Asbury Park City Council – July 20, 2011
City's Atty Presents Waterfront Arbitrator's findings -
Hostage property owners may get relief...
City Makes Housing Authority Audit Available on Request
The City's Audit Results
James Bruno, Mayor Ed Johnson, Kevin Sanders, Sue Henderson
Deputy Mayor John Loffredo is absent
Redevelopment litigation Atty James Aaron is present
City Atty Fred Raffetto (FR), also of the Aaron firm, present
Add to wk session audit, pos designate john kaplow as official city videographer, consultant for arbitration, there’s one more missed it
Exclusive Vodka reps here – to promote idea of city having its own vodka brand/ suffic enuf interest among consumers, profit center for city/ music history of city, beach presence of city possible themes. Proceeds from sales benefit municipal…no mic - combined promotion expanding pop of the drink and city as destination. A percentage goes to city? Yes, anybody have any questions? [ can’t hear whether said what %] one of ideas is absolute book, flavor, exclusive Asbury pk, something about flavors but he’s not on mic. [During break AR learned Apk theme proposed – or floated – by Exclusive was Asbury Park Salt Water Taffy Vodka. The percentage offered by the company for the use of the City's name is 0.50%, which might come to $6 or $12 on a case. FR said the City would counter with its own % of sales if it goes forward with any vendor.]
FR – licensing name of city for this type of vodka, under public contracts law, you’d hv to put out RFP to see if anyone wants to pitch a better deal to city/ go from there… w/ city’s app’l we can proceed.
Terry Reidy – if someone had a rum or wine wanted to do that wouldn’t compete with this Vodka, I'm just asking is that’s a q?
FR – rather unprecedented for a government entity, except for Brooklyn …certainly think cd go out in a broad sense and see if anyone interested in proposing/
TR – Can't be heard.
JB – that wd be $2 mn a year..[in response to some sidebar talk w/ TR]
[Rep talking now to mayor…can’t be heard, his back is to audience and he’s not on mic]…neutral spirit such as vodka, more cases of vodka being sold across, we hv other products, moscato wine,
KS or SH asks if they have anything nonalcoholic, as of now no, [I think he said] laughter, [inaudible]
Mayor - Next
Don Sammet – city redv dir and planner
Hazardous discharge site, accept $ from grants rec’d, resolutions allow formal acceptance of grants, remedial investigation/ preliminary assessments or intial assessments, atkins av to first ave. third resolution w/ …environtal svcs, grant req contracts to hv done/ fully grant funded no cost to city/
Mayor any q’s
Nope
Curfew ordinance – FR – proposed ord revise existing curfew for minors, copy of ord for Newark, relating to minors not being where s/be during school day/ realized what we had was more detailed and stringent than newark’s. lv in tact with insertion of 2 details from newark’s. thnk that’s route u shoud go, consider introducing tonight in reg session for adoption in aug, before school yr starts.
Mayor – talked aobut rewriting the book mk sure kids stay in schools, wkg w/ supt and school bd, neighbors in ocean and neptune, mirror ordinances/ if not in school w/ parent or guardian, businesses reminder s/not be serving minors during school day monetary fines against parents other violaters.,
Appr’d for introduction
TR – followup on outdoor café fees/
FR – names other communities whose info he consulted compare fees/
Mayor – like to leave be for now
Annual license fee $50 plus $2 /per sf of public space used/ Red Bank is $75 and freehold also/ LB is $50 annual fee/
JB – somebody has 30 table another has 5…
TR – bef 2012 we should revaluate it
Spec event applications – tom Gilmour, commerce dir
Nj friends of Clearwater – one day only Aug 20th, Sat.
Black Box anniversary vigil on 9/11 8 pm to 9 pm fireman’s park
JB – theiry not doing anything there are they garrett? [Giberson, fire dept]
Sierra club coastal cleanup 9/17
Latino festival 9/17 and 18, sunset park – comm. not review it at this time
Wedding app oct 9th, beach
Summer camp for kids – laura bruetti’s – mayor says fully funded it’s for ap kids, multiple dates
Family day at beach, 30th of? / beach surfer fdn’ – surfrider fdn’?
Movie on beach 1989 bat man movies…3rd av beach..
Wedding app 9/24
App lst mtg, salvation army/ music on bdwlk, oopen spc bet 4th and 5th av, brass band, 20 mins of music, expressions of faith and testimony for remaining time/ felt it was more approp under performer’s guidelines/
Items added to wksession
Fire ordinance – garrett giberson and FR/ was based on a toms river ordinance, followinginto tho GG contacted concerned inconsistent w/ fire code, pending ord be tabled until can review fire codes, now feel process is complete/ new ord cleans up certain provisions in prior version, inconsistencies been resolved/ false alarms from dwlellings/ is better product for you.
GG – allows multi fam and other bldgs other than single fam owner occupied, so others can assess penalties for those others…fire code didn’t allow prior. Mst false alarms com’l and multi dwelling units
\first time warning, second not less than 100 up to $5000 / false alarm cd mean not being maintained properly mst people wd then fix it
Jb – we know who they are/
sue H – how many sing fams have fire alarms
GG – a lot// penalties up to $5k – it’s a judgment call [as to how much to fine] depending on severity of brkdwn in alarm sys can be 24 hrs to repair/ lot of discussion…
w/ introduce revised version tonight
John Kaplow - don’t know the procedure
TR – explains, state what offer is
JK – I am not…ap…laughter, in city that has such large professional base, wd be... to its best/ to name jst one person as official videographer, but I’ve been tlkg to city about a public access channel for cable coverage, marvelous mech way to do that/ wd like to explain my bkgrnd and why I’d be apprp to do this/ wd like to see if is a concensus voiced as whether city like to do that/ certainly lot of publ access stations, so not a new activity, can oper to everyone’s benefit/ handled by design upfront, not by objections later to counter functions…
Jb – who wd provide verizon, cable or both?
JK – I hv asked to be app’td to hd a citizens advisory bd and like to tlk to city mgr about franchising fees, Verizon/ cable as well as other options, city’s option to franchise, equipment, channel, spkg to Supt Lowe at Bd of Ed also to faciliatate that/ aware mst of those efforts are to faciliatate dove tail to bld a …model he uses combine munic and bd of ed/ obv more difficult, ltd resources / told cm w/out such appt I’m reluctant to spend time and resources and someone might come in and supercede him and he wd've wasted his time and resources.
Mayor – I’m def in favor of the idea, bdcasting is afld.l.???.that’s my interest / so you’re lkg to be in chg of this?
JK – yes, bd of ed has said we need to know you’re official…
SH – obv costs involved, but like fred to lk into this/ pay them and get access
FR – also off mic, we’d hav to lk into….?
JK – cd do….at no cost to city
Mayor -- lets start this proc w/ the deputy major right away. – DEP mayor not present
Judge __? has issued arbitrator’s opinion …atty jim aaron advises city of the decision
JA – arb who wz assigned by judge Lawson to arb disput brought bef Lawson, if apartners …arb did find faults on behalf of developers and he arrived at list of defaults same as we argued bef judge, failure to dev properties apartners bought in terms of blks/ why did we go thru exercise?
From our perspective in dlg w/ apartners send of frustration over full yr/ arb didn’t giv u a home run but bal equities on both side in much btr pos before arb bd than in 2010/ say for sev’l reasons:
When read dec of judge politane – action to compel apartners to being project townhouse proj blk 146 kingsley and Asbury / timeframes def for design, perm construction and sale, under judge order dev sought and given right to dev blk/lot 132, which is old charms bldg blk, corner Monroe and cookman, dev same lines of dev. Procedure starts when 50% sale of first project/ from there dev to dev 130, 130A and 144, may require plan amendments based on what city wnts dev there and what partners wnt dev there, in this dec judge says if can’t get together on plan amendments in 6 mos you come back bef me and I’ll decide/
Other benefits #1 last yr apartners saying didn’t want to perform infrastructure obligations, arb didn’t obviate the obligations, but asked city to find funds to help offset some of cost for developers/
Third – uncertainty as to what dev d /w hostages, mostly or fully acquired properties, arb said you’ve got a yr to tell us what u want, so y hv finally a timeframe/ Lots 193, 206, 219, all north of conv hall, bordering on kingsley and ocean
Was it costly and time consuming – ans objectively and subjectively yes
Now can hv dialogue w/ property owners either devlopers has to take the prop or face never being able to tk them/ \
Now mst Deal w/ amendments to plan, can’t bld 20 story bdlgs anymore anyway - can’t get financing
Did we get everything? did we get to 2nd and 3rd, I’d say lot of wk, City is ready w/ waterfront advisory comm., tech rev comm. w/ now be involved.
Mayor – hostages one yr from now w be freed one way or another. Argument that nobody’s dev in this economny doesn’t hold water, redev com wkg together to mk a 2001 plan into 2011 and 2020 plan/ certain things worth fighting for, delay tactics w/ not be tolerated/ vision for 2020, yes it’s a happy day, I like homruns but also like..inaudible.
TR- City independt audit rec’d from dave Kaplan/ certify that you’ve freviewed at least the comments of the auditor, tha’t purpose of that resolution/
JB – can we get recommendations broken down first? Doesn’t go into detail on what generated recommendations/
TR - 4 some had to do w/ ? controls? Better controls
JB – nothing serious
TR – no – next step meet w/ council/ action plan for few recommedations in there/ let me know if more detail re’td
FR – one add’l matter to be presented, no action w/ be taken on exec session
But njsa – housing authority investigation/ members were re’td by couneil to be here to night to discuss charges hld…under exec agenda/ as city atty sent letr to hg auth atty on jun 13th, also city mgr letr to incdivid members of auth. Atty for auth since members hv’t accepted audit therfor none wd attend tonight/ hsg auth not mkg audit report pub until accepted by them, antic by mond eveing next wk / city has auth to remove members of auth/ that report w/ be made avail to pub if city rec’ves req under FOIA. [that’s a 10/4]
SH – iStar’s presentation and mmarquette’s presentation, considering corrisfors on cookman av/ comm. realizes too many mtgs on southside, not gone north of CH, thenw/ move on to all the way to end of bdwlk in north and w/ invite public in, erd or 4th wk of august, w/ let joe know so he can mk it official
Jb – Asbury tower and ? you guys are wkg on that?
TR – also wkg on services to residents of tower and…
JB – qus to TR inaudible
TR – exactly
\JB – more of same/ inaud.
Mayor – thank everyone made lst Saturday possible/ AP Field day, espec Aleisha who is not here today/ make one halthy chg in life, exercise or diet, mental phys, nutrition/ cpl hundred people in bech activites, volley ball, massage etc on bdwk.
Pkg unfinished on bangs, owner in default, bank owns
Mayor at min can they cln up
TR – just foreclosed on by bank so …
Mayor – atm machine?
TR – missed ans.
Mayor – as part of emrg preparedness plan, can we hv PA sys runs length of beach / for event then thought, how wd we clr the area/ communi /in case of god forbid disaster/
JB – no offense, I’ve been saying this for how long and people lk at me like nuts/ used to be one or two bk in day/
Mayor – we’ve been awfully lucky when I saw what happened in places like japan, terrible loss of life but not as bad as cd’ve been becz prepared.
TR – nods
TR’s report – q’s re crushing mat’l on springwood av/ go thru ea succinct way. Issue raised as to whether crushing mat’l was illegal operation was there a fine by dep?
ANS – purpose was to grind it and reuse it, rather than hv it shipped out and pay to tk away then buy material to bring in/ also a longer oper, 6 – 9 mos longer to do job/ mor dangerous/ more noise
Trks transporting mat’l w/in city…95% of mat’l crushed was from and for AP/ envi co was onbd to eval safety of mat’l bef reused/ bef proj started at preconstruction mtgDOT guidelines/ What is req’d procedure for trkg? Dumping fees for trks… was this illegal dumping? No howver when city asked lucas to bring add’l concrete to mix there wa add’l permit req’d which wasn’t. DEP violation. He reads def of illegal dumping – not applicable here. Decibel rating not able to get ans on that. Did springwd av start w/out the permit, yes. DEP said don’t know longterm effects of exposure to the mat’l. Officer Rein wrote tickets, no one called pol to hv summonses dismissed/ some supporting documentation available …12 loads of mat’l brought to springwood av, from sea bright Holmdel and Neptune / it was concrete, lucas says didn’t get violation yet/
Adjourn – resume 7:45
Public Portion –
Recognition of the police explorers – 14 – 17 no criminal record, at least C avg in school/ shelter from negative influences…crowd control, traffic posts, survelliance of motor vehicles. In conjunction with the police dpt. 2 reps of eagle scouts, present charter to post 187 and Patrol officer Jessie Dovila, who was once member of 187 before becoming policewoman/ 13th law enforcement post in mon cty/ share/w/ other posts, grow in experience w/ others/ good luckin your exploring adventure/
Mayor hoping both news orgs onight w/ have large photo of the explorers.
Public Comment – 3 mins one time around
Steve Wider 602 5th av
Saw you mr mayor on bdwlk if you’d blt affordable units in city but u said no rm to bld, but second blk from ocean for wkfrc cd/ but u say only rich people can live on oceanfront/ u said landlords s/ fix their bldgs, one is here so u can discuss w/ him right now/ but that’s not same as rent control w/ we still need/ trouble w/ loud neighbor not getting action from policie dept/ ended up in hosp from sleep deprivation
Bring the soldiers home peace bill/ if mayors and ogvernors sign on maybe fed’l gov w/ act on it sooner/
Ria Marano-
That little speech he gave was that $250k worth? I’d expect a home run for that not 2nd or 3rd base/ was that on bill resolution tonith?
TR – yes/ beach revenue and pkg about $60k/wk
RM – was $4k motor for car was that your carTR – I don’t know
RM -Arb on
TR – entire waterfront and pkg lots are included in arb awards
Joyce Grant – come to my atten again, poorer residents are waiting to go on beach after lifegds are gone, terribly dangerous/ socio economic demographics for ap, African American 62.1% Hispanic pop grew by 72% since…, higher prop of one parent hsholds, per cap income half of cty or state/ 1/5th of pop is under 10 yrs of age/ in light of this, it wd appr mny families in ap , inspit of under 12 being free and seniors discounted, cannot pay for bch in this area/ hope this would be
Mayor – it is being addressed, as u know under 12 fee on bch/ mayor’s ball and out of my own pocket $200 be/z wnt beach supervision, so give the adults money to be there
Bill Sprattly – called city for ambulance, told no private ambulance svc here/ few wks ago got a bill/ what’s the big deal them sending me a bill?
TR – one of issue we faced to bal budget as residents if u can submit it to insuarance otherwise we don’t go after it/ if liv in city we can mk that distinction between residents and nonresidents/
George Kary – when mr aaron talking – who’s the captive? Am I is Adriatic everyone in redev zone
TR people who own own prop liv under redev plan/ so Adriatic is a good ex. Other prop / master dev has right under existing agreement/ that’s def of hostage/
GK – so if I don’t hear from them in a year I’m off the hook?
TR – anyone on watfront perop hasn’t been taken is under threat of em domain unless a partners said not going to take I wd define as hostage/
GK – if they send me a letter and I say no thanks, we’re right back where we started/
TR – apartners – there was no deadline bef/ jst out there waiting and waiting/ yr started yesterday wh this arb / but juge also put deadline on it/
GK – that’s what I mean doesn’t that get them off the hook?
TR – I’ll follow up w/ you
GK – sounds like a foul ball to me
Frank – event stop the violende at 2nd Baptist on Atkins Av, wnt find solutions…west side citizens united, other orgs, Asbury and Neptune together / 6 pm
Northside of springwd av lights out bet borden and springwd av/ like to hank for p9lice presence on bikes today.
Myra Campbell – dep defines illegal dumping manmade mat’ls contret brik and asphalt/ day after last council mtg was violation served on lucas / don’t let Katrina happen on west side due to pop over there/ q re flooding don’t know if it’s intensity of rain or sreets not bein repaired on west side/ not plsed w/ answers/ see that press gets answers and lks into them instead of jus printing them/ I don’t hv health or dental but som of u hav option of two polans/
Mayor – no Katrina response in this city, we will reach out to every citizen…I had same q about flooding coming from LB flooding everywhere, system water being ejected out of system/ so intensity of rain/ more coming this way I understand/ health benefits were answered and w/ repat, when I started I took it because had none elswewhere/ I wk at brookdale college it’s a cty based tax too I put in 40 hrs a wek and money out of pocket, go to league of municipalities to lrn about health initiatives I pay my own way/ time w/ dpw in 13 cities throughout nj/ city does cover me and my partner for health insur, I think compensation well deserved/ as we begin to budget I may hv to choose a different plan/ we wk very hrd for this city/ not like dan fr tricity he laughed about it, I know u wk harder than that/
SHenderson – I don’t take it
RMarano – But you take the money
Mayor – gaveling I tell u same thing every week / you’re not going to shout out
TR – blacktopping completion is sept – so w/ be finished w/in that timeframe/ flooding – all of this infrastructure is bein done under new DEP guidelines, valuts water runs thru, solids drop out to prevent them from floating in lakes/ but w/ intensity of rain laely that chamber can back up/ so lkg at way to redesign mkg larger/ on eis at end of avenue a/ need another catch basin down there/ more rain, more water down there/
Denise Richards –
Need to know also, what w/ happen between curb and sidewalk, ar they coming bk w/ topsoil?
TR – I met w/ them yesterday on that new sched coming out next wek w/ address to end of project
Gerry scarano – thnks for brining up mary johnson’s passing – she was a good activist
Affordable hsg important puts more hsg stk in to use/ lst wek news tlkg aobut extroadinary aid/ concerned about debt service I think $2.2mn a year in debt service/ do you hav any plans to cut the debt service are u lkg at rat3ables/
Mayor – lkg at everything
GS – thank u a slap in face when employees and officials take the insurance…
Angelino – AP
Illegal cab companies come into town solicit and drive ar’d can’t do anything
TR – we had brf conversation about this last wek, we spk w/ police / think certain companies not licensed in AP/ unless licensed can’t cruise ar’d, pol have been alerted about and legitmate complaint if you’re licensed by city u hv right…if any ideas how to assist pol in catching these guys, thnk it’s going to tk that kind of cooperation.
End of public portion
Council business – minutes approved
Payroll resolution
Quality claims – one case $1, 340,000. 27 cases...
Extension of Rafferty’s liquor license into new restaurant BACA/
Appts – holding off on finance officer
Resolution cash drawer of $250 for tax collector
Scott air packs, Greenville nj
Extend 3rd qtr tax liens –
All yes for above
Hazardous discharge/ $10K+
Hrg on false alarms Sept 7th
Aug 3rd hrg on curfew for minors
All yes all above
Leasing capital eq’t carried to aug 3rd
Contractors for Bids rca project Monroe – yes
Ridge av - yes
Adjourned
- The Voice of Asbury Park ~ matters vital to justice, environment, equality, culture and pursuit of happiness.
Showing posts with label asbury partners. Show all posts
Showing posts with label asbury partners. Show all posts
Wednesday, July 20, 2011
Thursday, February 17, 2011
City Presents Strong Argument for Waterfront Rights
The Bon Mots Flew Over Freehold Today
The City's attorneys Jimmy Aaron and Bill Northgrave, of Amsel Aaron & Grimm, presented the City's case before Judge Lawrence Lawson today, for why it should withdraw the waterfront redevelopment rights from Asbury Partners, the master developer that has been replaced by its lender, iStar Financial.
Aaron was in top form as he waxed lyrical at times poetic. He painted the judge a portrait of a cleared landscape from Deal Lake Drive south to Kingsley and Ocean Avenue, having been fully acquired by Asbury Partners, including the second, third, and fourth blocks, too, yet none of it developed -- with the exception of the three fast track subdevelopers and the Wonder Bar and the Stony Pony. There had been no "ground up" development since, despite a deadline of 12 months, according to the agreement, to develop or find a subsequent redeveloper. Several times the team of Northgrave and Aaron stated that Asbury Partners had failed to perform. In referring to the replacement of iStar a lender, Aaron noted, "So all efforts of Wall Street come to Main Street have failed." Yet, he pointed out, redevelopment directed by the City -- without the master developer -- in the downtown and West Side is "flourishing".
Aaron acknowledged the impact of the 2008 economic crisis on access to capital, timing the market, etc. But the economy is not included among the events in the force majure section of the redeveloper agreement between Asbury Partners and the City. So the City was asking the judge to refuse the Partners' request to have an arbitration hearing and return the development rights to the City. The arbitration would mean, if the Partners were found to be at fault, as the judge pointed out a six month period before they or a subdeveloper would have to begin construction.
The Salvation Army building was mentioned several times and Teischer an owner was present in the courtroom. Aaron said the building's value in 2004 was $5 million but had dropped to $1 million while languishing under the Partner's right to acquire the site and to deny the owners the right to develop it. He ticked off several sites the Partners could have acquired, but haven't - the Karpinski's property, Asbury Lanes, the two Sewell houses, noting that one is owned by a 95 year-old woman ( Aunt Angie, immortalized by her niece's documentary, "Greetings from Asbury Park" by Christina Eliopoulus'). All this while the Partners have "Created illusions of fact," said Aaron.
Yet, "like the fable of the Emperor's New Clothes", Aaron said the Partners failed to give any financials or any proof of a plan to do this.
The City stopped actions by a developer to who wanted to develop property he owned in the zone, said Aaron, referring to Vince Gifford, in order to accommodate Asbury Partners. But the Partners have failed to take Gifford's properties under eminent domain, consequently tying them and the City up in limbo. "If they have the money and the resources," asked Aaron, "Where have they been?"
According to the presentation by Aaron and Northgrave, the Partners received $16 million from Paramount Homes, Metro Homes and Charles Kushner. If the City gets its development rights back that won't prevent the Partners (iStar) from developing the acres it will retain ownership to.
"The City's grand experiment to try to get redevelopment on the waterfront is failing," said Aaron, because there aren't more taxpayers on line, visitors drive by vacant buildings, and worst yet, the Partners are tearing down ratables the city could be collecting taxes on. "Asbury Partners has refused to go forward with the agreement and admitted it can't go forward." On the other hand, Asbury Park has to move forward because it's losing its aid from the federal and state government. "If iStar is not part of the solution," he said, "it is part of the problem."
Arguing for Asbury Partners (iStar), Gage Andretta of Wolff & Samson, of West Orange and NYCity, argued that the City needs a master developer, to which the City's director of redevelopment, Don Sammet shook his head in the negative, that they've hired a planner to move forward on an unidentified site in the development area and that they have a right to go to arbitration. At the end of the arbitration period then the Partners can decide if they want to cure the situation, said Andretta.
At this Judge Lawson questioned Andretta about his reference to a cure and why he would go to arbitration, but it was difficult to hear. The judge explained the City was afraid of ending up in a protracted suspended development, as happened with developer Joseph Carabetta. At times it seemed Andretta was trying to rid iStar of the burden of finishing the the other half of the infrastructure work. He also said, "You can't prove that's what we've tried to do," which I believe referred to accusations that they're trying to stall until the markets come back. But it sounded confrontational.
Judge Lawson said that 180 days would amount to six months, taking them to September, end of the building season, and if there's another cold early winter..."So you're saying you won't make a determination unless...," then it was inaudible again.
"We intend to cure," said Andretta.
"The road to purgatory is paved with good intentions," said Aaron.
Judge Lawson ended the meeting saying that he would reserve his decision until he's gone over the statements and written his opinion.
In the audience were Mayor Ed Johnson, Deputy Mayor John Loffredo, Asbury residents James Henry and Joyce Grant of the Oceanfront Preservation Coalition, the City's other attorneys Glenn Scotland, Tom Hastie and Fred Raffetto.
All for now...
Wednesday, February 9, 2011
Asbury Park Confronts iStar Financial in Court February 17th
The successor to Asbury Partners, a group of investors that included at various times MD Sass, a NY-based private investment bank, Cherokee, a brownfields investor that ran aground of the US Environmental Protection Agency, tax lien investors Larry and Glenn Fishman and others, iStar Financial will meet with Asbury Park in Judge Lawrence Lawson's court, in Freehold, on February 17th.
The City claims iStar, which assumed all shares of Asbury Partners after that entity defaulted in loans from iStar that it values at $70M, defaulted on its obligations as master developer under the Waterfront Redevelopment Agreement the Partners' signed with the City in 2002. The City's position asserts it is entitled to withdraw iStar's redevelopment rights and sell them to developers.
See also on this site iStar's written reponse to the City and the City's resolution for a citizens advisory board for amending the waterfront redevelopment plan.
The City claims iStar, which assumed all shares of Asbury Partners after that entity defaulted in loans from iStar that it values at $70M, defaulted on its obligations as master developer under the Waterfront Redevelopment Agreement the Partners' signed with the City in 2002. The City's position asserts it is entitled to withdraw iStar's redevelopment rights and sell them to developers.
See also on this site iStar's written reponse to the City and the City's resolution for a citizens advisory board for amending the waterfront redevelopment plan.
Wednesday, February 2, 2011
City Gathers Waterfront Advisory Committee from Public
Welcome to the Reporters' Notebook - clarifications, additions, etc., all welcome, since I simply take down everything as fast as my hands will move over the keys... AsburyRadio@aol.com
Council Meeting Feb 2, 2011
Susan Henderson, Dep Mayor John Loffredo, Mayor Ed Johnson, Kevin Sanders, Absent from council: Former Deputy Mayor James Bruno,
Clerk Steve Kay presiding
Workshop - This session is open to the public, but the public cannot comment.
Brian Grant – Public Works Dir and City Engineer
Shd’ve done this months ago…Monmouth County …
Roads selected mainly based on their connections to other highways, etc., tried not to overdo…intent to intro ord designating streets as snow routes/ sunset ave to bridge, main st. including deal lake drive/ portion of is state Hiway 71/ entire length of third ave, Asbury av, kingsley st to deal lake dr, lake av and springwood ave from grand ave to city border…(missed one pairing) / common practice in other towns to implement no pkg when snow covered, consistent w/ no pkg st clng. Think if we were to do that hv to hav gd resident notification svc/ can put a sign up but also hv on webb site to say whether really enforcing it/ nothing more disconcerting to resident that mov car and then not sohow up / that’s the pc havn’t seen elsewhere, baby steps first snow routes and then others when need to…
JL- why not do all the way…
BG – east of main st also be designated snow route, coastal evacuation routes, Monmouth cty consistent with cty coastal routes for emergency/
EJ – in case of snow…
BG- snow routes wd be both sides vacate in snow
EJ – where do I put my car?
BG-Idea was to hav jst on these streets/ jst those mst likely to get used in emergency/ park on adjacent streets/
SH – hard to get to church lots
BG – still lkg at the lot solutions/ complicated w/ who owns the lot, dif elements to it
EJ – also going to include the next level? After the snow when cars still not dug out since Dec. cars double pk’d next to cars not dug out/
BG – needs to be the next step, havn’t discussed that…if no muni ord we’ll hv to address that…
EJ – at some pt if we des these sts as emergency we’re going to hv to …
BG – somr ordinances that do allow that…
Next item – adv for proposal for next gen of pkg meters/ need to mv ahead probably 30 day time frame/ from key features, cd buy annual code to speed processing along, meters we’ve seen instructions on screen, pay via cell phone/ also can sell beach badges at meter/ hv draft, adv next wk, get features back, don’t hv financing yet/
EJ – one of issues had, use of credit card, our mach has to contact another machine, sys that jst deal w/ your info captures it and deals w/ later…
BG – realtime trans, advantage is if card is bad or stolen u know right away, what you mentioned is a matching sys, does hv some exposure for city/ we’re going to tk that risk, won’t get a very hi percentage for the risk/ we’re trying…
EJ – been in sev’l areas where coin machine…
BG – conversation we’d need to hv w/ Madison Marquette
Section on dewitt ave…can’t hear, off mic/ tried to get in storm drain damage, not draining fast enough, intersection of mattison// lot of potholes out there
Whenever we get a window try get storm drains in, step 2, dewitt ave to…can’t hear
James Famularo – for city to host Urban HS Wrestling championship
He distributes some photo or diagram to council, public can’t see, spans sev’l decades / what is beneath the ground in terms of contamination/ tank removal $2,000
Special Event Apps
Tom Gilmour –
Sweet 16 party, mc cloone’s supper club on bch firewks/ beach fee and fire inspection/ 3/19
Community dev dept, senior party at transportation center
Need city date for fund raiser for Jason fazio, paramount theater,
Little League annual brkfst at Thurgood Marshal School
Blood Drive fire house 9 – 2
City mgr Terry Reidy regarding court hearing on Feb 17th 11 am: city sent letr terminating its agreement w/ iStar AKA Asbury partners/ 2 resolutions tonight: Request for qualifications and statements of interest from developers.
I can tell u numerous developers interested in investing in variety of areas, springwood down to waterfront. Governing body w/ be passing res getting interest from dev and formalize process from dev who hv expressed interest.
Second resolution provides for residents and gov body to establish a "Waterfront Asbury Advisory Comm.", drawn from residents, businesses thruout city, a step on part of gov body invite commun to revisit redev plan/ we’ve been wkg on a plan amendment/ it’s clr the wld of 2002 was very dif from the one of 2011, in real estate mkts, the economy, and what we’ve learned in that time/ w/ be seeking adv comm to help us w/ that / 2 members of council, one w/ serve as chair //
According to the resolution:
the committee will include a rep of Asbury Partners as designated by Asbury Partners (iStar Financial)
A rep of Madison Asbury Retail LLC as designted by same
Two reps of property owners within Waterfront Redev Area as designated by the mayor and city council
Two reps of business owners or proprietors w/in WRA as deisngated by the mayor and council
One rep of the city Urban Enterprise Program as designated by the UEZ Committee;
The City Manager or his designee
The City's director of planning and redevelopment
A state rep as nominated by the Dept of Community Affairs
Two council members, one of whom will be chair person
A rep of the City Planning Board
A rep of the City Sustainability Comm
At least two reps who are residents of the city of AP and do not represent property or business owners w/in the Prime Renewal Area of the WRA
Other members will be invited from various county and state institutions.
Applications will be taken right away, forms w/ Clerk Steven Kay, and selections will be decided by the governing body.
SH – lkg forward to little league bkfst, on Feb 16th high school w/ learn about meetings at 6 and 7 clock mtg/
EJ – add my voice to the LL bkfst, very good…
TReidy – my niece Rachel’s 16th birthday
City Attorney Fred Raffetto – action tonite also issuance svc liquor license coral bay enterprises, DBA Synapsis.
PUBLIC PORTION
PUBLIC COMMENT
James henry 6th av
Last cpl mtgs I attended lot of people complaining about snow removal here in ap and since..dec. pub wks dept been out there cutting bk the snow piles on curbs, side streets, time people in this city started doing for themselves, how many cars sitting there not dug out when are they going to be ticketed and towed? Cooperation from city…people not dug out yet, stays overnight and doesn’t get ticketed. Not Miami where it doesn’t snow, people hv to do some of the wk for themselves/ prevent PWD from doing their job.
TR – been thru 3 snowstorms, they w/ be coop
Bernard Corbin – allan chapel church, dewitt av
Got a problem recently dropped load of mat’ls / can’t understand why dropped load in front of our church(distributes photos to council) Mr Mayor it’s disgraceful.
TR – don’t know if u were here for brian gran’t statements
BC- I understand but brought 2 more loads, hindering our coming out of our church. Got report going to do it in the morning. Know winter months coming in, mud and potholes absolutely ridiculous/ mr mayor, city mgr we press now that something be done if not t’w immediately…
TR – it was a mistake, crew respons reported to us, as mr grant said lst mtg they said line was connected and it wasn’t really, no excuse for it.
BC – this time of yr and way economy is kind of suffering, need congregation to pay our bills, can’t if members can’t come. When rains can’t get into church. Jst like a business,…in community over 80 yrs, to be treated like this
[ASK IF MEMBERS W/ BE SWORN TO SECRECY – Members of the new Waterfront Redevelopment Advisory Committee will be asked to keep certain aspects of the committee’s deliberations from the public, explained Mayor Johnson, after the meeting adjourned. Just like the Springwood Avenue committee kept certain elements confidential during the process. However, Asbury Radio asked if this committee will operate as the budget advisory committee did, which was sworn to refrain from budget comments during the current year’s deliberations, even as the committee was prevented from seeing the current budget, but instead relegated to the previous year’s budget for “training purposes”. The Mayor assured that this committee will not duplicate that situation.]
Rita Marano –
Heard city officer got hurt putting up ring and got injured and now out on disability…Is that true?
Audience member : was not I put that up myself
EJ – can’t answ from the audience hav to come to mic
RM – 20 yr old men using it? Thought it was for children
TR – hvg men of all ages, women, boys, only reinforces that it is for community
JF – They hav a police officer as part of the PAL
RM – on duty?
Chief Kinmon – that’s his job, to participate
RM – w/ all we’re reading about gangs
TR – I’m glad you said that because that is exactly why this is needed/ where our police officers shd be, multiple goals and role models / best way to prevent young getting into gangs is hvg positive role models, involvement w/ community/ more time spent pos role models w/ young men and women and children/ one child prevented from going into crime money well spent/
RM – Money?
JF – interfaith neighbors, community initiatives,
TR – No tax dollars
RM – I called him but he never calls back
Carl Simms – life long member of AP, that 21 yr old u may hv seen in ring was once one of those kids who boxed in that gym we had on bdwk, that kid could’ve been one of the ones you tlk about being in those gangs/ I helped turn a different way…because of those sports, pop warner, uaa football, I’m the security in that gym/ I don’t limit or restrict who comes to the gym, I want the gangs in the gym/ let them ccome and harass me for a cpl of hours/ if you’re arthritis…come to the gym, it’s for everyone/ the pol officers w/ some of their pot bellies need to come to the gym/ you’ve seen some of officers box on msg, that’s what trying…tlk about each other w/ the donuts they eat/ I’m sp[kg w/ an employee of PSE&G to get more funding for the gym
Myra Campbell – mattison av
Thought I’d get a call from some of you council members after the football game when steelers won [laughter]
Street signs for snow distributed randomly, not strategically/
Got sev’l copies of WSide redev plan, want one at WSCC/
Lst wk said standing here w/ wet socks/ same tonight, flooding there, right across from Allan chapel church/ don’t understand why water still standing there/ Brian Grant didn’t stay for public comment last meeting/ john loffredo came w/ me one day, I said john lk at the tore up 1/3 of the street/ lk at that/ put 2 drains at end of street, now all kinds of debris going down there/
TR – as told members of allan chapel I w/ personally go out there and see what’s going on.
Duane Small – contractor
Lately in paper seen lot about gangs and gang activities/ I wnt to compliment you Johnson on what you said about jobs, ar’d here 16 yr old at 2 oclock in morning, when it comes to wk it shd be done by us or not at all. We know we can’t do it all, every chance the newspaper puts us down in Asbury…I know why ms marano concerned becaz it’s our economy and tax dollars/ but if we don’t get jobs, u see what’s goind on in Egypt don’t thnk cdn’t come here/ we hv to wk w/ our youth, Don’t be scared of them/ they w/ respect you too when see u respect them
Andrea Harbison – AP sustainability comm.. Reads letter from…
North beach area favorite, only spot left that still reserves open space/ plans for development in north end encroaches on green acres land, violates coastal rules.. while city reviewing dev s/ consider preserving this land and not developing on this land. Likelihood of flooding, imprudent financially/ city proven itself leader in development enhancing w/
Glenn and Debbie Carson, Medford NJ
Gerry Scarano – L Branch
Snow removal, hvg locals shovel hydrants, RBnk asked residents to do, we shd do so here/ People first impression for First Sat shdn’t be piles of snow for cookman av., put on facebook that we’ll be there for pancake brkfst Sat get few 100 instead of the usual 80 or so.
Denise Richards, Ridge Av
Problem with streets going on cpl months, understanding was bef Lucas left for winter break there wd be nothing left to cause problems, there is a backho across from church parked atop a huge deep hole, why, why wd anyone leave that w/ kids in the area/ something is wrong, they can’t do that. The pile of tar in the middle of the steet. Enough w/ the pacifying, someone has the feeling we’re trying to get brian grant fired that’s not my purpose, rather to get something done. See that it’s done
Holly House – for 3 days city truck knocked a power line…instead of fixing it, they hit a gas main. People going to school making a better life for themselves. Decent plc for all the tenants/ I hv a bill here I hv to pay becz the city knocked a pole/ mayor Johnson and mr reidy came by…all I’m asking is for you to do the right thing. I shouldn’t hv to pay, my insur co shdn’t hv to pay anything. My insur w/ go up and yours will stay where it is.
EJ – how much is bill?
HH - $3477. I call down here and everyone’s in a meeting/ what u doing, donuts and coffee?
TR – city trk hit a Verizon Line, by Holly House, Verizon line was too low, pole of JS
P&L fell down, wasn’tour fault/ JCP&L tk 3 days to fix it not city/ took 3 days not 3 hours/ Ms Winkler Description if perfectly accurate/ city wk’d w/ red cross, human svcs wk’d w/ citizens so had food and shelter/ No one said Ms. Winters has to pay this bill/ BTW, this pole had 3 transformers on it/ Tk 7 or 8 transformers to find the right ones. In add’n to hitting gas line was a disaster/ HR staff there right through. Not mkg light of anything terr res put out of apts at this time/ Terrible situation, / cpl things about the bill, I said the city is not going to pay this bill/ Verizon, JCP&L are part of this, I faxed bill to them/ is city part of solution absolutely, their wire that started it/ I’m not going to submit a bill of $3477 to be paid by the residents of this city. So that’s where we are other entities need to be funding this. We did not delay the solution of this.
Diane…Citgo station –
Station been there 40 yrs/ five yrs ago had to pull tanks out contamination, dep monitoring property/ u rec’d notice, trying to hv station shut down/ asking city council if this can be put on hold, not beneficial to close it down now/ we’re hearing asking consideration/
TR – lot of bkgrnd to this case/ lot more than can go into this moment. My understanding is this case was bef muni crt, then superior crt and back again to muni crt/ u hv main stt redev plan that doesn’t allow for this use/ it was pre existing, but also non conforming, dep req’d taken out/ use was abandoned/ tk tanks out x # yrs ago. These are issues of legal interpretation/ not council dec. it’s in the crt / if this was a pre existing non conforming us then … Right now gov body can’t mk a dtermination becz in the crts
Pam James – lifelong res AP
One of residents of Holly House / thankful didn’t get burned up or blown up/ why on Sat nite when figured out cdn’t do anything why did everyone lv/ sign on dr, if need something come to APHS. Police were patrolling but soon everyone left the house was left exposed. Mgr of house was told to get her own security. Ho9w she going to pay for that and we didn’t do anything wrong.
End of public portion –
Approval of minutes –
Bill resolutions app’d
Quality Claims – lawsuits…
Raffle Licenses Red Cross – 2 app’d
Resolutions –
Muni open space for Springwood Av pk - All yes
Over payment of taxes, 633 Cookman Ave – all Yes
Auth city to execute whole…righ of entry Monb cty mosq commission
Auth discharge of mot 1224 washington av, and a second address
Of ap waterfront redev advisory committee
Publication of disseminate statements of interest from dev in waterfront area
Issuance serv charges against synaxis – all yes
Req for proposals for pkg meters – all yes
Famularo accepting prop from env alliance assessment Bangs av middle school
Introduction – March 2, estab new reg gov extent bixz entity can mk conributions during public contracts, pay to play reform – all yes
Adjourn
Council Meeting Feb 2, 2011
Susan Henderson, Dep Mayor John Loffredo, Mayor Ed Johnson, Kevin Sanders, Absent from council: Former Deputy Mayor James Bruno,
Clerk Steve Kay presiding
Workshop - This session is open to the public, but the public cannot comment.
Brian Grant – Public Works Dir and City Engineer
Shd’ve done this months ago…Monmouth County …
Roads selected mainly based on their connections to other highways, etc., tried not to overdo…intent to intro ord designating streets as snow routes/ sunset ave to bridge, main st. including deal lake drive/ portion of is state Hiway 71/ entire length of third ave, Asbury av, kingsley st to deal lake dr, lake av and springwood ave from grand ave to city border…(missed one pairing) / common practice in other towns to implement no pkg when snow covered, consistent w/ no pkg st clng. Think if we were to do that hv to hav gd resident notification svc/ can put a sign up but also hv on webb site to say whether really enforcing it/ nothing more disconcerting to resident that mov car and then not sohow up / that’s the pc havn’t seen elsewhere, baby steps first snow routes and then others when need to…
JL- why not do all the way…
BG – east of main st also be designated snow route, coastal evacuation routes, Monmouth cty consistent with cty coastal routes for emergency/
EJ – in case of snow…
BG- snow routes wd be both sides vacate in snow
EJ – where do I put my car?
BG-Idea was to hav jst on these streets/ jst those mst likely to get used in emergency/ park on adjacent streets/
SH – hard to get to church lots
BG – still lkg at the lot solutions/ complicated w/ who owns the lot, dif elements to it
EJ – also going to include the next level? After the snow when cars still not dug out since Dec. cars double pk’d next to cars not dug out/
BG – needs to be the next step, havn’t discussed that…if no muni ord we’ll hv to address that…
EJ – at some pt if we des these sts as emergency we’re going to hv to …
BG – somr ordinances that do allow that…
Next item – adv for proposal for next gen of pkg meters/ need to mv ahead probably 30 day time frame/ from key features, cd buy annual code to speed processing along, meters we’ve seen instructions on screen, pay via cell phone/ also can sell beach badges at meter/ hv draft, adv next wk, get features back, don’t hv financing yet/
EJ – one of issues had, use of credit card, our mach has to contact another machine, sys that jst deal w/ your info captures it and deals w/ later…
BG – realtime trans, advantage is if card is bad or stolen u know right away, what you mentioned is a matching sys, does hv some exposure for city/ we’re going to tk that risk, won’t get a very hi percentage for the risk/ we’re trying…
EJ – been in sev’l areas where coin machine…
BG – conversation we’d need to hv w/ Madison Marquette
Section on dewitt ave…can’t hear, off mic/ tried to get in storm drain damage, not draining fast enough, intersection of mattison// lot of potholes out there
Whenever we get a window try get storm drains in, step 2, dewitt ave to…can’t hear
James Famularo – for city to host Urban HS Wrestling championship
He distributes some photo or diagram to council, public can’t see, spans sev’l decades / what is beneath the ground in terms of contamination/ tank removal $2,000
Special Event Apps
Tom Gilmour –
Sweet 16 party, mc cloone’s supper club on bch firewks/ beach fee and fire inspection/ 3/19
Community dev dept, senior party at transportation center
Need city date for fund raiser for Jason fazio, paramount theater,
Little League annual brkfst at Thurgood Marshal School
Blood Drive fire house 9 – 2
City mgr Terry Reidy regarding court hearing on Feb 17th 11 am: city sent letr terminating its agreement w/ iStar AKA Asbury partners/ 2 resolutions tonight: Request for qualifications and statements of interest from developers.
I can tell u numerous developers interested in investing in variety of areas, springwood down to waterfront. Governing body w/ be passing res getting interest from dev and formalize process from dev who hv expressed interest.
Second resolution provides for residents and gov body to establish a "Waterfront Asbury Advisory Comm.", drawn from residents, businesses thruout city, a step on part of gov body invite commun to revisit redev plan/ we’ve been wkg on a plan amendment/ it’s clr the wld of 2002 was very dif from the one of 2011, in real estate mkts, the economy, and what we’ve learned in that time/ w/ be seeking adv comm to help us w/ that / 2 members of council, one w/ serve as chair //
According to the resolution:
the committee will include a rep of Asbury Partners as designated by Asbury Partners (iStar Financial)
A rep of Madison Asbury Retail LLC as designted by same
Two reps of property owners within Waterfront Redev Area as designated by the mayor and city council
Two reps of business owners or proprietors w/in WRA as deisngated by the mayor and council
One rep of the city Urban Enterprise Program as designated by the UEZ Committee;
The City Manager or his designee
The City's director of planning and redevelopment
A state rep as nominated by the Dept of Community Affairs
Two council members, one of whom will be chair person
A rep of the City Planning Board
A rep of the City Sustainability Comm
At least two reps who are residents of the city of AP and do not represent property or business owners w/in the Prime Renewal Area of the WRA
Other members will be invited from various county and state institutions.
Applications will be taken right away, forms w/ Clerk Steven Kay, and selections will be decided by the governing body.
SH – lkg forward to little league bkfst, on Feb 16th high school w/ learn about meetings at 6 and 7 clock mtg/
EJ – add my voice to the LL bkfst, very good…
TReidy – my niece Rachel’s 16th birthday
City Attorney Fred Raffetto – action tonite also issuance svc liquor license coral bay enterprises, DBA Synapsis.
PUBLIC PORTION
PUBLIC COMMENT
James henry 6th av
Last cpl mtgs I attended lot of people complaining about snow removal here in ap and since..dec. pub wks dept been out there cutting bk the snow piles on curbs, side streets, time people in this city started doing for themselves, how many cars sitting there not dug out when are they going to be ticketed and towed? Cooperation from city…people not dug out yet, stays overnight and doesn’t get ticketed. Not Miami where it doesn’t snow, people hv to do some of the wk for themselves/ prevent PWD from doing their job.
TR – been thru 3 snowstorms, they w/ be coop
Bernard Corbin – allan chapel church, dewitt av
Got a problem recently dropped load of mat’ls / can’t understand why dropped load in front of our church(distributes photos to council) Mr Mayor it’s disgraceful.
TR – don’t know if u were here for brian gran’t statements
BC- I understand but brought 2 more loads, hindering our coming out of our church. Got report going to do it in the morning. Know winter months coming in, mud and potholes absolutely ridiculous/ mr mayor, city mgr we press now that something be done if not t’w immediately…
TR – it was a mistake, crew respons reported to us, as mr grant said lst mtg they said line was connected and it wasn’t really, no excuse for it.
BC – this time of yr and way economy is kind of suffering, need congregation to pay our bills, can’t if members can’t come. When rains can’t get into church. Jst like a business,…in community over 80 yrs, to be treated like this
[ASK IF MEMBERS W/ BE SWORN TO SECRECY – Members of the new Waterfront Redevelopment Advisory Committee will be asked to keep certain aspects of the committee’s deliberations from the public, explained Mayor Johnson, after the meeting adjourned. Just like the Springwood Avenue committee kept certain elements confidential during the process. However, Asbury Radio asked if this committee will operate as the budget advisory committee did, which was sworn to refrain from budget comments during the current year’s deliberations, even as the committee was prevented from seeing the current budget, but instead relegated to the previous year’s budget for “training purposes”. The Mayor assured that this committee will not duplicate that situation.]
Rita Marano –
Heard city officer got hurt putting up ring and got injured and now out on disability…Is that true?
Audience member : was not I put that up myself
EJ – can’t answ from the audience hav to come to mic
RM – 20 yr old men using it? Thought it was for children
TR – hvg men of all ages, women, boys, only reinforces that it is for community
JF – They hav a police officer as part of the PAL
RM – on duty?
Chief Kinmon – that’s his job, to participate
RM – w/ all we’re reading about gangs
TR – I’m glad you said that because that is exactly why this is needed/ where our police officers shd be, multiple goals and role models / best way to prevent young getting into gangs is hvg positive role models, involvement w/ community/ more time spent pos role models w/ young men and women and children/ one child prevented from going into crime money well spent/
RM – Money?
JF – interfaith neighbors, community initiatives,
TR – No tax dollars
RM – I called him but he never calls back
Carl Simms – life long member of AP, that 21 yr old u may hv seen in ring was once one of those kids who boxed in that gym we had on bdwk, that kid could’ve been one of the ones you tlk about being in those gangs/ I helped turn a different way…because of those sports, pop warner, uaa football, I’m the security in that gym/ I don’t limit or restrict who comes to the gym, I want the gangs in the gym/ let them ccome and harass me for a cpl of hours/ if you’re arthritis…come to the gym, it’s for everyone/ the pol officers w/ some of their pot bellies need to come to the gym/ you’ve seen some of officers box on msg, that’s what trying…tlk about each other w/ the donuts they eat/ I’m sp[kg w/ an employee of PSE&G to get more funding for the gym
Myra Campbell – mattison av
Thought I’d get a call from some of you council members after the football game when steelers won [laughter]
Street signs for snow distributed randomly, not strategically/
Got sev’l copies of WSide redev plan, want one at WSCC/
Lst wk said standing here w/ wet socks/ same tonight, flooding there, right across from Allan chapel church/ don’t understand why water still standing there/ Brian Grant didn’t stay for public comment last meeting/ john loffredo came w/ me one day, I said john lk at the tore up 1/3 of the street/ lk at that/ put 2 drains at end of street, now all kinds of debris going down there/
TR – as told members of allan chapel I w/ personally go out there and see what’s going on.
Duane Small – contractor
Lately in paper seen lot about gangs and gang activities/ I wnt to compliment you Johnson on what you said about jobs, ar’d here 16 yr old at 2 oclock in morning, when it comes to wk it shd be done by us or not at all. We know we can’t do it all, every chance the newspaper puts us down in Asbury…I know why ms marano concerned becaz it’s our economy and tax dollars/ but if we don’t get jobs, u see what’s goind on in Egypt don’t thnk cdn’t come here/ we hv to wk w/ our youth, Don’t be scared of them/ they w/ respect you too when see u respect them
Andrea Harbison – AP sustainability comm.. Reads letter from…
North beach area favorite, only spot left that still reserves open space/ plans for development in north end encroaches on green acres land, violates coastal rules.. while city reviewing dev s/ consider preserving this land and not developing on this land. Likelihood of flooding, imprudent financially/ city proven itself leader in development enhancing w/
Glenn and Debbie Carson, Medford NJ
Gerry Scarano – L Branch
Snow removal, hvg locals shovel hydrants, RBnk asked residents to do, we shd do so here/ People first impression for First Sat shdn’t be piles of snow for cookman av., put on facebook that we’ll be there for pancake brkfst Sat get few 100 instead of the usual 80 or so.
Denise Richards, Ridge Av
Problem with streets going on cpl months, understanding was bef Lucas left for winter break there wd be nothing left to cause problems, there is a backho across from church parked atop a huge deep hole, why, why wd anyone leave that w/ kids in the area/ something is wrong, they can’t do that. The pile of tar in the middle of the steet. Enough w/ the pacifying, someone has the feeling we’re trying to get brian grant fired that’s not my purpose, rather to get something done. See that it’s done
Holly House – for 3 days city truck knocked a power line…instead of fixing it, they hit a gas main. People going to school making a better life for themselves. Decent plc for all the tenants/ I hv a bill here I hv to pay becz the city knocked a pole/ mayor Johnson and mr reidy came by…all I’m asking is for you to do the right thing. I shouldn’t hv to pay, my insur co shdn’t hv to pay anything. My insur w/ go up and yours will stay where it is.
EJ – how much is bill?
HH - $3477. I call down here and everyone’s in a meeting/ what u doing, donuts and coffee?
TR – city trk hit a Verizon Line, by Holly House, Verizon line was too low, pole of JS
P&L fell down, wasn’tour fault/ JCP&L tk 3 days to fix it not city/ took 3 days not 3 hours/ Ms Winkler Description if perfectly accurate/ city wk’d w/ red cross, human svcs wk’d w/ citizens so had food and shelter/ No one said Ms. Winters has to pay this bill/ BTW, this pole had 3 transformers on it/ Tk 7 or 8 transformers to find the right ones. In add’n to hitting gas line was a disaster/ HR staff there right through. Not mkg light of anything terr res put out of apts at this time/ Terrible situation, / cpl things about the bill, I said the city is not going to pay this bill/ Verizon, JCP&L are part of this, I faxed bill to them/ is city part of solution absolutely, their wire that started it/ I’m not going to submit a bill of $3477 to be paid by the residents of this city. So that’s where we are other entities need to be funding this. We did not delay the solution of this.
Diane…Citgo station –
Station been there 40 yrs/ five yrs ago had to pull tanks out contamination, dep monitoring property/ u rec’d notice, trying to hv station shut down/ asking city council if this can be put on hold, not beneficial to close it down now/ we’re hearing asking consideration/
TR – lot of bkgrnd to this case/ lot more than can go into this moment. My understanding is this case was bef muni crt, then superior crt and back again to muni crt/ u hv main stt redev plan that doesn’t allow for this use/ it was pre existing, but also non conforming, dep req’d taken out/ use was abandoned/ tk tanks out x # yrs ago. These are issues of legal interpretation/ not council dec. it’s in the crt / if this was a pre existing non conforming us then … Right now gov body can’t mk a dtermination becz in the crts
Pam James – lifelong res AP
One of residents of Holly House / thankful didn’t get burned up or blown up/ why on Sat nite when figured out cdn’t do anything why did everyone lv/ sign on dr, if need something come to APHS. Police were patrolling but soon everyone left the house was left exposed. Mgr of house was told to get her own security. Ho9w she going to pay for that and we didn’t do anything wrong.
End of public portion –
Approval of minutes –
Bill resolutions app’d
Quality Claims – lawsuits…
Raffle Licenses Red Cross – 2 app’d
Resolutions –
Muni open space for Springwood Av pk - All yes
Over payment of taxes, 633 Cookman Ave – all Yes
Auth city to execute whole…righ of entry Monb cty mosq commission
Auth discharge of mot 1224 washington av, and a second address
Of ap waterfront redev advisory committee
Publication of disseminate statements of interest from dev in waterfront area
Issuance serv charges against synaxis – all yes
Req for proposals for pkg meters – all yes
Famularo accepting prop from env alliance assessment Bangs av middle school
Introduction – March 2, estab new reg gov extent bixz entity can mk conributions during public contracts, pay to play reform – all yes
Adjourn
Saturday, January 8, 2011
Read iStar Financial's Official Response to Asbury Park's Finding of Default
Not surprisingly iStar disagrees with the City's contentions that the waterfront property owner defaulted as per the City's December resolution and in its response falls back on the bad economy, etc. (As though its predecessors didn't head for default long before the economy headed south.)
Read iStar's reaction here.
Funny, they didn't give Asbury Partners -- circa Larry Fishman, private investment company MD Sass and friends -- the same pass for harsh economic times for their deadbeat behavior. And that was Thanksgiving 2009, the depths of the Great Recession. Different strokes for little governments, eh?
The City has already passed an ordinance to bond -- borrow -- $250,000 for legal fees, which you can be sure will come to at least $250,000 (unless you know any law firms that will leave something on the table). How much more will the citizens of AP be willing to pay for a bad redevelopment plan?
Update: A source close to the proceedings tells Asbury Radio that filing a lawsuit is the next step, but the city's lawyers are hoping to resolve the issues in arbitration instead. Arbitration would mean a faster resolution and, hence, lower costs, says the source. Pray...
Read iStar's reaction here.
Funny, they didn't give Asbury Partners -- circa Larry Fishman, private investment company MD Sass and friends -- the same pass for harsh economic times for their deadbeat behavior. And that was Thanksgiving 2009, the depths of the Great Recession. Different strokes for little governments, eh?
The City has already passed an ordinance to bond -- borrow -- $250,000 for legal fees, which you can be sure will come to at least $250,000 (unless you know any law firms that will leave something on the table). How much more will the citizens of AP be willing to pay for a bad redevelopment plan?
Update: A source close to the proceedings tells Asbury Radio that filing a lawsuit is the next step, but the city's lawyers are hoping to resolve the issues in arbitration instead. Arbitration would mean a faster resolution and, hence, lower costs, says the source. Pray...
Tuesday, December 7, 2010
City Declares iStar Financial in Default - Gives them 10 Days to Respond
AP City Council Declares iStar Financial in Default on Waterfront
Financier has 10 Days to Respond to Resolution
City Introduces Bond Ordinance for $250,000 Legal War Chest
City’s First Staff Planner Since WRA Prefers Multiple Developer Effort
Welcome to Asbury Radio’s Reporter’s Notebook, where corrections, clarifications, spellings are not only welcome they’re sorely needed!!
Council meeting –
Councilmembers: Sue Henderson, Jimmy Bruno, John Loffredo, Mayor Ed Johnson,
In attendance Pat Fasano, Vince Gifford, Rich and Johna Karpinsky, Arocksy Gokberk
Dec. 7th – special mtg single issue mtg
Two Actions – resolution and bond a ordinance
Glenn Scotland – aprx yr ago istar forclosed on the interests of asbruy partners and took over that interst by virtue of AP’s failure to abide by its interests. At that time…based on rep of istar at that time/ redev com and hastie, Scotland, aaron met w/ istar to determine plans for mvg forward w/ waterfront/ mtgs w/ city mgr reidy to meet w/ sugarman and other reps istar, wkg on ap matter.
As you are aware based on reporting we’ve givn you over the pas tyr very little dev by istar, consertnation on part of all, belief by us and others on dev comm. Dlg w/ istar, city on verge of missing next dev cycle, as a resultthis occurance and various..u asked us to explore whatvever rights city has…toward that edn w/ mr aaron prepared resolution, which declares istar in default on its agreement of oct 2002,
Tk certain steps to resolve…resolutions has where as clauses estb history of dev ap from execu amened extended rev agreement to various sub dev brought to table by apartners, where we are in …in accord w/ redev and hsg law and plan
First fault mentioned is 6th av reopening default, first set under redev agreement, master dev thru istar has indicated it is unwilling or unable to acquire prop to effect 6th ave ereope due to cost of the propery. That’s a mat’l default. Not subject to ? under terms of agreement
Infrastructure default is second – 2 components. Infrastructure incomplete by partners, signif deficiencies, not demons ability to cure or correct those deficiencies, not satisfied,
Phase 2, 3, 4, infrastructure needs to be completed on wtrfrnt/ hrd repeatedly cost of completing is something istar or apners capapbe of doing, that wd be default of agreement/ abandonment default, various components to that, reflects failure of dev to carry forth eminent domain proceedings, been in process, city was directed to terminate and other ED proceedings not initiated. Had effect of holding certain prop owners captive to agreemtn / also prop hv been acquired, after w/in 12 mos must design subdev to commence…not happened/ also to acquire prop it had right to acquire/ constitutes abandonment of project and something not subject to cure.
Last of defaults relates to obligations to partic in plan amendments to affect plan on waterfront, 1 yr to 10mos ago sammett tried to plan recognize what going on in economic financial community, recog those changes submit modif to the plan for comment by istar, none made, they had obligation to wk in good faith w/ city, in modifying amending plan to wk w/ city.
Resolution w/ req add’l info as to discovery / resolutions set forth, authorize attys to proceed effecting terms of res, for city to exercise its rights under terms of this agreement
Mayor –‘
2 sections – u said not subj to cure, cd u elaborate.
Redev agreement contains arbitration provision, for disputes under an agreementin event of a default cd tech fall w/in…arbitration only mks sense in cases where capable of cure/ in res they’re not subj to cure so arbitration wd not be appropriate. Comments hv not been substantive, nor productive/
No other comments from council –
Resolution is read by Clerk/ declaring iStar/Asbury Partners in default
Aaron adds –Wants to point out the cooperation between your litigation and redev counsel - 100% in lockstep/ at direction of council and recommendation of…this action is being taken becz of city of Asbury park’s action to move the city along, any dev out there who wants to come into /…so when economic cycle returns / history says during 01 and 04 too much time wasted in litigation/ apprg what was done in 2000… city doesn’t want or need to be its enemy/ city is saying it is prepared and willing and able to do what it has to for the people of Asbury Park
Bruno – we hv watrfrnto desperate for redev, we hav to catch the next redev wave, if not get out of our way, have to be ready have to move forward…people who’ve been held back from revnues.
Henderson – not taken far enough so I’m supporting this
Loffredo – people who wanted to take action months ago, we negotiated in good faith, had our cards on the table jst not enough.
Mayor – not about going after spec company or individual, our business owners hv waited, waited and waited some more, the time has come… All YES
Bond Counsel – Glenn Scotland –
Taken certain $250k / authorize bonds to pay costs thereof, under redev hsg law for redev expenditures related to advancing redevelopment activities, litigation, arbitration, This bond ordinance will be less costly, he said, because redevelopment base puts it under the State’s local redevelopment and housing law, which means the city won’t pay the usual 5% down payment to borrow. entire am’t…? inaudible
[Scotland said later that the legal costs of floating the loan would probably come to no more than $1200. Scotland said the City had to secure the financing so that it can be sure it's able to support its contractual interests through legal means.The City is dependent on Asbury Partners, now iStar, for payments on other bonds taken out to fund projects the developer was responsible for. Scotland said to the best of his knowledge iStar is up to date on those payments.]
All yes
Public Portion
Donna Rendeiro – Dir of Community Planning for NJ Redevelopment Authority (in but not of the DCA (Dept of Community Affairs) We’re here to support Dir of Community Planning, tech assistance, with Tom Neff, Dir local assistance, now is the time and here to help any way we can
Topek, Stan – Adriatic – bought business 12 yrs before dev started in AP, like to know how to get a ltr to be carved out so can prove I’m out of this business/ I cd hv sold 10 times, need ltr from city so if I sell my bus can sell to someone else to mk success in AP/ time to retire after 45 yrs in business in AP/ I’m freed to sell
Fasano, Pat – 1001 Grand, a downtown developer
I went on iStar’s website today - can’t come up w/$500k? - Site said company has $1.12billion in unrestricted cash /iStar repurchased $1.1mn shares of its own stock, IT had a $1bn loan that balloons in june, so they repaid it off in cash/YET they had to ask me for money to knock down the boarded up houses in AP. They said they couldn't afford $? to knock down some boarded houses.
David Benson –back in jun of 08 flood destroyed bldg. istar pulled our permits and issued… that we didn’t hav right to permits, 2 yrs prob and $100k in legal bills later, we’ve gutted building, redone, they totally blew us off, we’re lkg for now that istar is going by wayside, we’d like to attribute back to city a good building that can///unless we hv to go thru qualifying to be a sub redev/
Rita – jst last week knocked down 4 houses and a church/ how do we let them do that when they were going to do this? This has been going on. You hav to stop knocking down properties/ eventually was the demo guy’s answer/ who ever heard of knocking down a church?
Why are you issuing them permits to knock down properties when you know what state they’re in?
Reidy – city doesn’t hv right to say can’t knock down property. First I agree w/ you.
Bruno- I woulda done it.
Reidy – there’s a difference between the legal right and what you can speculate
Rich Karpinksi - thank you for finally doing the right thing / dragged us all along developers, contractors, realtors
Owners, tax payers, deeming APners in default – does that mean city can take back all redevel rights, what does that mean?
Reidy – process, first is to issue letter, then 10 day period as per agreement istar has to respond, say respond in way doesn’t meet city’s concerns, that’s when legal action begins for istar to step up or city take or sue for its redev rights/ this is first step for process to begin/ what is status of prop in redev zone/ we’re supposed to be moved, Samantha garvis says doesn’t hv the money/ tk away redev rights/ that’s what needs to be done/
Reidy – anytime iStar can come back to table/ lot of allies to this/ properties istar doesn’t own, like Stanley can give him ..
Mayor – not intention of council to create another drawn out process, we‘d rather hurry and get on with it
Rich – It’s time to cut these guys off/
George Kary 207 6th av
In ref to infrastructure, bad shape, been that way 20 yrs, what’s timetable, who will pay?
Reidy -
Councilman Bruno has talked about same issue for lst sev’l mons. Trugh is don’t hv a date/ we hv to get our hse in order in terms of dev
We decide how to spend our tax dollars/ we don’t wnt to spend ours on respon of dev/ if city ends up w/ dev rights that would provide money to make those improvements.
Adjourned.
Don Sammet (Reidy announced Sammet was going to explain the status now of land owners, but another member of the public wanted to speak and Sammet never took the mic.)- Sammet later told Asbury Radio that people like George Kary and his mother who own two houses between them in the redevelopment zone and Stanley Topek who owns the Adriatic Restaurant in the zone are still subject to the elements of the plan in place - including eminent domain. “The redevelopment plan and agreement are still in force as adopted. This is an attempt to effectuate change. Plan is still in place.” The actual waterfront plan needs to be amended and one of those issues is taking properties off eminent domain, he said. Asked if the City would amend the plan to reflect resident interests and desires or wait until another developer is found and amend the plan to satisfy it, Sammet said, “A developer? I wouldn’t recommend that.” Sammet, who was hired after the plan and original agreement were adopted, will get his first opportunity to leave his mark on a revised or replaced plan. And Sammet’s desire is for the city not developers to amend the plan and contract with multiple – not a single – developer.
Financier has 10 Days to Respond to Resolution
City Introduces Bond Ordinance for $250,000 Legal War Chest
City’s First Staff Planner Since WRA Prefers Multiple Developer Effort
Welcome to Asbury Radio’s Reporter’s Notebook, where corrections, clarifications, spellings are not only welcome they’re sorely needed!!
Council meeting –
Councilmembers: Sue Henderson, Jimmy Bruno, John Loffredo, Mayor Ed Johnson,
In attendance Pat Fasano, Vince Gifford, Rich and Johna Karpinsky, Arocksy Gokberk
Dec. 7th – special mtg single issue mtg
Two Actions – resolution and bond a ordinance
Glenn Scotland – aprx yr ago istar forclosed on the interests of asbruy partners and took over that interst by virtue of AP’s failure to abide by its interests. At that time…based on rep of istar at that time/ redev com and hastie, Scotland, aaron met w/ istar to determine plans for mvg forward w/ waterfront/ mtgs w/ city mgr reidy to meet w/ sugarman and other reps istar, wkg on ap matter.
As you are aware based on reporting we’ve givn you over the pas tyr very little dev by istar, consertnation on part of all, belief by us and others on dev comm. Dlg w/ istar, city on verge of missing next dev cycle, as a resultthis occurance and various..u asked us to explore whatvever rights city has…toward that edn w/ mr aaron prepared resolution, which declares istar in default on its agreement of oct 2002,
Tk certain steps to resolve…resolutions has where as clauses estb history of dev ap from execu amened extended rev agreement to various sub dev brought to table by apartners, where we are in …in accord w/ redev and hsg law and plan
First fault mentioned is 6th av reopening default, first set under redev agreement, master dev thru istar has indicated it is unwilling or unable to acquire prop to effect 6th ave ereope due to cost of the propery. That’s a mat’l default. Not subject to ? under terms of agreement
Infrastructure default is second – 2 components. Infrastructure incomplete by partners, signif deficiencies, not demons ability to cure or correct those deficiencies, not satisfied,
Phase 2, 3, 4, infrastructure needs to be completed on wtrfrnt/ hrd repeatedly cost of completing is something istar or apners capapbe of doing, that wd be default of agreement/ abandonment default, various components to that, reflects failure of dev to carry forth eminent domain proceedings, been in process, city was directed to terminate and other ED proceedings not initiated. Had effect of holding certain prop owners captive to agreemtn / also prop hv been acquired, after w/in 12 mos must design subdev to commence…not happened/ also to acquire prop it had right to acquire/ constitutes abandonment of project and something not subject to cure.
Last of defaults relates to obligations to partic in plan amendments to affect plan on waterfront, 1 yr to 10mos ago sammett tried to plan recognize what going on in economic financial community, recog those changes submit modif to the plan for comment by istar, none made, they had obligation to wk in good faith w/ city, in modifying amending plan to wk w/ city.
Resolution w/ req add’l info as to discovery / resolutions set forth, authorize attys to proceed effecting terms of res, for city to exercise its rights under terms of this agreement
Mayor –‘
2 sections – u said not subj to cure, cd u elaborate.
Redev agreement contains arbitration provision, for disputes under an agreementin event of a default cd tech fall w/in…arbitration only mks sense in cases where capable of cure/ in res they’re not subj to cure so arbitration wd not be appropriate. Comments hv not been substantive, nor productive/
No other comments from council –
Resolution is read by Clerk/ declaring iStar/Asbury Partners in default
Aaron adds –Wants to point out the cooperation between your litigation and redev counsel - 100% in lockstep/ at direction of council and recommendation of…this action is being taken becz of city of Asbury park’s action to move the city along, any dev out there who wants to come into /…so when economic cycle returns / history says during 01 and 04 too much time wasted in litigation/ apprg what was done in 2000… city doesn’t want or need to be its enemy/ city is saying it is prepared and willing and able to do what it has to for the people of Asbury Park
Bruno – we hv watrfrnto desperate for redev, we hav to catch the next redev wave, if not get out of our way, have to be ready have to move forward…people who’ve been held back from revnues.
Henderson – not taken far enough so I’m supporting this
Loffredo – people who wanted to take action months ago, we negotiated in good faith, had our cards on the table jst not enough.
Mayor – not about going after spec company or individual, our business owners hv waited, waited and waited some more, the time has come… All YES
Bond Counsel – Glenn Scotland –
Taken certain $250k / authorize bonds to pay costs thereof, under redev hsg law for redev expenditures related to advancing redevelopment activities, litigation, arbitration, This bond ordinance will be less costly, he said, because redevelopment base puts it under the State’s local redevelopment and housing law, which means the city won’t pay the usual 5% down payment to borrow. entire am’t…? inaudible
[Scotland said later that the legal costs of floating the loan would probably come to no more than $1200. Scotland said the City had to secure the financing so that it can be sure it's able to support its contractual interests through legal means.The City is dependent on Asbury Partners, now iStar, for payments on other bonds taken out to fund projects the developer was responsible for. Scotland said to the best of his knowledge iStar is up to date on those payments.]
All yes
Public Portion
Donna Rendeiro – Dir of Community Planning for NJ Redevelopment Authority (in but not of the DCA (Dept of Community Affairs) We’re here to support Dir of Community Planning, tech assistance, with Tom Neff, Dir local assistance, now is the time and here to help any way we can
Topek, Stan – Adriatic – bought business 12 yrs before dev started in AP, like to know how to get a ltr to be carved out so can prove I’m out of this business/ I cd hv sold 10 times, need ltr from city so if I sell my bus can sell to someone else to mk success in AP/ time to retire after 45 yrs in business in AP/ I’m freed to sell
Fasano, Pat – 1001 Grand, a downtown developer
I went on iStar’s website today - can’t come up w/$500k? - Site said company has $1.12billion in unrestricted cash /iStar repurchased $1.1mn shares of its own stock, IT had a $1bn loan that balloons in june, so they repaid it off in cash/YET they had to ask me for money to knock down the boarded up houses in AP. They said they couldn't afford $? to knock down some boarded houses.
David Benson –back in jun of 08 flood destroyed bldg. istar pulled our permits and issued… that we didn’t hav right to permits, 2 yrs prob and $100k in legal bills later, we’ve gutted building, redone, they totally blew us off, we’re lkg for now that istar is going by wayside, we’d like to attribute back to city a good building that can///unless we hv to go thru qualifying to be a sub redev/
Rita – jst last week knocked down 4 houses and a church/ how do we let them do that when they were going to do this? This has been going on. You hav to stop knocking down properties/ eventually was the demo guy’s answer/ who ever heard of knocking down a church?
Why are you issuing them permits to knock down properties when you know what state they’re in?
Reidy – city doesn’t hv right to say can’t knock down property. First I agree w/ you.
Bruno- I woulda done it.
Reidy – there’s a difference between the legal right and what you can speculate
Rich Karpinksi - thank you for finally doing the right thing / dragged us all along developers, contractors, realtors
Owners, tax payers, deeming APners in default – does that mean city can take back all redevel rights, what does that mean?
Reidy – process, first is to issue letter, then 10 day period as per agreement istar has to respond, say respond in way doesn’t meet city’s concerns, that’s when legal action begins for istar to step up or city take or sue for its redev rights/ this is first step for process to begin/ what is status of prop in redev zone/ we’re supposed to be moved, Samantha garvis says doesn’t hv the money/ tk away redev rights/ that’s what needs to be done/
Reidy – anytime iStar can come back to table/ lot of allies to this/ properties istar doesn’t own, like Stanley can give him ..
Mayor – not intention of council to create another drawn out process, we‘d rather hurry and get on with it
Rich – It’s time to cut these guys off/
George Kary 207 6th av
In ref to infrastructure, bad shape, been that way 20 yrs, what’s timetable, who will pay?
Reidy -
Councilman Bruno has talked about same issue for lst sev’l mons. Trugh is don’t hv a date/ we hv to get our hse in order in terms of dev
We decide how to spend our tax dollars/ we don’t wnt to spend ours on respon of dev/ if city ends up w/ dev rights that would provide money to make those improvements.
Adjourned.
Don Sammet (Reidy announced Sammet was going to explain the status now of land owners, but another member of the public wanted to speak and Sammet never took the mic.)- Sammet later told Asbury Radio that people like George Kary and his mother who own two houses between them in the redevelopment zone and Stanley Topek who owns the Adriatic Restaurant in the zone are still subject to the elements of the plan in place - including eminent domain. “The redevelopment plan and agreement are still in force as adopted. This is an attempt to effectuate change. Plan is still in place.” The actual waterfront plan needs to be amended and one of those issues is taking properties off eminent domain, he said. Asked if the City would amend the plan to reflect resident interests and desires or wait until another developer is found and amend the plan to satisfy it, Sammet said, “A developer? I wouldn’t recommend that.” Sammet, who was hired after the plan and original agreement were adopted, will get his first opportunity to leave his mark on a revised or replaced plan. And Sammet’s desire is for the city not developers to amend the plan and contract with multiple – not a single – developer.
Major News: Tonight's Waterfront Mtg - Life Imitates Art
In the final scene of my two act comedy, "Ocean Mile", which ran last summer, the credit crisis descends, grinding redevelopment to a halt on the waterfront in Ocean Mile.
The new hi-rise declares bankruptcy and the characters sit contemplating their collectively dim future in Rhoda's Deli. Rock, the oft-blamed builder of the last failed redevelopment, sees light at the end of the tunnel. Maybe the economic meltdown will slow everything down. Maybe the council will rewrite the plan, taking a smaller more block by block approach to redevelopment, letting people develop their own properties, ending eminent domain so as to stop allowing the 'big developer' ("Sandman Brothers") to seize people's lots. We all went a little crazy, they admit, as they exit sobered but hopeful.
Tonight we may get the chance to see this play out in real life when the City Council of Asbury Park is expected to consider a resolution declaring Asbury Partners (now controlled by iStar Financial) -- the Big Developer -- in default, according to Don Sammet, the City's Director of Redevelopment. Sammet tells Asbury Radio, "The council has been interested for some time in amending the plan to take property off the list, to let individual parcels be developed, and allow owners to development their own properties."
However, declaring iStar (Asbury Partners) in default may not be enough, Sammet cautions. It may also require having a court determine they are in default. Stay tuned...
The Stage: Council Chambers corner of Main and Bangs, across from the Post Office
Curtain at 5 PM
Don't be late!!!
The new hi-rise declares bankruptcy and the characters sit contemplating their collectively dim future in Rhoda's Deli. Rock, the oft-blamed builder of the last failed redevelopment, sees light at the end of the tunnel. Maybe the economic meltdown will slow everything down. Maybe the council will rewrite the plan, taking a smaller more block by block approach to redevelopment, letting people develop their own properties, ending eminent domain so as to stop allowing the 'big developer' ("Sandman Brothers") to seize people's lots. We all went a little crazy, they admit, as they exit sobered but hopeful.
Tonight we may get the chance to see this play out in real life when the City Council of Asbury Park is expected to consider a resolution declaring Asbury Partners (now controlled by iStar Financial) -- the Big Developer -- in default, according to Don Sammet, the City's Director of Redevelopment. Sammet tells Asbury Radio, "The council has been interested for some time in amending the plan to take property off the list, to let individual parcels be developed, and allow owners to development their own properties."
However, declaring iStar (Asbury Partners) in default may not be enough, Sammet cautions. It may also require having a court determine they are in default. Stay tuned...
The Stage: Council Chambers corner of Main and Bangs, across from the Post Office
Curtain at 5 PM
Don't be late!!!
Saturday, October 23, 2010
iStar Sheds Miami Condo Investment for $44 Million
IStar sells stalled Miami condo for $44M
October 18, 2010 02:30PM
Terrazas River Park
A 324-unit Miami condo project that struggling lender iStar Financial took back from its developer earlier this year in a deed-in-lieu of foreclosure has been sold off-market for more than $44 million to Wood Partners and Area Property Partners. The deed-in-lieu was valued at around $45 million for Terrazas River Park, which sits on a 2.15-acre-site near E.G. Sewell Park on the Miami River. Developer Windmoor Project hadn't sold a single unit when iStar, now said to be considering a bankruptcy filing after many of its real estate loans went sour in the wake of the real estate crash, took over. Istar, which has 11.7 percent of its loans concentrated in New York, is currently financing the Trump Soho condo-hotel development. The firm also holds the $310 million delinquent mortgage on the One Madison park condominium.[SFBJ]
ARadio Note: The City of Asbury Park should pull back its redevelopment rights, since the MD Sass led Fishman operated version of Asbury Partners defaulted on its debt to iStar and iStar hasn't moved to develop any properties in nearly a year. Then the City can resell those rights. Same for the aborted Esperanza, Metro Homes owned construction site. Where's a good lawyer when you need one?
Actually, City Manager Terry Reidy has promised to send Asbury Radio a copy of a letter the city wrote to Metro expressing just those intentions. We'll publish that letter here as soon as we receive it from Mr. Reidy. This is definitely the way to go.
--
October 18, 2010 02:30PM
Terrazas River Park
A 324-unit Miami condo project that struggling lender iStar Financial took back from its developer earlier this year in a deed-in-lieu of foreclosure has been sold off-market for more than $44 million to Wood Partners and Area Property Partners. The deed-in-lieu was valued at around $45 million for Terrazas River Park, which sits on a 2.15-acre-site near E.G. Sewell Park on the Miami River. Developer Windmoor Project hadn't sold a single unit when iStar, now said to be considering a bankruptcy filing after many of its real estate loans went sour in the wake of the real estate crash, took over. Istar, which has 11.7 percent of its loans concentrated in New York, is currently financing the Trump Soho condo-hotel development. The firm also holds the $310 million delinquent mortgage on the One Madison park condominium.[SFBJ]
ARadio Note: The City of Asbury Park should pull back its redevelopment rights, since the MD Sass led Fishman operated version of Asbury Partners defaulted on its debt to iStar and iStar hasn't moved to develop any properties in nearly a year. Then the City can resell those rights. Same for the aborted Esperanza, Metro Homes owned construction site. Where's a good lawyer when you need one?
Actually, City Manager Terry Reidy has promised to send Asbury Radio a copy of a letter the city wrote to Metro expressing just those intentions. We'll publish that letter here as soon as we receive it from Mr. Reidy. This is definitely the way to go.
--
Friday, October 1, 2010
Fitch Ratings Downgrades iStar Financial - Issues Warning
IStar Financial, the real estate lender who took over for Asbury Partners when the Partners couldn't pay iStar back, is facing significant debt maturities. That's high finance talk for they got some big money to pay off come springtime and that has Fitch, one of the Big Three bond rating agencies, quaking in its boots.
We've been fretting over iStar's financial health for nearly a year.
Asbury Radio first worried aloud last year on this site when iStar was in such a hurry to close in on a debtor in a near death real estate market that it moved in on Asbury Partners over Thanksgiving weekend.
Our first fear was a fire sale, based on the company's stock that had lost a great deal of market value and a hefty portfolio of non-performing loans. But if they've been unloading properties -- iStar valued its shares of Asbury Partners secured by property along our oceanfront here at $70 million -- we haven't noticed. But then, developers in this town are treated like dieties, no one dare address them directly or speak their names. What's all this confidential attitude doing for us?
We do we see them leveling buildings on lots along the waterfront though, which will reduce the value of those lots for tax purposes, thereby lowering the taxes iStar has to pay the City of Asbury Park.
It is time the City Fathers stopped meeting privately with these guys and brought these negotiations into the sunlight, cause so far that strategy has not worked very well.
PS - Have we taken back Metro Homes' property, The Esperanza site, for failure to build? At least if it were on our rolls again, the lot would show up as an asset, a real estate holding, when we have to go to the bond market ourselves.
We've been fretting over iStar's financial health for nearly a year.
Asbury Radio first worried aloud last year on this site when iStar was in such a hurry to close in on a debtor in a near death real estate market that it moved in on Asbury Partners over Thanksgiving weekend.
Our first fear was a fire sale, based on the company's stock that had lost a great deal of market value and a hefty portfolio of non-performing loans. But if they've been unloading properties -- iStar valued its shares of Asbury Partners secured by property along our oceanfront here at $70 million -- we haven't noticed. But then, developers in this town are treated like dieties, no one dare address them directly or speak their names. What's all this confidential attitude doing for us?
We do we see them leveling buildings on lots along the waterfront though, which will reduce the value of those lots for tax purposes, thereby lowering the taxes iStar has to pay the City of Asbury Park.
It is time the City Fathers stopped meeting privately with these guys and brought these negotiations into the sunlight, cause so far that strategy has not worked very well.
PS - Have we taken back Metro Homes' property, The Esperanza site, for failure to build? At least if it were on our rolls again, the lot would show up as an asset, a real estate holding, when we have to go to the bond market ourselves.
Monday, September 27, 2010
Falling Landmarks & Rising Taxes - A Connection?
Demolition was not the plan for the Baronet. Here is a letter from Asbury Partners COO, Larry Fishman, to Council member John Loffredo, written in 2006. Did the council make an effort to have Asbury Partners honor this commitment by maintaining the building or letting it rot for four years? See more on this at www.AsburyRadio.com/Baronet.htm
The following is excerpted from a post I made at Yahoo.com.
The Obits for the 97-year old Baronet (Theater) have so far completely disregarded the fact that in 2002 the
theater was reopened while Walter Burns and partner Maurice still owned it. NBC-TV was broadcasting the Today Show, live from the boardwalk. Remember? I know, because I was there, as a few may still recall in my Egyptian disguise, as Mistress of Ceremonies to introduce the independent films brought to town by Doug LeClare and Susan Pellegrini, then of Keyport, representing Asbury Shorts of New York. Remember?
Yes, the mold was there; hell, the stage manager put her foot through the
floor boards an hour before we opened. But the new Egyptian mural was already up on the facade and we filled the house with cheering people. That, ladies and gentlemen, was the night the Baronet sprung back to life! Eight years ago! We couldn't restore a theater in 8 years?
Point Two - the timing of the demolition also coincides with the recent reports of the dire financial straits of our latest 'benefactor', iStar Financial, which is probably responsible for paying the taxes on the property the Baronet sits on or sat on. You will note that the huge apartment building that occupied most of the block across Kinsley from the sewer plant also came down this month. Just watch those property tax revenues crumble to the ground and blow away... Makes you wonder who's approving all these demo permits? BTW, there is a list of buildings approved as "imminent" (not eminent- maybe he was thinking of eminent domain) "hazards" a couple of years ago, to clear the way for downing the buildings at the first sign of a fault - or was that a default?
{A special meeting was held 9/27 adopted the city's budget with an 8% increase in the municipal portion.}
This is even more poignant when you think of Marty Sass this morning bragging on nationwide cable TV, over "Strategy Session", about his successful investments. Remember MD Sass, the investors with Larry and Glen Fishman behind Asbury Partners, and the article in which Marty bragged to a real estate writer about the killing he made on distressed property in Asbury Park?
Yes, we should all move ahead, look toward the future -- after we take note of the pattern we can't afford to repeat.
Tuesday, September 21, 2010
iStar Financial with $8.6 billion in Debt Considers Bankrupty
As I recall earlier this year, I aroused the outrage of one reader when I mentioned the low market cap and considerable debt of Asbury Partners' successor iStar Financial, lauded by the city government last November for having deeper pockets and promising to be yet another savior for the City.
What does iStar's market cap matter? or words to that effect were fired off at yours truly.
According to Bloomberg News, iStar, now holding the former Asbury Partners' redevelopment zone properties it valued at $70 Mn as well as debt obigations to the City of Asbury Park, is considering bankruptcy alternatives in its efforts to restructure $8.6 billion in debt. Its stock has lost 25% of value on this news, says Bloomberg, who adds that the company's stock has lost 90% of its value since 2007.
Bloomberg writers note that some of the funds holding iStar debt have turned down its requests for what is known in the industry as 'A&Es' or 'Amend & Extend Agreements', or, cynically, 'Amend & Pretend Agreements'. (See my story "Breathing Room on the Refinancing Cliff" on http://www.iimagazine.com/ )
From the start we didn't like the fact that despite the horrible economy, iStar saw it necessary to seize the properties in what looked like a desperate or furtive move -- over the Thanksgiving holiday. We also didn't like the lack of any public personna on the part of iStar. Where were they? Where was the human behind the curtain? These weren't the questions of an economist, just practical reactions. Why was a marketing man from Roseland, NJ, with no real estate chops to speak of, speaking to the press for the Daddy Warbucks of Real Estate, iStar Financial?
If their intentions were so honorable why didn't someone from iStar's company address the residents at a public forum, like a council meeting? So it seemed to me that taken into account with the company's other poor performance data and an earnings conference call I monitored during which no mainstream business media were invited to participate -- no tough questions thank you -- that this company couldn't carry Asbury Partners' debt a minute longer. And so I worried about the property tax payments it would now owe and the debt obligations it would inherit as well, since Asbury Partners enjoyed the credit of the City for large expenditures like improvements to the sewer plant, it was obligated to fund. The lawyers for the City and Asbury Partners, represented for the most part by Newark's former Deputy Mayor Alfred Faiella, had arranged for the City to obtain the monies by taking out goverment bond obligations, like we take out mortgages, on which Asbury Partners had to make the payments. Since last year, those payments have fallen on iStar.
At this point, I would hope that the City will smell the blood in the water and make iStar an offer it can't refuse. Seize the day Mayor, take back some of these prime oceanfront properties for nonperformance and/or present and future debt service, and rent them out or sell them to a hotel chain or maritime entertainment and education purveyor -- not a middle man -- and reduce our debt or at least set aside the monies for our debt payments. We might as well face it. There's no one coming to save this City. We are -- and have always been -- on our own.
What does iStar's market cap matter? or words to that effect were fired off at yours truly.
According to Bloomberg News, iStar, now holding the former Asbury Partners' redevelopment zone properties it valued at $70 Mn as well as debt obigations to the City of Asbury Park, is considering bankruptcy alternatives in its efforts to restructure $8.6 billion in debt. Its stock has lost 25% of value on this news, says Bloomberg, who adds that the company's stock has lost 90% of its value since 2007.
Bloomberg writers note that some of the funds holding iStar debt have turned down its requests for what is known in the industry as 'A&Es' or 'Amend & Extend Agreements', or, cynically, 'Amend & Pretend Agreements'. (See my story "Breathing Room on the Refinancing Cliff" on http://www.iimagazine.com/ )
From the start we didn't like the fact that despite the horrible economy, iStar saw it necessary to seize the properties in what looked like a desperate or furtive move -- over the Thanksgiving holiday. We also didn't like the lack of any public personna on the part of iStar. Where were they? Where was the human behind the curtain? These weren't the questions of an economist, just practical reactions. Why was a marketing man from Roseland, NJ, with no real estate chops to speak of, speaking to the press for the Daddy Warbucks of Real Estate, iStar Financial?
If their intentions were so honorable why didn't someone from iStar's company address the residents at a public forum, like a council meeting? So it seemed to me that taken into account with the company's other poor performance data and an earnings conference call I monitored during which no mainstream business media were invited to participate -- no tough questions thank you -- that this company couldn't carry Asbury Partners' debt a minute longer. And so I worried about the property tax payments it would now owe and the debt obligations it would inherit as well, since Asbury Partners enjoyed the credit of the City for large expenditures like improvements to the sewer plant, it was obligated to fund. The lawyers for the City and Asbury Partners, represented for the most part by Newark's former Deputy Mayor Alfred Faiella, had arranged for the City to obtain the monies by taking out goverment bond obligations, like we take out mortgages, on which Asbury Partners had to make the payments. Since last year, those payments have fallen on iStar.
At this point, I would hope that the City will smell the blood in the water and make iStar an offer it can't refuse. Seize the day Mayor, take back some of these prime oceanfront properties for nonperformance and/or present and future debt service, and rent them out or sell them to a hotel chain or maritime entertainment and education purveyor -- not a middle man -- and reduce our debt or at least set aside the monies for our debt payments. We might as well face it. There's no one coming to save this City. We are -- and have always been -- on our own.
Tuesday, May 11, 2010
Click to Read Boardwalk Plan
The City of Asbury Park's first written agreement with retail developer Madison Marquette and iStar Financial, which replaced the other members of Asbury Partners in the entity known as Madison Asbury Retail, LLC, is contained in three large files posted below. See the Reporters' Notebook on the May 5 council meeting for highlights of the agreement.
Rumors will no doubt fly about the details of the plan. Hopefully having the actual agreement will eliminate a lot of time-wasting false impressions.
One rumor that's making the rounds is that the Sunset Avenue Pavilion, which is approved for demolition, will become a parking lot. Check the files yourself to see if there is a reference on future use for this site. Regardless, the prospect of pouring a parking lot east of Ocean Avenue seems a clear point for public comment pro or con.
Note: this contract becomes binding on May 19th, when the council votes. The clock is ticking... We'll do our best by taking comments at AsburyRadio@aol.com and posting them here to expedite a discussion. (Our civil behavior policy will be observed.) The City is considering a public comment opportunity, besides the usual 3 min. limit at public meetings, so that your opinions can be seriously considered by the council. Email City Manager at Terence.Reidy@CityofAsburyPark.com Thanks goes to City Clerk Steve Kay for providing the following files.
Boardwalk Agreement Part#1
Boardwalk Agreement Part#2
Boardwalk Agreement Part#3
Rumors will no doubt fly about the details of the plan. Hopefully having the actual agreement will eliminate a lot of time-wasting false impressions.
One rumor that's making the rounds is that the Sunset Avenue Pavilion, which is approved for demolition, will become a parking lot. Check the files yourself to see if there is a reference on future use for this site. Regardless, the prospect of pouring a parking lot east of Ocean Avenue seems a clear point for public comment pro or con.
Note: this contract becomes binding on May 19th, when the council votes. The clock is ticking... We'll do our best by taking comments at AsburyRadio@aol.com and posting them here to expedite a discussion. (Our civil behavior policy will be observed.) The City is considering a public comment opportunity, besides the usual 3 min. limit at public meetings, so that your opinions can be seriously considered by the council. Email City Manager at Terence.Reidy@CityofAsburyPark.com Thanks goes to City Clerk Steve Kay for providing the following files.
Boardwalk Agreement Part#1
Boardwalk Agreement Part#2
Boardwalk Agreement Part#3
Wednesday, March 10, 2010
Current Waterfront Redeveloper Agreements
These two files, a) Part 1, and b) Part 2, contain the current redeveloper and contribution agreements among the City, Asbury Partners, LLC, Madison Realty Partnership, LLC, and Madison Asbury Retail, LLC (February 2007). Since iStar Financial has taken over the obligations and assets of Asbury Partners LLC, the city is now in private, closed meetings with representatives of iStar, the nature of which is described only as "contract negotiations". It seems reasonable to assume that they are reviewing these existing contracts.
One point I've noticed is that the items for subsequent agreements leave quite a large swath of possibilities (see earlier post), which may be of import to residents here, as well as neighbors.
To reiterate, the city manager distinguished last night's closed deliberations as being limited to the retail business of Madison Marquette on the boardwalk and the company's residential interests in Wesley Grove. Why the retail business would not also involve iStar, which comprises a half of Madison Asbury Retail, is not clear to me.
Note: It is Asbury Radio's position that negotiations between iStar, and other waterfront contractors, with the City should be done before the public. The use of the contract negotiation exemption under the Sunshine Law we feel is an abuse and improper use of the clause, which is intended to allow bodies to plan strategy without the other side of a contract or dispute being privy to its maneuvers. In this case, only the public is left in the dark. Also, recently only the city's attorneys have been meeting with these principals and then advising the council in private. While the legal counsel may be highly qualified, they are not accountable to the public since the public did not elect or appoint them.
One point I've noticed is that the items for subsequent agreements leave quite a large swath of possibilities (see earlier post), which may be of import to residents here, as well as neighbors.
To reiterate, the city manager distinguished last night's closed deliberations as being limited to the retail business of Madison Marquette on the boardwalk and the company's residential interests in Wesley Grove. Why the retail business would not also involve iStar, which comprises a half of Madison Asbury Retail, is not clear to me.
Note: It is Asbury Radio's position that negotiations between iStar, and other waterfront contractors, with the City should be done before the public. The use of the contract negotiation exemption under the Sunshine Law we feel is an abuse and improper use of the clause, which is intended to allow bodies to plan strategy without the other side of a contract or dispute being privy to its maneuvers. In this case, only the public is left in the dark. Also, recently only the city's attorneys have been meeting with these principals and then advising the council in private. While the legal counsel may be highly qualified, they are not accountable to the public since the public did not elect or appoint them.
Wednesday, February 17, 2010
Asbury's Waterfront Gains Another Partner
iStar Loan Losses Less than Feared - Sale of 5% to Uziel
iStar Holds Press Conference at 10 AM Today
iStar's 4th qtr losses at $1.47 a share vs analysts' estimates of $2.03 actually buoyed its stock on exchanges yesterday, closing at $2.94/share on 2/16.
Still it reported its investment income down 43% to $192.1 million compared with $431.6 million the previous year.
The markets may have also been boosted by the recent sale of 5 million shares of iStar to young investor, Ori Uziel, who has offices at 155 Wooster St., in NY. According to Uziel's Facebook pages, he has Facebook friends at iStar among contacts worldwide, including Israel. The share purchase gives Uziel a 5.1% interest in iStar Financial and one can presume some voting weight on matters affecting Asbury Park's redevelopment plans.
In late November, 2009, iStar Financial moved against a nonperforming $70 million loan it had made to Asbury Partners LLC, which owned most of the Asbury Park waterfront, making iStar the current owner of these properties as well as the rights to develop the beachfront.
However, iStar has other bad loans on its books, including a loan to Metro Homes of Hoboken's Dean Geibel for another construction project in Hudson County. Geibel quit his project here, two years ago, to consoldate his efforts up north with Donald Trump. He has publicly maintained his commitment to finish building on the site, called C-8, where a skeleton stood for nearly 15 years after the last redevelopment plan failed in the city. Geibel's ambitious 224-unit condominium project, named Esperanza, sits, just a subsurface garage and one floor, between 3rd and 4th Avenues and Ocean Avenue and Kingsley Street to the east and west.
more tk later
iStar Holds Press Conference at 10 AM Today
iStar's 4th qtr losses at $1.47 a share vs analysts' estimates of $2.03 actually buoyed its stock on exchanges yesterday, closing at $2.94/share on 2/16.
Still it reported its investment income down 43% to $192.1 million compared with $431.6 million the previous year.
The markets may have also been boosted by the recent sale of 5 million shares of iStar to young investor, Ori Uziel, who has offices at 155 Wooster St., in NY. According to Uziel's Facebook pages, he has Facebook friends at iStar among contacts worldwide, including Israel. The share purchase gives Uziel a 5.1% interest in iStar Financial and one can presume some voting weight on matters affecting Asbury Park's redevelopment plans.
In late November, 2009, iStar Financial moved against a nonperforming $70 million loan it had made to Asbury Partners LLC, which owned most of the Asbury Park waterfront, making iStar the current owner of these properties as well as the rights to develop the beachfront.
However, iStar has other bad loans on its books, including a loan to Metro Homes of Hoboken's Dean Geibel for another construction project in Hudson County. Geibel quit his project here, two years ago, to consoldate his efforts up north with Donald Trump. He has publicly maintained his commitment to finish building on the site, called C-8, where a skeleton stood for nearly 15 years after the last redevelopment plan failed in the city. Geibel's ambitious 224-unit condominium project, named Esperanza, sits, just a subsurface garage and one floor, between 3rd and 4th Avenues and Ocean Avenue and Kingsley Street to the east and west.
more tk later
Friday, December 4, 2009
Consultant Has Local Connection to iStar /Asbury Partners
Audiences at City council meetings have watched as councilmembers grew steadily disgusted with Asbury Partners' failure to meet development deadlines of one kind or another over the course of seven years. Officials from time to time fretted over the lack of a letter of credit or other monies not posted by the Partners, and late tax and other payments to the City.
Then one Thanksgiving, while most of the country was praying that beleagured consumers would forget the economy long enough to open their wallets, and the other half sought cheaper living conditions, a front page lead story heralded a new waterfront entity for the City. In this case one who was holding rights to about $70 million in collateral -- i.e.: most of the waterfront.
iStar Financial, of NYC, was that entity, but the source on the story was a mayor from Warren County, who was identified as a consultant with a company named Roseland Advisors, said to be part of Roseland Property, with no physical location given. Tim McDonough, who is also a former president of the League of Municipalities, was very positive about this changing of the guard, if you will. As AP attorney Glenn Scotland explained recently, iStar will simply replace or assume 100% of Asbury Partners Holdings and Cherokee Asbury Park LLC's role in Asbury Partners.
So, who is Tim McDonough, why are we listening to some mayor from a very small community called Hope Twp, way up north, and how did he become the person to "assist" iStar?
There is very little on the internet about Mayor McDonough, despite his nearly 20 years in office. And we weren't able to find any registrations for a Roseland Properties or Property or Advisors. But one local name appeared with McDonoughs' in a significant way.
Jerold L. Zaro, a lead partner in the powerful law firm of Ansell, Zaro, Grimm & Aaron, Aaron being the City's redevelopment litigation attorney (also, our city attorney, Fred Raffetto, is a member of this firm), introduced McDonough to the board of the now defunct NJ Highway Authority. Being chair of the NJHA, which was responsible for the operation of the 173-mile long Garden State Parkway, Zaro's praise was sufficient to land McDonough the exectutive director position.
This was back in August, 2002, when Jim McGreevey was governor. In 2003, McGreevey announced his plan to merge the GSP under the Turnpike, which he did. McDonough became deputy executive director under that combined entity, under executive director Michael Lapolla. (It is now headed by Diane Gutierrez-Scaccetti at a salary of $164,000.)
McDonough's background, reported at the time of his NJHA appointment, was mainly in marketing. He was senior marketing executive of Farmingdale-based PMK Group, which provides waste management engineering and planning services, and before that VP and manager of the Mid-Atlantic Region for A.G. Edwards, a securities brokerage and investment banking company in the US and Europe, for which he also directed marketing.
He has served on numerous boards and in 1995 was voted Mayor of the Year.
Then one Thanksgiving, while most of the country was praying that beleagured consumers would forget the economy long enough to open their wallets, and the other half sought cheaper living conditions, a front page lead story heralded a new waterfront entity for the City. In this case one who was holding rights to about $70 million in collateral -- i.e.: most of the waterfront.
iStar Financial, of NYC, was that entity, but the source on the story was a mayor from Warren County, who was identified as a consultant with a company named Roseland Advisors, said to be part of Roseland Property, with no physical location given. Tim McDonough, who is also a former president of the League of Municipalities, was very positive about this changing of the guard, if you will. As AP attorney Glenn Scotland explained recently, iStar will simply replace or assume 100% of Asbury Partners Holdings and Cherokee Asbury Park LLC's role in Asbury Partners.
So, who is Tim McDonough, why are we listening to some mayor from a very small community called Hope Twp, way up north, and how did he become the person to "assist" iStar?
There is very little on the internet about Mayor McDonough, despite his nearly 20 years in office. And we weren't able to find any registrations for a Roseland Properties or Property or Advisors. But one local name appeared with McDonoughs' in a significant way.
Jerold L. Zaro, a lead partner in the powerful law firm of Ansell, Zaro, Grimm & Aaron, Aaron being the City's redevelopment litigation attorney (also, our city attorney, Fred Raffetto, is a member of this firm), introduced McDonough to the board of the now defunct NJ Highway Authority. Being chair of the NJHA, which was responsible for the operation of the 173-mile long Garden State Parkway, Zaro's praise was sufficient to land McDonough the exectutive director position.
This was back in August, 2002, when Jim McGreevey was governor. In 2003, McGreevey announced his plan to merge the GSP under the Turnpike, which he did. McDonough became deputy executive director under that combined entity, under executive director Michael Lapolla. (It is now headed by Diane Gutierrez-Scaccetti at a salary of $164,000.)
McDonough's background, reported at the time of his NJHA appointment, was mainly in marketing. He was senior marketing executive of Farmingdale-based PMK Group, which provides waste management engineering and planning services, and before that VP and manager of the Mid-Atlantic Region for A.G. Edwards, a securities brokerage and investment banking company in the US and Europe, for which he also directed marketing.
He has served on numerous boards and in 1995 was voted Mayor of the Year.
Wednesday, December 2, 2009
Asbury Park Attorney Explains iStar Plan at Council Meeting Dec 2, 2009
Reporters' Notebook -
Asbury Park City Council Meeting Dec. 2, 2009
Work Session 6:30 PM
Council members Susan Henderson, John Loffredo, James Bruno, Mayor Johnson attending
City Attorney Fred Raffetto – proposals 12, 14, 16 Avenue A
Conflict of interest charge had been raised, ordinance tabled; Draft RFP prepared by his office and Don Sammet, copy to Monmouth Housing Alliance and to Ms. Horvath. Will be advertised for public, deadline 45 days from now or Jan 15th, for prospective developers to meet with City. Decision to be some time after Jan 15th. Seeking council approval for this time schedule and RFP to authorize go out for RFP on development of these 3 lots.
Also, city adopted ord to convey 16 lots to three developers, affordable hsg alliance, Interfaith Neighbors, etc. Affordable had been known as Monmouth Hsg Alliance, difference in name references to Ord. 2914, as record owner of deed, so need this ord for that.
Events tabled tonight.
Comments from Council –
Loffredo streets look great
Mayor Johnson: Wants to thnk fire and police for volunteer work during T-day events
At Kean College Sat. Blue Bishops will play Highland Pk for Group 1 championship, pls give them send off in morning and victory parade after. Holiday toy gift drive here and tree lighting in Fireman’s Park.
Raffetto – 2 items from exec session will be voted on tonight: execute revised agreement with north beach llc/ exec redev agreement bet city and cookman av urban renewal, for Central Business District (CBD) amendment. i.e.: 550 Cookman
Reidy – fireman’s calendar out now, most prof he’s ever seen
Mayor - First up will be discussion of iStar and AP
Asst. City Mgr, James Famularo – request to use city vehicles – see if can use senior bus plus city vehicles to move the team to Fla. City w/ reimburse drivers for gas – it will be under $5,000, with balance having been raised thru efforts of Councilman Bruno. $15,000 for lodging alone, since required for competing teams to stay on Disney grounds. About 6 city employees volunteering as coaches, who will drive – 2 police, 2 fire and Famularo – city’s mechanic recommended they not take city cars due to their mechanical condition.
Instead of public comment tonight we go to presentation by city redev atty Glen Scotland re membership interest in Asbury partners llc sale on Dec. 15th
Scotland –
Foreclosure Proceedings on Asbury Partners’ membership in same.
Article 9 Sec 610 iStar is RE investment co for investing in signif properties/ made loans to APartners, resulting in loan agreement, in excess of $70M, value iStar has put on membership in partners. Evidenced by a note
Secured by following:
mortgage (land)
Assignment of rents
Pledge of membership interests – such as architects, etc.\
Membership interest in the LLC ucc1 statement – gets filed under comm’l code, which deals w/ how u treat, secure and dispose of assets, so article 9 sec 610, says if u hv interest in an intangible asset u w/ insure fairness bet iStar, creditor, and APartners, debtor, that there is fairness. So go to pub sale of the asset giving others opp to bid on prop and estab fair price, i.e. a price discovery process.
Agreements
Unlike share situation, in llc u hv memberhip interests – like a partnership agreement
The agreement was pledged to iStar & Asbury partners, the pledge was for iStar to take over Asbury Partners interests
Most likely iStar’s view is that attendees w/ be lkg for discount, not paying $70M
this represents all APartners own, entitlements agreements w/ the city,
At some pt there w/ be a determination by someone that the value is capped out/ if value is determined to be less than $70m, iStar w/ put in a bid for slightly more than prev hi bid, then iStar w/ buy parcel. Theirs wd be a credit bid, while others wd make a cash bid. It replaces the current members of APartners, tks over rights and obligations.
TReidy: W/ be Q&A –
iStar hs indicated to city and to APPress, that iStar is in this for long haul. Cd accept a discounted bid and get out, but that is not what they have communicated to city or in press release to Nancy Shields, a reporter with the Press. iStar hired roseland advisors as a consultant, reputable, a positive track record, iStar asked them to value this asset, to be sure not being foolish, is it more profitable to hold onto this asset. Roseland said do not sell this at a discount, AP has a future, you’ll get your money out and make a profit. Of course, we agree w/ Roseland, nice to know firm w/ positive reputation in nj feels this way. We’ll know better after the sale is done. We’ll be working with the new Asbury Partners.
Anselm Fusco, of Madison Marquette asked Scotland to say – if iStar controls there won’t be sales of individual properties/ no parceling out, more orderly this way.
WHAT OF THE OTHER INVESTORS – SASS?
QUES-
Q – Pam Lamberton - Do we know who iStar is?
Publicly traded company, can Google them since publicly traded,
Q no familiar faces?
A – very large company
JL: I know what Pam is asking, no, the answer is no.
R Marano – how did APartners get to the pt where it needed to borrow $70M? It sounds like a Carabetta deal.
A – obligations were enormous, acquisition of prop, infrastructure improvements, it’s a lot. Not typical someone wd pay out of equity, typical u wd go out in mktplc and secue lender type financing. Like other RE developer entities throughout country, diff mkt, liquidity, chgs in RE values. It’s clr from press and financial news, not an isolated incident. Encouraged that iStar a major RE entity is interested here.
Q- What about loan on sewer plants
A - Whatever oblig APartners had iStar w/ continue to have
Q- not good reputation
A – we hv full recourse against iStar just as the City wd’ve had against APartners.
Q- they grabbed a lot of land they sh’dn’t hv gotten
A – I take issue with the idea they took more than they should. They hv rights under master plan and redev agreement
Is it nec in this environment? think that’s 1 of ques roseland is asking itself now, we won’t know that until aft sale is complete and we can enter into serious discussions w/ iStar.
Q - Perillo – not sure what you’re saying about liabilities – is iStar assuming all liablialities of Asbury Partners?
A -Rights entitlements and liabilitities – they take all of that.
Q -APartners won’t hv any liabilities?
APartners is a separate legal entity rights and obligations, membership interest w/ change but not the rights and obligations.
Q -Don’t just tk properties but all liabilities
A – Yes.
Q – Horvath – does city have a voice in this at all?
That is offline, perhaps you can hav discussion w/ them on that.
They do hv – iStar – a strategy for mving forward, APPress article on Thanksgiving alluded to the plans ..includes inviting developers, all w/ be done while revisiting diff parts of redev plan, since some parts won’t be feasible in this economy
Q -Nancy Savino – is there a starting bid. Way you explained iStar is simply going to over bid anyone coming in, so why wd anyone else come in?
A – Bidders may believe can get an asset for less than $70m, maybe if can acquire for less can get a windfall,
Q – but your inference is iStar w/ simply overbid
A – IStar not willing to let its interests go, I’m being presumptuous that they intend to be there as the owners of Asbury Partners. I can’t say that is how it will end up, but all indications are that it w/ be the bidder
Q- Rich Karpinski -
We’re stuck in the redev zone – iStar simply lent APartners $70m, why shd redev rights be transferred at this pt?
A – u bought a shre in iStar well now iStar is buying shares in iStar as part of the $70m
Q but not in development business, they screwed up, partners are paying them there shd be zero rights in the transfer
A – to extent those new owners don’t fulfill we’d hv same rights we had under old Asbury partners, don’t hv ability to prevent…when lender is to lend into a project, it wnts the ability to tk over the assets.
Q – what role apartners
A they continue to be master dev for waterfront, only members changed
Q – if they default shdn’t they lose all those rights, eminent domain, etc.
A – apparently reason foreclosure process is ongoing, is because partners in default of its loan to iStar, they are not technically in default to city of AP, that’s a very important point. Outside of the relationship apartners and city have under redev agreement, this is circumstance of default bet partners and their lender.
iStar when this is over will own 100% of Asbury Partners
Q- w/ all due respect this is what I do for a living, but I want to hear this from his perspective
A – Terry explains again the partnership situation/ all the rights and obl of partnership go with the entity.
A – Scotland compares this to 100% shareholder of IBM, corp rights and respon wd still remain.
Q- you’re absolutely right but if I lend IBM money on a building and they don’t pay me, and they default, I take that bldg back.
Q – Scarano – sheriff’s sale?
A – it’s a default not a sheriff’s sale
Q- timetable always asked never ansered
A – based on prelim discussions we had considerations chgs must be made in plan to accomo date mkt chgs, we’re optimistic can be changes to timeframes and commitment.
We think some real opps to do some very positive things. Not that everyone not wkg hrd to achieve goals, mkt impediments to mving forward as rapidly as may hv wanted but now a new chance.
Q – re. eminent domain
A- Hv been some prelim discussions about what is rely being req’d for development, are prop that hv a cloud over them where the issue needs to be lealt w/ sooner than later, this admin is commited to fix that.
A – eminent domain in AP is not going to go away. Policy directive coming from this group that has to be a bit more selective.
Q – [[Didn't get this question. Corrections, clarifications, as always very welcome.]]
A -That is certainly a prime objective.
Q – Ed Simon - was $70m the loan am’t?
A - Notice indicated it was $70+M – reason we’re hvg this discussion is when notice appeared and story there was lot of discussion about what it meant. Folks here know about joe carabetta and lot of history, this is not what that was, much dif situation in our view a grt potential upside.
Q – so basically this is a PR session
A – yes
Q – so will Asbury Partners keep the same cast of characters in this? And if a consortium buys this can they break up into different projects? If iStar doesn’t buy it?
A – Assets for sale are APartners membership shares. If consortium wanted it they wd assume, new owner but same rights and obligations,
Q could they chg the name?
A – yes, they cd change how they operate as long as consistent w/ the current agreement.
Wd hve to bring more money in and acquire dev partners, we’d hv to discuss with iStar but wd expect that. Don’t see where that wd nec change in agreement.
Q-Marano – still don’t understand why APartners will still be involved
A – the entity that is known as Asbury Partners wd continue, changing the name is not really mat’l to the discussion. We hv this agreement, owners cd chg, but aspects of agreement wd not chg.
Q – in article compared this to car being repossessed. Laughter about Nancy Shield’s source’s comment.
Q – Teretha Jones – you’re in foreclosure, jst like going to McDonald’s and buying a franchise. Let’s move on w/ rest of meeting
.
Public Session –
Q – Marano -Why do we hv to pass a residency ordinance? What was minor change and why hv to do it.
Reidy – existing ord is overly restrictive, prevents AP from getting mst talented people to wk for the city.
Q -RM – do kids get signed permission slips to go to Fla?
A – yes
Q – why do we pay travel and tuition expense when employees take a class? Why not wait until after completed?
A – we don’t – this is for training, not individual development.
Q – Employees are always takg courses and then leaving.
Q- RM – Jimmy – did you get answers you requested re. employees tkg cars home?
A – no not yet.
Q -Frank Stafflex – light out on Bangs Ave bet Dewitt and Bridge/ sign no pkg on bangs on Mondays, can it be suspended on holidays?
Q – Ava Horvath – re. rfp opening for bid on Jan 15th, decision to hold back bid on the 3 properties was based on Ms. Samuels’ conflict of interest. Don’t know why props hv been thrown into a pool for everyone to bid on again. Keeps being emphasized ques regarding my financials
A – Mayor Johnson – time and again I’ve sat here and been asked give us a chance, this is your chance. I don’t want to hear on Jan 15th oh it’s unfair, the conflict if there was one has been cured. You’ve said many times you’ve been working on this for 10 yrs, this is your chance.
Q – Jerry Scarano – ques read in paper, pos lawsuit - worker’s comp case/ w/ city have to pay medical bills
A – first allegation that that happened was something alleged happened 10 yrs ago, so no (there won’t be a disciplinary action).
Formal –
Acceptance of minutes – Johnson abstained on meeting when he was absent/ Sanders is not here again.
Bill Resolutions approved.
2010 bingo license – Harold Daly Post,
Jim Henry – planning board appr’d as Mayor’s appt
Scott Wilson – Loffredo recommended to planning board to fill Alper’s spot
Contract w/ VNACNJ approved.
Metro company for $15k / 5 yr plan/ app’d
Approved discharge of mortgage
Barbara Knight
James Dilione
Crystal Wilks
(missing one)
Jose Montecino Settlement $36, 700.
Professional contract Art Grossman, $19,985. video surveillance installation project mgmt
Resolution – execution of redev agreement between city and urban renewal llc, in cbd area, will entail amendment to CBD. “To bring back the 500 block of Cookman.”
Ordinances to be introduced next meeting
Authorize city of ap provide easement 603-605 madison av
Amend 2913, sept 2 2009, certain properties in Stars area
Ordinance approving exec revised financial agreement bet city and North Beach
Personnel policies ord – heard tonight
In ordinance says police and firemen are exempt? Don’t they have to live in this city?
TR – hv to live here to apply but then they can move. It’s upside down. State law prohibits city from requiring them to remain here. So ordinance does not affect police and fire. All others w/ not be required to live in the city, although applicants from city will be considered first. Want to have the most talented apply.
Ordinance passed
Next ordinance, re. code enforcement fees to rise – no one comments – ordinance passes
Ordinance to amend CBD,
Q – I know this if or Carter Sackman, he does good work, but shouldn’t he be required to pay his taxes before we pass this amendment?
Mr. Sackman is not a scofflaw in this city. I ended up on the tax list because I missed my sewer bill. Will he pay that, yes he will. Collection rate is 99.6% - anyone including Mr. Sackman will hav to pay tax lien if it comes to that plus 18% interest.
Q – Tjones – stipulation in here for residential vs non-residential, residents living above shops, etc.
A – since first day I met w/ this grp it’s been constant topic…hope to iron it out. Zoning was mixed use, preference was very clear for retail on first floor and residential above. As we mv forward how we reach accommodations on this problem.
TR – the mixed use issue, noise, it’s not being addressed in this ordinance tonight. But certainly during informal mtg of PBd, one issue talked about was how buildings can be sound-proofed going forward, Tripp Brooks, on of developers involved is in audience tonight.
Minor changes made to amendments, as per Don Sammet, city dir of planning and redevelopment.
Asbury Park City Council Meeting Dec. 2, 2009
Work Session 6:30 PM
Council members Susan Henderson, John Loffredo, James Bruno, Mayor Johnson attending
City Attorney Fred Raffetto – proposals 12, 14, 16 Avenue A
Conflict of interest charge had been raised, ordinance tabled; Draft RFP prepared by his office and Don Sammet, copy to Monmouth Housing Alliance and to Ms. Horvath. Will be advertised for public, deadline 45 days from now or Jan 15th, for prospective developers to meet with City. Decision to be some time after Jan 15th. Seeking council approval for this time schedule and RFP to authorize go out for RFP on development of these 3 lots.
Also, city adopted ord to convey 16 lots to three developers, affordable hsg alliance, Interfaith Neighbors, etc. Affordable had been known as Monmouth Hsg Alliance, difference in name references to Ord. 2914, as record owner of deed, so need this ord for that.
Events tabled tonight.
Comments from Council –
Loffredo streets look great
Mayor Johnson: Wants to thnk fire and police for volunteer work during T-day events
At Kean College Sat. Blue Bishops will play Highland Pk for Group 1 championship, pls give them send off in morning and victory parade after. Holiday toy gift drive here and tree lighting in Fireman’s Park.
Raffetto – 2 items from exec session will be voted on tonight: execute revised agreement with north beach llc/ exec redev agreement bet city and cookman av urban renewal, for Central Business District (CBD) amendment. i.e.: 550 Cookman
Reidy – fireman’s calendar out now, most prof he’s ever seen
Mayor - First up will be discussion of iStar and AP
Asst. City Mgr, James Famularo – request to use city vehicles – see if can use senior bus plus city vehicles to move the team to Fla. City w/ reimburse drivers for gas – it will be under $5,000, with balance having been raised thru efforts of Councilman Bruno. $15,000 for lodging alone, since required for competing teams to stay on Disney grounds. About 6 city employees volunteering as coaches, who will drive – 2 police, 2 fire and Famularo – city’s mechanic recommended they not take city cars due to their mechanical condition.
Instead of public comment tonight we go to presentation by city redev atty Glen Scotland re membership interest in Asbury partners llc sale on Dec. 15th
Scotland –
Foreclosure Proceedings on Asbury Partners’ membership in same.
Article 9 Sec 610 iStar is RE investment co for investing in signif properties/ made loans to APartners, resulting in loan agreement, in excess of $70M, value iStar has put on membership in partners. Evidenced by a note
Secured by following:
mortgage (land)
Assignment of rents
Pledge of membership interests – such as architects, etc.\
Membership interest in the LLC ucc1 statement – gets filed under comm’l code, which deals w/ how u treat, secure and dispose of assets, so article 9 sec 610, says if u hv interest in an intangible asset u w/ insure fairness bet iStar, creditor, and APartners, debtor, that there is fairness. So go to pub sale of the asset giving others opp to bid on prop and estab fair price, i.e. a price discovery process.
Agreements
Unlike share situation, in llc u hv memberhip interests – like a partnership agreement
The agreement was pledged to iStar & Asbury partners, the pledge was for iStar to take over Asbury Partners interests
Most likely iStar’s view is that attendees w/ be lkg for discount, not paying $70M
this represents all APartners own, entitlements agreements w/ the city,
At some pt there w/ be a determination by someone that the value is capped out/ if value is determined to be less than $70m, iStar w/ put in a bid for slightly more than prev hi bid, then iStar w/ buy parcel. Theirs wd be a credit bid, while others wd make a cash bid. It replaces the current members of APartners, tks over rights and obligations.
TReidy: W/ be Q&A –
iStar hs indicated to city and to APPress, that iStar is in this for long haul. Cd accept a discounted bid and get out, but that is not what they have communicated to city or in press release to Nancy Shields, a reporter with the Press. iStar hired roseland advisors as a consultant, reputable, a positive track record, iStar asked them to value this asset, to be sure not being foolish, is it more profitable to hold onto this asset. Roseland said do not sell this at a discount, AP has a future, you’ll get your money out and make a profit. Of course, we agree w/ Roseland, nice to know firm w/ positive reputation in nj feels this way. We’ll know better after the sale is done. We’ll be working with the new Asbury Partners.
Anselm Fusco, of Madison Marquette asked Scotland to say – if iStar controls there won’t be sales of individual properties/ no parceling out, more orderly this way.
WHAT OF THE OTHER INVESTORS – SASS?
QUES-
Q – Pam Lamberton - Do we know who iStar is?
Publicly traded company, can Google them since publicly traded,
Q no familiar faces?
A – very large company
JL: I know what Pam is asking, no, the answer is no.
R Marano – how did APartners get to the pt where it needed to borrow $70M? It sounds like a Carabetta deal.
A – obligations were enormous, acquisition of prop, infrastructure improvements, it’s a lot. Not typical someone wd pay out of equity, typical u wd go out in mktplc and secue lender type financing. Like other RE developer entities throughout country, diff mkt, liquidity, chgs in RE values. It’s clr from press and financial news, not an isolated incident. Encouraged that iStar a major RE entity is interested here.
Q- What about loan on sewer plants
A - Whatever oblig APartners had iStar w/ continue to have
Q- not good reputation
A – we hv full recourse against iStar just as the City wd’ve had against APartners.
Q- they grabbed a lot of land they sh’dn’t hv gotten
A – I take issue with the idea they took more than they should. They hv rights under master plan and redev agreement
Is it nec in this environment? think that’s 1 of ques roseland is asking itself now, we won’t know that until aft sale is complete and we can enter into serious discussions w/ iStar.
Q - Perillo – not sure what you’re saying about liabilities – is iStar assuming all liablialities of Asbury Partners?
A -Rights entitlements and liabilitities – they take all of that.
Q -APartners won’t hv any liabilities?
APartners is a separate legal entity rights and obligations, membership interest w/ change but not the rights and obligations.
Q -Don’t just tk properties but all liabilities
A – Yes.
Q – Horvath – does city have a voice in this at all?
That is offline, perhaps you can hav discussion w/ them on that.
They do hv – iStar – a strategy for mving forward, APPress article on Thanksgiving alluded to the plans ..includes inviting developers, all w/ be done while revisiting diff parts of redev plan, since some parts won’t be feasible in this economy
Q -Nancy Savino – is there a starting bid. Way you explained iStar is simply going to over bid anyone coming in, so why wd anyone else come in?
A – Bidders may believe can get an asset for less than $70m, maybe if can acquire for less can get a windfall,
Q – but your inference is iStar w/ simply overbid
A – IStar not willing to let its interests go, I’m being presumptuous that they intend to be there as the owners of Asbury Partners. I can’t say that is how it will end up, but all indications are that it w/ be the bidder
Q- Rich Karpinski -
We’re stuck in the redev zone – iStar simply lent APartners $70m, why shd redev rights be transferred at this pt?
A – u bought a shre in iStar well now iStar is buying shares in iStar as part of the $70m
Q but not in development business, they screwed up, partners are paying them there shd be zero rights in the transfer
A – to extent those new owners don’t fulfill we’d hv same rights we had under old Asbury partners, don’t hv ability to prevent…when lender is to lend into a project, it wnts the ability to tk over the assets.
Q – what role apartners
A they continue to be master dev for waterfront, only members changed
Q – if they default shdn’t they lose all those rights, eminent domain, etc.
A – apparently reason foreclosure process is ongoing, is because partners in default of its loan to iStar, they are not technically in default to city of AP, that’s a very important point. Outside of the relationship apartners and city have under redev agreement, this is circumstance of default bet partners and their lender.
iStar when this is over will own 100% of Asbury Partners
Q- w/ all due respect this is what I do for a living, but I want to hear this from his perspective
A – Terry explains again the partnership situation/ all the rights and obl of partnership go with the entity.
A – Scotland compares this to 100% shareholder of IBM, corp rights and respon wd still remain.
Q- you’re absolutely right but if I lend IBM money on a building and they don’t pay me, and they default, I take that bldg back.
Q – Scarano – sheriff’s sale?
A – it’s a default not a sheriff’s sale
Q- timetable always asked never ansered
A – based on prelim discussions we had considerations chgs must be made in plan to accomo date mkt chgs, we’re optimistic can be changes to timeframes and commitment.
We think some real opps to do some very positive things. Not that everyone not wkg hrd to achieve goals, mkt impediments to mving forward as rapidly as may hv wanted but now a new chance.
Q – re. eminent domain
A- Hv been some prelim discussions about what is rely being req’d for development, are prop that hv a cloud over them where the issue needs to be lealt w/ sooner than later, this admin is commited to fix that.
A – eminent domain in AP is not going to go away. Policy directive coming from this group that has to be a bit more selective.
Q – [[Didn't get this question. Corrections, clarifications, as always very welcome.]]
A -That is certainly a prime objective.
Q – Ed Simon - was $70m the loan am’t?
A - Notice indicated it was $70+M – reason we’re hvg this discussion is when notice appeared and story there was lot of discussion about what it meant. Folks here know about joe carabetta and lot of history, this is not what that was, much dif situation in our view a grt potential upside.
Q – so basically this is a PR session
A – yes
Q – so will Asbury Partners keep the same cast of characters in this? And if a consortium buys this can they break up into different projects? If iStar doesn’t buy it?
A – Assets for sale are APartners membership shares. If consortium wanted it they wd assume, new owner but same rights and obligations,
Q could they chg the name?
A – yes, they cd change how they operate as long as consistent w/ the current agreement.
Wd hve to bring more money in and acquire dev partners, we’d hv to discuss with iStar but wd expect that. Don’t see where that wd nec change in agreement.
Q-Marano – still don’t understand why APartners will still be involved
A – the entity that is known as Asbury Partners wd continue, changing the name is not really mat’l to the discussion. We hv this agreement, owners cd chg, but aspects of agreement wd not chg.
Q – in article compared this to car being repossessed. Laughter about Nancy Shield’s source’s comment.
Q – Teretha Jones – you’re in foreclosure, jst like going to McDonald’s and buying a franchise. Let’s move on w/ rest of meeting
.
Public Session –
Q – Marano -Why do we hv to pass a residency ordinance? What was minor change and why hv to do it.
Reidy – existing ord is overly restrictive, prevents AP from getting mst talented people to wk for the city.
Q -RM – do kids get signed permission slips to go to Fla?
A – yes
Q – why do we pay travel and tuition expense when employees take a class? Why not wait until after completed?
A – we don’t – this is for training, not individual development.
Q – Employees are always takg courses and then leaving.
Q- RM – Jimmy – did you get answers you requested re. employees tkg cars home?
A – no not yet.
Q -Frank Stafflex – light out on Bangs Ave bet Dewitt and Bridge/ sign no pkg on bangs on Mondays, can it be suspended on holidays?
Q – Ava Horvath – re. rfp opening for bid on Jan 15th, decision to hold back bid on the 3 properties was based on Ms. Samuels’ conflict of interest. Don’t know why props hv been thrown into a pool for everyone to bid on again. Keeps being emphasized ques regarding my financials
A – Mayor Johnson – time and again I’ve sat here and been asked give us a chance, this is your chance. I don’t want to hear on Jan 15th oh it’s unfair, the conflict if there was one has been cured. You’ve said many times you’ve been working on this for 10 yrs, this is your chance.
Q – Jerry Scarano – ques read in paper, pos lawsuit - worker’s comp case/ w/ city have to pay medical bills
A – first allegation that that happened was something alleged happened 10 yrs ago, so no (there won’t be a disciplinary action).
Formal –
Acceptance of minutes – Johnson abstained on meeting when he was absent/ Sanders is not here again.
Bill Resolutions approved.
2010 bingo license – Harold Daly Post,
Jim Henry – planning board appr’d as Mayor’s appt
Scott Wilson – Loffredo recommended to planning board to fill Alper’s spot
Contract w/ VNACNJ approved.
Metro company for $15k / 5 yr plan/ app’d
Approved discharge of mortgage
Barbara Knight
James Dilione
Crystal Wilks
(missing one)
Jose Montecino Settlement $36, 700.
Professional contract Art Grossman, $19,985. video surveillance installation project mgmt
Resolution – execution of redev agreement between city and urban renewal llc, in cbd area, will entail amendment to CBD. “To bring back the 500 block of Cookman.”
Ordinances to be introduced next meeting
Authorize city of ap provide easement 603-605 madison av
Amend 2913, sept 2 2009, certain properties in Stars area
Ordinance approving exec revised financial agreement bet city and North Beach
Personnel policies ord – heard tonight
In ordinance says police and firemen are exempt? Don’t they have to live in this city?
TR – hv to live here to apply but then they can move. It’s upside down. State law prohibits city from requiring them to remain here. So ordinance does not affect police and fire. All others w/ not be required to live in the city, although applicants from city will be considered first. Want to have the most talented apply.
Ordinance passed
Next ordinance, re. code enforcement fees to rise – no one comments – ordinance passes
Ordinance to amend CBD,
Q – I know this if or Carter Sackman, he does good work, but shouldn’t he be required to pay his taxes before we pass this amendment?
Mr. Sackman is not a scofflaw in this city. I ended up on the tax list because I missed my sewer bill. Will he pay that, yes he will. Collection rate is 99.6% - anyone including Mr. Sackman will hav to pay tax lien if it comes to that plus 18% interest.
Q – Tjones – stipulation in here for residential vs non-residential, residents living above shops, etc.
A – since first day I met w/ this grp it’s been constant topic…hope to iron it out. Zoning was mixed use, preference was very clear for retail on first floor and residential above. As we mv forward how we reach accommodations on this problem.
TR – the mixed use issue, noise, it’s not being addressed in this ordinance tonight. But certainly during informal mtg of PBd, one issue talked about was how buildings can be sound-proofed going forward, Tripp Brooks, on of developers involved is in audience tonight.
Minor changes made to amendments, as per Don Sammet, city dir of planning and redevelopment.
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