal regulatory enforcement.

[4:24] » Yeah. It's federal, but

[4:29] » That's not to say that the state police couldn't do it

[4:32] because you know, on their website they say it's

[4:35] illegal to do it. >> Yeah, it is on

[4:38] » Well, they had they had notice. I mean, you see it in the packet there, it says

[4:42] that the violation is a disorderly person's

[4:45] offense. So.

[4:48] » That's New Jersey law under our criminal >> code.

[4:51] It's about using unmanned aircraft for taking wildlife.

[4:57] » Mhm. >> That's That's on the books in New Jersey

[5:00] law. >> That's true. They don't

[5:02] specifically say shark, but it's wildlife.

[5:05] » Wildlife, anything. >> Yeah.

[5:11] » So, we if we pass this resolution and it's clear like in that second

[5:17] section, I guess where it has number 3B where it basically is saying, you know,

[5:20] you can't do it from shore. It's covering that, but what do we

[5:26] actually do about it then? Do we just like our police department have to do

[5:29] anything or >> I don't think they don't have authority

[5:33] out on the boardwalk. >> putting it out there, reminding people

[5:36] that this is the law. >> That's all that they have seems to be

[5:39] doing. >> That's what I'm saying.

[5:40] » It just says >> It's a courtesy reminder, don't do it

[5:42] here because >> says the bureau recognizes existing

[5:45] federal and state regulatory governing framework governing recreational fishing

[5:50] of Atlantic highly migratory species and encourages all anglers to familiarize

[5:55] themselves with the permitting requirements. That's That's it.

[6:01] So, it's just telling people to follow the law.

[6:03] » notice to follow the law. Correct. >> We support the law like we do every

[6:07] other state. >> You guys just playing devil's advocate

[6:11] to the gentleman who wrote to you and to the council. You know, you say okay, we

[6:16] we have this. We put this in place. This was the action we took. It really is all

[6:20] we think we are really so many things to do.

[6:23] » public notice. >> Right. Okay. That's

[6:31] So, would you like us to put a similar public notice out on our social media

[6:34] platforms? >> Yes. In fact, said website and social

[6:37] media the way you and that little master.

[6:41] Yeah, I didn't take a good look at at that. I don't know that the definition

[6:45] of wildlife under that 2C actually includes sharks, to be honest with you.

[6:50] There is a Department of Fishing Game. I deal with them I deal with the

[6:54] department all the time for their ordinance violations and

[6:58] there may be a definition in the administrative code for wildlife that

[7:02] just may not include sharks, to be perfectly frank. And I'm not commenting

[7:06] on what Bayhead did at all. Yeah, but but I will tell you I haven't had a

[7:09] chance to really take a look at that. I would hesitate

[7:12] to do anything on it until I could take a look at it and see if that

[7:16] uh 2C actually applies to sharks as it does to wildlife. I'm not so sure.

[7:22] » That's from the state perspective, but it's still against

[7:25] » Yeah, but if it's wildlife, I mean, I don't know that

[7:28] it applies to sharks. I'm not I'm not Again, I'm not questioning it. I'm just

[7:32] saying I haven't had a chance to give you a legal opinion on it.

[7:36] » I don't think we want another sign for the beach. That's my opinion. I don't

[7:39] need another sign. I think, you know, if you want to put educational on the

[7:42] website, but I don't want shark posts. It said

[7:45] » Yeah, it's social media. >> All right, yeah.

[7:50] » I want to want to have further discussion at Steve's office

[7:54] look into it more. Yeah.

[7:57] » Yes, leave the statement >> Yeah.

[7:59] » still correct. >> Mhm.

[8:02] Okay.

[8:06] » Yeah, that makes sense. >> That was the

[8:10] item that I had come in. Does any other council member

[8:15] have a work session item at this juncture?

[8:19] » I don't have an item to discuss and I don't know if maybe I can save it for

[8:23] later, but just as a status for recreational, there's been a lot of, you

[8:27] know, things that we've been talking about, so

[8:29] we do have a meeting scheduled for tomorrow morning, so hopefully after

[8:32] that we'll be able to update everybody on some next steps.

[8:36] » Yeah. We have four items on the agenda

[8:38] tomorrow, at least. >> Easy that turns into six or eight or 10.

[8:41] » Right. >> Yeah.

[8:47] » [clears throat] >> I know we have need for a

[8:51] what we hope will be a fairly short closed in between the work

[8:56] session and the regular as to potential litigation.

[9:02] But at this juncture, unless anything further from council, I would go into

[9:06] the public if there's any public comment on the work session item.

[9:10] All right, if anyone has any, if they could give their name and address into

[9:14] the record. Don?

[9:17] » Hello, Don Whitman, 5201 Unit A. Uh, you were talking about the shark

[9:22] fishing. I think we're very fortunate in that we have Island Beach State Park.

[9:27] Most people do a lot of the fishing down Island Beach State Park for sharks.

[9:31] Uh, I'll tell you that right now. A lot of people it's it's no lights,

[9:36] it's away from people, and if they do shark fish it's down there.

[9:41] Same thing with fishing game, their responsibility is just to check to see

[9:45] if I have a license saltwater fishing license.

[9:48] If I don't have a saltwater fishing license, I'm not supposed to be fishing.

[9:53] Now, the problem is with fishing game, they're supposed to do all of these

[9:56] state parks all the way up the coast. They don't have a lot of people to

[10:01] check. And it is a state responsibility to really

[10:08] check who's doing what. But, I know in our section down where we are, I have

[10:13] not seen or heard of many people going out shark fishing from the beach, but

[10:18] down down the island I have heard people fishing down there. So, I you know, I

[10:23] just hope that this will give you a little input. And

[10:27] right now, is it really something that we need here? You know, let's say people

[10:32] come down here to fish. If they do get a shark, uh

[10:37] you know, I it's we're in an an area where it's

[10:41] recreation is important, and fishing is important, and I don't

[10:45] want to see people not come here because we're saying you can't

[10:49] you know, you can't go out shark fish. I don't do it, but

[10:54] I said, thank you. >> So, real quick, the

[10:57] the statute does uh title 23, they refer me to title 23 for

[11:03] a definition for wildlife under the 2C, which is clear you can't use a drone to

[11:09] to uh to get wildlife. Wildlife means any wild

[11:13] mammal, bird, reptile, amphibian, fish, shellfish, mollusk, crustacean, or other

[11:19] wild animal, or any part, product, egg, or offspring, or the dead body or parts

[11:23] thereof. >> It's everything.

[11:24] » So, there you have it. That's wildlife. So, the 2C would definitely apply to

[11:28] having a drone used to if you a shark. It's illegal.

[11:32] Period. >> [clears throat]

[11:33] » It's that simple. It's only person's offense.

[11:35] » Okay. >> Thank you. See that? Now they're going

[11:38] to bill you for that, I'm sure.

[11:44] » [laughter] >> It doesn't go on and say about the

[11:46] enforcement. >> Well, I'll have to research that.

[11:50] » [laughter]

[11:52] » That's a state perfect thing to >> Yeah, so there's a definition. Thank

[11:55] you. >> Thank you, sir.

[11:56] » Any other comments on the work session items?

[12:00] Hearing none, I would entertain a motion uh to

[12:05] close the public portion of the work session and go into a closed executive

[12:11] session uh whereas the governing body feels under the open public meetings act

[12:17] uh it is necessary in certain circumstances to exchange exclude the

[12:20] public and the governing body wishes to discuss as indicated potential

[12:25] litigation with minutes to be kept once the matter involving the confidentiality

[12:29] of the above no longer requires that confidentiality, then the minutes would

[12:33] be made public and the public be excluded.

[12:37] » [clears throat] >> Do we have such a motion?

[12:39] » I'll make a motion, man. >> Council member Condos, seconded by

[12:41] Council President Wilk Wilko. >> Council member Condos?

[12:45] » Yes. >> Council President Wilk?

[12:47] » Yes. >> Council member Condos?

[12:49] » Yes. >> Council member Craft?

[12:51] » Yes. >> Council member Attendant?

[12:53] » Yes. >> Motion approved.

[12:54] » And we

[12:58] We already had public comment on the work session

[13:01] and motion to adjourn the work session take one break few seconds and then go

[13:08] right into the regular meeting. And so, do we have such a motion?

[13:13] » I'll make motion. >> Motion by Council member Condos.

[13:15] » I'll second it. >> And seconded by Council President Wilk

[13:18] Wilko. >> Council member Condos? Yes. Council

[13:21] President Wilk? >> Yes.

[13:23] » Council member Connor? >> Yes.

[13:25] » Council member Craft? >> Yes.

[13:26] » Council member Attendant? >> Yes.

[13:28] » Motion approved.

September 3rd, 2026 Seaside Park Work Session

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