Vacant Point Beach Council Seat Stays Vacant

After a lot of heated discussion, a politically-divided Point Beach Council did not choose a replacement for the seat vacated by Michael Corbally last Thursday.

The three Republican council members, Stephen Reid, Andy Cortes and William Mayer, voted down all three suggested nominees from the local Democratic club. It the purview of the Democratic club to submit names because Corbally is a Democrat.

The three Democratic nominees were Dave Cavagnaro, a resident on Parkway in District 4, former council member Monica Walsh, Blodgett Avenue, in District 3, and Tom Davis, Trenton Avenue, in District 2.

Cavagnaro and Davis have not served on council before. He ran unsuccessfully last year as an independent for the seat.

Corbally's term expires at the end of the year and he had originally filed to run for reelection. He has until Sept. 10 to notify the Ocean County clerk in writing if he does not intend to run for reelection, said Municipal Clerk Maryann Ellsworth.

The local Democratic party has until Sept. 12 to have another Democratic candidate file to run in the November general election, Ellsworth said.

Corbally could not be reached for comment. But Cavagnaro, who has been in touch with him, said Corbally has not yet written to the county clerk.

From the date (June 20) that Corbally resigned, the Democrats had 15 days to get three names of possible replacement candidates to council. 

Council then has 30 days, or until July 19, to vote for one of the three, Ellsworth said.

If council misses the 30-day deadline, the Democratic party can appoint one of the three, she added.

Davis is on the ballot to run as a Democrat for one of two, three-year council seats up for grabs this November. The other council seat expiring is held by Council member Kristine Tooker who decided not to run for reelection.

The Republican candidates are former mayor Tom Vogel and newcomer Tom Toohey.

The next meeting is on July 9.

Initially, Mayor Vincent Barrella gave council members all three names and a short bio of each.

Then Council member Bret Gordon made a motion to nominate Davis, who is already running as a Democrat for one of the two, three-year council seats in the November election. 

Tooker seconded the motion, which was voted down by  the three Republican council members.

Separate motions to nominate Cavagnaro and Walsh went down the same way.

Watching all three candidates get torpedoed prompted Barrella to criticize the Republicans for leaving Corbally’s seat open, which prompted Reid to voice criticism of his own.

“I don’t know what kind of game is being played,” Reid said, looking at Municipal Attorney Sean Gertner. “It looks like it’s all been set up.”

Gordon said, “There is no game being played” and insisted the council was simply trying to fulfill its duty to fill a vacant seat.

“I agree,” said Tooker, on vacation in Florida and attending the meeting via a teleconference call.

“I don’t see you guys jumping in and working on the dunes and the lake,” she said, referring to ongoing efforts to plan for post-Sandy dune rebuilding and dredging and maintenance of Silver Lake.  “There is a lot of work to do and one more person would be a big help. You’re not doing any service to the town by having a vacant seat.”

Tooker said any of the three candidates would be an asset to council’s ongoing work.

Gordon said the GOP council members were purposely leaving the seat open so they could have the majority on council for later in the meeting when the council would vote on two versions of a proposed overnight, summer parking plan.

“This is purely politically motivated,” Gordon said.  “It disturbs me that it comes to this. You are choosing to subvert the system and play politics.”

Cortes said early in the meeting that he wanted an opportunity to interview each of the three candidates to help decide who would be best suited to fill the seat. 

After the meeting, Cortes said he does not have a problem with any of the candidates, but felt that putting the matter on tonight's agenda was not expected and was "an overly quick decision."

"I said I want to talk to them and I will do that," he said. When asked if he will vote for a replacement on July 9, he said, "I don't know."

The parking plan in place this summer in District 4 and a small section of District 3 has been threatened by a decision issued by Superior Court Assignment Judge Vincent Grasso. 

He ruled, in a decision released last week, that while the ordinance is mostly legally sound, Corbally had a conflict of interest because he is a Realtor in District 4.

When Cortes wanted to speak during the part of the meeting where there was a lot of banter about the vacant seat, Barrella at first said the council needs to move on, but then let Cortes speak.

“Let him speak and stick his foot in his mouth,” muttered Gordon, almost under his breath.

Cortes said the email to council earlier that day said the parking ordinances would be on the agenda and did not say there would be a discussion or vote on replacing Corbally.

Barrella said the municipal clerk and administrator are able to add agenda items and said the Republican council members are acting at the behest of “the businesses they are beholding to at the expense of the residents of Point Pleasant Beach.”

Martell’s and a group of charter fishing vessels and a marina are fighting the parking plan with lawsuits, one of which was the suit Grasso ruled on last week.

Mayer proposed a parking plan ordinance for a less expansive area, which Tooker called “ridiculous.”

“This is the plan that when I proposed it as a paid plan, everyone yelled at me that the plan just pushed the problem further back,” meaning pushing the problem into residential neighborhoods further from the boardwalk.

Gordon said, “I just want to remind Councilmen Reid and Cortes that they said on the record that the parking plan in District 4 works and that their only disagreement is extending into a small section of District 3.”

All three Republican members voted to put Mayer’s proposed parking ordinance on the agenda and Tooker and Gordon voted no.

Later in the meeting, Mayer and Tooker recused themselves from voting on introduction of three different parking plan ordinances. 

The decision for Mayer to recuse himself stemmed from Barrella talking about how Mayer's brother-in-law, Chip DiCorcia, works as a security director for Martell's, which is suing the town over the parking plan.

And Tooker recused herself "out of a concern that those behind all of the litigation would seize upon her vote by telephone as a basis for further litigation in Ocean County Superior Court," said Barrella.

Mayer said he was recusing himself "on the mayor's advice," but also made it clear he was not fully convinced it was definitely necessary. He said DiCorcia is a seasonal security employee at Martell's and that his voting on such matters as the parking plan does not violate any ethics laws that apply to elected governing body members.

Barrella said that while he disagrees with Grasso's decision that Corbally had a conflict, that is now the prevailing ruling and that his judgment about conflicts could just as easily apply to Mayer's situation.

Ultimately, council introduced two of three proposed parking ordinances. Reid and Cortes voted for Mayer's proposed plan, which is a smaller section of District 4, and Gordon voted no. Mayer and Tooker recused themselves.

Mayer's proposed ordinance calls for the plan to be in effect from 12:30 a.m. to 4 a.m. in the "central boardwalk residential area" meaning "Niblick Street, Lake Terrace, Central Avenue, Parkway, Boston Avenue from Lake Louise to Arnold Avenue, St. Louis Avenue from Niblick Street to Arnold Avenue, Cooks Lane and Cooks Road."

Also, a proposal for a parking plan for only District 4 was introduced and supported by Cortes, who said he was voting for introduction because "I want a dialogue" and Gordon. Mayer and Tooker recused themselves. Reid voted no.

An ordinance for the parking plan in a small section of District 3, which was included in the parking plan until the ordinance was struck down by Grasso last week, did not get a second and failed.

On July 9, council will have to pick one of the parking plans for adoption.

Meanwhile, there is technically no valid parking plan in Point Beach and the overnight parking in Silver Lake lot is no longer free.