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District 4 Parking Plan Enforcement Starts June 22

Narrow majority of Point Beach Council makes some revisions to controversial plan

 

Enforcement of the new, controversial District 4 parking plan is scheduled to begin on June 22.

That is one of a number of fine points of the that was voted on at Tuesday night's Point Beach Council meeting at

The plan restricts parking from midnight to 6 a.m. on residential streets in District 4 to residents and taxpayers who need to have parking tags hanging from their rear view mirrors.

The ordinance governing the plan states it goes into effect on "the Monday before Memorial Day weekend." However, it is starting later to give the town time to order and post signs and to have a week of warnings only before enforcement starts. The plan will be enforced through Labor Day.

The ordinance is in effect only for this summer as a pilot program and will then be re-evaluated. If the mayor and council want the plan to be in place in the future, they would have to introduce and adopt the ordinance again.

District 4 extends from Manasquan Inlet on the north to the middle of Arnold Avenue on the south, the Atlantic Ocean on the east and the railroad tracks on the west, according to a copy of the parking plan ordinance.

Signs posting information about the parking plan are scheduled to be installed by June 15, said Point Beach Councilman Michael Corbally.

Those who live in or own property in District 4 will get letters about the plan next week, Corbally said.

Starting the parking plan involved ordering 250 signs and 200 poles for $6,075 and 8000 placards were ordered at a cost of $770, bringing the total cost to $6,845, according to an email from Point Beach Business Administrator Chris Riehl.

Each taxpayer in District 4 will receive five free parking placards to be used in their cars from midnight to 6 a.m. in District 4.

A narrow majority of councilmembers voted at Tuesday night's meeting at Borough Hall to revise certain parts of the plan. Corbally and Councilmembers Kristine Tooker, Bret Gordon and Mayor Vincent Barrella voted for the revisions.

Counclimembers William Mayer, Tim Lurie and Stephen Reid, who have consistently voted against the parking plan, voted against the revisions on Tuesday night.

The parking plan quickly spawned lawsuits from Jenkinson's and Martell's against the town and a separate suit against Corbally in particular.

Corbally, who was served with the lengthy lawsuit at Tuesday night's meeting, should never have voted on the parking plan ordinance because as a Realtor who sells and rents in District 4, among other areas, he stands to financially benefit from the parking plan, so he has a conflict of interest, according to the lawsuit.

The revisions to the parking plan passed on Tuesday night include:

  • There will be free parking in Little Silver parking lot from 11 p.m. to 6 a.m. and signs announcing that will be posted at the lot's two entrances and on the parking machines.
  • All business owners will get tags for employees who work past 11 p.m. The names of the businesses will be on the tags, but not the names of individual employees, so that they can be transferred.
  • The parking tags for homeowners will have the home address, but not any information specific to a certain car, so they can be shared among family members in that household.
  • The forms to apply for parking tags will be at Borough Hall and on the municipal website.

The original ordinance states that no one is allowed to reproduce, copy, create, sell or distribute parking tags to those who should not have them.

"Any person found violating the provisions of this section is punishable by a fine not to exceed two thousand ($2,000.00) dollars and/or imprisonment for not more than ten days and forfeits the right to receive or use a parking pass under this section for a period of three years."

Extra passes for those that are lost or needed for additional family members will be provided for free, Corbally said.

Mayer asked if the new parking plan will be enforced on county roads and Corbally replied that no, signs will not be posted on county roads.

He said that's because there is an unwritten county policy that all county taxpayers, who subsidize the county roads, should all have equal access to driving and parking on those roads.

Barrella said just before voting on Tuesday night that he has asked Freeholder Director Gerry Little to reconsider.

Barrella said Municipal Clerk Maryann Ellsworth researched how a local parking program is implemented in Seaside Heights and discovered that "on 80 percent of the county roads in Seaside Heights, residents are allowed to purchase or lease a parking space and no one else can park there.

"This raises some serious questions about who is running the county and why they can't allow the parking plan on at least two of the county roads here that run through town, but they can allow Seaside Heights residents to lease spaces on county roads there," Barrella said. "The freeholders have some serious questions that need to be addressed. My vote is yes."

When Block was asked why Seaside Heights is allowed to run a parking plan affording preferential treatment to its residents on county roads, he replied that he did not know if that was the case, and, when questioned about it by Barrella, he researched that and could not find any record of the county approving any such residential parking program in Seaside Heights.

He said he had asked Seaside Heights Business Administrator John Camera several days ago to research the town's parking plans and get back to him on whether any of them involve preferred parking for its residents and property owners.

"I told him that if they have any parking plan where their residents are the only ones who have access to certain spots, they have to stop it," Block said. "We have to treat all 33 towns fairly and equally."

Camera has not returned a phone message left by Patch on Monday afternoon. Late Thursday afternoon, Block said he had also not heard back from Camera and was going to write to him again.

Calls to Little and Frank Scarantino, county engineer, were referred to Block who called Patch.

Spooner May 25, 2012 at 09:10 PM
Mr Happy- your novelty is beginning to get stale. . .maybe you could post under a new name with another spiel?
Mr. Happy May 25, 2012 at 09:30 PM
OK Full Timer, first point taken. But on the second, more clarification is needed. In your first post you say the ABC will stay the ordinance and in the second response you say the courts. I don't have the knowledge of a judge, but I do know that the ABC is not a judicial body, they are regulatory and have no juristiction; in fact, they make it clear that local governing bodies set bar closing hours. The courts won't hear it either for the same reason. What I suspect happened, was your friend the judge was referring to the "fee" ordinance. That CAN be challenged, but with the 12AM ordinance, it becomes moot and the cost of litigation dissolves with it. Now, that WASN'T easy, but hope I helped.
Mr. Happy May 25, 2012 at 09:43 PM
Hi Spooner- I will not post under another name. You and I are just about the only ones here without aliases. And spiel is not a latin word!
Spooner May 25, 2012 at 10:00 PM
Happy- here's the law on bar closings... abbreviated NJ Statutes... 33:1-40. Municipal regulation of number of retail licenses, hours of sale, etc. ...The governing board or body of each municipality may, as regards said municipality, by ordinance or resolution, limit the hours between which the sale of alcoholic beverages at retail may be made...and, subject to the approval of the commissioner first obtained, regulate the conduct of any business licensed to sell alcoholic beverages at retail... 33:1-41. Appeal from limitation of number of retail licenses or hours of sale If any person affected or who might be affected by any limitation of the number of licenses or of the hours between which sales of alcoholic beverages at retail may be made shall consider himself aggrieved thereby, he may appeal to the commissioner in respect thereto and thereupon the commissioner, after public hearing, may set aside, vacate and repeal the limitation complained of or change, alter, amend or otherwise modify the same.
Mr. Happy May 25, 2012 at 10:21 PM
ABC is not going to hear it. There may be an appeal stipulation in the law, but it pertains to the number of licenses for all intents and purposes. When did they ever set aside, vacate or repeal hours? I mean, entire towns have gone "dry" at the hands of governing bodies. Do you think the liquor industry in those towns were aggrieved? Did ABC change the rulings then? They certainly won't in this case. You have seen posts here saying they will just increase all charges to customers. Heck, they may even make more by overcharging on the already overcharged. Case closed!
Full Timer May 25, 2012 at 11:39 PM
MR H. Thanks for your reply and I do realize your confusion. The ABC has , at this point, questioned the legalities of this ordinance, which is something the courts will need to take into consideration. I hope this clarifies. The courts will have to hear the complaint, which has already been written, if filed. Only a motion to quash the initial complaint would dismiss it, so there will be a day in court, regardless, to either hear the complaint or for the initial motion hearing. As far as the ordinance itself goes, I initially took no stand. The crowds and noise have never bother me and I rarely am in a PPB Bar after midnight so not really affected. It really is the anti Storino and anit Bassinder attitude, along with the proposed fee override, that appeared to be legalized extortion, which has me siding with the boardwalk. Professor of Law Vincent Barella is well aware of the legalities awaiting this issue down the line. It's my educated guess, as I wrote earlier, that the reason the ordinance is not in effect immediately is the hope that an agreement can be reached to avoid the messy litigation that may follow. And no I'm not an attorney, but have an abundance of legal resources to tap. I'm done here, have a good weekend.
Mr. Happy May 26, 2012 at 12:01 AM
Full Timer- I'm with you in that I think these delays are in effect, allowing time for something to be worked out. Hopefully some common ground will be found. I mentioned this thought in an earlier post. No one wants a messy legal battle, I am sure. We could argue here all day long, but in the end it is out of our hands. A Happy Memorial Day weekend to all.
blindbert May 26, 2012 at 03:35 AM
No one wants alegal battle except the @#$#@# lawyers!
Beach_N8iv May 28, 2012 at 01:33 PM
Sounds like a pretty good idea to me. You already have a mayor and council.
tammy June 30, 2012 at 09:34 PM
my husband commutes on the train to nyc 7 days a week... now he has to pay $20+ every friday, saturday and sunday at the train station because there is no more free parking in the street.... yes it's only from memorial day to labor day, but it's still an added expense now. We cannot get a placard because we are not residents... Does anyone know any free parking near the train station? or if there is a way to obtain a parking placard for out-of-town commuters? thanks!
Beach_N8iv June 30, 2012 at 10:01 PM
Across the street between the post office and the fire house.
tammy July 02, 2012 at 04:32 AM
will he be able to park overnight? he works nights... thank you
Beach_N8iv July 02, 2012 at 05:39 AM
Yes, the spaces are all marked. Of course there are a few for handicapped and for the fire department but there are PLENTY of other marked spaces.
Denise Di Stephan (Editor) July 02, 2012 at 05:05 PM
Tammy, you might want to see this link which says there is a commuter parking pass. http://www.pointpleasantbeach.org/news.php?action=fullnews&id=425 Beach_N8iV: thanks for being helpful to another Patch reader. How nice, for a change, to see people being nice to each other.
You know me July 05, 2012 at 08:03 PM
My wife received a 'district 4' ticket and it's a mandatory court appearance required. What is that about? You can't pay it online, can't mail it in. Now I have to take off of work in September and go to court for a parking ticket? That's ridiculous at best. Let me pay the fine and forget about it.
Beach_N8iv July 05, 2012 at 08:20 PM
Plead "not guilty" and force the town to pay the Parking Nazi to come to court. If the PN is back in school or has another job and doesn't show, DISMISSED!
ppb1955 July 05, 2012 at 09:23 PM
You have got to be kidding first Mike Corbally forgets to show anyone the county letter about not agreeing with the parking plan.Then he forgets to look into the details of the plan and approves it with a mandatory court appearance. That is pathetic.
ppb1955 July 05, 2012 at 09:31 PM
Mayor Barrella you are a law professor how could you let the mandatory court appearance be written into law . Do you have any idea of the burden you have just placed on the people who received tickets let alone the court . Does anyone know what law school Mayor Barrella teaches at.
Jen Moran July 08, 2012 at 03:50 PM
cluster%$&k indeed...I received two tickets last night. I live in District 4. We put the sun visors in our front windshield to help with the heat and you couldn't see our tags. so now I have to go to court(required) because of this ridiculousness. I agree..I moved here understanding that I would have to put up with the bennies. I don't have a problem with it...honestly, they keep my taxes down. My school system is superior and my neighbors are awesome...sorry all of you who have a problem living here...Now I have to pay for two tickets??? not paying. If this ridiculousness has to be, why can't we have a sticker in the back left passenger side door, like Hoboken does. No address or tags to remember. I am a full time working mother of two who volunteers for everything. Sorry if I might be too tired one night to remember to put the friggin tag on my rearview mirror.
Mike Corbally July 08, 2012 at 11:36 PM
Jen, I'm sorry you received the tickets. So far, the feedback I've received has been very positive. This is a "Pilot Program" and if the Council believes it is a positive for the residents at the end of the season all options will be discussed. If you have questions on the reasons why the placards were chosen instead of stickers please contact me either by phone or e-mail. mikecorbally@comcast.net 732-615-8644 I'd like to hear anything that we can do to improve the program. Thank You, Mike
Anthony July 10, 2012 at 05:15 PM
I received a ticket (in the mail, not even legible) and had to call just to inquire about what the ticket was for and when the court date is. The sides of the ticket looked burnt off and it was all crumpled up. Then I offered to pay the fine over the phone because "court appearance required" is NOT checked off and the woman on the phone told me that the officer made a mistake and that I must come in. Also, her explanation for not being able to read the ticket was that "his pen may not have been working correctly." My license plate on the ticket is written in half pen, half whatever the officer used to write the original ticket because they realized how impossible it was to read. Pathetic.
Buddy July 10, 2012 at 05:28 PM
PACE university
Full Timer July 10, 2012 at 06:23 PM
Quite easy to understand the reasoning. Our Mayor and some council members would like to discourage those who get cited for the parking violation, not only by ticketing them, but by also forcing them to take time off from work, and spend additional money on tolls and gas to pay the fine, in hopes that they will never return to Point Pleasant Beach again. I don't buy or believe any other excuses they may be trying to sell.
Mr. Happy July 10, 2012 at 06:35 PM
Hi FT- You know that it was some glitch that caused the mandatory court appearance and not malice and it needs to be rectified. Blame them for the glitch, sure. But c'mon, your posts are usually much more sensible than that.
Spooner July 10, 2012 at 06:52 PM
How about a little quid pro quo...the "glitch" for "excused". Now that would quell all suspensions about the FAB4 wanting to send a message to the tourist. . .Don't Come Back...How about it Councilman Corbally. . .ready to bend?
Part Timer July 10, 2012 at 07:17 PM
Sorry to go off topic here but I was away for a few days... Question, on July 4th I had noticed a GOOD amount of people in town/beach walking around with there pants hanging down past there hips with there underwear showing and was wondering if there is a way the town can put a ordinance in place for indecent exposure? Other states have put this saggy pants into law...
Mr. Happy July 10, 2012 at 07:33 PM
Spooner-you know you aren't allowed to use latin here, esp. when you write "quell all suspensions" in the same post. If you are trying to confuse us in 2 languages---you are seceding.
Jay Reynolds July 10, 2012 at 07:47 PM
Mr. Happy- If you really live in this town and have been paying attention then you would know that it is entirely possible that between Barrella and Corbaly they could and would purposefully require the court appearance just to call more attention to themselves and to dissuade tourist from coming back to PPB. I realize you may have close ties to the Barrellistas but even a blind man can see what they have been up to!!
ppb1955 July 10, 2012 at 08:34 PM
Thank you I looked on their website and it looks like he does not teach in the law school. Vinny Barrella always claims he is a law professor . It looks like he teaches an undergrad tax course. I feel bad for his students. He can't even properly run PPB.
Full Timer July 10, 2012 at 09:18 PM
Hi Mr. H. I read Mike's answer in regard to the "glitch" and don't believe it and here is my reasoning, sir. What type of glitch would prevent someone from mailing in a check with the fine instead of handing a check in person? I could see a "glitch" in paying by internet as that could require a table update. I've spoken to a couple other folks who agree with me including a former top Hudson County Law Enforcement Officer who now resides in Jackson, frequents Point Pleasant Beach eateries, and now consults for the NJDMV. As always, thanks for your courteous response.

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