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Jenkinson's Defends Non-payment of Point Beach Special Event Fees

Entertainment company says it should not have to pay fees for events on its own property

Jenkinson's should not have to pay special event fees for events held on its own property or for events that it offers as part of its entertainment business, corporate officials said on Wednesday.

Edward McGlynn, Jenkinson's attorney, said in an email on Wednesday, "I have advised my client the referenced ordinance is not applicable to their business as all of Jenkinson's activities are in the normal course of business.

"Further these activities have and do go on annually," McGlynn said. "This is the first year the Borough has attempted to have this ordinance made applicable to Jenkinson's."

He later clarified that by "annual" he meant events that are offered each summer.

"These are all ongoing beach-related activities," he said.

Marilou Halvorsen, Marketing Director for Jenkinson's Boardwalk, also said, "This issue has never been raised before this year and we've been holding these events for years."

She also said the company should not have to pay fees for events held on its beach, which include Thursday night fireworks and Wednesday night concerts during the summer among other events.

Jenkinson's owns the beach, but the town owns most of the boardwalk, even though the company name is "Jenkinson's Boardwalk."

The Borough Council had voted earlier this year to exempt Jenkinson's from paying the special event fee for the Easter parade, which is held on the boardwalk.

Patch asked Jenkinson's for a response to the Tuesday night

Council President Tim Lurie voted no, saying that the council should first find out if it has a viable legal case, exactly how much it will cost in legal fees and how and where any legal action would be taken, before taking a vote to initiate legal action.

Council members Kristine Tooker and Michael Corbally voted yes.

. But he did say he thought the town should first find out if it has a case before taking any legal action.

Council members Sean Hennessy and Frank Rizzo were absent.

Municipal Clerk Maryann Ellsworth had said in a recent email that she had billed Jenkinson's $28,202.75 for their Music Fest, Fireworks, and Big Joe Henry shows during the summer.

"These are the events that require additional police services," she had wrote in an Oct. 11 email. The bill has not been paid, she said.

When asked if any compromise could possibly be reached, with any portion of the overdue fees paid, Halvorsen said, "That's now in the hands of the attorneys.When you say you're suing, then it's in the hands of the attorneys and the judge."

The Point Pleasant Beach Chamber of Commerce has always paid special event fees for police services during such events as Festival of the Sea held every September and also pays off-duty public works employees directly for maintenance and clean-up services for that festival.

So, many have questioned why the chamber has to pay, but not Jenkinson's.

When asked about that, Halvorsen said, "I don't disagree about the chamber. I don't know that they should have to pay that fee when they have those events, because they are holding them in the normal course of business, which is to bring more business into the town."

She said that one possible distinction is that the chamber holds the seafood festival on public streets, while Jenkinson's holds most of its events on its own property, frequently on the beach.

Halvorsen also noted that at the recent candidates' debate, "There was talk about possibly rewriting part of the special events ordinance."

She also noted that Jenkinson's had offered to make a donation of about $40,000 to help cover police expenses this year in District 4.

"That has nothing to do with the special event fees," she said. "We were told that it was not accepted."

Sean Conneamhe October 26, 2011 at 11:44 PM
Did Jenkinson's ever receive site plan approvals and variances to change the use of the beaches from vacant lots or passive recreation areas to amusement parks, concert venues, and restaurants? A forensic land use investigator needs to examine the chain of developments and activities and whether Jenkinson's ever applied for and/or received all the proper zoning, planning, construction, fire, environmental and CAFRA approvals for the various businesses and events.
Zerosignal October 27, 2011 at 01:56 AM
The town is broke from over paying there full-time cops.. Now this is just another money grab scheme the town is trying to come up with.
EyeOpener October 27, 2011 at 12:12 PM
The "town" that is paying for cleanup and policing of Jenkinsons events, which are large scale, is actually the property tax payers that make cleanup and policing possible. Property tax payers reap negligible benefit rom Jenkinson's business operations, and are fed up with the crowds and parking problems. In short, Jenkinsons has gotten too big for their britches. Time for an alteration.
Charles Clark October 27, 2011 at 12:39 PM
I am sure they didn't, they don't have to. They are special and they get to abuse their power. They continue to abuse their power because they have the money to fight anyone that is going to make them pair their fair share. The pittance of money they pay to our town is a disgrace. Every time they have an event it brings in thousands of people including the 2 for 1 ticket sale, it is like a zoo and when it begins. Then they have the Easter parade, brings thousands in, I don't care it is for kids or what the event is for, you bring thousands of people in to our town, you should be filling out a permit. Sure, it is cute and they give out nice prizes, so what? they are doing this to benefit no one but themselves. It is just another marketing strategy to bring in thousands of people in to make money. Which is fine and dandy..... pay for it. I don't care where the events are held, on their beach, their own private property. It is our town that they have their business in and if they don't want to follow the rules, go some where else. The residents are tired of just a few businesses here thinking they can do what ever they want. Obviously the prior councilmen all these years let them get away with it and apparently much more. The question is Why? Were they afraid of their power..... Knew it was going to come down to a power struggle by them, that they would fight everything in court. They are acting like a bunch of babies, instead of paying the town like the should have been.
Charles Clark October 27, 2011 at 01:04 PM
.....error.....see below:" pay their fair share" You have to wonder and question who was the Mayor and council when the storino's took over our town? Why did they let them get away with it from the very beginning when they purchased the boardwalk. Did it not matter as much? Was it less noticeable and easier to hide that the residents were actually supporting the BW businesses. Maybe because times were better and everyone knows what happens during these times, nothing is questioned. Was the BW greasing anyone's palm to look the other way, you have to question it all because everyone knows how the world has become. Temptation, deliver us from evil is a powerful statement. Who allowed them to keep on adding to their domain. What a joke and argument they have, we have been getting away with it all these years, so we want to continue ripping off the tax paying residents. Let me get this straight. So being I own private property here, I can have events on my private property weekly that brings thousands of people in, cause parking problems traffic jams, drunks, drugs, fights, basically problems through out the town and I am going to get away with not having to fill out a permits. Really? They would shut me down in a second, the police would be at my door. So, shut the BW down if they don't want to go by the rules until a judge decides the case. Maybe the case should be held out of OC . It just might be a conflict of interest. The entire BW should be investigated.
Charles Clark October 27, 2011 at 02:04 PM
If you read the article, they admitted that they have been getting away with not filling out permits. Why have they been able to get away with it so long? They should be thankful that they got away with it for so long. Enough already, the residents don't want to pay for your businesses any longer. They should pay their fair share instead of doling out all their donations to look the other way.
trishmontenegro October 27, 2011 at 02:04 PM
When I was a little kid and grew up with the Jenkinson kids. Well, we were told his grandfather had a 99 year lease from the town and really did not own the beach. Is this true, or did things change?
Coach October 27, 2011 at 02:53 PM
Trish, I was also friends with Chuckie Jenk, also and my family was friends with his dad and Aunt Alice. His grandfather, Charles, purchased the beach in 1924.
Coach October 27, 2011 at 02:55 PM
Sean assuming it was for sale, which it isn't, where would the town come up with the $$ millions to purchase the beach? PPB looked into, and couldn't even afford to buy Risdens, a much smaller beach.
E.Nagle Moylesworth III October 27, 2011 at 09:34 PM
My family likes the 'free' fireworks and concerts. Free is a funny word. Jenks pays a lot to put on these events. They aren't free for them. The Jenk's owners donate more $ to fire and first aid than any... I repeat ANY other business in town, by a long shot. The property tax paid by Jenks, based on their size and activity, pays for some of the police and cleanup required. That's why the tax is higher. Jenks cleans their beach themselves. On concert night what cleanup is required, that isn't handled by Jenks? ? Some of these comments about abuse of power, and corruption sound like gripes from someone who resents their neighbors success. Call me blind, but I didn't see any problem now, 10 or 20 years ago with the businessmen on the boardwalk. They all provide some level of entertainment. Jenks is the biggest and provides the biggest events. Perhaps the clientele have changed for the worse.
Darlene Motto October 28, 2011 at 01:54 AM
Just because you have been getting away with not filing an application for an event approval and charged a fee doesn't make it right. There is an ordinance in place that everyone has to follow including the town chamber of commerce and all other organizations. All BW events draw a large crowd which causes an impact to our town which is costly and the residents can no longer afford to pay for them. There is always a first time. Just because you are on your own private property in the town that you choice to do business in is no excuse and does not give you the right to be exempt. @E. Nagle, you are certainly entitled to your own opinion and I am sure you are accurate on Jenks giving the most amount to the fire company and first aid, which they don't have to, very generous and that is their choice. I am sure they also use them at times for their own business and their tourists for accidents that occur on their BW., which is fine being they are donating so much to the fire dept. and first aid. I also know that they give donations to the school and other town functions which again is nice and they don't have to. It is their choice. I am glad that your family likes "free" fireworks and concerts and other free advents but you are actually paying for them in some way. Do you know why the reason Jenks and BW pays a lot to put on these events? It is to bring a large crowd in to his business so they can spend a lot of money and that is fine just pay for the impact it is causing.
Darlene Motto October 28, 2011 at 01:56 AM
Sorry, excuse the errors: Choose to do business in.
Sean Conneamhe October 29, 2011 at 12:08 AM
The original Jenkinson's Pavilion was destroyed by fire in the fall of 1989. Nobody was ever charged in connection with the mysterious off-season blaze. The Pavilion was replaced by a much larger, all-season building, which houses a nightclub and a restaurant and is also called Jenkinson's. This new "Jenk's" has no connection with either the original owner or the original building, other than the same location. The expansion of this business onto the beach area would probably have required a use variance, site plan approval, and numerous othe variances, especially for parking. Why this did not happen is generally unknown and no accusations or insinuations are being made. However, it is time to play "Connect the Dots".
Charles Clark October 30, 2011 at 11:26 PM
Who was Mayor in 1989? How simple things were then! No computers, hard to check out what was said and done. Taxes were low as wages were low. A lot easier time to hide what was going on.

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