Defying Counsel, Bean Votes on Ordinance

Ignoring the advice of the borough's attorney, Belmar Councilman Jim Bean refused to recuse himself from the discussion and vote on a proposed amendment to the borough's back house ordinance, adopted unanimously Wednesday. 

Borough Attorney Michael DuPont at Wednesday's Belmar Council meeting said that, since Bean owned a back house in town, his involvement in the governing body's process to adopt changes to the ordinance posed a potential conflict of interest and advised the councilman to recuse himself. 

The governing body already had adopted the ordinance last summer but after officials discovered the potential conflict the ordinance was re-introduced last month with the intention Bean would recuse himself from the process.

DuPont said that Bean's participation could assist any potential objectors to the ordinance in court to obtain a prerogative writ, or court order throwing out the ordinance. 

“As an abundance of caution... it is my legal opinion that you have a conflict and that you should not vote," DuPont said. 

Bean, however, disagreed. 

“I think you give very bad advice,” Bean said.

Bean said that he didn't think his involvment posed any conflicts and accused council Democrats of organizing an "ambush" on the governing body's lone Republican. 

Bean also accused Mayor Matt Doherty of lying during previous council meetings when he said he didn't know the councilman owned a back house that he rented out. 

Doherty later would admit that he must have forgotten a March email conversation with Bean in which the councilman mentions he was the landlord of a back house in the borough. Bean had an apparent print-out of the e-mail correspondence at Wednesday's meeting. 

Bean said that since he owns a year-round rental, and the amendment allows the conversion of seasonal rentals to year-round rentals, he did not benefit from the changes to the ordinance and, therefore, was not in conflict. 

Following the vote, which was 5-0 to adopt the amended ordinance, DuPont instructed Borough Clerk April Claudio to strike Bean's vote from the record.