September 20, 2012

that it does not say that they must provide a copy and if the Committee is opposed, then the Board must vote on it. Mr, Steinhart said that if the New York Times came to take a photo, would they be required to turn over a copy of the photograph. Chairman Neuer said yes; why not. Mr. Sussman said is there any validity in considering how they look at a member of the press as opposed to a member of the public, Chairman Neuer said that, in the two cases that he read, he did not see any difference in public and press. Mr. Steinhart stated that he does not have any experience in working with the media but it is his opinion that they would not turn it over. Chairman Neuer stated that Ms, Zaolino is not in favor of moving back to the fifth row but is in favor of the third row. He said that she is not in favor of prior approval and is against the photographer delivering a copy of the photo or video. Chairman Neuer asked for a motion to adopt the amendment, Mr. Buechler stated that he has some changes and noted them to the Board. He said in paragraph a his suggestions are: to change it to 7 calendar days and that the requests may be granted or denied by the Chairperson on a case by case basis; paragraph f he suggests including: that an exception may be granted for an applicant’s own stenographer who may be seated in the front row during testimony for said applicant’s presentation to the Board, if permission for the stenographer is granted by the chairperson at the meeting; paragraph g he suggests that it read: any recording device shall be placed on any podium or any other surface in the fourth row or further back from where the zoning Board sits or may deliberate; paragraph h he suggests that it read: the Township, the Zoning Board and members of the Zoning Board shall not be held tesponsible for any damage to or malfunction of any recording device. Mr. Buechler said that he also suggests adding paragraph k stating that the Board and the Township will not guarantee the provision of any electrical supply for their recording equipment. He also stated that to require any person to provide a copy of a photo or video to the Secretary is a little overboard and goes a little too far. Mr. Quentzel said that he agrees that they should have a copy of the photo or video in case there is any editing done by the person recording it. He said that the copy would become part

tle too far. Mr. Quentzel said that he agrees that they should have a copy of the photo or video in case there is any editing done by the person recording it. He said that the copy would become part of the file and not the proceedings. Mr. Bullock said that Mr. Quentzel has raised a good point and he used the Seton Hall application hearing as an example. He said that the person who videotaped that hearing did get prior approval but he always wondered what he intended to do with the video. Mr. Bullock said that he was very uncomfortable with that person videotaping that hearing and that he thinks that providing a copy is a good idea. He said that the Board must maintain some control. Ms. Zaolino said that she understands but stated that the Zoning Board is a public body and they cannot control what people do. Chairman Neuer said that the purpose of this is to create openness and give any member of the public the opportunity to view it. Mr. Buechler stated that the copy cannot be part of the file because it was not presented by the applicant, the objector or the Board.