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Boardwalk Businesses Will Look at Mayor's Offer........

.........if he puts it in writing

 

An attorney for Jenkinson's and Martell's said he is willing to look at the mayor's proposal for dropping the local midnight bar closing law - but he wants to see it in writing.

"He should have his attorney send me his proposal in writing," said attorney Ronald Gasiorowski on Thursday, when asked to respond to Mayor Vincent Barrella's comments at the Tuesday night Point Beach Council meeting.

Barrella said at the meeting that he would not mind repealing the midnight bar closing ordinance if the boardwalk businesses would first withdraw lawsuits against that and the District 4 parking plan.

On Thursday, when told of Gasiorowski's response, Barrella said in an interview on Thursday that he thinks it would be a lot more productive to meet and discuss his proposal.

"Why don't we try sitting down together, listening to each other and then craft something together, as opposed to me putting something out there before we've talked?" Barrella said on Thursday. "I don't know that we're at the point where we would put something in writing. I'm pretty sure that's not the best way to handle it."

Barrella said his comments during the meeting are on on tape, will be in minutes prepared by the municipal clerk, and in a transcript delivered to Jenkinson's and Martell's.

"So why do they need it in writing from me when they get the transcripts?" he asked.

The boardwalk businesses pay a stenographer to record all council meetings and send them transcripts.

The midnight bar closings never went into effect because the state Division of Alcoholic Beverage Control granted the businesses a temporary stay until an administrative law judge and the ABC make a final decision.

Meanwhile, depositions are scheduled for November in preparation for litigation, on the earlier bar closing and District 4 parking plan ordinances, to move forward, Gasiorowski said.

"We only filed the lawsuits because we believe they're invalid and we still think that," Gasiorowski said. "If Mayor Barrella says he wants to compromise, then he should have his attorney send his proposal to us, without prejudice, and we'll take a look at it.

"I had no forewarning he was going to say this," said Gasiorowski, who seemed surprised that during Tuesday night's Point Beach Borough Council meeting Barrella floated the proposal.

Ed McGlynn, a Jenkinson's attorney, was also asked for a response to Barrella's remarks. Jenkinson's sent the following statement, which does not actually say if they are willing to consider dropping the lawsuits:

“Jenkinson’s is encouraged by reports that the mayor is willing to rescind the 12 a.m. bar closing in return for a dismissal of the lawsuits. Jenkinson’s has not been contacted yet; however, we would welcome a resolution to all outstanding matters.

“We would hope he could convince his constituency a settlement is best for all the citizens of Point Pleasant Beach.”

Patch left messages for McGlynn and Marilou Halvorsen, Jenkinson's Marketing Director, asking if the statement means they will consider dropping all lawsuits, but they did not provide any further elaboration.

Barrella made it clear that he is talking about repealing only the midnight bar closing ordinance, not the District 4 parking plan ordinance, which he feels was effective in reducing noise and disturbances in the residential section of District 4 this past summer.

The ordinance restricting parking for non-residents from midnight to 6 a.m. in District 4 expired on Sept. 15. If council wants to re-establish the parking plan for next year, it will have to introduce and adopt a new ordinance.

It would be one thing for the boardwalk businesses to agree to withdraw lawsuits against earlier bar closings in exchange for that ordinance to be repealed.

It would be quite another matter for the businesses to agree to withdraw lawsuits against the parking plan when, clearly, the mayor and at least a few council members thought the plan was a success and may establish the same or similar type of parking plan next summer.

Also at the Tuesday night meeting, Barrella asked council members to come to the next meeting prepared to discuss if they want to establish the same parking plan, or a different one, for next summer.

Related Topics: Appeals, Attorneys, Bars, Boardwalk, Lawsuits, Litigation, Martell's, Parking, earlier closing, and jenkinson's

lj

2:04 pm on Thursday, October 11, 2012

Typical Barella BS. Let's waste more time and money. Vinny you do more harm than good. Stop!

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JD

3:36 pm on Thursday, October 11, 2012

They are NOT going to drop their lawsuits based upon a promise by Barrella..
any attorney worth his salt would not permit it...
That is why he requests it in writing... but Barrella wouldn't put it in writing!!
I smell a snake.

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ppb1955

5:32 pm on Thursday, October 11, 2012

Vinny Barrella has no intention of settling the matter he is stroking everyone along. Remember it is election season he is bringing this up because he knows most people in PPB do not want a midnight bar closing. He is trying to get his newest puppet Tom Davis elected. If Tom Davis gets elected Brooklyn Vinny Barrella will be back to his old tricks.

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Spooner

6:16 pm on Thursday, October 11, 2012

ppb1955- yeah it looks like he's boxing them(BW) and their supporters into a corner, just about a month before the election. This will now put the onus on them to give in to his offer, or risk hurting their candidates...as not cooperating in compromising and resolving differences caused by the the fabulous 4. . .giving Davis more support. . .and hence as you say . . .taking over the Council.

It's time to put everything out there listed in Commissioner Halfacre's decree, listing the actions of Barrella, Corbally, Tooker, and Gordon...regarding the flip flopping bar closings and the extortion(a municipally imposed local options tax without state authorization). . .Put their feet to the fire!

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Eric J.

8:16 pm on Thursday, October 11, 2012

This is unbelievable. Let me see if I get this straight...several Councilmen and the Mayor sit down with the BW in the spring to negotiate a compromise. The BW offers $800K over 5 years, but the Mayor says "no, we can't vote on that offer because we don't have it in writing." I mean the offer is so public that it's in the newspaper, but the Mayor wants to see it in writing. Fast-foward to today. Mayor says "I'll get rid of (funny that it's him who has the power to do this, right? More evidence of just how much control he has over those other guys on Council) the midnight closing if the BW drops its lawsuits." He announces this at the Council meeting...not by a telephone call to the BW, etc. Okay, fine. So, the BW says "Wow. We're surprised. Write what you have in mind." and the Mayor says "Why don't we try sitting down together, listening to each other and then craft something together, as opposed to me putting something out there before we've talked?" Um, because you all sat down together in the Spring, they offered you money and you wouldn't take it. You, Barrella, wanted to go ahead with your bar closings and parking plan and you wouldn't accept their money without sufficient writing. So, yeah, now they'd like something from you in writing and you say "Oh, let's sit down and talk about it." You don't need to close the bars at midnight! You're hurting all of the local bars with that closing. Do the right thing and repeal the ordinance!

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SoylentGreen

11:18 pm on Thursday, October 11, 2012

Not too clever, could have had 800K to help his budget.

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lj

8:33 am on Friday, October 12, 2012

A mayor, as I understand the position, is to be the primary representative of a town. A promoter, a concensus maker, a defender and source of strength for a town. Doesn't sound like Barrella does it?

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randi

8:39 am on Friday, October 12, 2012

If Vinnie and his Barrellaphants were serious they should just repeal the ordinance. The lawsuit would become moot.

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Arlene D'Amato

8:49 am on Friday, October 12, 2012

Randi: As usual you are right on target ! The mayor made the mess and he can make it just go away. Instead he wants to sit down and have the lawyers involved. Just more waste of money.

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A Resident

11:56 am on Friday, October 12, 2012

Which ordinance? The restricted parking or the 12am bar closing? Boardwalk is suing the town on both.

Rick

8:41 am on Friday, October 12, 2012

I don't think clever is the right word. Please follow me on this. I'm referring to common sense.
It's the same as someone going before the town to try and get a residential property rezoned commercial to make a strip mall.The developer offers to give a gift to the town for a new $800,000 fire truck with his application. The town says no, because they think they're in their right to say no, based on advise from legal and of course, they want to do what's best for the town.The developer threatens a law suite. Not just threatens a lawsuit, but promises one and moves forward with litigation. Then the town says to the developer, if you withdraw the lawsuit, we'll let you have what you wanted in the first place and don't worry about the $800,000 for the fire truck. ???????????

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Nick Carraway

8:28 pm on Friday, October 12, 2012

PPNB, I think that, all along, the BW's position has been that an adequate amount of police officers would be able to solve the bad behavior problems, and they were willing to help fund those police. I think there was some issue with garbage, too, so that some of the offered money was supposed to go towards garbage pick-up.

Vince Barrella

10:43 am on Friday, October 12, 2012

First to those nameless aliases who think I have engaged in some "clever ploy," you have it wrong. To those nameless aliases who don't understand that I have stated my position publicly on the record and that there is a transcript of those statements prepared by a stenographer hired by Jenkinson's and Martell's, what can I say. To those nameless aliases who don't understand that my position is just that -- my position, there is nothing I can say that would help you understand the difference between an agreement between a municipality and a statement of his position by one elected official. To those nameless alias who think that I articulated my position because I thought we would lose the litigation, you really don't know me at all. To all you nameless aliases who don't understand that the town is the defendant in these various actions, all I can say is that I have never heard of a defendant starting an action against himself, herself or itself.

Finally, to all you nameless aliases hiding behind a computer keyboard, why not let people know who you are so that your motivations can be evaluated? LJ, this does not apply to you, I am fully aware of your personal dislike for me and as I told you years ago, I fully accept it.

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Paul Moonshine

2:39 pm on Friday, October 12, 2012

Hey Vinny, I am not an alias. What motivates me ? Your arrogance and inability to govern. Vinnie go home !

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lj

3:00 pm on Friday, October 12, 2012

Barrella, I have no personal dislike for anyone. I have no respect for you OR your ability to be a Mayor.

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Gimmie Shelter

8:18 pm on Friday, October 12, 2012

Hey Vinny. You and your cohorts hate political clubs so much ? Why did you and your wife and daughter sign a petition to nominate Loder to run in the Republican primary in June ? Why did your family and Tooker and Lisa and Corbally and Cherry vote for him in June ? You owe an explanation. Go home now !

tired of the so called independents

11:18 am on Friday, October 12, 2012

Hey Vinnie Barrella

Why don't you and council president Mike Corbally show the town people a little professionalism and stop with the meaningless crap you type in the local blogs. I've never seen anything like it. You two guys are a real embarrassment to Point Beach.

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Nick Carraway

11:58 am on Friday, October 12, 2012

Mayor Barrella, obviously, both parties are engaged in litigation. Obviously, there is communication between the parties, even if it's solely through the respective attorneys. (I see where this article notes that depositions are schedule for November, showing that there is some form of communication between the parties). If you were really interested in resolving this matter, then I think that you know enough about the legal process to know how this gets done....one party advises his attorney to contact the other party's attorney to try to reach an agreement. So, if you really were interested in resolving this matter, then it seems to me that you would've instructed the Boro Attorney to advise the BW's atty's of your intent to settle. Instead, you announce this at a Council meeting and expect that the court transcript is good enough to notify the plaintiffs' in this case? As you can see from these artcles, the BW lawyers were completely surprised and probably only learned about it after a reporter or two called them for their opinons. That's not the way things get done in litigation by people who are interested in resolving a matter. It IS however something a politician does for political reasons.

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PPNB

2:02 pm on Friday, October 12, 2012

Mr. Mayor, please do not insult us even if our nameless aliases (isn't' that redundant ) do not please you .You do not do things on a whim, you carefully calculated the cause and affects. And have planned so accordingly. This is not a criticism. The parking plan worked! Thank You.

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Leave it on the Field

4:50 pm on Friday, October 12, 2012

1 of 4:

Voters of Pt. Beach - Help! As the mayor & council arrogantly branded all tourists "Snooki," these grumpy old men & their female proxy put satisfying personal anger BEFORE public safety & BEFORE the best interests of the Pt. Bch majority which had already VOTED DOWN their "D4 Parking Harassment Plan" in 2011. YES - They also applied a thug's tactic called "Bar Closings" but only AFTER they failed to secure the hush funding Mayor Barrella & his municipal workers wanted through any means. AND Yes - These so-called leaders intentionally pit neighbor against neighbor, district against district & professional against professional as a Municipal Funding Strategy. After forcing nameless aliases to endure 5,000+ comments on The Patch since May, it's time to end this "thing." We've watched all of it since 2009 and today we're done! Mayor Barrella and local union leaders became so blinded by Recall Revenge & Union Negotiation/Furlough Rage that they intentionally harmed all by transforming Pt. Beach to Point Beat-Me-Down! .

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Leave it on the Field

4:51 pm on Friday, October 12, 2012

2 of 4:

The respected biz owners targeted in Pt. Bch included hard-working men & women who had invested hundreds of thousands of dollars in town in 2012 alone! Places like Red's had brought only quality & joy to NJ for 2 decades when these bullies changed the rules of engagement minutes before the most profitable high season. How dare these people spit on our commercial fishing community?! Did they target surf fisherman, boaters, charter boat guests, motel owners & dwellers, surfers, lifelong residents, elderly walkers & sunrise joggers - like me - who cherish the earliest hours of each day thinking we'd forget the shouting matches & media attacks during those terrible municipal union negotiation seasons from 2009 to 2011. After that sea of lawn signs demanding the restoration of funding for special police - ALL residents & guests of PPB became unsuspecting victims. Stats @ Town Hall on NJ Avenue confirm that there had to be a coordinated Summer 2011 Ticket-Writing Slow-Down in D4 designed to make sure the town's most vocal residents would suffer & revolt, (the difference in year over year ticket/summons post-11 p.m. #s in D4 alone prove this fact - go count them!).

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Leave it on the Field

4:52 pm on Friday, October 12, 2012

3 of 4:

Who can forget the incredible snow storm that left Pt. Bch residents stranded inside homes or unable to get home for 2-3 full days (2010 Christmas Season) blamed on equipment failures while municipal workers laughed in local bars screaming "furlough this" under Mayor B's leadership & watch! It was the same exact storm 21 members of Brick Public Works used to stage their Blizzard Sick Out (www.app.com- op-ed page) that left a man in cardiac arrest dead, (Herberstville Section). A sled used to transport this poor dad to the waiting ambulance on the only plowed County Road was too slow. Was this a county-tactic named "Operation Snow Job"? NJ's Pt. Beach Mayor rewarded public servants when they stopped doing their FULL JOB in D4 to make their self-serving points. VB handed HIS union pals cover by mostly blaming & savagely targeting Jenkinson's & Martells, their customers, workers, vendors, supporters, etc. What kind of men condone staged work walkouts, sick-outs or slow-downs that actually endanger citizens & property? . Jenks/Martells - if Vinnie B doesn't apologize to you, take your cases all the way to the Supreme Court!

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Leave it on the Field

4:52 pm on Friday, October 12, 2012

4 of 4:

Why you must vote them out? 3 Wks ago, Wall Street Journal reported Public Health, Welfare & Pension systems in U.S. will not resemble their CURRENT FORM within the next five years, so who you vote for could determine which District gets targeted next in Pt. Bch when tough-to-have discussions & budget negotiations with unions get rolling again. Vote for the leaders who promise to never employ or cave to such tactics in Pt. Bch's future. Please help restore what was taken. Then everyone write the Town Council a letter (and sign your name) and demand an answer to this question: How do they call themselves leaders when they use a part of every day to bash, attack & target their own residents (their bosses) & biz leaders & others offended by their actions using the Patch comment's section, The Ocean Star - any PR means (Mayor B mocking with distain & labeling one resident a "pinball machine" )? VB - people don't sign their names anymore because WE have no interest in becoming the next target of your rage. Those of us who didn't agree with the recall at all now sincerely apologize to all of you who had VB's number long ago. Rage & revenge robbed Pt. Beach of its charm & character - On November 7th help us get it back! End this "thing."

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Nick Carraway

7:25 pm on Friday, October 12, 2012

Election Day is Tuesday, November 6, 2012.

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Leave it on the Field

7:35 pm on Friday, October 12, 2012

Yes - On November 6th vote them out to end this "thing," so on November 7th we can take Pt. Beach back! -Thx.

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Chief Wahoo

8:37 pm on Friday, October 12, 2012

no need to ever negotiate with a thug

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Rick Ricky

8:43 pm on Friday, October 12, 2012

All the town idiots in PPB are at it again!

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randi

7:55 am on Saturday, October 13, 2012

I noticed this morning the Davis for Council sign is no longer on Barrella's front lawn. Are candidates finally realizing that being a Vin-dependant will not help get them elected ?

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Gimmie Shelter

8:53 am on Saturday, October 13, 2012

You bet big George knows that.

lj

9:21 am on Saturday, October 13, 2012

Perhaps as a part of the "settlement" with the boardwalk they should demand resignations!

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Rick Ricky

11:56 am on Saturday, October 13, 2012

Idiots....Idiots everywhere!!!!!

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Denise Di Stephan

1:07 pm on Monday, October 15, 2012

Spooner, the mayor had nothing to do with removal of your comment or any other. If you have a problem, email me denise.distephan@patch.com.

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Iggy S

6:48 am on Tuesday, October 16, 2012

LIOtheF and NC...1) You both sound like bitter lawyers in and out of town that did not get their way. 2) LIOtheF... you are the one who sounds like a pin ball machine. 3) Boardwalk shills is not flattering nor the majority of this town... It is obvious who are the Boardwalk shills...This has nothing to do with Barrella, it is many of the town residents getting tired of the same crap for far to long... The town has changed and many can't deal with.

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