Click here to read what the arbitration Judge decided in his opinion on the dispute between Asbury Park and Asbury Partners (now iStar Financial). Then, if you haven't, check the judge's statement against the impact it has on the City, as per city redevelopment attorney Jimmy Aaron's presentation before the Council Meeting last night (7/21/11). And feel free to post comments or send emails to asburyradio@aol.com and we will post them here.
Thanks,
Maureen
PS -- Coming next: audit reports of City and Housing Authority.
- The Voice of Asbury Park ~ matters vital to justice, environment, equality, culture and pursuit of happiness.
Showing posts with label Waterfront redevelopment agreement and plan. Show all posts
Showing posts with label Waterfront redevelopment agreement and plan. Show all posts
Thursday, July 21, 2011
Wednesday, July 20, 2011
What the Waterfront Redev Arbitrator Decided...
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
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
Monday, March 21, 2011
City Has its Own 'Concept' of a New Waterfront Redevelopment Plan
From AsburyRadio - March 21, 2011
The dozen plus members of a new Waterfront Redevelopment Advisory Board, formed to let stakeholders representing all concerned factions direct how the City's WR plan should be amended, apparently will have a roadmap of sorts to work from when it meets for the first time this Wednesday night, March 23rd.
In August the City's Waterfront Redevelopment Subcommittee, made up of councilmembers Kevin Sanders and James Bruno, city manager Terrence Reidy, and the three of the City's attorneys, completed a 47-page 'Concepts' report prepared by Don Sammet, the City's Director of Planning and Redevelopment with the aid of Barbara VanWagner, the City's Zoning Officer, listed in the report as an assistant planner to Sammet. The "Waterfront Redevelopment Plan City Concepts" report (below) was presented with other court papers as part of the City's unsuccessful February 18th efforts to regain its redevelopment rights to the waterfront from Asbury Partners' successor iStar Financial of New York.
The public committee or board, it's been referred to various ways, is comprised of volunteers made up of more than a dozen residents, business owners, Thomas H. Neff , a representative of the State's Dept. of Community Affairs, which aids the City's redevelopment through its Div. of Local Government Services and the City's debt through the Dept's Local Finance Board, North Beach and Wesley Grove communities, iStar/Asbury Partners, city employees, elected officials and city boards (see below). Click here to view the 'Concepts' report.
[[[From Asbury Radio's Reporter's Notebook- March 2, 2011 Council Meeting: names for Redeveloopment Board- representing council: SHenderson and J Loffredo, representing developers/rights holders: Asbury Partners/iStar Financial, Madison Marquette, Madison Asbury Retail llc, Terry Reidy, Don Sammett, redevelopment director and planner for City, James Henry representing the Sustainability committee (Henry has been replaced by Thomas H. Neff of Local Gov't Services), Dan DiBennedetto, representing the Planning Board/Volunteers from residents: Tony Perillo, Dan Scianameo, Joanne Mazur resident of Asbury Tower, Denise Richardson one of two at-large members, restauranteurs Marilyn Schlossbach and Russell Lewis. 15 spots, at least 45 applied.]]]
The dozen plus members of a new Waterfront Redevelopment Advisory Board, formed to let stakeholders representing all concerned factions direct how the City's WR plan should be amended, apparently will have a roadmap of sorts to work from when it meets for the first time this Wednesday night, March 23rd.
In August the City's Waterfront Redevelopment Subcommittee, made up of councilmembers Kevin Sanders and James Bruno, city manager Terrence Reidy, and the three of the City's attorneys, completed a 47-page 'Concepts' report prepared by Don Sammet, the City's Director of Planning and Redevelopment with the aid of Barbara VanWagner, the City's Zoning Officer, listed in the report as an assistant planner to Sammet. The "Waterfront Redevelopment Plan City Concepts" report (below) was presented with other court papers as part of the City's unsuccessful February 18th efforts to regain its redevelopment rights to the waterfront from Asbury Partners' successor iStar Financial of New York.
The public committee or board, it's been referred to various ways, is comprised of volunteers made up of more than a dozen residents, business owners, Thomas H. Neff , a representative of the State's Dept. of Community Affairs, which aids the City's redevelopment through its Div. of Local Government Services and the City's debt through the Dept's Local Finance Board, North Beach and Wesley Grove communities, iStar/Asbury Partners, city employees, elected officials and city boards (see below). Click here to view the 'Concepts' report.
[[[From Asbury Radio's Reporter's Notebook- March 2, 2011 Council Meeting: names for Redeveloopment Board- representing council: SHenderson and J Loffredo, representing developers/rights holders: Asbury Partners/iStar Financial, Madison Marquette, Madison Asbury Retail llc, Terry Reidy, Don Sammett, redevelopment director and planner for City, James Henry representing the Sustainability committee (Henry has been replaced by Thomas H. Neff of Local Gov't Services), Dan DiBennedetto, representing the Planning Board/Volunteers from residents: Tony Perillo, Dan Scianameo, Joanne Mazur resident of Asbury Tower, Denise Richardson one of two at-large members, restauranteurs Marilyn Schlossbach and Russell Lewis. 15 spots, at least 45 applied.]]]
Wednesday, March 2, 2011
Council Appoints Waterfront Redevelopment Board - Mar 2, 2011
Welcome to Asbury Radio's Reporters' Notebook
Corrections, spellings, additions, welcome...at asburyradio@aol.com
Present: Council members Susan Henderson and James Bruno, Deputy Mayor John Loffredo and Mayor Ed Johnson - Clerk Steve Kay Absent: former mayor council member Kevin Sanders;
Asbury Park Council meeting – March 2, 2011
Reporter very late tonight – After Workshop -- Apologies, but good cause: see http://www.newjerseynewsroom.com/ the Munis Trading Like Mortgages story
City Seeks Donations for July 4th Parade
City Passes Resolution to Hold Referendum on Lifting Cap if Necessary
Waterfront Advisory Board Chosen
Stricter Pay to Play Ordinance Passed
Johnny Mack's Request to use parking lot for overflow 3/12 & 3/17 rejected after CM told Loffredo old car, a prop in lot, hasn't been removed.
Bruno asks for flatbeds to be used for floats, money for fireworks from AP Chamber of Commerce, city merchants, Madison Marquette, etc.
We caught the tale end of Commerce Director Tom Gilmour's report to the council. There is a new Vodka manufacturer that would like to create a vodka for Asbury Park. Gilmour says they did this for Brooklyn and the borough made money every time the company sold a bottle. See agenda on website for events, which were later approved by the council. Gilmour asked for and was approved expenditure for marketing. Amount ? To come for UEZ funds ? Took place before we arrived.
City Attorney Fred Raffetto - 2 items from executive session will be voted on tonight: a resolution to authorize council to resolve issue re. Tanya Peteete and collective bargaining agreement with city police.
Auth city mgr side bar agreement w/ pba #6 and local #6 for contractually agreements 2010 and 2011
Waterfront litigation attorney James Aaron – re. results of hearing before Lawrence Lawson
Court issued opinion directed dispute between city and Asbury Partners/iStar Financial …proceed thru arbitration process. Council asked him to advise pub time frames w/ be used for arbitration – arb clause in contract from 2002 Waterfront Redevelopment Agreement, state hrgs begin w/in 90 days of demand for arb/(we're within the period now) conclude w/in 120 days of demand for arb/ limits can’t be extended unless... and then only for 30 days/ arb rules arb award mst be entered max 30 days from when hrgs concluded/ timeframe under which city w/ operate/ court issued gag order forbidding conveying any other information.
Pub Comment –
Rita Marano, 8th Ave
Can’t we ask how many lawyers and how much cost?
City Mgr Terry Reidy – 2 attys representing city, 4 rep APartners/ no bill yet to give u what that cost us to date/
RM – so that was from the $250k we borrowed to go to crt right
TR – yes that was $250,000 for( legal rep) [TR later confirmed that the court appearance did NOT deplete the full legal retainer bonded for last month.]
TR -City took very strong assertive approach to …iStar that iStar was in default and there was no cure for their default/ that’s why we went/ had city been successful at this pt we’d hv more control over wtrfrnt right now / city chose to tk right move, more assertive position, we’d hv been further along, but we're further than had we not gone to court
EJ – days of this City laying down and not fighting are over…we’re not going to surrender AP again.
RM – u don’t do it when we don’t hv the money
I say no to referendum/ why do we hv to do that?
TR – this resolution gov body voting on this evening doesn’t req city to go to ref. State of NJ set down very strict timeframes/ and we don’t know, as we never do, exactly what state aid is going to be/ recommended to all needy communities aid w/ be there. Does not mean council is voting tonight/ jst keep us eligible if the policy decision - to raise the 2% State Mandated tax cap -- becomes necessary to meet the operating budget/
EJ – not a procedure coming for months, was brought to all our attention…
RM – why are we spending UEZ funds on mktg why not fire engine?
EJ – that’s what we’re doing
Myra Campbell –
Bd of Ed has a time clock so people can see when time is up for spkg, suggest do that.
Flyers shouldn’t be placed in mailboxes.
Lst mtg asked q diff skill set for indiv employed for diff positions, chgs when becom mgrs. Terry I didn’t hear your full explanations. Maybe u cd repeat when i[m done. Drain on DeWitt hasn’t been covered to keep stones, etc from clogging up. Also curbs…when torn up not same concern to plc planks for residents/ health safety issue/
Overflow issue/
City Engineer and Supt of Public Works Brian Grant – on flood w/ reach out to project mgr/ planks hvn’t done, only when pour fresh contcrete, stabilize area/
TR – specialized mgmt skills – in all depts., espec pol and fire for starters/ trng op avail to pol and fire/ as promoted from rank to rank tests hav to pass/ studying goes on/ skill sets to handle employee issues, mgmt etc. there’s a program, certified pub mgmt program he also went thru/ started by gov jimmy carter/ rigorous program, 6 wks/ Ans to q lot of emphasis in this org on trang, espec for individuals tkg on more obligations/ designed spec for publ wks/ certified pw mgrs program (BG supplied)
MC – BoEd mtg is tonight people can’t attend both/ residents lkg for someone to oversee construction not for them to oversee themselves
Sylvia Brown –
Effects of cut in transportation for seniors/ it’s not jst a ride/ some things sen being deprived of, arobic classes, visits to museums, hayrides, wlkg in malls, camaraderie and laughter, communication regarding comm. issues and programs, feeling o safety during bus rides/ feeling we’re worlthwhile Asbury citizens. Hv been reassured by city mgr/ support us s we can support you// we may jst need a ride to the polling place.
EJ – as CM told you we are in process of securing driver for senior bus.
Jerry Scarano – suggestion – social media is good way of getting name out there/
As a realtor, type name of jersey shore goes right to a realtor’s site/ saying need to make it so when hit jersey shore goes to a state site/ coupons at train station to get people come here/ greeters to direct people to spnd money here/ subway signs on NY trains/ s/be part of the mktg program/ sorry Jim havg trbl getting contrib. for 4th of july/ Coca cola, wells fargo shd be asked, go to another level of suppliers/ we don’t hv any mtgs wh cd meet council members and chat/ I thnk one on one cd get
EJ – cd we count on Exit realty paying for fireworks?
GS – no too poor
EJ – we hv directional signage going up this summer.
Denise Richardson – 30 Ridge Ave
Valentines party for seniors was huge success. Need clarification infrastructure/ notice needs to be clarified as to which side of ridge takg about/
Duane Small – 1304 mattison av
Reading newspaper on internet/ seen adult shot juvenile in back fatally on Asbury ave only getting 12 yrs and only has to do 10 ½ yrs/ A lot young kids out there may think can do something like that and only get 10 yrs / prosecutor shdn’t hv allowed that / continues crime in Asbury Pk/ Young guy had gun in court/ he was beefin’ w/ guy in court/ [he describes the threat man made outside courtroom]I‘m
Tired from work but had to come down here to say pls mayor lets do something about this.
Move to cls public comment
Mins approved
Payroll res feb 16 – 28 $845,048.05
$331,000. ?
Resolutions –
Special events as per Gilmour – all yes
3 applic app’d by polic dept/ Johnny macks extend license for pkg lot for St.
Pat’s event, 3/12 and 3/17/
Discussion – J Loffredo – did they move car from outside premises/
TR – no,
JL – then no
Susan Henderson – no
Bruno – no
EJ – yes
Request voted down.
Appts/ Reappts
names for Redeveloopment Board- SHenderson and J Loffredo, representing council, Asbury Partners, Madison Marquette Retail, Terry Reidy, Don Sammett, redevelopment director and planner for City, James Henry representing the Sustainability committee, Dan DiBennedetto, representing the Planning Board/Tony Perillo, Dan Scianameo, Joanne Mazur resident of AT, Denise Richardson one of two at large members, restauranteurs Marilyn Schlossbach and Russell Lewis. 15 spots, at least 45 applied.
Tanya Peteete -v polic dept/ $1500 to Peteete/ discussion took place in closed session -- all yes
Sidebar agreement w/ local #6 - TR: all res important this specially agreement between SOA and PBA covered 2008,09,10 //we objected to arbitration award, city lost and it was given to our pol officers/ prob not whther deserved but cdn’t afford it/ if std wd’ve been layoffs in pol dept/ agreement now tks 3 yr agreement and extends it 2 add’l yrs/ pol dep accept for those 2 zero sal increase/ all OT wk’d in 2011, in compensary time/ $5k+ savings to city/ saves city $900k+ in 2011/ demonstrates willingness of our pol off to come to table and recog hard times we’re in/
All yes –
Res re DS –
UEZ - $10k mktg program/ yr 9 $15k - all yes
Re. Mayor – sean kean / urge DOD to make prep facility at Ft. Mon/ all yest
Publication of mail in ballots for a potential referendum
Ord establ new regs for contrib. to muni cand/ public contract /Explanation:
FR – req’t of MOU/ city had to adopt pay to play ord as stringent as Jcity’s / ours adopted in 04/ but form been updated by Citizens… version city has adopted more stringent/ as condition of funding we rec’d we’re considering adopting this/
no public comment -
all yes
Adjourned
Corrections, spellings, additions, welcome...at asburyradio@aol.com
Present: Council members Susan Henderson and James Bruno, Deputy Mayor John Loffredo and Mayor Ed Johnson - Clerk Steve Kay Absent: former mayor council member Kevin Sanders;
Asbury Park Council meeting – March 2, 2011
Reporter very late tonight – After Workshop -- Apologies, but good cause: see http://www.newjerseynewsroom.com/ the Munis Trading Like Mortgages story
City Seeks Donations for July 4th Parade
City Passes Resolution to Hold Referendum on Lifting Cap if Necessary
Waterfront Advisory Board Chosen
Stricter Pay to Play Ordinance Passed
Johnny Mack's Request to use parking lot for overflow 3/12 & 3/17 rejected after CM told Loffredo old car, a prop in lot, hasn't been removed.
Bruno asks for flatbeds to be used for floats, money for fireworks from AP Chamber of Commerce, city merchants, Madison Marquette, etc.
We caught the tale end of Commerce Director Tom Gilmour's report to the council. There is a new Vodka manufacturer that would like to create a vodka for Asbury Park. Gilmour says they did this for Brooklyn and the borough made money every time the company sold a bottle. See agenda on website for events, which were later approved by the council. Gilmour asked for and was approved expenditure for marketing. Amount ? To come for UEZ funds ? Took place before we arrived.
City Attorney Fred Raffetto - 2 items from executive session will be voted on tonight: a resolution to authorize council to resolve issue re. Tanya Peteete and collective bargaining agreement with city police.
Auth city mgr side bar agreement w/ pba #6 and local #6 for contractually agreements 2010 and 2011
Waterfront litigation attorney James Aaron – re. results of hearing before Lawrence Lawson
Court issued opinion directed dispute between city and Asbury Partners/iStar Financial …proceed thru arbitration process. Council asked him to advise pub time frames w/ be used for arbitration – arb clause in contract from 2002 Waterfront Redevelopment Agreement, state hrgs begin w/in 90 days of demand for arb/(we're within the period now) conclude w/in 120 days of demand for arb/ limits can’t be extended unless... and then only for 30 days/ arb rules arb award mst be entered max 30 days from when hrgs concluded/ timeframe under which city w/ operate/ court issued gag order forbidding conveying any other information.
Pub Comment –
Rita Marano, 8th Ave
Can’t we ask how many lawyers and how much cost?
City Mgr Terry Reidy – 2 attys representing city, 4 rep APartners/ no bill yet to give u what that cost us to date/
RM – so that was from the $250k we borrowed to go to crt right
TR – yes that was $250,000 for( legal rep) [TR later confirmed that the court appearance did NOT deplete the full legal retainer bonded for last month.]
TR -City took very strong assertive approach to …iStar that iStar was in default and there was no cure for their default/ that’s why we went/ had city been successful at this pt we’d hv more control over wtrfrnt right now / city chose to tk right move, more assertive position, we’d hv been further along, but we're further than had we not gone to court
EJ – days of this City laying down and not fighting are over…we’re not going to surrender AP again.
RM – u don’t do it when we don’t hv the money
I say no to referendum/ why do we hv to do that?
TR – this resolution gov body voting on this evening doesn’t req city to go to ref. State of NJ set down very strict timeframes/ and we don’t know, as we never do, exactly what state aid is going to be/ recommended to all needy communities aid w/ be there. Does not mean council is voting tonight/ jst keep us eligible if the policy decision - to raise the 2% State Mandated tax cap -- becomes necessary to meet the operating budget/
EJ – not a procedure coming for months, was brought to all our attention…
RM – why are we spending UEZ funds on mktg why not fire engine?
EJ – that’s what we’re doing
Myra Campbell –
Bd of Ed has a time clock so people can see when time is up for spkg, suggest do that.
Flyers shouldn’t be placed in mailboxes.
Lst mtg asked q diff skill set for indiv employed for diff positions, chgs when becom mgrs. Terry I didn’t hear your full explanations. Maybe u cd repeat when i[m done. Drain on DeWitt hasn’t been covered to keep stones, etc from clogging up. Also curbs…when torn up not same concern to plc planks for residents/ health safety issue/
Overflow issue/
City Engineer and Supt of Public Works Brian Grant – on flood w/ reach out to project mgr/ planks hvn’t done, only when pour fresh contcrete, stabilize area/
TR – specialized mgmt skills – in all depts., espec pol and fire for starters/ trng op avail to pol and fire/ as promoted from rank to rank tests hav to pass/ studying goes on/ skill sets to handle employee issues, mgmt etc. there’s a program, certified pub mgmt program he also went thru/ started by gov jimmy carter/ rigorous program, 6 wks/ Ans to q lot of emphasis in this org on trang, espec for individuals tkg on more obligations/ designed spec for publ wks/ certified pw mgrs program (BG supplied)
MC – BoEd mtg is tonight people can’t attend both/ residents lkg for someone to oversee construction not for them to oversee themselves
Sylvia Brown –
Effects of cut in transportation for seniors/ it’s not jst a ride/ some things sen being deprived of, arobic classes, visits to museums, hayrides, wlkg in malls, camaraderie and laughter, communication regarding comm. issues and programs, feeling o safety during bus rides/ feeling we’re worlthwhile Asbury citizens. Hv been reassured by city mgr/ support us s we can support you// we may jst need a ride to the polling place.
EJ – as CM told you we are in process of securing driver for senior bus.
Jerry Scarano – suggestion – social media is good way of getting name out there/
As a realtor, type name of jersey shore goes right to a realtor’s site/ saying need to make it so when hit jersey shore goes to a state site/ coupons at train station to get people come here/ greeters to direct people to spnd money here/ subway signs on NY trains/ s/be part of the mktg program/ sorry Jim havg trbl getting contrib. for 4th of july/ Coca cola, wells fargo shd be asked, go to another level of suppliers/ we don’t hv any mtgs wh cd meet council members and chat/ I thnk one on one cd get
EJ – cd we count on Exit realty paying for fireworks?
GS – no too poor
EJ – we hv directional signage going up this summer.
Denise Richardson – 30 Ridge Ave
Valentines party for seniors was huge success. Need clarification infrastructure/ notice needs to be clarified as to which side of ridge takg about/
Duane Small – 1304 mattison av
Reading newspaper on internet/ seen adult shot juvenile in back fatally on Asbury ave only getting 12 yrs and only has to do 10 ½ yrs/ A lot young kids out there may think can do something like that and only get 10 yrs / prosecutor shdn’t hv allowed that / continues crime in Asbury Pk/ Young guy had gun in court/ he was beefin’ w/ guy in court/ [he describes the threat man made outside courtroom]I‘m
Tired from work but had to come down here to say pls mayor lets do something about this.
Move to cls public comment
Mins approved
Payroll res feb 16 – 28 $845,048.05
$331,000. ?
Resolutions –
Special events as per Gilmour – all yes
3 applic app’d by polic dept/ Johnny macks extend license for pkg lot for St.
Pat’s event, 3/12 and 3/17/
Discussion – J Loffredo – did they move car from outside premises/
TR – no,
JL – then no
Susan Henderson – no
Bruno – no
EJ – yes
Request voted down.
Appts/ Reappts
names for Redeveloopment Board- SHenderson and J Loffredo, representing council, Asbury Partners, Madison Marquette Retail, Terry Reidy, Don Sammett, redevelopment director and planner for City, James Henry representing the Sustainability committee, Dan DiBennedetto, representing the Planning Board/Tony Perillo, Dan Scianameo, Joanne Mazur resident of AT, Denise Richardson one of two at large members, restauranteurs Marilyn Schlossbach and Russell Lewis. 15 spots, at least 45 applied.
Tanya Peteete -v polic dept/ $1500 to Peteete/ discussion took place in closed session -- all yes
Sidebar agreement w/ local #6 - TR: all res important this specially agreement between SOA and PBA covered 2008,09,10 //we objected to arbitration award, city lost and it was given to our pol officers/ prob not whther deserved but cdn’t afford it/ if std wd’ve been layoffs in pol dept/ agreement now tks 3 yr agreement and extends it 2 add’l yrs/ pol dep accept for those 2 zero sal increase/ all OT wk’d in 2011, in compensary time/ $5k+ savings to city/ saves city $900k+ in 2011/ demonstrates willingness of our pol off to come to table and recog hard times we’re in/
All yes –
Res re DS –
UEZ - $10k mktg program/ yr 9 $15k - all yes
Re. Mayor – sean kean / urge DOD to make prep facility at Ft. Mon/ all yest
Publication of mail in ballots for a potential referendum
Ord establ new regs for contrib. to muni cand/ public contract /Explanation:
FR – req’t of MOU/ city had to adopt pay to play ord as stringent as Jcity’s / ours adopted in 04/ but form been updated by Citizens… version city has adopted more stringent/ as condition of funding we rec’d we’re considering adopting this/
no public comment -
all yes
Adjourned
Friday, February 4, 2011
City Issues Resolutions for Waterfront Advisory Board & RFQ to Developers
Click to read the Resolution Directing the City to Issue Request For Qualifications (RFQ) for Waterfront Developers
Click to read the Resolution Creating Waterfront Advisory Board
Note: We ran into Mayor Johnson last night, who explained that the board will have no legal weight, but its advice will direct the process similarly to the role played by the Citizens Advisory Board in the development of Springwood Avenue's Redevelopment Plan.
We asked why a councilmember will chair and another will sit on the board, if its mandate is to advise the council. The Mayor said that he personally sat on the Springwood Avenue Board and felt that was useful in keeping the governing body informed. We suggested that a liaison might be appointed to keep the governing body informed. Also, the Director of Redevelopment and City Planner, Don Sammet, is included in the list of participants, and could suffice for two members of the council.
The Mayor seemed open to public input on details such as these, and the big one: whether the board should be sworn to secrecy during the process.
Let Mayor Johnson know your thoughts: mayorjohnson@verizon.net
Click to read the Resolution Creating Waterfront Advisory Board
Note: We ran into Mayor Johnson last night, who explained that the board will have no legal weight, but its advice will direct the process similarly to the role played by the Citizens Advisory Board in the development of Springwood Avenue's Redevelopment Plan.
We asked why a councilmember will chair and another will sit on the board, if its mandate is to advise the council. The Mayor said that he personally sat on the Springwood Avenue Board and felt that was useful in keeping the governing body informed. We suggested that a liaison might be appointed to keep the governing body informed. Also, the Director of Redevelopment and City Planner, Don Sammet, is included in the list of participants, and could suffice for two members of the council.
The Mayor seemed open to public input on details such as these, and the big one: whether the board should be sworn to secrecy during the process.
Let Mayor Johnson know your thoughts: mayorjohnson@verizon.net
Tuesday, March 9, 2010
16-Story Buildings for Waterfront
Sixteen story buildings and a 25-story condo/hotel building are among the items that could be in the new agreement among the City of Asbury Park, Madison Marquette LLC and iStar Financial. They are but one item in an 11-item list comprising Exhibit L, in the existing agreement drawn for Asbury Partners' partnership with Madison Marquette and the City.
#8 reads: "Clarification that office and real estate sales/leasing is a permitted use for the second floor of all Pavilions. [This would extinguish any hope of re-opening the Arthur Pryor outdoor concert bandshell on the second floor of the 5th Avenue Pavilion.]
#9 - Restaurant and night-club as an approved use for all ocean avenue (sic) retail
#10 - Observation tower on top of the Casino (if permitted by CAFRA)
CAFRA is the coastal land use act enforced by the NJ Department of Environmental Protection.
The new agreement may be passed tonight at the 5:15 PM meeting.
#8 reads: "Clarification that office and real estate sales/leasing is a permitted use for the second floor of all Pavilions. [This would extinguish any hope of re-opening the Arthur Pryor outdoor concert bandshell on the second floor of the 5th Avenue Pavilion.]
#9 - Restaurant and night-club as an approved use for all ocean avenue (sic) retail
#10 - Observation tower on top of the Casino (if permitted by CAFRA)
CAFRA is the coastal land use act enforced by the NJ Department of Environmental Protection.
The new agreement may be passed tonight at the 5:15 PM meeting.
Will Council Vote on New Boardwalk Agreement Tonight?
The council will hold an executive session tonight -- AT 5:15 PM -- to discuss a new agreement with Madison Marquette Asbury Partners LLC, according to the City's Redevelopment and Planning Director, Don Sammet. Tonight's special Tuesday session (the council normally meets on the first and third Wednesdays of the month) will have to open to the public if the council decides to vote on the new agreement tonight.
Sammet told Asbury Radio this morning that the city noticed the newspapers, however, The Coaster did not get a notice prior to its deadline last week. According to the Asbury Park Press, they have not received a public notice for a March council meeting from the City. (This was also verified, for The Star-Ledger, too, through a search of the public website for public meeting notices.)
Neither the city clerk's office, the city manager's assistant or Sammet had seen the agenda for tonight's meeting yet, which was in the hands of Assistant City Manager James Famularo. We've asked for a faxed copy. Will post when we receive it.
Sammet told Asbury Radio this morning that the city noticed the newspapers, however, The Coaster did not get a notice prior to its deadline last week. According to the Asbury Park Press, they have not received a public notice for a March council meeting from the City. (This was also verified, for The Star-Ledger, too, through a search of the public website for public meeting notices.)
Neither the city clerk's office, the city manager's assistant or Sammet had seen the agenda for tonight's meeting yet, which was in the hands of Assistant City Manager James Famularo. We've asked for a faxed copy. Will post when we receive it.
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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