City Gives Residents Till May 19th to Review Boardwalk Agreement

City Council Meeting May 5, 2010 --

City Gives Residents Till May 19th to Review Boardwalk Agreement

Reporters’ Notebook - UPDATED MAY 6, 2010, 11 am Link to PPT of Agreement below

Present – Deputy Mayor John Loffredo, Mayor Ed Johnson, Councilmember Jim Bruno
Councilmember Susan Henderson will join for attend the public portion of the mtg
Former Mayor Kevin Sanders is absent

Don Sammet -
Appr’l hazardous site remediation service (HSRS) and State Economic Development Corp. gave app’l for funding eligibility / covers Sp’wd parcels, if find $86k grant from county open spaces program/ Prior to freeholders executing …
Third contract, assessment sp’wd parcel at Dewitt, 16 units, to break ground in July, all be covered by HSRS mediation fund should haz waste be found/ we put money out first then paid back, one of few munis in state, eligible for total of $15mn over 5 yrs/ for assessments and envir things such as
Opens space grant program is the $86k //[Note: not sure if city w/ be liable for $. Sammet was facing council, back toward audience, so voice was faint toward back of room.]
This time next yr have sp’wd commons and sp’d center
Asbury Shores deed will be filed again t’w so we own prop again///a legal process re. change of name

Tom Gilmour –
Commerce Comm. Special events vendor funding AP Jazz Festival, changes to contract, Ruth Ann Harrison’s event company, RUE, 5% is the norm for the industry. I’m comfortable with that.
Mayor – so this co will raise all funds to produce the mayor’s jazz festival, pay insurance, police, city w/ pay no promo or event fees/ all profits will go to vendor. Harrison is present.
State has changed resolution of am’t to UEZ
Special Events: Frank Furley (?)

Reidy, Terry, City Mgr – wnt to go bk to RUE, represents a chg in way this being done/ when I came to AP, festival was being funded by city at rate min. $20k, spent by city to put on festival. Chill out jazz series, Luckinbill concerts series $14k, was paid by city monies. Now no city $ w/ be spend to pay for any of those events. Mkt, produce all w/ be raised by RUE. Difference in way we’re doing business in 2010.

Terms and condition of redevelopers agreement between Madison Asbury LLC (Madison Marquette - entity is now MA Retail) and city, not voting on tonight so we can see it/ Vote on May 19th. Copy available at clerk’s office
Tom Hastie of McManimon & Scotland, City's redevelopment atty for waterfront: subsequent developers agreement
Includes project security, meaningful default provisions, project deadlines and other terms.
See Power Point presentation here. Note, some references in the reporters' notebook should be checked against this ppt file, especially toward end when the slides were more detailed and there was less time to transcribe.
Project security retailers $30mn net worth be sustained, never fall belo $10mn, maintained by Madison Retail any wk started w/ be finished, $? "The Cure Clock, Completion Guaranty, Performance Escrow of $500,000 to be deposited with City."
15 – 100 days to cure, if fail, resets, if fail then another 15 days, if no cure w/in, all w/ take action legally/ lot of wk be done w/ borrowed money, language dealing with bank’s failure to cure…128 days to …agreement.

Reidy – one of major concerns in past has been if dev doesn’t do what supposed to what can city do…a mjor point. This removes arbitration
Hastie – agre structure w/ clrly defined obligations, reduces time frames, agre not, you're right, no arbitration / so this speeds along
TR – higher levels of accountability more specificity
TH – yes
TR – cure periods…go to MM, if not Asbury Partners, and end w/ the lender/ five lender opps to come in and cure what others cdn’t/
TH – when gets to lender, if lender decides to wlk, agreement w/ be terminated if city wants, foreclosure action becomes issue bez vendor has an interest but / gives them 128 days to rejigger proj/ if they’re in foreclosure prob some discussions goingon/
TR – enough time for legitimate sol but not draggin on forever
TH – we’ve eliminated the delays
First Av Pavilion – compledted w/ existing pln bd app’ls / a competition, funded by MA retail w/ be held to program the ocean ave exterior wall wi/ an art feature, subject o the app’l of the plan bd.
Third Ave Pav
Already have Right to demolish pavilion under cafra permit
4th Ave Pav –
LLC’s offices in there / will make better looking, by 2012 w/ consolidate and reorganize max retail spac, MARetail whv the right ot demolish this bldg due to pre existing non conformance
5th Av Pav
See below from slides:
•Band Shell: Will be redesigned and cost estimated by the end of 2010.
–If the cost estimates to undertake the redesign are in excess of $600,000, MA Retail will have 30 months from Planning Board Approval to complete.
–If the cost estimate is below $600,000, MA Retail will have 18 months from Planning Board Approval to complete.

See ppt for add'l on 5th Pav
Sunset Ave Pav
w/likely be torn down/ at end of five yrs if mkt does not support the reconstruction of a prj at site the city w/ hv opton to pur property at fair mkt value. [Note: As per what year w/ value be fixed?]
Convention Hall – fire systems w/ be brought up to code, handrails for beach stairs/ per Plan Bd, before MA Retial can be granted a Cert of Completion on that project

Casino, power plan not included, economy made difficult, not feasible, peel back scope of agreement/ if buyer wants to dev and has money. Done wk on Casino house, activity there w/ continue. [NOTE: North end of boardwalk excluded from this agreement. Only goes to Green Space immediately north of Convention Hall. Hastie says North End plans expected to go ahead, deferred us to Reidy.]

Green Acre Parcels – agreement req the return of fee simple title to the green acre prop imprerly transferred and the restating of the 99 yr lease

Convention Hall and Casino easements/ the pub easements though the casino con hall arcades w/ be formalized/ 20 ft wide w/ follow three templates. See plan
They hav flex to do these three things, outside of that has to apply to city.
Arcade has to be open longer during warm months, etc
Bdwlk Redeveloper’s Agreement –
Encroachment –
Bandshell need add’l contruct on outside south of bdg, staircase, on side/ ramps to be renovated
Beach clubs – orig said pub has to be constructed first/ now...
•Beach clubs. "The existing requirement that a public beach club be constructed first will be changed. A private beach club, if constructed, will trigger an obligation to construct the public beach club within 18 months of the private beach club being finished. The existing splash park will satisfy the requirement of a kiddie pool under the existing agreement."

MA Retail has to contribute $250k per yr
Operator subsidy of between $100k and…
$150k w/ be avilabe to offset public safety
•"Operating subsidy of between $100,000 and $150,000 a year to cover increased costs of Boardwalk (policing, public safety and public health).
•Capital contribution of between $100,000 and $150,000 per year to undertake Boardwalk related capital projects at direction of City.
•MA Retail will be required to make annual payments to the City from the effective date of this Agreement until a certificate of completion for all Boardwalk Projects, including the Casino and Power Plant.
•$150,000 will be available to offset public safety and public health costs at the Boardwalk. Up to $50,000 of this money may, at the option of the City, be transferred to fund smaller capital projects undertaken at the direction of the City."
Menu items, new lifeguard facility…ADA compliant modular restroom facility on the 4th ave green space/ other capital projects on bdwlk to benfit city
City gets $150k a yr,
TR – if proj is a capital improvement, costs $100k, if turns out costs $120k, funded in 2010, in 2011 the am’t wd drop to $80k

See actual agreement for specific details. Copies available from Clerk.

Henderson here now – Sculpture tour ar’d town
Mayor – 2 events: 11 AM t’w Asbury Wks having info center for residents contractors interested in wkg on city projects, see below o this blog.
Sat 10 am reconvene Trnsprtion Subcommitte, rock garden under construction, art project

Items from executive – Contct between city and RUE and Frank Hurley—
TR – Happy Cinco de Mayo

Public Portion –
Andy Pawlin – ARTscap rep
Thank chmbr uez mmarq, council for con’td support/ arts in ap only enhances city culture and good for biz. Sculp Tour, SICA been conducting for lst 3 summers, major outdr sculptures all ar’d LB, posters, all up early may to late oct. this yr partnering w/ ArtsCAP, regional, local, nat’l artists, kick off this Sat. one site transportation building, green spc at cookman and main, kennedy park – furniture w/ grass and edible plants, major medal pieces Wesley lake, carousel, the gravel, MM offered them/ 2 on bdwk, one median strip second av by pony and 4th ave by median strip.
TR – manikin is interactive pc, artist shows up ea Sunday, put debris from beach, artists shows up and puts it on the maikin.
AP – metal lobster on langosta, two giant cloves of garlic on trinity and the pope.
Scultures may 7 – oct 18th, kick off 5- 7 saturady at Trinity and Pope/ $20 charge at dr/ hot and cold appetizers and signature drink/ open bar .
Joyce Stolaroff – last yr’s plan for retaining outdoor seating wk
rob lavinski – plan for reviatilzation of CBD, met hr and half w/ TR, very patient w/ us. My concern is that distruction – clear cutting – of every tree doesn’t make sense. Lks like a shopping mall not an historic district/ not easy to retain trees, not pass their prime, important canopy, don’t wnt cookie cutter plan, hometown in Newton, Mass, people make massive reconstruct w/out tearing down every tree/ more time effort and money, but keep as a cohesive community, don’t mk into a decisive issue. Not saying no trees come downl..pls tk time to mk it/ I’ll put up personal money…change w/ destroy char for many years to come… (applause)
Rita Marano – 808 Main St very quiet until this week/ how did we get that immigration place on main st., how did country
Mayor – center for immigration studies
Marano - How were we selected?
Mayor – guess hv to ask the organization/ they lk’d at LB, Freehold, AP large Hispanic populations, it was their own choice. We didn’t solicit/
Bruno – We didn’t solicit?
Mayor – No we didn’t
Marano - (?) told me he got letr from mayor and previous governor
Mayor – I did write a letter… I’m fully supportive of the services we need for significant part of our population they provide. Sort of if you decide to move into AP how do we tell u u can’t.
Marano – I’m going to show you the list of all the not-for-profits in this town. You’d be amazed…
Mayor – I know how many there are and how the list is going down.
Gregory Schwartz – Stone Pony, support the trees, willing personal resources / applause
Paul Calahan- 705 Grand Ave – lend voice to support trees, thought it was a joke, tearing down every tree in downtown w/ e horrible, horrible mistake, pls reconsider /applause/
Payroll Apr 1 to 15 - $1,319,000.

Special event applications – all app’d
Zoning bd open positions – 2/ planning bd 2 – open
RUE – spec events production and management - all yes
Ordinance – temp emerg approp///$4,680,000/ beach utility?, pkg utility $500,000 – all yes
Lewis Environmental – 3 contracts – all app’d
App to UEZNJ for assistance 2011 budget $103,200 – all yes
Handicapped ord w/ be heard next wek
Dogs on beach ordinance
George Kary – who w/ be liable if someone gets bit? Specified hours,
FRaffetto – owner respons
TReidy – just like a city street
GK – shd first do census of how many dogs in town/ sculptures I got a few on my front lawn from these dogs. Shd consider raising dog license fees/ more and more dogs u hv and doing business all over town. Property owner gotta clean it all up/ maybe should stop licenses for anymore dogs. Mr Bruno got bit by one. Allowing on bch and bdwlk jst contributing to situation.
FR – ordinance any and all Oct 1st thru April 30th
Discussion
John Loffredo – can’t disagree w/ what George says because you know where I stand, I got an email past week, saying we shd allow dogs all the time, but I hv to thnk that where are we going to go w/ this and what about the enforcement/ when I’m sitting in Stella Marina and two little dogs are peeing on bdwlk I don’t like that. Even the bicycles, but not going to raise that now/ has to come a pt where cops can’t handle it…hv to ask how we’re going to deal w/ all of it.
SH – Ocean Grove has it allowed same dates we have. Don’t blame the dogs, irresponsible owners, yes, but they should be charged fines. Raise license fee fine. Chk for licensing even in our own neighborhoods.
Mayor – in my never ending search for alternate revenue certainly agree hav to revisit licensing and attn getting fines, sure shd lk at that, proper enforcement/ came across some dog owners who wd’ve kept right on going / one town used crossing guards during off hrs, identify dogs and licenses, increased rev in their town 50%.
TR- mst dog owners pk up after their dogs, I hav 3 and pick up after them. That’s why we have dog stations [note – we need more of them.] really comes down to dogs going to dump when they need to dump, it’s up to people to pick it up.
Move to adopt – all yes.
Motion to Adjourn