That top of page location is invalid and hidden - as you can see from the screenshot Mohammad shared with you. Our system is advising you of that by showing the black placeholder with the warning.
The drop down menu you're using would overlap the ad location, and cause accidental / invalid clicks and would jeopardize your site's standing with both Ezoic and Google.
You're welcome and encouraged to have ads above the fold - but they need to be valid locations that won't cause invalid clicks. The one location you've chosen above the fold is not valid, and it might be worth considering if the layout / theme you're using is meeting your requirements / persistence in having an ad location above the fold.
Regarding the footer, are you speaking about the homepage?
The only placeholder generating there is 'under first paragraph' which isn't necessarily accurate to the actual location on the page. We'd suggest adding your own placeholder there using the chrome extension now (we've stopped the generated one from showing on the homepage, so the area is clear for you to set up a bottom of page placeholder now).