WORK SHOP MEETING MINUTES MAYOR AND COUNCIL September 17, 2015

Transcription

1 WORK SHOP MEETING MINUTES MAYOR AND COUNCIL September 17, 2015 The Workshop Meeting of the Oceanport Mayor and Council was called to order on September 17, 2015 at 7:00 P.M. with the Statement of Compliance with the Open Public Meetings Act given by Mayor Mahon. "Adequate notice of this meeting has been provided by notice and publication in the LINK News and Asbury Park Press on January 8, 2015, and by the posting of same on the municipal bulletin board and Borough Web Site. MEMBERS PRESENT: OFFICIALS PRESENT: Councilpersons Briskey, Kahle, Gallo, Irace, Paglia, Patti and Mayor Mahon Borough Clerk, Jeanne Smith; Borough Administrator John O. Bennett; Borough Attorney Scott Arnette, Borough Engineer William White ENGINEER S REPORT: Mr. White reported on the following items: Road Program out to bid 2. DOT has begun wall replacement work on Route 71; history of the project with completion expected to be made in 2 weeks 3. County DPW will be replacing drain in front of 150 Monmouth Blvd, replacing with larger pipe; gave history of the issue; work slated for Nov Council President Kahle asked about the Elizabeth Drive issue. Mr. White referred to his Memo dated July 30, 2015 and his recommendation to perform ground penetrating radar to investigate the underground water issue and Mayor Mahon had asked for him to address originally when the Branch Ave drainage system was done. Councilman Gallo s committee will be meeting to pick streets for next year s program to submit for funding by the DOT. Councilman Briskey asked questions about the boat ramp punch list and if the ponding occurring would be addressed. There was discussion on the ponding, plan to resolve, time table and payment being withheld until completed. ADMINISTRATOR S REPORT: Mr. Bennett summarized items from his report previously provided including: 1. Boat ramp 42 permits to non-residents; 30 permits to residents; 9 one-day issued to date. 2. Blackberry Bay Park Pavilion still seeking quotes to add additional handicap parking and a railing; snack bar waiting for prices from plumber 3. PAP Firehouse lobby door improvements underway 4. Pending electrical work at the 900 building 5. BBB Pavilion historic pictures hung; Garden Club donated and installed curtains 6. FEMA Claims additional submissions made. 7. First Aid researched history and working with OEM to amend the reimbursement to include damages repaired and paid for by the First Aid Squad. 8. Ebola Eatontown part of Fort, housing being decommissioned and dismantled 9. RPM proceeding with work through Construction Department 10. Dance Hall will be proposed for a microbrewer and café in a future plan amendment 11. Nurses quarters no further update. 12. Fort Monmouth AD HOC Committee meeting members attended; bus tour being scheduled for Sat. 10/24 at 10 am; buses to be provided by FMERA; info will be put up on website; contact borough to register to attend; also in process of scheduling meeting at FMERA offices in an informal matter

2 13. Personnel 7 applications for construction official position, interviews being scheduled with recommendation to be made at next meeting 14. DPW employee resignation; advertising for a PT seasonal employee with no benefits 15. Unemployment benefits being sought by a retired police officer - Borough will be opposing 16. Woodbine Cemetery no application as of this date. 17. Lights for Peninsula waiting for Councilman Patti and Recreation Committee to contact Peninsula to get information for review 18. Code Enforcement issue with parking on grass; looking for Council to provide direction on whether to continue - referred to Committee for review 19. Audit CFO preparing corrective action plan and will be on for next meeting and all actions to be accomplished by end of year 20. New Village Center 24 of 36 apartments rented 21. OEM director s report concerning emergency alert system Councilman Irace asked if there would be a report from the AD HOC meeting, whether in Executive or otherwise? Mayor Mahon responded that the first meeting was mostly a recap of the history of existing items; more information available on FMERA website and specifically mentioned the Executive Director s report was also on website. Mayor Mahon continued that the Homeless Shelter item was public therefore no need to share in executive session. Councilman Irace asked if shelter issue would come back to the Council to which Mayor Mahon answered yes. Councilman Irace asked about the continuing issue regarding lawn parking and referred to Council President Kahle s quality of life issue that originally initiated it; discussion included the neighborhood s current complaint and was referred to Council President Kahle. Mr. Bennett also reported that an Agenda Planner was being discussed to check regular, ongoing and look ahead matters and working to streamline workshop agendas. Councilman Briskey commented that the first one was changed Council President Kahle said all items were the same just put under the person that would be answering the actual topic so the public would know who was addressing it. Councilman Briskey commented that he believes agenda items should be more specific. There were general comments about the audio volume of speakers. Mayor Mahon explained the limits of the system which was not for use in this environment (the school s cafeteria) and would try to accommodate to the best ability. MAYOR S REPORT: Mayor Mahon reported on the FMERA meeting last night; balance of AD HOC appointments completed, provided names of members and roles with 2 being public members; meeting with Clerk to assist with e-government ; concerning the FMERA headquarters building (library) being asked to be considered for Oceanport s borough hall, FMERA s argument that they ve moved 4 times; and anticipate being there years. The Mayor stated he thought the Borough should seriously consider submitting a Letter of Interest for the building if the Council was seriously interested. Councilman Patti asked if there was any financial responsibility attached to a letter of interest and was told no, and gave example of Russell Hall and bond ordinance in place to cover bid but not needed at letter of interest stage. Mayor Mahon recommended it should be on a future agenda for discussion. Councilman Paglia commented that we should absolutely act and make it a consideration. Council President Kahle asked if they were not going to be out for 12 years can we stay at Old Wharf for 12 years. Mayor Mahon answered no, but FMERA was concerned about the competing projects with Borough hall and schools and the Borough spending no more. Council President Kahle asked what was the timeframe and was there a possibility of losing our FEMA assistance. The Mayor stated he didn t think so but at least submit the letter of interest. Councilman Patt asked if we could suggest FMERA take the building planned for the homeless shelter. Mayor Mahon said that was discussed committee was informed on the details for the homeless process and the Borough s concern has been 2

3 expressed to the County. Mr. Bennett added that the Ad Hoc committee had told FMERA that it was our position that the proposed building was not the best location for the shelter and gave substantiation CLERK S REPORT: 1. Consent Agenda, Resolutions # through Ms. Smith asked for questions on the consent items for which there were none. Question was raised on Resolution # concerning 2 actions based on discussion with public and that it has been suggested that the Council go into executive session to discuss some amendments or put off to future meeting to provide for additional time. Council President Kahle stated she wants to go into executive session. Councilman Irace asked if not on agenda how can we go into executive. Mr. Arnette said it is on the regular agenda and if there were changes to be made to that agreement or if there would be any negotiation the Council was to go into Executive Session and discuss what those changes would be or carry to another meeting to provide time for a Committee to be set up to negotiate with the Borough Administrator and discuss changes. Mayor Mahon designated Council President and Chair of Finance & Administration as members along with himself and the Borough Attorney. Councilman Irace stated he had a problem that it s been 2 weeks and why this last minutes stuff he wasn t aware of discussions wanting changes. Council President Kahle commented that they didn t vote on a contract - only voted to prepare contract for review. Mr. Arnette reigned in discussion and stated the Question on the Floor was there a motion to carry to next meeting if that was what the Council wanted. Mayor Mahon stated it was his hope that the current divide regarding this issue have an opportunity to be resolved in a positive way and in order for that to happen time was needed and would require the item to be carried. 2. Special meeting Ms. Smith advised of Special Meeting advertised for September 28, 2015 to hold the public hearing on the Bond Ordinance for Board of Education s capital program. 3. Best Practices Checklist for 2015 Ms. Smith reported that the State had issued this year s checklist which was under review with the Borough Administrator and CFO and would be scheduled for discussion at a future meeting prior to submission deadline of October 16 th. DISCUSSION ITEMS: 1. Shop OP Property Reward Tax Program - Councilman Patti based on Fort concerns and impacts to property taxes, gave example of a program being used in Marlboro that provides incentive for residents to shop local businesses; shop Circle K for every $1 you spend give.10 cents off annual taxes; cumulatively $150,000 given back to their residents. His research shows that Oceanport too small and would have to partner with another town; would like to recommend doing more investigation, evaluate interest and get businesses into the new village center and Fort Monmouth; will keep informed. 2. Zoning Ordinance and Chickens - Council President Kahle commented that a couple of residents have requested that the ordinance be changed to allow chickens in their backyards - sustainable movement going on for people who want to have their own eggs instead of store-bought that have antibiotics; hormones. Council President Kahle advised that she had an ordinance from a south jersey town that she would distribute to Council for future workshop discussion. 3. Commercial parking on Borough roadways - Mr. Arnette stated that last meeting discussions were to change ordinance to modify most recent amendment; he has provided a draft of a mock up ordinance that would define vehicles by gross vehicle weight; one way to broaden definition; mentioned a resident s suggestions which was under review and would continue to work on modifications. Councilman Briskey asked Police Chief if we go to 4 tons and they run the VIN does it tell the weight of the vehicle. Chief Barcus answered it depends, it may say over this or the minimum; was a problem potentially. Councilman Patti asked if the ordinance had to put the penalty. Mr. Arnette responded it was in original ordinance and this was just an amendment to that but penalty was up to Judge. 4. Site Selection Committee - Councilman Paglia gave update on meeting with Borough architect; proposed resolution designating pursuit of Maria Gatta Park for new site requested at last 3

4 meeting and see how quickly things can change i.e. the FMERA building being considered as an option. Councilman Paglia spoke to Mrs. Mackenrodt s concern about costs; the site being picked and then plans being designed. A lot of residents have since come with new ideas with new discussions about having an AD HOC committee for this so residents could be part of the building process. Councilman Paglia also commented that the Borough should check into the FEMA timeline to make sure funding assistance not lost. Mayor Mahon discussed relocation assistance was 75% instead of 90%; but that an increase if it s not at current location the value of that property was intended to be put towards costs for the new borough hall. Councilman Paglia asked the Mayor to address ad hoc. Mayor Mahon said that when first begun it was modeled after the Board of Education committee for referendum for schools; one team reviewed architectural elements; another reviewed engineering, etc. and allowed people with construction experience to be an asset for the Board to review and make decisions and would like to do same thing for the building program and will invite residents to participate. Mayor Mahon advised the public that they should keep an eye on the website where it will be posted when ready for that part of the project. Councilman Paglia will work with the Clerk on this. 5. Proposed Amendments to Personnel Policies Councilman Paglia reported copy of proposed amendments was distributed and it s important that Council comment on it so it can be implemented within the next couple meetings; gave a summary of the changes to PTO days and asked that questions be directed to him. Councilman Patti asked for Council to be given a clean copy without the markups. Mayor Mahon added that if you review and comment using Word it would track changes. Mayor Mahon then opened the meeting for anyone from the public who wished to be heard. PUBLIC: Roseanne Letson, 37 Morris Place, attended 2 nd FMERA meeting; commented on their meeting process and order, public opportunities to speak and while she knows how our Governing Body works suggested that an Oceanport Council 101 for the public that doesn t always attend as after workshop last meeting everyone left and didn t realize that the regular meeting comes next. Natalie Zilincar, 7 Bungalow Place, commented that it made her uncomfortable to stand there but she loves this town, is active with PTO and cub scouts, and it appears to her that the Council was clearly divided, that the only unity was the name of the drug facility that was snuck in and all that was said was we didn t know and it was their job to know this before issuing a CO and by allowing this without telling volunteers was a dangerous situation for firefighters; also questioned why did we not have an ad hoc committee for 18 months; and wonders what else was not being told. Ron Sickler, 45 Morris Place, stated he attended the FMERA meeting, commented that there were questions by residents; FMERA board expressed having to move 4 times but the Borough s has moved an entire borough hall and it was FMERA s job to dispose of the property for the public and we need it; stated he was glad to see resolution tabled on Maria Gatta; further study should be done on those sites; asked if Gatta was purchased with green acre funds and diversion requires 2 for 1 where was that going to come from. Mr. Sickler continued that sewer lines should be looked at; dig test holes at Gatta which was sand, shell, etc. as it would cost more if we put the building there. Mr.Sickler also questioned the hiring of part time employees and no benefits and submits how can Mr. Bennett be full time. Mr. Bennett responded that he was not employed in another town only named and attends 2 meetings a month at night and receives no re-numeration for it. Mr. Bennett produced OPRA requests made by Asbury Park Press that show he does not receive. Mr. Sickler addressed Council about the 25 vacation days and if you use your personal time 12% of time paid for not being there and Council should not consider that kind of package and should start him out like any other employee, not fair for him to start at that level and to give Mr. Bennett position of Superintendent of DPW with no background experience was ridiculous. Michael MacStudy, 110 Oceanport Ave, regarding lights at Gatta Park, he sent Mr. Bennett and Councilman Patti the information and requested a decision sooner than later as they want to use by 4

5 Oct.1 st, apologized that it just came late in the day today. Council President Kahle asked if that item could be added to the special meeting. Councilman Patti asked why do we even need a motion to allow? Can t they just do it? Should be done administratively and if issues come up deal with it at that time to which there was no objection. Councilman Paglia answered Mr. Sickler last Council meeting mentioned the site selection meeting; committee did review the site locations and Fort property and Gatta park were dry compared to other sites and explained there was land available to do the swap. Beth Manello, 36 Hiawatha Ave, asked questions about Mr. Bennett s experience for the position as DPW Superintendent and was told yes, as the municipal attorney he dealt with the personnel, discipline aspects, in military in charge of motor pool; trucks; etc. and as for experience with solid waste and sewer done by contractor and sewer authority. Ms. Manello asked additional questions including was the job advertised, were there other applicants, other interviews. Council President Kahle responded that it was advertised in newspaper and the website; lengthy description summarized it; yes, Phil Huhn interviewed 3 other applicants; Ms. Manello asked if those candidates had experience; did anyone else participate in the interview to which Mayor Mahon responded he sat in; 1 other applicant had experience as a police officer in another town; 2 other candidates; none of the candidates had DPW experience but had management. Ms. Manello asked if Mr. Bennett was taking the classes and was told yes, started his 9 th and last course recently; some during day and some at night on his own time with tuition paid by the Borough. Joanne Van Ness, 449 River Street, commented on the social media networking which extends beyond the Borough and everyone in the world gets to see; she believes that the Facebook postings recently fits definition of cyber bullying and was used to target Mr. Bennett and the Mayor and residents; that page does not reflect all Oceanport residents and submits that a code of conduct should be established that would prohibit public officials from using social media for council business. Ms. Van Ness argued that all minutes are available on the Borough s official website where it can be reviewed from there. Ms. Van Ness continued that she believes the current behavior on Facebook and other media site is unprofessional and inaccurate and was embarrassing to Oceanport, has impacts on property values as who will want to move here with all that negativity and urged everyone to take a walk and see all the beautiful improvements in town, be fair and be sure the information tells both sides of the story. Mike Sikand, 34 Riverside Ave, expressed his agreement with Natalie, stated he and Mayor Mahon have had disagreements; recommended the Oceanport Civil Society page and based on the contentiousness of the appointment of Mr. Bennett insisted that Mayor Mahon extend the courtesy of deferring Mr. Bennett s appointment until after the election. Cullin Wible, 67 Wolf Hill Ave, gave a statement on items including the volume of speakers, meeting being streamed on YouTube, thanked everyone for their contributions, important to focus on issues at hand and not what s been done in the past, 3 major things FMERA, higher taxes from new borough hall, new schools and potential decrease in MP revenue; and function of government or lack thereof, wants a government that is on Facebook, Twitter and YouTube; challenged the Governing Body to create a level of government openness. Further commented that it was important that while we go through all this we are dragging down the Borough s employees and morale is low and we need to make sure they know they are appreciated for making our town run every day. Dennis Herbert, 40 Asbury Ave, brought up the handrail for Blackberry Bay Park and suggested that it would be a good Eagle Scout project. Mr. Bennett stated he would check with Scout leader but time was a factor because of concern for seniors. Diane Mackenrodt, 233 Port Au Peck Ave, thanked Mayor and Council for considering the building at the Fort for a municipal building and considering ways to keep the cost of the building at $3.6 million, thanked them for the Ad Hoc Committee. Ms. Mackenrodt asked about the deadline from FEMA and 5

6 concerned how that will impact letter to FMERA. Mayor Mahon responded that it was intended to make the decision last January 2015, there was enough information to go ahead with town hall in April which 91 people attended and gave opinions; status is that Oceanport was 1 of 2 or 3 projects for municipal purpose still open and incomplete - Sea Bright and Monmouth Beach in same boat, the Governing Body s decision to focus on residents first and borough facilities later; but as time passes costs rise and the reimbursement value less; is it possible to lose it? Mayor Mahon responded no, and recognized Buzz Baldanza, OEM Director who came forward to answer. Buzz Baldanza, OEM Director, stated he checked with FEMA consultant, there would be no penalty against us, would receive a 90% reimbursement for relocation not including the police trailers and DPW; timeframe for project extends into 2016, however an 18 month extension can be requested; also advised of a Federal program available, gave example of Beach Haven, economic development grant from State for them; they are keeping on it to get the maximum reimbursement. Lisa Harvey, 59 Asbury Ave, commented that no one can hear in the back and the fact that can t be heard contributes to the thought that not transparent and a better sound system should be priority for next meeting. Patti Cooper, 24 Osprey Lane, spoke about sound system; mentioned kids plays and the room contributes to the quality of sound; thanked the person who was doing the streaming for FMERA, thinks great idea. Ms. Cooper further commented on a list of concerns including FMERA s years for the development of Fort Monmouth; what is their incentive to get job done; believes the commercial vehicle ordinance shouldn t only be defined by tonnage as it doesn t address taxicabs; asked about the former employee out on disability that applies for disability how can that be and was told the Borough would be opposing it. Ms. Cooper commented that she liked the Shop OP idea, encourages residents to use Oceanport businesses; with regards to chicken request expressed concern for what happens if her cat gets into neighbor s yard and kills their chickens; asked if Site Selection had considered the new village center which was empty? Maybe buy it from owner? Ms. Cooper referring to Elizabeth Dr. discussion, who does she go to as she has a neighbor with a brook that s undermining her mailbox. Mr. White responded that for Elizabeth Drive they worked with County to get creek cleaned out but he was the person to contact. Ms. Cooper then asked questions about Mr. Bennett s salary compared to 4 other Boroughs what would the salary be in other towns; Mr. Bennett advised they have dual titles and provided salaries for those persons in West Long Branch, Fair Haven and Rumson. Ms. Cooper asked about the classes that had to be taken; took 8 and in 9 th now; asked for the titles of those courses so they have an idea which Mr. Bennett provided. John Gasparini, 114 Pemberton Ave, made comments about the website, impossible to get information; unable to find information on how to run for office; asked questions about the old Borough Hall site such as area, value of land that floods and his opinion that it should not be included at that value, why couldn t the Borough keep moving with what we have; why do we need a showplace borough hall for a tiny town. Mr. Gasparini asked why not look at Commvault site or is that set aside for the schools; thinks it should all be started over and start an online survey; and Borough Hall empty half the time and not open when public can go in. Councilman Paglia disagreed with comment that municipal hall not used as it s always busy when he s stopped in. Mr. Gasparini then asked questions about the construction official; how to get information on building permits; asked about the hospital and was it 100% daycare for seniors which Council President Kahle said was a Medicare backed facility and described services to be provided to senior population. Mr. Gasparini then challenged FMERA and a letter posted to their website that clearly states the purposes of that committee to bring hi-tech jobs and asked can t Oceanport sue somebody for gross incompetence on their part for never filling up that property. 6

7 Jay Coffey, 39 Oneida Ave., offered comments on meeting minutes content, that he started the comments on Facebook discussion earlier; asked if Mr. Bennett s contract was going to be done in the regular meeting and was informed by Mr. Arnette that it was being carried to allow more time to discuss further the terms; directed comments to Councilpersons Irace, Paglia, Gallo, Kahle for them to understand he has no problem with Mr. Bennett working other jobs but in order to get a straight answer out of him one has to ask exact question; asked Councilman Gallo if it was his understanding that Mr. Bennett would have other employment and was told yes; asked same question of Councilman Irace and was told no; asked same question of Council President Kahle who answered no, not at the time the position was to be Borough Administrator and Borough Attorney and for that dual title there was to be no other employment. Mr. Coffey asked then as of January 1, appointment was for Borough Administrator and Superintendent of Public Work to which Council President Kahle responded originally it was to be BA and Esq. in house which would require no outside employment but that didn t take place as it was determined that Mr. Arnette would be Borough attorney and Mr. Bennett would be the Borough Administrator and DPW Superintendent. Mr. Coffey stated his review of executive session minutes don t reflect the change in discussions. Council President Kahle stated it wasn t talked about when the title changed; her understanding was no other employment with attorney title but not with the other title. Mr. Coffey further stated that Mr. Bennett works in 2 other places; Keansburg Mayor Mahon interjected and asked Mr. Coffey to provide his points. Mr. Coffey questioned Mr. Bennett being named bond counsel in Berkeley Township, Keansburg there was an exchange between Mr. Coffey and Mr. Bennett concerning appointments in other towns, Mr. Bennett or the firm Dilworth Paxson, and compensation. Mr. Coffey then gave a statement concerning the lack of clarity about Mr. Bennett s contract or the negotiations for it; his purpose was not about Mr. Bennett s ability to perform the functions nor the Mayor s commitment to Oceanport nor the commitment of each Council member - they are essentially volunteers; the reason here tonight was a lack of trust in the elected leaders over the process for Mr. Bennett s employment, terms of agreement and negotiations and that Councilpersons in place at original appointment seem to be unclear of the terms. Mike Sikand, 34 Riverside Avenue, asked Mr. Arnette what was his position and was told Borough Attorney; asked if he was an employee and was told no; he serves at the will of the Council. Mr. Sikand commented on his observation of residents at microphone and thinks it is inappropriate for him to interrupt. Mr. Arnette stated it was his responsibility to make sure order is followed. David O Rourke, 11 Monmouth Road, stated he had written to Mayor Mahon when he saw a photograph from a previous meeting and received a response from Mr. Bennett; also commented that he did not share on Facebook but it was an opportunity to get information out; asked who was responsible for information to be disseminated. Mayor Mahon answered that we don t have a public information officer; the Borough Administrator provides information; statutory information done by the Clerk. Mr. O Rourke commented that it was bad business to have that position without a contract. Mr. O Rourke asked if Mr. Bennett lived in town when he started working and was told no, but has since moved into town. Mr. O Rourke asked if he knew who the other candidates were and was told he knew there were other candidates but was not aware of the specifics. Mr. O Rourke further commented that he thinks there should be someone active on Facebook on behalf of the town; additional comments about Facebook, negative comments at Mr. Bennett; Oceanport Residents page needs a monitor; he tried to fulfill with Facebook Civil Service but stopped after Councilman Irace was permitted to post his unspoken comments. Mr. Bennett responded that the Council President has suggested establishing a form of social media input but could not be a site for responding to political issues as employees but can respond to things like someone speeding on Branchport can be immediately brought to Police for action and he was hearing that we need to bring Oceanport into the 21 st century. 7

8 David Stehnacs, 14 Centennial Place, asked was there anything that would prevent the Borough from obtaining a lobbyist to chip away at FMERA to represent the Borough and try to get things changed. Mr. Arnette responded they do have lobbyist - the NJ League of Municipalities not sure about our own ability to but could look into. Mr. Stehnacs urged the Borough to look into lobbyists as FMERA was frustrating. Mr. Bennett commented that we do have 3 legislators that are supposed to be our lobbyists for free. As no one else from the public wished to be heard Mayor Mahon closed the public portion of the meeting. Mayor Mahon took opportunity to respond to some of the questions posed by the public. On Ms. Letson s comment on the process, the Mayor explained that it was governed by statutes; spoke about a time when workshop meetings took place on Monday nights and didn t involve any public portion; met in background; was more an agenda meeting; casual conversation on issues; that changed over the next few years where public petition was required in workshops too and moved out of to tables in front of the dais. Mayor Mahon further explained what could and could not be done during a workshop meeting including receipt of the Borough Administrator s report on the day to day operations but cannot have any formal action which can only take place in the regular agenda; explained council policy for items to be discussed in Workshop before appearing on the consent agenda; explained when a member wants an item taken separately as they would like more discussion or amendment or opposition. Described the process that an item or topic goes through. Public petitions per the requirements are they are just statements but in Oceanport the Governing Body engages in a dialogue though not required because they want to engage with the residents, listen to them and keep meetings wide open but sometimes it has to be controlled. Mayor Mahon addressed Ms. Zilincar s words which he thought were heartfelt and said we didn t know what was happening at Unity. Mayor Mahon stated the tenant was never disclosed to the Borough and was always presented in several meetings as an adult daycare and medical office suites. The FMERA process supersedes us and the Borough has it documented that we don t like that 2 nd seat and the first we knew of it was when police responded to a call; but it is an adult counseling service and not a drug rehab and none of that was disclosed during any meeting with the Borough nor to the Planning Board. The Governing Body quickly directed the Borough Attorney to look into it and address any legalities on behalf of the Borough. Councilman Paglia added that Councilman Patti gave a statement at FMERA on the matter and he was there when Director Gorman answered on the record that he did not know either and would be contacting the Attorney General to investigate. Mayor Mahon then spoke about the Ad Hoc Committees for Tinton Falls, Eatontown and that those were started earlier because those areas were the first that the Army sold in Phase I and Oceanport lands still had not transferred from Army with exception of hospital and marina so no deals can take place. As for his disclosure, there was a newspaper article with his photo that actually detailed that he was discussing FMERA matters with his Council when other towns weren t and has always shared with the Council what went on at FMERA and his vote was always based on the Council s direction on behalf of the town. Mayor Mahon asked Mr. Sickler if he was satisfied with the response to his questions made by Councilman Paglia and was told yes. Mayor Mahon responded to Mike Sikand who asked to defer something until after the election which was confusing as there has been pressure to get the contract done which in August was a rush. Mayor Mahon then said he accepts the responsibility of the buck stops here, his fault that it wasn t followed through. 8

9 Mayor Mahon thanked Cullin Wible for the streaming of the meeting and thanked him for his input and advise on the Call to Service and would appreciate his help if he has the time and anyone else in the public that wanted to. Mayor Mahon commented on the sound system, the challenges of having to be mobile and not meant for being in the large room but that we would look at ways to improve it. Mayor Mahon thanked Ms. Cooper for her comments, addressed question about the new village center for borough hall, discussed the trailer offices, timing, desire to serve the residents and bring some normalcy, need to leave because of damages; mold; structural; talked about what we did to waive fees; move to temporary spaces; Phil Huhn came on to assist with 2 tasks find his replacement that could meet Oceanport s challenges and find new location started work, hired first consultants; one of the places he went was the new village center and it was beyond our means even with FEMA reimbursement, Mr. Bennett s action to move into senior s center; get Blackberry Bay Park building done for them to use temporarily. Mayor Mahon commented to John Gasparini perhaps he looked at wrong website as there are links to Sandy info, Borough codes and ordinances right there as well as Facebook/Twitter accounts for Mayor. Mayor Mahon addressed Mr. Coffey s comments/questions about it taking 19 months for the contract and why was this happening. Mayor Mahon answered it was at Mr. Coffey s urging and s from public and accepted the blame for contract not being done. Mayor Mahon commented that David O Rourke made a couple of good comments he went directly to the Mayor and Administrator the way it should be done and s by individuals were responded to. Mayor Mahon responded to comments made by resident from 14 Centennial about FMERA building, encouraged more people to attend the meetings; spoke about his involvement with FMERPA, FMERA; his use of a designee at FMERA Board meetings in his stead so that Council President and other Council members get it directly as well and is a practice done every year. Lastly, Mayor Mahon expressed his biggest concern was for the Fort Monmouth environmental matters. Mr. Bennett gave a statement on the occurrences of the last 2 months (copy attached). Mr. Bennett stated he appreciated those who ed him directly or came in and spoke directly with him and then asked that his contract be delayed so that the comments of the public could be reviewed and considered in resolving the issues and he pledges to do whatever he can to make sure communication was improved and he was available any time. As there was no further business, the meeting was adjourned at 10:36 p.m. on a motion by Councilman Patti which was seconded by Council President Kahle and approved by Council. Respectfully submitted, JEANNE SMITH BOROUGH CLERK 9