Council pulls measure to reopen Ocean Ave. Unger: Some facts of case should be revealed to public for input BY CHRISTINE VARNO Staff Writer LONG BRANCH - The City Council removed a resolution from last week's agenda that called for reopening a section of old Ocean Avenue north. The council decided during a private workshop meeting to pull a resolution from the March 11 municipal meeting that called for allowing vehicular traffic on a closed portion of Ocean Avenue that borders the Beachfront North Phase II redevelopment zone. Councilman Brian Unger said prior to the private meeting that he asked council members to table the resolution to allow for further discussion and public input on the plan. Ocean Boulevard resident Harold Bobrow asked at the public meeting if council could explain components of the resolution. "I know it was pulled," Bobrow said. "Someone said maybe we can discuss this in entirety before it is drawn out again and have a public hearing before the ordinance is introduced," Bobrow said. Councilwoman Mary Jane Celli, who was acting as council president in the absence of Councilman Michael DeStefano, said the council began discussing the resolution over two weeks ago. "We decided to do a resolution, and after discussion tonight, we decided to pull it," Celli said. "That is all I will say. It is in litigation." When municipal matters are in litigation, the details of the case can be kept confidential from the public under the Open Public Meetings Act. "Our interpretation of the [Open Public Meetings Act] statute is that confidential legal opinion and strategies should be excluded from public comment during litigation," Unger said after the meeting. "This would include important nonpublic information and advice that the city attorney transmits to us on City Council. "However, the facts of situations, the potential consequences, the downside risks and implications of a case like this can and should be revealed and discussed in public so we can get public input and opinion," Unger said. The city is currently seeking to acquire lot 4 from owners T.D.B. Associates as part of the Beachfront North Phase II redevelopment project. With the city's taking of lot 4, a parcel of land known as lot 7 would be landlocked, according to the resolution that was pulled from the agenda. T.D.B. Associates also owns lot 7, but has declined redevelopment rights for the land. The city is not seeking to acquire lot 7 from the owners, because the land is located in another redevelopment zone, according to Mayor Adam Schneider. "T.D.B. has made a legal and financial claim against the city to open the roadway to their property to permit vehicular traffic flow in and out of the former roadway," Unger said. The resolution would have authorized the city to open old Ocean Avenue along the beachfront from roughly the end of Ocean Terrace going south about 75 yards to the northern boundary line of the Promenade Beach Club, according to Unger. A group of residents presented council with over 3,500 signatures in the summer protesting the city's plan to open portions of Ocean Avenue to vehicular traffic. The residents maintain that the closed roadway is used as a recreational area by pedestrians, joggers and bicyclists. Schneider said the measure has been pulled for further discussion by council. "We are going to explore the context of the litigation," Schneider said. "Can I swear that it will never come up again?" he asked, before answering, "No, I can't. "We are looking for another option," Schneider assured the public. Bill Nordahl, who lives in the Beachfront North Phase II neighborhood, said reopening the roadway would affect his neighborhood. "I would hope there will be some public discussion to learn what the plan is and to give some public input before you move forward on it," Nordahl said. Schneider said there probably will not be a separate hearing if the issue resurfaces. Denise Hoagland, who also lives in the neighborhood with Nordahl, said, "This resolution first came up two years ago as an ordinance and it came up again last year. "When it is in litigation, you can't share the information with the public?" she questioned the council. "You guys put up these resolutions and you put up these ordinances and vote with the public not fully aware of the information in its entirety," Hoagland said.