.

Fishing Boats, Marina Fight Point Beach Parking Plan

Lawsuit follows one filed by boardwalk businesses against District 4 parking plan

 

The new District 4 Parking plan is unlawful because it reduces public access to the ocean and Manasquan River and discriminates between Point Beach residents and others, according to a lawsuit filed by several charter fishing boats, a marina and several Point Beach residents.

Because the plan allows only residents and local taxpayers to park in District 4's metered spots between midnight and 6 a.m., it violates the Public Trust Doctrine, an underpinning of beach access laws that says members of the public should all have equal access to the waterways and beaches, regardless of where they live, according to a lawsuit filed by John J. Jackson III, an attorney with the law firm of King, Kitrick and Jackson, LLC, 635 Duquesne Blvd., Brick (see attached PDF).

Those filing the lawsuit are:; Purple Jet Fishing Charters, 407 Channel Dr., Point Beach; Golden Touch Charters Inc., 818 South St., Point Pleasant and John Cole of Golden Touch; David Riback, Niblick St.; Richard Fischer, 637 Susan Lane; Brielle; Robert Santanello, Central Avenue, Point Beach; 188 Central Avenue, Point Beach and Rosemarie Iantosca, 205 New Jersey Avenue, Point Beach and the

The latest lawsuit seeks to have the parking plan invalidated, for the new parking plan signs to be removed and for attorney fees to be paid.

Point Beach Municipal Attorney Sean Gertner said in an email Friday morning: "We will be defending the claims raised in the same manner as the previously filed suit. A local government retains the right to manage and control its streets on behalf of its citizens and we believe the ordinance addresses those concerns in the same or in a similar manner as many other local governments have done throughout the state."

Mayor Vincent Barrella said on Thursday that the town is allowing free parking in the 500 parking spaces at Silver Lake lot on Arnold Avenue from 11 p.m. to 6 a.m.

"There would be plenty of parking if Jenkinson's would only open up their parking lots, but they won't, because they don't want the liability," he said.

At a recent Point Beach Borough Council meeting, Councilmember Kristine Tooker looked directly at owners and attorneys for Jenkinson's sitting in the front row of the audience and asked them to open up their lot at the end of Broadway to overnight parking and use valets, but no one from the company has said they are considering that. (If more information on this becomes available, the story will be updated.)

The lawsuit also says the plan's penalty of a $2,000 fine or 10 days in jail "is a violation of due process and must be declared unconstitutional" as per the state and the federal Constitutions.

The lawsuit asserts that Point Beach "has extensive frontage and access upon the beaches and the ocean" and "must provide reasonable and equal access to beach and beachfront facilities to residents and non-residents alike."

The municipality does not own its beaches, except for the Maryland Avenue beach, the last vestige of the former Beacon Beach, on the south end next to Bay Head. The town does own most of the boardwalk.

The lawsuit also asserts that the parking plan violates the conditions of a Coastal Area Faciity Review Act (CAFRA) permit that requires the town to maintain public parking along the beaches in exchange for permission to maintain the beaches and dunes.

The lawsuit notes that Ocean County has not granted permission for the municipality to enforce the parking plan on county roads that have meters.

The county roads in Point Beach's District 4, near the boardwalk where the parking restrictions would go into effect are: Baltimore, Chicago, Ocean and Broadway.

Ocean County Administrator Carl Block has said that the county's general policy, although not in writing, is that because all county taxpayers pay taxes to maintain county roads, all county taxpayers should be able to park on those roads.

Block, in explaining why the Point Beach parking plan is not destined to be on a freeholder agenda, said, "If we allowed Point Pleasant Beach to do this, then we would have to allow other towns to do this."

However, there already is another town that has a parking plan on county roads, it's been in place for many years, and it's more restrictive than the parking plan about to launch in Point Beach.

Seaside Heights allows residents on many of the town's 12 county roads, as well as municipal roads, to lease spaces in front of their homes that no one else can park in at any hour.

At a recent council meeting, Barrella noted that Municipal Clerk Maryann Ellsworth learned through her own research 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." (For a list of the 12 county roads in Seaside Heights, please see the end of this story.)

The county has not explained why that is allowed, as per county policy.

Barrella has raised the question with Block and Freeholder Gerry Little, but Barrella also said he is not trying to undo Seaside's parking plan.

"I just think the county should let us enforce this parking plan on county roads here, just like Seaside is allowed to have a more restrictive parking plan on county roads in their town," he said.

John Camera, Seaside Heights Business Administrator, has not returned a call to Patch. Block had said a few weeks ago that he had written to Camera a couple of times and that he was also waiting to hear from him about the details of their parking plan and whether it warrants county review.

"We have to treat all the towns equally," Block said.

On Friday morning, a staff member in Block's office said he is off today and will call Patch on Monday.

 

 

Rick Ricky June 09, 2012 at 04:27 AM
I don't live in beach and I don't know if omo does...but I don't understand why the bw does not want to open they're parking lot up to their own customers? Is there some reason why? Or is it they just don't want to. It would be keeping their customers out of the neighborhood streets in the early morning hours that so many residents complain about. Is it because the businesses do not want all the problems on them.
Rick Ricky June 09, 2012 at 04:38 AM
Businesses taxes are based on what the businesses make? So how much does the boardwalk claim they make or did not make to deserve a refund if I understn All business
Rick Ricky June 09, 2012 at 04:57 AM
Sorry for your or possible loss of work. I don't live in the beach either, all I know though is I would not want to pay for employees that are not mine.
Rick Ricky June 09, 2012 at 05:12 AM
I am confused on the Mr. Jackson attorney's argument Doesn't the fisherman park in the lots where they keep their boats? Why would they park on the streets? When does the fisherman start fishing? Where do they live? Wouldn't they get the passes that they are given out? Parking is from 12 pm until 6 am, is this the hours fisherman start? Can't they park at the inlet parking?
Spooner June 09, 2012 at 05:51 AM
Mayor- Please Read...PPB Borough have over a period of many years activity induced and solicited the public, in particular non-residents to come to PPB for purposes of partaking and using the public beach and the public boardwalk... In addition, the PPB Borough over a period of many years activity induced and solicited private individuals, including those name as Plaintiffs, to purchase and invest into businesses and commercial properties within the Borough near the beach and boardwalk facilities, in order to provide suitable and legal restaurant, tavern, and recreation facilities so as to service and induce the public and in particular non-residents to come and utilize those facilities and businesses...and pursuant to such inducement and practices over many years, have responded and invested substantial amounts of money and investments into each of their particular business operations and facilities... The PPB Borough's governing body by Ordinance 2012-12(District 4 Parking Plan) have now acted contrary to the inducements and practices over many years upon which the plaintiffs have relied and acted upon... ...a clear case for "damages". . .meaning that all those businesses that will lose money and investment with the implementation of the parking ordinance have a right to be reimbursed by the town because of the town's past action in encouraging individuals to invest in those businesses. . .
SB Girl June 09, 2012 at 11:08 AM
If the town doesn't own the beach and boardwalk, why does it hold the CAFRA permit? The owner of the beach should hold the permit. If Jenk's owns the beach, it should hold the CAFRA permit, perform all the maintainance on the beach and satisfy the parkiing requirements, by opening up its lots if the town choses to not allow anything but resident parking overnight. In many towns up north, you can't park on the street overnight at all, resident or not. Businesses there have to provide parkiing for their patrons.
Won't be Fooled (by Barrella) Again June 09, 2012 at 11:49 AM
These negotiations with the BW must really be unpopular if Barrella’s spin captain Cathy Kelly is trying to convince us Barrella had nothing to do with them. Isn’t he the first one we all heard spout the idea the BW should pay more? Does anyone besides Ms. Kelly honestly believe Barrella had nothing to do with these negotiations and the mess that has resulted?? If anybody does, please, let’s hear it? Happy? Better Living?
Won't be Fooled (by Barrella) Again June 09, 2012 at 11:50 AM
These negotiations with the BW must really be unpopular if Barrella’s spin captain Cathy Kelly is trying to convince us Barrella had nothing to do with them. Isn’t he the first one we all heard spout the idea the BW should pay more? Does anyone besides Ms. Kelly honestly believe Barrella had nothing to do with these negotiations and the mess that has resulted?? If anybody does, please, let’s hear it? Happy? Better Living? No? I didn't think so.
Ruth Liss June 09, 2012 at 12:32 PM
Ms. Di Stephan It's time for you to remind Cathy Kelly of the Patch rules. She is trying to guess the identity of Nick Carraway. She has posted 4 times all on June 8th, deliberately referring to him by another name. You have warned others in the past about this. Read her posts yourself. She is not playing by the rules!
Mr. Happy June 09, 2012 at 02:34 PM
A couple of things: Won't be Fooled Again- With regards to the Mayor's involvement in the negotiations, if anyone was even remotely paying attention, you would know that he entered the process at the end. He did attend a meeting and agreed to table the ordinances. So, everyone is partially right; and if by agreeing to table the ordinances to continue to look for a solution makes him a villain in some people's mind, so be it. Maggie Hart-Boro resident? As I recall from a past election, Sue Rogers supporter? So, by definition that translates to Anti-Barrella. Enough said. Spooner-Uhhhh, never mind. I don't have to keep an eye on you, Ms.D., Patch editor has superseded me.
Denise Di Stephan (Editor) June 09, 2012 at 02:43 PM
To Cathy Kelly: Stop trying to guess the identities of commenters. Stop addressing commenters by names other than the ones they are using, real or otherwise. I'm getting complaints, again, and I had to delete a few of your comments. This is at least the second time I have asked you to stop doing it. There will be no more warnings. Next time I see it, your account is suspended. All other commenters need to remember not to do that and to stay away from sweeping, damning generalizations and unsubstantiated accusations. And to all those who are poised to post, "Ms. D. reprimanded Cathy Kelly! Yahoo!": You know what? Save it! If you are that filled with hate that you would gleefully write that, you have probably been engaging in the kind of antagonistic bickering that just fuels more hate and creates more problems here. So, please resist the temptation, try to be more fact-based and constructive, and maybe I'll actually be able to have some time off this weekend. Or will I have to babysit comments all weekend long?
Charles W. Bogert June 09, 2012 at 03:46 PM
Isn't Mayor Barrella an attorney??? Maybe that "splains it all"!! You know how these attorneys are - all very poor except for each other... Charlie Bogert
Spooner June 09, 2012 at 05:46 PM
SB Girl- do you know if the town received money under NJ Shore Protection Fund. According to Count Seven in the above Complaint, the town applied for a CAFRA permit in 1999 to receive funds for maintenance of public beaches. I believe the town owns the beach at the South end. Is this what the complaint refers too? The reason I ask. . .is that they(Marina's) cited a Court case involving the town of Avalon. . .In that Appellate Court Opinion, in the very first paragraph it said...Other new rules require any municipality that seeks an appropriation from the "Shore Protection Fund" to enter into a "State Aid Agreement" with the DEP that, among other things, obligates the municipality to provide additional parking spaces and restroom facilities in proximity to the oceanfront as specified by the Public Access Rules and DEP directives. N.J.A.C. 7:7E-8.11(p)(7)(v); N.J.A.C. 7:7E-8A.2(c)(2)(i). The rules also require the municipality, if necessary, to acquire land, including by exercise of the power of eminent domain, in order to provide such additional parking spaces and restroom facilities. N.J.A.C. 7:7E-8.11(p)(7)(i)(l)...
Nick Carraway June 09, 2012 at 09:36 PM
Mr. Happy, why are you trying to downplay Mayor Barrella's involvement in the negotiations? You know full well that he was involved in more than one meeting with the BW on these issues. Let's just assume, to make you Happy, that throughout the times when Gordon and Mayer were meeting with the BW, Gordon, you know, Barrella's former running mate and clearly his second in command, never bothered to call Barrella up on the phone after the meetings and fill him in to get his input. I think that's unlikely, but I'm willing to humor you on that issue. Even so, Barrella was clearly present at more than just the one meeting when he agreed to carry the ordinances. Again, look at 5/9 letter from the BW lawyer. Barrella was also at the 5/7 meeting. Gordon suggested the $160K per year. Mayer and Barrella were present. Further discussion on how payment would be implemented, then everyone took a "time out" and, when they returned, the GB members raised for the first time that the parking plan lawsuit had to be dropped. It's attached to the 10 Days to Respond article.
Won't be Fooled (by Barrella) Again June 10, 2012 at 12:00 AM
Mr. Happy, I can’t believe you took the bait. I thought you were smarter than that. Oh well. Ok, for all those, like Happy, who believe the world is flat, Neil Armstrong’s walk was not on the moon but in a Hollywood movie studio, and that Barrella had nothing to do with each and every unpopular parking plan, here is proof Barrella has been driving the negotiations with the Boardwalk. This is a quote from Barrella himself. This is from the minutes of the 1/1/2010 Council (no Gordon no Mayer) meeting: Mayor Barrella: “I am also aware that many are critical of my delivery and some believe that I have been too harsh on our boardwalk businesses. I truly want nothing more than to work with them in a partnership for a better Point Pleasant Beach. To date, they have not given me any indication that they want to do so, but I will keep trying. I simply need to do a better job convincing them that it is in their best interest to at least meet half-way. I will continue to fight to fulfill those campaign promises that I made with respect to reducing our property tax burden by raising additional revenue from tourism.” There are many more. Let’s help Happy out and see who can find the most.
Mr. Happy June 10, 2012 at 12:37 AM
OK Nick, thanks for the clarification.
Maggie Hart-Zuhowski June 10, 2012 at 01:30 AM
Mr Happy- Your comment about me is ridiculous. I know Mr Barella and I think he is an awesome tax attorney, but not a very good Mayor. He is arrogant and not looking out for the people of Point Pleasant Beach and being friends with Sue did not give me that conclusion. I grew up in Point Beach. My mother, Ceil Hart, Homes by Hart for 30 years and a very political activist in her day taught me how to look at issues NOT party lines. If you knew me, you would know I graduated from Point Pleasant Beach HS and was inducted into their Hall of Fame in 2003 and have followed issues in Point Pleasant Beach/Boro for years. I know Kristine Tooker personally also, and think she is a nice person, but she also is clouded on sound business judgement. I know Andy Cortes for years. I know Steven Reid for years. I am NOT ANTI- anybody. I am an Accountant/Price Analyst and I know a little bit about fiscal responsibility and I see that this is going to cost the taxpayers of PPB a lot of money and just want people to wake up before it too late. I worked at Fort Monmouth which was BRAC'd to MD, the economy in Monmouth County due to the closing of Fort Monmouth is terrible and the true results will not be in until Sept 15, 2012 - one full year of Fort closing so between that and the lack of revenue projected for Point Beach I am scared for all of residents of NJ what impact it will have the NJ state tax and services..... We shall see.
blindbert June 10, 2012 at 10:24 AM
Most all of those, the marina and charter boats have their own parking lots? I do not understand their suit.They provide their own parking. The boat without parking, the "Ideal" is not listed in the suit. Also most marina and boat owner were against the CAFRA marina access proposal. I wonder if those lawsuit filers are paying the tab for the suit????
Mr. Happy June 10, 2012 at 12:43 PM
Hi Maggie Hart-thanks for your explanation, sorry I overreached as to your political sentiment. You have quite a resume, I'll bet the Repubs. secretly wish they had candidates with that type of resume. Let's face it, the 2 candidates they are running have a combined resume that is thinner than someone in the last days of the Bobby Sands diet. There's just not much there. Oh well. I understand your concern about the economy in general, but here specifically, in D4, people aren't thinking about state tax revenue at 3AM when the area is overrun with marauders. It's interesting to note that you mention Barrella and Tooker, including a positive statement on each. Yet, when you mention Reid and Cortes, it's just that you have known them for years. Period. Not exactly a ringing endorsement, but perhaps I am reading between the lines; sorry if that's the case.
mattmurphy June 10, 2012 at 01:39 PM
Mr. Happy I think you are reading between the lines. You missed the lines where Maggie says that Barrella is arrogant and not looking out for the people of Point Pleasant Beach and that Kristine Tooker is also clouded on sound business judgment. Maggie is not anti anybody. She is just telling it like it is.
Won't be Fooled Again (By Barrella) June 10, 2012 at 03:22 PM
Good Spin, Happy, but the people are not buying it. Those big resumes come with big egos, like Barrella and Gordon. Residents know they would be better off with “common sense” Andy than “big resume” Gordon. The residents won’t make the same mistake twice.
blindbert June 10, 2012 at 03:35 PM
We have tried the alternate way for most of the more than 30 years. The others have recieved and seek political appointments, contracts and government employment for themselves family and friiends. As long as they vote the gillmore way they are rewarded!!! We have been making the mistake for years!!! As we tumble into the abyss!!
Spooner June 10, 2012 at 05:00 PM
Mayor Barrella, you said: "that the town is allowing free parking in the 500 parking spaces at Silver Lake lot on Arnold Avenue from 11 p.m. to 6 a.m." in response to this latest lawsuit. . .Now Mayor why would anybody who now parks near and around Channel Drive, want to park all the way at Silver Lake. . .And that free 11PM to 6AM - begs an explanation! Let me see if I got this correct...you come here at around 4AM to go off shore fishing for the day and park over at Silver Lake. . .After the charters leave. . .am I to understand that you and your parking police will be putting money into the meters for their vehicles at 6AM, so they will not be ticketed for the day, or will they have to put money in at 4AM and pay all day to park(not free parking any more)...then walk to Channel Drive at four in the morning to board their boats..And after a long hot day of fishing...again walk back to their vehicles at Silver Lake with all their gear...maybe-possibly getting a taxis...Do I have this correct so far? ...maybe even the Charter companies should provide lot transportation...using one of those mini-buses. . .Is that going to be FREE too!
blindbert June 10, 2012 at 05:43 PM
Almost all the boats and the marina in question have parking except for the "Ideal" which is not party to the lawsuit. The inlet fisherman have paid spots and that is not supposed to change. If your are a resident it would make that much of a differance because you will have one resident D4 pass and can buy a $10 resident pass. Either way the ordinance is a trial and concerns can be addressed! I still wonder if outside souces are funding this lawsuit just as they funded the recall!!!!
BNRinPOINT June 10, 2012 at 08:29 PM
if you were a resident and took a walk to the boardwalk at any time day or night you would see that all Jenkinsons lots are accessable any time day or night of course for a fee but that fee is less then the town charges for their lots or on street parking
Maggie Hart-Zuhowski June 10, 2012 at 08:56 PM
Mr Happy- Thank you for stating I have quite a resume. However, I am NOT interested in running for politics but I do like to provide input on fiscal responsibility/budget issues due to my extensive financial background in it and some common sense issues where I can. In addiiton, yes, you are reading between the lines. I was pointing out that I am in favor of issues not party lines. I mention Barella, Tooker, Reid, and Cortes because they all represent different party lines. Thanks Matt Murphy - you must know me
mattmurphy June 12, 2012 at 12:38 AM
You're welcome Maggie. We take care of our own.
Part Timer June 12, 2012 at 06:28 PM
Can someone tell me if that is Dave Bassinder the owner of Martells listed below for the Parking Committee.... Parking Authority Meets on the 1st Thursday of each month 7:00 PM Paul Bonsper, Jr. - Chairman Emidio Caruso Michael Corona Dave Bassinder Eugene Warga Karen Mills, Clerk
A Resident June 13, 2012 at 01:55 AM
Yes, by appointment of the Mayor and Council. There was an opening on the Parking Authority. Dave and a couple others expressed interest in the position. He was the one chosen for it. Same process followed by Paul Bonsper, owner of Point Beach Interiors and Michael Corona, owner of Radio Shack. Has been a group of local business owners and resident's since it's inception.
Joe July 07, 2012 at 03:50 AM
OH, We know!!

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