Wednesday, December 23, 2009

Broadway Arts tries to steady finances

Broadway Arts tries to steady finances
Foreclosure action filed by lender against developer
BY KENNY WALTER Staff Writer
Broadway Arts Center (BAC) is reorganizing financing after a foreclosure action was filed against the Long Branch developer by a lender.

Todd Katz, a principal in Broadway Arts, confirmed the reorganization and said the shuffle made necessary by the filing of the foreclosure action would not hinder the project's future.

Katz said last week that BAC is working to "correct" the foreclosure problem and that it shouldn't hinder the developer from moving forward with the lower Broadway project.

"It is something we need to address," Katz said. "Short term won't be a problem. If we don't correct it, then it would become a problem in a year or two.

"We are working diligently through the process," Katz added.

The foreclosure action was filed Aug. 10 in state Superior Court in Freehold by the Community Loan Fund of New Jersey, a nonprofit corporation that made loans totaling some $2.2 million to Broadway Arts. Community Loan Fund initially provided $1.1 million in financing for the Broadway Arts Center project, a centerpiece of the city's redevelopment plan, in May 2006. The lender subsequently entered into a note and mortgage modification agreement with BAC that brought that amount to $2.2 million in December 2006.

According to the court document filed, "the land and premises … for which possession is sought" include some 27 properties in the Broadway Arts Center redevelopment zone.

A spokesman for Community Loan Fund declined to comment on the foreclosure action.

Katz said that the down economy has affected development, but things look to be improving.

"We are starting to recover from the bad economy," he said.

When asked how BAC's financial troubles would impact the future redevelopment of the downtown Broadway district, Long Branch Mayor Adam Schneider said he did not have the answer yet.

Schneider said that BAC is currently up to date on tax payments as of last week.

"If the taxes get paid and they manage to get organized, then our dealings will be with BAC," Schneider added.

The agenda for the City Council meeting of Sept. 22 listed Broadway Arts as a topic to be discussed during a closed session of the council.

Principals in the Broadway Arts zone are the Katz and Siperstein families.

Plans for the downtown Broadway Arts Center zone call for BAC to develop the Broadway corridor, which is the first 9 acres of the entire Broadway redevelopment zone.

The corridor extends two blocks from Second Avenue to Memorial Avenue and from Union Avenue to the north and BelmontAvenue to the south.

Plans for the project call for the properties to be razed and replaced with a mixeduse

arts and theater district. BAC would consist of commercial space, residential and live/work units, office space and parking garages.

BAC is one of six zones in the city slated for redevelopment. Also labeled as redevelopment zones are Beachfront South, Pier Village, Hotel Campus, Broadway-Gateway

and MTOTSA.

BAC is the latest project in the city to come under financial stress.

Last year the city filed a lawsuit against the developers of Ocean Place Resort and Spa in the Hotel Campus redevelopment zone for failure to make a $1.4 million payment to the city.

The city recently reached an agreement with residents of the MTOTSA beachfront neighborhood, ending litigation that challenged the city's right to take their properties through eminent domain to clear the way for an upscale condominium development.

A lawsuit has been filed against the city by property owners in the Broadway-Gateway zone, seeking compensatory and punitive damages stemming from the city's designation of the zone and all other zones as blighted and subject to eminent domain taking.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Long Branch plans for H1N1 vaccinations

Long Branch plans for H1N1 vaccinations
City receives $90K in state funds for vaccinations
BY KENNY WALTER Staff Writer

LONG BRANCH — The city has received $90,486 in grant funding from the state Department of Health and Senior Services for the upcoming flu season.

The City Council voted 4-0 at the Sept. 22 meeting to approve the resolution that accepted the funding for flu shots. Councilman Anthony Giordano was absent for the vote.

At the workshop meeting that preceded the vote, Long Branch Director of Health David Roach addressed the council about flu season and the grant money.

"This will offset some of the cost associated with our activities," Roach said. "That will able us to offset expenses and do some hiring of part-time people."

Roach said that at this time it is not clear how much additional cost the health department will incur this season because of the H1N1 vaccines, but he expects the grant money will cover most of it.

He said last week the flu shots, including for the H1N1 strain, will be available free of charge at several locations where the vaccinations will be administered by nurses.

The current schedule for seasonal flu inoculations is: Oct. 3 from 9 a.m. to noon. at the Long Branch Middle School; Oct. 6 from 9:30 a.m. to 12:30 p.m. at City Hall on Broadway; and Oct. 6 from 1 to 3 p.m. at the Senior Center on Second Avenue.

Roach said that the health department is setting up clinics for the seasonal flu inoculations for early October, which is earlier than most years because of the anticipated cases of H1N1.

"We basically moved up those inoculations," he said.

"The biggest issue is how the H1N1 influences the situation," Roach added. "That has been getting a lot of our attention the last several weeks and will continue to do so throughout the whole flu season."

Roach said the H1N1 vaccine is expected to become available sometime in October.

"It's taking a lot of time, a lot of effort," he said. "It's not in stone yet. We are all working together to deliver the vaccine when it becomes available."

He said one concern is that there will be a limited number of doses of the H1N1 vaccine, and the Health Department is still trying to figure out the best way to distribute the vaccine.

"Since it is a limited number of doses, we are all going to manage where it goes and try to work with those individuals that need it," he said. "So we are planning clinics, we are planning H1N1 regional and local clinics, we are working with the schools to deliver the vaccine."

The Health Department is also disseminating

information on the H1N1 flu.

"On our own website, www.visitlongbranch.com, we are delivering information and we are working with other organizations about what's going to be available and when it's available,"

Roach said.

Roach also said that there are certain age groups that

are at greater risk for H1N1 than others, including children, people suffering from chronic illnesses, and pregnant women, who are considered high-risk groups.

"We are going to follow the state and CDC [Centers for Disease Control] guidelines in terms of the high-risk groups," he said.

According to Roach, children are the highest risk group for the H1N1.

"Children are one of the high-risk group from 6 months to 24 [months]," he said.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Monmouth Regional district charged with discrimination

Monmouth Regional district charged with discrimination
Former superintendent also named in suits brought by three female employees
BY KENNY WALTER Staff Writer
Lawsuits filed on behalf of three female employees of Monmouth Regional High School charge the regional school district and several administrators with discrimination based on age, sex and race.

The suits were filed in U.S. District Court in Trenton by Mahwah-based lawyer Lydia Cotz on behalf of Monmouth Regional employees Diana Davis, Patricia Domanich and Tamara White.

Davis' suit was filed in February and is separate from the legal action filed on behalf of Domanich and White, which was filed in August. Cotz said last week that she may file a motion to consolidate the two lawsuits.

The suit filed on behalf of Davis, 56, who is African American, names former Monmouth Regional School District Superintendent James Cleary, who retired in June, and the school district as defendants.

The suit brought for Domanich names Cleary, MRHS Vice Principal Scott Larkin, MRHS Business Administrator Maria Parry and the school district as defendants.

The legal action in which White is the plaintiff names Cleary, the school district and Anthony D'Orio, currently the MRHS athletic director as defendants.

All three are currently employed at Monmouth Regional High School.

Cotz weighed in on the legal actions in an email last week.

"Superintendent Cleary's intentional harassment and conduct toward these women resulted in a gender-based hostile working environment," she said. "His motive was to make life unpleasant for them because they are women.

"All three women complained of his behavior to no avail and the district took no steps to stop it," she added.

Cotz said she is confident that evidence will be presented that will place blame on Cleary.

"The evidence will show that the incidents the plaintiffs complained about were pervasive and not just isolated," she said. "According to others that have also come forward, Cleary's sexist behavior was well known.

"These lawsuits were brought on behalf of these women because they believe that Superintendent Cleary has subjected them to an unbearable and hostile workplace, their recourse was to see that justice was done," she added.

Cotz also addressed the reason the suits are being brought forward now.

"The lawsuit is being brought now because the plaintiffs strongly believe that their rights have been violated within the workplace," she said.

Manasquan-based attorney Peter Spaeth, who is representing all of the defendants, did not return calls seeking comment.

According to the complaint, Davis was hired in 2002 to supervise the Social Studies Department and the media center. She remains as supervisor of the two departments, as well as the ESL Department.

"Plaintiff has been subjected to discrimination by defendants on the basis of her race and/or her gender and/or her age over the past several years, and has been retaliated against by defendants for voicing her complaints about this discrimination," the suit claims.

The complaint also states that when Davis took over the third department in 2005, she did not receive additional compensation for the extra duties, which was contrary to the common practice of the district.

T

he suit claims that a younger, Caucasian

male was given compensation for taking over an additional department.

In the complaint, Davis claims that she asked for the additional compensation in 2007 but was denied and was told that someone younger could replace her. She was then given a one-time stipend, the suit states.

She was then removed as supervisor of the media center in 2007 following her frequent demands for additional pay.

Davis is seeking punitive and compensatory damages.

The suit filed on behalf of Domanich claims discrimination based on age and gender.

Domanich has been employed at the school as a truant officer since 1993 and is claiming that the defendants have created a work environment that is hostile to women.

"Female employees who voice opinions, assert their rights as employees or as citizens, who disagree within proper channels about official policies and directives, or express concerns that policies, laws and directives are not being followed and obeyed are routinely demeaned, harassed and driven from employment," the suit claims.

Most of Domanich's complaints stem from an unresolved issue with a subordinate that she claims the defendants worsened in 2007.

The complaint filed on behalf of White, who was hired in 1995 as a social studies teacher and varsity cheerleading coach, describes sexual harassment that was tolerated by the administration from the time she was hired.

According to the suit, White complained throughout her tenure and in 2005 was terminated as cheerleader coach in an alleged retaliation for the complaints.

She reinterviewed for the position in 2006 but was ultimately turned down for someone with less experience, the suit states.

White also claims harassment and discrimination by the high school administration.

"Female employees are frequently and routinely harassed with petty administrative issues that were tolerated, or at least overlooked with the younger staff," the suit claims.

Charles Ford was named to succeed Cleary, and Cotz said she is hopeful that the new administration will adhere to the school district's policy barring discrimination against employees.

"The new superintendent and the BOE should be aware of the district's workplace anti-discrimination policy and seek to enforce it at all costs," she said.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Sunday, December 20, 2009

Boro, Pop Warner at odds over funding

Boro, Pop Warner at odds over funding
Parents protest targeting of grant for soccer complex
BY KENNY WALTER Staff Writer

TINTON FALLS — Pop Warner parents and children packed the Tinton Falls council room last week to discuss how potential open space grant money should be used.

The meeting took place at the Sept. 15 Borough Council meeting and was kicked off by a presentation by Borough Engineer David Marks, of T & M Associates.

Marks said the borough is planning to apply for grant funds by the Sept. 23 deadline from the Monmouth County Open Space Grant program.

The county will match funds with the borough up to $250,000 if the plan that Marks submits is approved.

"The project we have here tonight is for the West Park Avenue recreation area, also known as Liberty Park II," Marks said.

According to Marks, the park is currently 37 acres and contains football and softball fields, a dog park, two basketball courts, nature and jogging trails and a concession stand as well as parking.

Marks explained what his initial plan seeks to accomplish.

"What we'd like to do under this project is expand the existing recreation uses and essentially keep it within the confines of our property," he said.

One of the projects included in the plans is a tot-lot, or a playground designed specifically for younger children.

The new playground would be located in the area immediately adjacent to the concession stand and a picnic area would be constructed above it.

"The picnic area would provide an area for people to enjoy their lunch," Marks said.

According to Marks, the grant money would also be used to correct some existing parking issues.

"One of the main problems we've had is the parking problem," he said. "In an effort to try to correct some of those problems, we are looking at maintaining the existing driveway, but also expanding upon it and adding a new access drive and some additional parking.

"This is approximately a 40-percent increase of what's there now," he added.

Marks said a survey crew would be asked to go out to the park to map out the wetlands lines.

He also said plans call for installing a new sidewalk throughout the park, as well as new lighting in the parking lots and for creating rain gardens.

"Rain gardens collect the water as it runs off the parking lot, and it runs through a multitude of moisture tolerant plants," he said.

Marks acknowledged that the borough could not carry out all of the projects in one year, which is why he will plan projects in phases in order to maximize grant money.

One of the projects that would be considered for the future is building a pavilion building on site.

"We could have a fairly large open space here on site that is covered," Marks said. "We could have family reunions, barbeques, picnics, things like that.

"It is something we'd like to do, but we would consider that in a separate phase."

Many of the Pop Warner parents attended the meeting to request that the funds be used for lighting for the football fields.

Marks unsuccessfully tried to diffuse those questions before they were even asked.

"Yes, we considered lighting," he said. "The way we look at this is we'd like to max out the grant total."

Marks said that the estimate for the current project is around $500,000, and adding lighting would push the project past that amount.

"Right now, we are at about $500,000," he said. "If we were to add lighting, it might be another $200,000 to $300,000. We'd lose the bang for our buck and we would out pace the grant," he said.

Marks went on to say that lighting for football is in the future plans.

"I think it's an excellent project," he said. "I just think it's a subsequent phase. And we could go after the county funding again and they could fund 50 percent of that project."

However the largely pro-Pop Warner crowd pleaded with the council to jumpstart the project this year.

Monmouth Falcons Pop Warner serves Tinton Falls, Eatontown, Shrewsbury Township, Fort Monmouth and Earle Naval Weapons Station. Vice President John Cahill tried to explain the position Pop Warner is in.

"I think some of the problems we've had in the past with that park have been the fact that Eatontown is not sharing some of the burden of cost and that Eatontown children play on there," Cahill said, adding that another issue is the surface area of the parking lot.

"The initial reason why we are coming to this meeting is because I was under the impression we are going to improve the parking lot by putting in pavement," he said. "Right now when it's dry it's like a sandstorm, when it gets wet it's a mud pit."

Cahill said he would also like to see improvements made on the field.

"Look at what the children are playing on in practice," he said. "The field itself needs some improvement, as far as dirt and better drainage."

Cahill also charged that Pop Warner is treated worse than other sports, specifically citing soccer.

"We've paid for a lot of the items we have as far as an organization," he said. "I just think we have to look at what the whole site is.

"I think football is being put at on very, very long list of to-dos," he added.

Tinton Falls Administrator Bryan Dempsey responded to the criticism.

"The last round of funding that this borough has put in was for Pop Warner," he said. "It was for bleachers and the concession stand. We've really pushed forward and gotten things that you wanted," he said.

Dempsey also said that the situation with the soccer complex is different from this one.

"The soccer complex was built with an off-track improvement from the developer," he said. "And then the borough went out and got funding for those lights. It's not like the borough has spent $2 million on the soccer complex."

Also critical of the plan was resident Robert Caizza.

"We are looking for lighting," Caizza said. "We don't want the tot park where parking is.

"The cars are coming in and out, it's dangerous to them," he added. "The tot park should be on the other side of the park where the baseball field is."

Caizza said he would like to see any improvements possible to the football situation.

"Whether we are getting grants from the county, whether we are getting grants from the state, the football field has been established here," he said. "It's not a football field without lights.

"The kids need the lights here," he added. "Whether it's coming from the open space grant, whether we put in a referendum to the town and ask them whether or not we need lighting here."

However Marks said the county would not approve the funding unless the project could serve multiple functions.

"We need to have a balance with the needs," he said. "I can't come in and create a parking lot instead of a recreational use. I can submit it, but they'd never approve it," he added.

At the end of the half-hour-plus public discussion, Council President Duane Morrill promised to try to work with Pop Warner to reach a middle ground.

"We know what you're looking for and we're going to work with you," he said.

Borough Clerk Karen Mount-Taylor confirmed last week that a meeting between the borough and representatives of the Pop Warner organization took place Sept. 16 and a revised plan will be submitted this week.

Contact Kenny Walter at

kwalter@gmnews.com


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Saturday, December 19, 2009

City, MTOTSA find common ground

City, MTOTSA find common ground
Owners of three properties refuse to sign settlement
BY KENNY WALTER Staff Writer
After more than nine months of mediation, the city of Long Branch reached an agreement to preserve a beachfront neighborhood that all involved agreed is imperfect but, nonetheless, a workable compromise.

FILE PHOTOS MTOTSA activists Denise Hoagland (l) and daughter Violet sit on their porch with Lori Ann Vendetti in 2005.
All but six property owners in the MTOTSA (Marine and Ocean terraces and Seaview Avenue) neighborhood reached a settlement in their longstanding battle over the city's condemnation of their homes, which was formalized on Sept. 15 at the county Hall of Records in front of Superior Court Judge Thomas Cavanaugh Jr.

"I've always said that I wanted to keep the house and get eminent domain off the table. We had to fight, we weren't going to just give up the houses," said Lori Anne Vendetti, one of the MTOTSA residents who fought to save their homes from condemnation and who signed on to an agreement with the city that will permit her to keep her family home. She said the goal had been reached.

"We've had our ups and downs, but the goal was to keep our houses and live in peace without eminent domain," she added.

MTOTSA residents and their supporters held rallies to draw attention to their fight to save their homes from being taken by eminent domain.
Vendetti explained that the 16 owners of MTOTSA properties who signed the agreement didn't get everything they wanted.

"It's a settlement; obviously, you don't get everything you want," she said. "We wanted sidewalks and new curbs.

"I would have preferred eminent domain off the table citywide," she added.

Cavanaugh himself noted that the parties had come a long way since talks began in January.

"When I first got involved, there seemed to be some trepidation on the part of all concerned," Cavanaugh said, addressing those in the room. "There were very emotional feelings on the part of all parties.

"It didn't come easily," he added. "In the end, I think we have a product that everyone has found acceptable."

Long Branch Mayor Adam Schneider said the agreement was exactly that — a settlement.

"I'm glad it's resolved," he said after the session at the Hall of Records. "I think we moved steadily toward a resolution, but that doesn't mean it was easy.

"The property owners didn't have one point of view," he added. "The city didn't get everything it wanted, we had to compromise."

Denise Hoagland, one of the MTOTSA property owners who did not sign the agreement with the city, said she was doing so on moral grounds.

At a special City Council meeting later that evening, she explained her family's position.

"It is with a clear conscience that the Hoaglands did not agree to all terms of the settlement," she said while addressing the council.

"We strongly felt that in signing, we would be saying that what the city did was OK, and clearly it was and is not."

Nearly 20 MTOTSA residents as well as their attorneys showed up at the Hall or Records, where attorneys signed the consent order of settlement.

MTOTSA attorneys included Peter H. Wegener, of Bathgate Wegener and Wolf, Lakewood; Scott Bullock, senior attorney with the public interest law firm Institute for Justice, Arlington, Va.; and William J. Ward, of Carlin and Ward, Florham Park.

The city was represented by City Attorney James Aaron, Mayor Adam Schneider and Business Administrator Howard Woolley Jr. Also at the courthouse were attorneys for the developer MM-Beachfront North II, which was slated to redevelop the modest, three-street beachfront neighborhood as luxury condominiums.

MTOTSA is one of six zones slated for redevelopment and is located in the city's Beachfront North Phase II redevelopment zone. Also labeled as redevelopment zones are Beachfront South, Pier Village, Hotel Campus, Broadway-Gateway and Broadway-Corridor.

The settlement pre-empts a legal battle in which MTOTSA attorneys challenged the city's blight designation of the neighborhood, enabling the city to use eminent domain to take the homes.

The two sides were scheduled to meet in state Superior Court before Judge Lawrence Lawson, who scheduled the case to be heard in his courtroomJune 8 if negotiations between the two parties failed.

In June 2006, Lawson ruled in favor of the city's right to use eminent domain in MTOTSA, but attorneys for MTOTSA appealed the decision and the appellate court remanded the case back to Lawson to give the city the opportunity to expand the record in an attempt to prove that its redevelopment plan met the heightened blight standard.

Both MTOTSA and the city petitioned the state Supreme Court to hear the case, but the court denied both requests.

A few hours after the signing of the agreement, the City Council held a special meeting to adopt two resolutions authorizing the settlement order and amending the redevelopment agreement for the Beachfront North Phase II redevelopment zone.

One of the major sticking points in the settlement was the stipulation that residents who signed on agreed to waive their right to sue the city for compensatory damages.

In return, city officials agreed to take eminent domain off the table in the neighborhood and to allow property owners the right to improve their homes.

Also part of the 14-point deal is that the city will pay $435,000 in legal fees for MTOTSA; will have the developer demolish all boardedup houses in the neighborhood; and within two years will pave the roads and fix the lighting conditions in the area. Another benefit to the property owners is that they are now eligible for five-year tax abatements.

One point of contention that bothVendetti and Schneider said almost ended the talks were the 17 houses in the neighborhood that were acquired by the developer and boarded up. Those houses have been a haven for crime in recent months.

"We felt very strongly about it, and that was a non-negotiable point," Vendetti said. "We weren't going to budge on it; we felt it was making the neighborhood unsafe."

"That became a real issue of contention," Schneider said after the Hall of Records session. "That was probably as close as this came to being derailed."

Wegener summed up the settlement as simply the city's desire to free itself from possible litigation.

"Most of the defendants gave up their right to damages in order to facilitate the reconstruction of the neighborhood," he said. "It sounded like we're getting everything, so what's the city getting?

"Well the city is getting releases," he said.

Bullock explained that the six MTOTSA property owners who didn't sign on to the settlement are still able to improve their homes and not live under the threat of eminent domain. However, they are not eligible for tax abatements.

"I understand the reasons [for not signing]," he said. "I think it is more a matter of principle as opposed to being compensatory.

"They can decide what if any actions [they will take] in the future," he added.

At the special meeting that evening, Hoagland read a statement explaining her family's refusal to sign the agreement.

"For one, we are not developers, and we felt that if we agreed to becoming a developer for our property, then we would be accepting the term of blight for our property, which we do not.

"In this aspect, it is not a financial gain to receive the tax abatements for us, as we will not be redeveloping our property," she added.

Hoagland implied that the family may seek redress through litigation against the city.

"We also choose not to release the city of damages because we still strongly feel that what the mayor and council did was inherently wrong and had they listened to us eight years ago, personal suffering, financial loss to residents and the city would not have existed," she said.

"We are uncertain as to if we will act upon this action, but on moral grounds we could not commit to signing," she added.

Others criticized the settlement, among them Councilman Brian Unger, who voted via speakerphone not to approve the agreement.

"Since this measure will pass, there needs to be at least one symbolic 'no' vote as a … check on the errors and arrogance that led this administration to refuse to settle with MTOTSA six years and 2 [million] or 3 million dollars ago," Unger said.

"This was a shameless waste of taxpayer money," he added.

After the public discussion, Aaron addressed the meeting, explaining that the Beachfront North developer decided not to acquire more properties in the neighborhood, and the city was faced with a decision.

"The city had a choice where they could move forward with their own money without a redeveloper," he said. "The city decided they didn'twant to do that. The city also had a choice to abandon eminent domain and walk away and leave property owners where they were.

"The city in a good faith effort reached out to property owners nine months ago," he continued. "The city had to work in conjunction with the property owners to rezone this property."

Aaron answered criticism that the city has incurred high legal fees in its effort to take the homes in MTOTSA through eminent domain.

"No legal fees have been paid by the city for over a year and a half on this project," he said. "The $195,000 paid by the developers will pay the legal fees and professional fees that have been incurred by the city.

"In all of [Beachfront North], all the legal fees and design fees have been paid by the developers," he added.

With the settlement now signed, Vendetti, whose father, Carmen, died while negotiations were ongoing, said she has a sense of cautious optimism.

"Overall, I'm happy. I'm sad my father couldn't be around to see it," she said. "I'm still a little skeptical, not 100 percent trusting of our administration."

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Monday, December 14, 2009

T.F introduces noise restriction ordinance

T.F. introduces noise restriction ordinance
Specific time limits would be set
BY KENNY WALTER Staff Writer

TINTON FALLS — The Borough Council voted unanimously Sept. 1 to introduce an ordinance limiting noise in the borough during certain hours.

The council voted 5-0 after discussing the possible ordinance at two previous summer workshop meetings.

Councilwoman NancyAnne Fama originally suggested the ordinance at the July 7 workshop meeting.

What the ordinance sets time limits and clears up some vague definitions in the original noise ordinance.

"I think it just has a time now," Borough Clerk Karen Mount-Taylor explained last week.

"Before, we just had a general noise ordinance. Now it's between 11 p.m. and 8 a.m."

The ordinance seeks to control "Sound that is plainly audible from off the premises, adjoining properties or public spaces between the hours of 11 p.m. and 8 a.m."

The borough currently has a noise ordinance that was drafted in the 1980s that is considered outdated by the borough administration.

"Now the enforcement agency has something that says if someone is making very loud noises and disturbing the neighborhood at 11:05 p.m., they now have something in writing," she added.

Mount-Taylor also said that noise was better defined in the proposed ordinance.

"Some things were defined better, meaning prohibited noises," she said.

The ordinance also adds some restrictions on some new-age noise-making devices, such as sound-amplifying devices.

Also included in the fourpage ordinance are clarifications involving animals, construction, advertising and personal noise, such as yelling

and singing loudly, garbage

collection and landscaping.

When the noise ordinance was discussed in workshop, there was mention of setting a decibel limit, but the ordinance, as introduced, has no mention of a decibel limit.

Tinton Falls Police Chief Gerald Turning told the council that there are many complaints throughout the town about noise.

Mount-Taylor was happy with the proposed ordinance, saying, "Before, it was too general."

A public hearing on the ordinance is tentatively scheduled for Oct. 6.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Sunday, December 13, 2009

New diner opens in Casey Jones location

New diner opens in Casey Jones location
Long Branch Diner opens with new name, new look
BY KENNY WALTER Staff Writer

LONG BRANCH — A local favorite for decades, the Casey Jones Diner shut its doors more than four years ago but has reopened with new management and a new look.M

anny Minhas took over the spot at 185 Morris Ave. about a month ago and he has changed the name to the Long Branch Diner.

Minhas quickly prepared the diner to open Aug. 20 and he said recently that it's been a struggle to get the word out.

"The hardest part has been telling people that we are open after four years," he said.M

inhas said it's been especially difficult to let customers know a new diner is open at the Casey Jones location because previous management reopened the diner briefly six months ago.

The former eatery's space has been completely renovated and now boasts a few specialty rooms, he said.

"There is a banquet hall upstairs," Minhas said. "We can hold about 100 up there for parties.

Minhas also said he is looking into obtaining a liquor license for the diner, but for now it is BYOB.

Also new are rooms that look like oldfashioned train cars and one that looks like a caboose, which will be used for children's parties.

"Somebody told me that it was a replica of the train cars and caboose when the Casey Jones first opened," Minhas said.T

he diner also contains train-themed memorabilia, including an original clock from New York's Penn Station.

The rest of the seating area has been redone from four years ago.

"Everything is new," Minhas said. "New bar, new booths and new seating areas."

One thing that has not changed much is the menu.

"We have a regular diner menu," Minhas said. "We have breakfast, lunch and dinner."

The diner is also offering a 10-percent discount to senior citizens, Monmouth Medical Center workers, transit workers and Monmouth University students.

The Long Branch Diner is open seven days a week from 6 a.m. to midnight.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms



1-800-FLOWERS.COM

Rental housing remains a concern for Elberon residents

Rental housing remains a concern for Elberon residents
BY KENNY WALTER Staff Writer

LONG BRANCH — Residents of the Elberon section of Long Branch met last week at the annual Elberon Voters and Property Owners Association meeting to discuss topics of interest to the community.

The topics included erecting stop signs and traffic lights, paving roads, and speed enforcement, but the topic that elicited the most reaction was the issue of problems associate with rental housing.

Issues with rental properties have been a long-standing problem for the community, particularly involving college student renters attending Monmouth University in West Long Branch.

"My concern is absentee owners in Elberon and all the rentals that go on," said one of the more than 30 residents who crammed into the Elberon Library on Sept. 3.

Residents voiced their concerns, citing problems with parking, partying and garbage, which one resident said has led to having rats in her yard.

Long Branch Business Administrator Howard Woolley Jr. and council members Brian Unger, who is an Elberon resident, and Michael DeStefano attended the meeting,

Woolley and Unger spoke of a pending lawsuit between the city and a group of landlords, which began when Long Branch and neighboring Ocean Township passed ordinances to limit the number of certificates of occupancy (CO) for single-family homes.

"There is a case pending in the Superior Court, and the other side is landlords, and they've been stalling the case for two years," Unger said.

"We had met with Ocean Township on this, and we had agreed to move forward limiting the number of COs a single-family home could obtain," Woolley added.

The ordinance Long Branch passed limiting the number of COs ultimately resulted in the lawsuit.

"We were sued by a group of absentee landlords," Woolley said. "We are being defended by the city attorney and an insurance company attorney.

"We had it thrown out of federal court and it was brought to Superior Court," he added.

Woolley said there is a Superior Court precedent from nearly 30 years ago that stipulates that 13 people living in the same house could be considered a single family.

The ruling is one Woolley doesn't agree with.

"I think that's totally ludicrous," he said. "We have to comply with that. It's a difficult situation because while you can zone the single-family use, you can't zone ownership."

Woolley discussed an ordinance that provides that landlords are subject to large fines after three violations.

He also defended the Long Branch Police Department, saying they do the best they can but they need help.

"We ticket them [renters], we arrest them, but we need to be made aware of when these problems occur," he said.

Woolley added that the Long Branch Police Department works hand in hand with the Monmouth University police.

Unger, however, was not necessarily happy with the efforts of the university.

He said he wants to take the approach of having residents of Long Branch, Ocean and West Long Branch work with the university to try to regulate and handle problems with renters more effectively.

"My own personal view is there should be a committee formed to work on these college-related and rental-related issues," he said. "There should also be a three-town approach; there is a lot more political power with that approach."

Unger proposed the idea in April to Ocean Township Mayor William Larkin.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Zoning change introduced by council

Zoning change introduced by council
Use variance possible but unlikely, official says
BY KENNY WALTER Staff Writer

LONG BRANCH — The City Council introduced an ordinance last week that would eliminate freestanding commercial buildings in a zone that currently has a mix of commercial and residential properties.

change the zoning for an area that currently has both commercial and residential properties.

On Sept. 8 the council voted 4-0 to introduce an amendment to the RC-1 zone that would curtail mixing residential and commercial properties in the zone. Councilman Brian Unger was absent for the vote.

Assistant Planning Director Carl Turner said in an interview last week that the RC- 1 zone amendment would eliminate freestanding commercial properties from mixing with the residential character of the area.

"The establishment of any new standalone commercial/retail/food uses shall be prohibited unless they are located adjacent to and abutting an existing stand-alone commercial use," the ordinance states.

Turner explained what the ordinance stated.

"This will prohibit creating commercial establishments in residentially permitted areas," he said.

The area already contains freestanding commercial properties, but any future ones would be prohibited unless a use variance is obtained.

The zone is bordered to the north by the line for Monmouth Beach, the south by Seaview Avenue, the east by Seven Presidents Oceanfront Park, and to the west mostly by Ocean Boulevard, with portions jetting out farther west.

City Business Administrator Howard Woolley Jr. said the administration is standing behind the Planning Board on this.

"The Planning Board did not want to have freestanding commercial buildings there," Woolley said. "They felt it was less than desirable to have them in the zone.

"They felt it should be a mixed zone," he added.

Turner explained that commercial buildings would not be mixed in with the residential buildings, which would create what he called a checkerboard of commercial and residential properties.

Turner also said that it is hypothetically possible for a prospective builder to receive a use variance to go against the amendment.

"The Board of Adjustments can grant a use variance," Turner said. "But they do not believe in having stand-alone commercial buildings in the zone, so the potential is very slim."

Turner said that any potential building that is not a permitted use may apply for a use variance with the Board of Adjustments unless the property is located within one of the city's six redevelopment zones, where variances are not available. The RC-1 zone is not within a redevelopment zone.

Turner also said that this has been on the books, but they decided to table the amendment.

"It's been on the books for several years now," Turner said.

Turner said that in his time working in Long Branch, it has been the practice for the City Council to not pass ordinances that would affect current applications or litigation with any of their boards.

"The boards are supposed to be neutral," Turner said. "So, we have seen previous applications that needed protection.

"The City Council is not going to interject themselves into any of the boards," he added.

Turner went on to say that it is illegal for the mayor or the council to influence any of the boards.

With that said, there are no current applications or litigation for the boards to be involved with in the area, which Turner said made this a good time for the amendment.

"Right now is the perfect time for this," he said.

The current commercial properties in the zone can be grandfathered into the new regulations, and new development can also happen.

Turner said that current commercial uses in the zone can be sold, and a new use can be implemented on the footprint.

"Commercial areas can still develop," Turner said. "It will place a status quo in the areas that are commercial and in the areas that are residential.

"The zone is not supposed to go all in one way or the other," he added.

Turner also said that it is possible to have a residential use on top of a commercial use and vice versa.

Turner explained that it is the job of the Planning Board to move forward with anything they come up with that will help the city."

We are always reviewing zoning and planning," he said. "We are looking at what the master plan calls for."

A public hearing on the amendment is scheduled for Sept. 22.

Contact Kenny Walter at

Kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Saturday, December 5, 2009

Council considers meeting changes

Council considers meeting changes
BY KENNY WALTER Staff Writer

TINTON FALLS — Long meetings followed by rushed workshop sessions are cited as reasons to change business in Tinton Falls.

Members of both the council and administration brought the issue up at the Sept. 1 workshop meeting, one of the few council meetings that hasn't gone past 10 p.m.S

ome solutions were proposed, including starting the meeting earlier, moving the workshop to before the council meeting, and dedicating an entire meeting to the workshop session.

Business Administrator Bryan Dempsey said at the meeting that he is looking for a way to make the council meetings more efficient.

"We want to see if there is a different form of business that might be a little more productive," he said. "It might be a way to get things to flow a little better and quicker."

The current structure has the council meeting start at 7:30 p.m., immediately followed by an executive session and workshop meeting.

However, Dempsey noted that if the meeting runs late, the workshop becomes rushed.

"At the meeting it could be 10 o'clock, and at that point everyone's had a busy day and are racing to get through it to get home," he said. "Maybe people are voting on things that they are not comfortable with."

The option the council discussed the most is to dedicate one of the two monthly meetings to business and the other to workshop. Public participation would be included in both meetings.

"I think something dedicated solely to a workshop would be a great idea," Borough Clerk Karen Mount-Taylor said. "You rush through it; you're not asking all the questions that the council needs to ask."

Dempsey explained to the council that having a meeting dedicated to workshop would give the council the chance to explain some of the ordinances and resolutions that are not necessarily given a full explanation in the current format.

"It would also give us time to explain different things on the agenda," he said. "We can get some more details for you."

Mount-Taylor also said the council should limit the number of items on the workshop agenda so that the session doesn't run too long.

"Maybe only limit 'x' amount of items to go on the workshop," she said.

One councilman did not like the idea of having a meeting dedicated to workshop.

"I am very flexible on this stuff," Councilman Gary Baldwin said over speakerphone. "I think we need to have two meetings a month.

"I don't have a problem with moving the workshop up in the meeting, but I don't want to have just a workshop meeting and only one meeting there- after," he added. "Time and time again we will need a special meeting probably."

Another concern is that having only one meeting to conduct business might overload that meeting, but council President Duane Morrill doesn't think that'll be the case.

"It probably won't, because by having the workshop meeting, all the questions would be answered at that point," he said. "We could do the business meeting as a strict business meeting.

"Get in early, get out early, and spend a little time with our families," Morrill added.

If the structure of the meeting remains the same, then the council may elect to just make it earlier.

"Maybe we can start sooner and end sooner," Dempsey said. "Maybe we could cut off at 10 p.m. as opposed to 11 [p.m.] so people could get home at a decent hour."

Dempsey went on to explain that work issues in previous administrations meant that the meetings had to start later.

"In the past we had issues where we had to start at 7:30 p.m. because they couldn't get here anytime sooner," he said.

One councilman who was particularly happy with an earlier start was Morrill.

"It hurts me because I'm getting up at 4 o'clock in the morning."

Baldwin and Mount-Taylor suggested that the council ultimately go back in history and look at what may work.

"I start my 23rd year here, and I could probably write the book on how many times we changed the meetings," Mount-Taylor said.

"Why don't we look at the history book and take some conclusions from that?" Baldwin asked.

Mount-Taylor was also in favor of holding the workshop meeting and executive session before the regular meeting.

"That would be a great tool, to start that at the beginning," she said, citing the council's ability to possibly react right away to issues brought up before the meeting.

The administration said they would look at all the options and possibly have a decision by the next meeting.

If the council changes the format of the meetings, it does not necessarily mean the change would be permanent.

Council members said they may try something, but that if it doesn't seem to be working, they would go back to the old order.

"It's something we can try, and if it doesn't work out, we can always go back," Morrill said.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Thursday, December 3, 2009

Rescues up as rip currents impreil swimmers

Rescues up as rip currents imperil swimmers
Seven Presidents' lifeguards sweep summer tourneys
BY KENNY WALTER Staff Writer

PHOTOS COURTESY OF THE MONMOUTH COUNTY PARK SYSTEM Teams of Seven Presidents Oceanfront Park lifeguards compete in the 10th annual Monmouth County Park System Invitational Surf Relays last month, placing first among the 10 teams competing.
LONG BRANCH — While it's been a profitable beach season in Long Branch, it has also been a dangerous one.

Michael "Spike" Fowler, lifeguard supervisor for the Monmouth County Park System at Seven Presidents Oceanfront Park, said last week that the 2009 season featured a record number of rescues.

"It's easily a record-breaking season," he said. "It's been a tremendous problem.

"I don't have the rescue numbers in front of me, but it's been an absolute record this season," he added.

According to Fowler, each day has been a challenge.

"We have had multiple rescues every day," Fowler said. We had six rescues today [Sept. 2]."

As hurricane season hit the Shore area, the problem was not necessarily rough waters. According to Fowler, the undertow and rip currents were the real concerns.

"The water was not that rough but the rip current is the problem," he said.

What that does is create a problem for the lifeguards because while the water is dangerous, to the naked eye it looks calm, encouraging people to go in.

"It is difficult to keep people out of the water because the water isn't that rough," he said. Fowler cited the sand replenishment program as creating the dangerous rip currents.

"The problem was the sand replenishment project a few years ago," he said. "What it did was create a sand bar that is forming these rip currents."

Another problem Fowler mentioned was the propensity of people going to the beach after hours, when lifeguards are not on duty.

"Lifeguards in general don't want afterhours bathing," Fowler said. "It is something preventable.

"You should not be going bathing when lifeguards aren't on duty," he added. "The vast majority of drownings occur on unprotected beaches."

The season was not all challenges for

Fowler, who completed his 21st season with the county and 46th year at the ocean.

"It was a great season," he said. "I'm happy to be here."

The beach year did not start well, with a rainy June, but the weather picked up the last two months and business has been booming.

"The weather in August has been nice after a dismal June," Fowler said. "We've had a record number of patrons."

That fact was echoed earlier this summer, when representatives of the recreation department spoke at a council workshop meeting.

Danny George, beach manager, and Carl Jennings, director of the Recreation Department and Human Services, delivered a presentation at the July 28 meeting, saying that revenues were at an all-time high this summer.

Popular beaches and record revenuesweren't the only good news for the beaches.

Both the men and women lifeguards won their respective lifeguard tournaments this season.

The men's tournament was held at Seven Presidents Park in early August, while the women's was held at Sandy Hook July 20.

Both teams have a long-standing tradition of winning their tournaments.

"After two postponements, we [Long Branch men's lifeguards] won it for the ninth time in 10 years," Fowler said.

"The women won first place at Sandy Hook," he added. "It's the 10th year in a row."

One misconception Fowler spoke about is that summer ends on Labor Day. According to Fowler, that was the case in the '70s and '80s, but not today.

"Labor Day was the typical last day of summer," he said. "It's not the case anymore.

"Most keep lifeguards on duty one or two weekends after Labor Day," he added.

According to Fowler, daily lifeguards on duty ended on Labor Day [Sept. 7], but lifeguards will continue to be on duty weekends until Sept. 20. There will also be no charge for beach badges after Labor Day.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Wednesday, December 2, 2009

Advocates optimistic for Takanassee solution

Advocates optimistic for Takanassee solution
Port Huron house still needs a new site
BY KENNY WALTER Staff Writer

LONG BRANCH — Advocates for preserving all three of the Takanassee Beach Club buildings expressed optimism last week that the Port Huron house will remain in Long Branch.

The house is the smallest of the three buildings on the beach club site in the Elberon section of the city and the only one remaining whose fate remains uncertain.

The former Takanassee Beach Club site on Ocean Avenue was originally U.S. Lifesaving Station No. 5.

Developer Isaac Chera, principal of Takanassee Developers, purchased the property for just under $18 million from members of the Peters family.

The developer was issued a Coastal Area Facility ReviewAct (CAFRA) permit by the state Department of Environmental Protection to permit

"construction of a luxury condominium project on the oceanfront site.

Chera cannot proceed with the project until he complies with the conditions listed in the CAFRA permit, which include preserving the three historic buildings on the site.

Plans call for one of the structures, the boathouse, to be preserved on site and become part of the new development, and for the others to be relocated and restored off site.

A Monmouth County official has confirmed that the county will move the Captain's House to its Seven Presidents Oceanfront Park.

The Port Huron building, a former residence, is the remaining structure, which must be moved, but there is not yet a new site for the house.

Councilman Brian Unger has lobbied for the building to remain within the city limits, and as of last week Unger said he is optimistic that a solution will be found.

"I am cautiously optimistic that we will find a place in Long Branch," Unger said in an interview. "I think progress is being made."

A member of the Long Branch Historical Museum Association echoed Unger's sentiment.

"Things are progressing," Jim Foley said. "If there is funding, then it should be a no-brainer.

"There should be no problem keeping all three buildings in Long Branch," Foley added. "Hopefully Congressman [Frank] Pallone can be of assistance."

However, even if funding is obtained, there are potential problems involved in moving the building.

Unger, who led a tour of the Takanassee property in July, mentioned overhead wires and optical fibers as possible problems in moving the Port Huron building.

"That's why moving it from Elberon to North Long Branch is so difficult," he said. "There have been talks about using a barge.

"Since the building is right on the ocean, that might be the easiest way," he added.

Also optimistic about finding a good fit for the building is Lawrence Jacobs, attorney for the Takanassee developer.

Jacobs said in an interview last week that there have been inquiries about the Port Huron house.

"Some are local, some are not local," Jacobs said. "We have had discussions.

"It would be unfair to disclose them now," he added. "We have done our due diligence on feasible names and locations.

"Relocation is a priority," he continued.

Jacobs, of Wilentz, Goldman & Spitzer, Woodbridge, said there are also historic preservation regulations that must be followed when the building is moved.

He also said that some of the inquiries are from parties that want the building but don't really have a use for it.

Unger has long lobbied for the building to be moved and reused as a maritime and surfing museum.

"When finding a place, the location has to work," he said.

Unger also spoke about the possibility of the building ending up on a city-owned property.

"If we can't find a private property to take the building, a city-owned property might work," Unger said.

In the past some of the sites that have been publicly discussed as options are Hoey Park, Manahasset Creek Park and the Church of the Seven Presidents Park.

While there is still a level of uncertainty about the future of the Port Huron house, people vested in its preservation are confident that there will be a solution announced soon.

"Things are moving along," Foley said. "Hopefully we will have some public comment soon."

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

A room of their own for ailing teens is dedicated

A room of their own for ailing teens is dedicated
The Living Room was the vision of Ezra Abraham
BY KENNY WALTER Staff Writer
The Living Room at Monmouth Medical Center in Long Branch was dedicated last week on the birthday of the young man who envisioned the room as a place of respite for teens undergoing treatment.

PHOTOS COURTESY OF THE EZRA ABRAHAM TO LIFE FOUNDATION Clockwise from top: The Living Room provides a place for teens to relax during hospital stays. Susan Dulczak, of Monmouth Medical Center, and Craig Viechec, president of the Ezra Abraham To Life Foundation.
The Living Room was dedicated by the Ezra Abraham To Life Foundation, which also funded the room, in a ceremony at the medical center on Second Avenue attended by Abraham's family members.

The Ezra Abraham To Life Foundation is named for its founder, who passed away from a rare cancer four years ago. Ezra would have turned 27 on Aug. 25, the day the Living Room was dedicated.

Joanna Black, spokeswoman for the foundation, explained that the idea was originally Ezra's and that he saw it as filling a need.

"It was developed out of the need for teens with terminal diseases," Black said in an interview last week. "It was his idea of some kind of better place to [spend time when undergoing treatment].


"It was also his idea to raise money and start the foundation," she added.

According to Black, the room cost $100,000 and all the funds were donated by the foundation. The Living Room was designed by Bread Design Group, New York.

The problem Ezra sought to remedy was that teenagers confined in the hospital had no place age-appropriate to go to relax.

"All they could go to was the cafeteria, their rooms and the pediatric floor," Black said. "All they could do was play with building blocks and face paint."

Craig Veichec, president of the foundation's board, also spoke about the need for such a living room.

"We wanted to focus on the teenager because they seemed to be neglected," he said in an interview. "It was awkward having them on the pediatric floor with little kids."

According to Veichec, the idea started with a collaboration between the foundation and Newark Beth Israel Medical Center.


"We needed a new direction when they told us they didn't have the space for it," he said.

Ezra, who was a resident of the Oakhurst section of Deal, was in and out of Monmouth Medical Center since being diagnosed with a rare cancer at the age of 16.

The fact that Ezra was from the area and that the medical center had a play room in need of refurbishing made Monmouth the perfect match.

"They had an existing playroom that was out of date," Veichec said.

Veichec admitted that the process of getting the room up and running was not an easy one.

"We went through several months of planning," he said. "We came up with a plan, but it took a long time."

Veichec also said creating a budget and months of meetings was some of the work that went into the opening of the Living Room.

A priority for the foundation was that the room should be different from the hospital atmosphere.

"We wanted it to be a place where everybody could relax and chill out," Veichec said. "We wanted to make the rule that no treatment is issued in the Living Room.

"We wanted it to not look like the rest of the hospital," he continued. "It was really a dreary place and there was no space for him to hang out."

Black said the Living Room is equipped with a large-screen TV, video game systems and computers.

"It's giving them an escape from what's really going on," she said. "They are old enough to understand the situation."

In a press release, Black described the room as "a place to meet with friends and family, a place to chill out and read a great book, play video games or surf the Web."

Black described Abraham during the later stages of his life as being able to keep positive.

"He kept a positive outlook through it all," she said. "He wanted a place to have a support system in place."

Black said that the room has been operational for months now and that it was officially dedicated on Aug. 25.

Black said that at least two girls, ages 16 and 20, have already been utilizing the room.

"He just wanted to improve the quality of services at the hospital," she said. "They are in there and loving it.

"We are really starting to see the benefits," she added. "It's changed their lives."

Veichec agreed with the reaction to the room thus far.

"It is being used the way we wanted it to be used," he said.

The Living Room in Long Branch is the model for what Veichec and Black hope will be others in other medical facilities.

"It is a prototype for future living rooms," Veichec said. "There are no specific hospitals we are targeting."

The foundation has held a variety of fundraisers including walks, a basketball tournament, a comedy show and a gift auction.

According to the foundation's website, the mission statement of the Ezra Abraham To Life Foundation is "to ease the suffering of children with cancer and their families."

The foundation can be reached online at http://www.tolifefoundation.org- /main.html.

Contact Kenny Walter at kwalter@gmnews.com


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

City opposes expanding time for blight challenge

City opposes expanding time for blight challenge
BY KENNY WALTER Staff Writer
The city of Long Branch is asking a state Superior Court judge not to allow a legal challenge to the city's blight designation of the Fuschia Triangle property 13 years after the lower Broadway site was slated for redevelopment.

City Attorney James Aaron filed an objection to the plaintiffs' motion for an "enlargement" of the time in which the pending Fuschia Triangle lawsuit could be filed against the city.

Oral arguments on the motion are slated for Oct. 14 before Superior Court Judge Lawrence Lawson in Freehold.

The city's action seeks to offset a brief filed by attorney William Potter on July 26 asking the court to allow an extension of the time in which the legal challenge of the 1996 blight designation of the Fuschia Triangle, or Broadway Gateway, could be brought.

Potter, of Potter & Dickson, Princeton, represents plaintiffs Kevin and Adele Fister, as well as their businesses, Fuschia Triangle Corp. and Coach Corp.

"It's because the timeliness of the complaint was immediately identified as the threshold issue at the case management conference with Judge [Lawrence] Lawson," Potter said in an email.

In the motion, Potter cites multiple court cases where an "enlargement" of time was granted, including Borough of Princeton v. Mercer County (2000) and Brunetti v. New Milford (1975).

The motion states that the Fisters were led to believe they would benefit from the designation put in place in 1996 and had no reason to bring a lawsuit.

"Only gradually — painfully and expensively — did the Triangle plaintiffs come to the awful realization that the city had no plans to allow them to redevelop their properties, nor any plan to purchase or to take their property through eminent domain which — upsetting as it would be — at least would require the city to pay 'fair market value,' " the brief states.

"We all agreed that this was the first issue to resolve due to the presumptive 45-day rule for challenging the blight designation from 1996," he said.

However, Aaron is requesting that the judge hold the plaintiffs to the letter of the law.

In the brief, Aaron argues that "no action in lieu of prerogative writs shall commence 45 days after the accrual of the right to review, hearing or relief claimed."

Aaron argues that there may be an exception to the rule "only where it is manifest that the interest of justice so requires."

Aaron also refutes each of the enlargement cases cited as precedents in the plaintiffs' motion, claiming that the courts do not regularly grant enlargement of time in lieu of prerogative writs.

The objection also states that the city gave the plaintiffs adequate notice of the redevelopment designation.

"As early as January 1996 and the latest May 1996, the plaintiffs knew that the property had been deemed an area in need of redevelopment," it states.

The city's brief cites public hearings, ordinances and resolutions passed in 1996 and a redevelopment report issued as the basis for the objection to the claim that the property owners were unaware of the blight designation.

In the brief filed last month by Potter, he states that if the property owners had been properly notified of what the zoning entailed, a lawsuit would have been filed at that time.

"If the city's notice in 1996 had warned of the drastic consequences of a redevelopment area designation," the motion states, "if the Planning Board had not consumed most of the one public hearing trying to placate public fears of the drastic consequences that could befall property owners, suit would have been filed promptly, but none of this occurred.

"Had any of these occurred, then there would have been no need for Fuschia Triangle and Coach to bring this case 13 years after the contested designation," the motion continues. "But nothing of the sort happened."

Potter argues that the court has the authority to enlarge the time for the plaintiffs to challenge the city's designation of the property as in need of redevelopment.

"New Jersey Court Rule 4:69-6(c) empowers the court to enlarge the time for the plaintiffs to challenge the City of Long Branch's unconstitutional designation of their property as 'in need of redevelopment,' a euphemism for 'blighted,' " the brief states.

"This appeal presents an abundance of "novel or substantial constitutional issues" that the Supreme Court has held justify enlargement of time for the court to reach the merits.

"The city designated [the Fisters' lower Broadway] property as 'blighted' in 1996 based on uninformative, misleading notice that does not come close to meeting the constitutional standard of 'due process' notice," the 42- page brief argues.

Yet, the city has never moved to purchase the 1.8-acre commercial property, name a redeveloper nor permitted the plaintiffs to redevelop their property, the brief states, and the designation has deterred buyers from purchasing the property.

Potter cites precedent-setting cases in the brief, including Harrison Redevelopment v. DeRose, a 2008 Appellate Court decision, relating to the standard for "due process" notice, and Gallenthin Realty Development v. Borough of Paulsboro (2007).

"Based on facts far less compelling than these, the courts have enlarged the time for appeal so the courts may adjudicate important public or constitutional issues," the brief states.

The brief goes on to say that the blight designation has affected the plaintiffs' ability to sell the property.

"There can be no doubt that a declaration of blight ordinarily adversely affects the market value of property involved," the brief states. "This is unfortunate because in so many instances the physical taking of the property does not occur for a number of years."

The brief also states what the plaintiffs are ultimately seeking.

"At this stage of the litigation, the Triangle plaintiffs seek only minimal 'due process,' " it states. "They want the right to be heard" by the court.

"They want to present evidence and argument that the city's 'area in need of redevelopment' designation of their property — and that of others caught in the same predicament — was unconstitutional. In this way, they hope to lift the cloud that has hung over their property for more than 13 years," the brief continues.

In the lawsuit filed against the city on April 8, Potter argues that the Fisters have exhaustively pursued alternative courses of action and failed to gain the city's approval of any plans to develop the Fuschia Triangle.

The lawsuit notes that in July 2008, a Notice of Tort Claim was filed in an effort to receive fair compensation for the "de facto" taking of the Fuschia Triangle property.

The lawsuit seeks to overturn the blight designation of the Fuschia Triangle and asks the court for compensatory and punitive damages for the "inverse condemnation 'taking' of the Fuschia Triangle that has resulted from the city's ongoing pattern and practice of 'freezing' the Fuschia Triangle in place for some ill-defined future use or redevelopment purpose that may never transpire."

The lawsuit challenges the blight designation of the plaintiffs' property and the city's entire redevelopment study area.

The city filed a response to the suit on May 13, claiming that the allegations levied against the city were baseless.

Contact Kenny Walter at

Kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Sunday, November 29, 2009

Still rowdy after all these years- roller derby's back!

Still rowdy after all these years — roller derby's back!
BY KENNY WALTER Staff Writer
The Jersey Shore Roller Girls league in Asbury Park is entering the home stretch of their season, which has seen attendance grow at bouts featuring the three league teams.

Top: Murder Beach Militia and Anchor Assassins skaters wait for the start of a jam session during a Jersey Shore Roller Girls bout at Convention Hall in Asbury Park on Aug. 22. Above: Anchor Assassins jammer Christine "Joy Kill Her" Hodan, Freehold, keeps skating as Murder Beach Militia's Clare "Black Eye Betty" Smith, Toms River, tumbles.
The four-team league held a bout between the Murder Beach Militia and Anchor Assassins on Aug. 22 at Convention Hall in Asbury Park. Murder Beach Militia won the bout 105- 102. "It was neck and neck through both periods," player Catherine Galioto said, "with Murder Beach Militia winning by three points."

The league was formed in 2007 and currently has three intra-league teams, as well as an all-star team that competes with other teams from around the country.

The league's website touts the success of the league thus far.

"The newest all-women, flat-track roller derby league that has taken New Jersey by storm … the Jersey Shore Roller Girls is now more than 70 women strong and still growing."

According to the website, the league's popularity is growing exponentially.

"The community response to our league has been overwhelming, and we had the Convention Hall packed to the point where we had to turn people away due to fire codes," it says.

The site also explains some of the differences between roller derby now and the popular version of the sport from the '60s and '70s.

"The roller derby of today is a revamped, flat-track version of the old-school sport that many of us remember from years ago. Jersey Shore Roller Girls follows the rules and regulations put in place by the Women's Flat Track DerbyAssociation."

Each team has five players who form a pack that circles around the track, with two pivots at the front of the pack to set the pace. To score, each team's jammer attempts to reach the front of the pack, while three blockers on the opposing team try to prevent the move.

Each roller girl has a camp name, such as Ricin Beans, Black Eye Betty and Bulldozer.

Galioto explained just how challenging the sport is last week.

"There are so many skills that go into roller derby," Galioto, Toms River, said. "You need speed, endurance, to hit hard and to avoid being hit hard.

"We practice two times a week," she added. "There is so much natural athleticism that goes into it."

Galioto also explained that there is a charity aspect for each bout.

"We take a charity angle on each bout," she said. "This bout we will be collecting donations for the Monmouth County SPCA."

Galioto explained that the league collected three carloads of items donated to the shelter during the last bout.

Carrie Hamelink, Brick, who played and refereed in recent years for the league, said the league is a good opportunity for women athletes.

"The Jersey Shore Roller Girls are an awesome group of women from all walks of life who come together to play a sport," she said. "There are not many full contact sports for women once you get out of college.

"This is a great way to get out there and do something."

Galioto said that the women skaters range from age 18 to women in their 40s.

Galioto, who is also known as Chesty McBruiser, compared the roller derby league to a softball league.

"We pay dues just like a softball league," she said. "Just we are more awesome than a softball league."

Galioto acknowledged the roller derby league has a challenge in attracting people to support it.

"The biggest obstacle is that people don't know how it's played," she said.

Galioto said the next bout is scheduled for Oct. 3 and will feature the Jersey Shore All- Stars against a team from Montreal.

She also said that the league holds open gym on Thursdays at Jackson Roller Magic in Jackson.

"It's where we get fresh meat," Galioto said.

After the Oct. 3 bout, the league will wrap up its season with the league championship being held Nov. 28.

The roller girls can be reached online at http://www.jerseyshorerollergirls.net/.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Monday, November 23, 2009

Still rowdy after all these years- roller derby's back!

Still rowdy after all these years — roller derby's back!
BY KENNY WALTER Staff Writer
The Jersey Shore Roller Girls league in Asbury Park is entering the home stretch of their season, which has seen attendance grow at bouts featuring the three league teams.

PHOTOS BY CHRIS KELLY staff Top: Murder Beach Militia and Anchor Assassins skaters wait for the start of a jam session during a Jersey Shore Roller Girls bout at Convention Hall in Asbury Park on Aug. 22. Above: Anchor Assassins jammer Christine "Joy Kill Her" Hodan, Freehold, keeps skating as Murder Beach Militia's Clare "Black Eye Betty" Smith, Toms River, tumbles.
The four-team league held a bout between the Murder Beach Militia and Anchor Assassins on Aug. 22 at Convention Hall in Asbury Park. Murder Beach Militia won the bout 105- 102. "It was neck and neck through both periods," player Catherine Galioto said, "with Murder Beach Militia winning by three points."

The league was formed in 2007 and currently has three intra-league teams, as well as an all-star team that competes with other teams from around the country.

The league's website touts the success of the league thus far.

"The newest all-women, flat-track roller derby league that has taken New Jersey by storm … the Jersey Shore Roller Girls is now more than 70 women strong and still growing."

According to the website, the league's popularity is growing exponentially.

"The community response to our league has been overwhelming, and we had the Convention Hall packed to the point where we had to turn people away due to fire codes," it says.

The site also explains some of the differences between roller derby now and the popular version of the sport from the '60s and '70s.

"The roller derby of today is a revamped, flat-track version of the old-school sport that many of us remember from years ago. Jersey Shore Roller Girls follows the rules and regulations put in place by the Women's Flat Track DerbyAssociation."

Each team has five players who form a pack that circles around the track, with two pivots at the front of the pack to set the pace. To score, each team's jammer attempts to reach the front of the pack, while three blockers on the opposing team try to prevent the move.

Each roller girl has a camp name, such as Ricin Beans, Black Eye Betty and Bulldozer.

Galioto explained just how challenging the sport is last week.

"There are so many skills that go into roller derby," Galioto, Toms River, said. "You need speed, endurance, to hit hard and to avoid being hit hard.

"We practice two times a week," she added. "There is so much natural athleticism that goes into it."

Galioto also explained that there is a charity aspect for each bout.

"We take a charity angle on each bout," she said. "This bout we will be collecting donations for the Monmouth County SPCA."

Galioto explained that the league collected three carloads of items donated to the shelter during the last bout.

Carrie Hamelink, Brick, who played and refereed in recent years for the league, said the league is a good opportunity for women athletes.

"The Jersey Shore Roller Girls are an awesome group of women from all walks of life who come together to play a sport," she said. "There are not many full contact sports for women once you get out of college.

"This is a great way to get out there and do something."

Galioto said that the women skaters range from age 18 to women in their 40s.

Galioto, who is also known as Chesty McBruiser, compared the roller derby league to a softball league.

"We pay dues just like a softball league," she said. "Just we are more awesome than a softball league."

Galioto acknowledged the roller derby league has a challenge in attracting people to support it.

"The biggest obstacle is that people don't know how it's played," she said.

Galioto said the next bout is scheduled for Oct. 3 and will feature the Jersey Shore All- Stars against a team from Montreal.

She also said that the league holds open gym on Thursdays at Jackson Roller Magic in Jackson.

"It's where we get fresh meat," Galioto said.

After the Oct. 3 bout, the league will wrap up its season with the league championship being held Nov. 28.

The roller girls can be reached online at http://www.jerseyshorerollergirls.net/.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

T.F. residents will vote on open space funding

T.F. residents will vote on open space funding
CFO: $1.7M currently in open space fund
BY KENNY WALTER Staff Writer
Tinton Falls residents will have the opportunity to decide whether or not to cut the current level of open space funding in the upcoming election.

After two straight meetings of intense debate over the proposed open space referendum, the Borough Council passed a resolution to place the question on the ballot for the Nov. 3 general election.

The council voted 3-2 on Aug. 18 to have residents vote on whether they want to drop the open space tax rate from 3 cents per $100 of assessed valuation to 2.25 cents. Councilmen Andy Mayer and Duane Morrill voted against the measure.

For the third straight meeting, the council considered cutting the dedicated tax.

Under the current 3-cent tax, Tinton Falls will collect $901,774 in dedicated open space funding, according to Director of Finance Stephen Pfeffer. If the tax cut is approved by voters, more than $676,000 would be collected during the 2010 tax year.

Pfeffer also said that currently there is approximately $1.7 million in the open space trust fund.

Under the proposed tax cut, the average resident will receive a $25.79 tax cut a year.

Last year a resident with a house assessed at the borough average of $343,760 paid about $103 in taxes for open space.

Debate during the previous two meetings centered on saving land from development and the value of open space as reasons not to cut the tax. Relieving some of the burden on taxpayers and the fact that the open space fund had grown after the recent revaluation were cited as reasons to cut the tax rate.

Mayer has fought the hardest against the potential referendum in recent meetings.

"A reduction in open space will increase development, increase taxes in the long run," he said before voting against the resolution. "A reduction in open space limits our ability to pay cash and do less bonding, which will cost the taxpayers more money in the future. The current open space tax money is a great investment in this town."

For other members of the council, this topic has been a stressful battle.

"This has literally kept me awake at night," Councilman Scott Larkin said. "It's difficult for me because each time I hear someone talk I want to agree with them."

Larkin was the one who originally proposed the 2.25-cent tax when the council was virtually stalled between dropping it to 1.5 cents and leaving it at 3 cents.

"To me it was a pragmatic compromise that took into account benefits of open space as well as a reduction of taxes," Larkin said. "It's not going to reduce taxes significantly. It still does represent a reduction, while maintaining open space."

Councilman Gary Baldwin advocated for dropping the tax to 1.5 cents, but still voted for the 2.25-cent level.

"My vote would have been for a different amount," he said. "I'm satisfied that some effort has been made by some of the council to reduce the burden on the taxpayers."

While some residents scoffed at the amount as not making a dent in their growing tax bills, Baldwin defended it.

"Two hundred and fifty thousand dollars is a lot of money," he said. "It's a significant amount and does help the taxpayers to some degree."

Baldwin went on to say that this wouldn't mean the borough would be giving up on open space altogether.

"There is a lot of money left to buy open space," Baldwin said. "I have trust in the Planning Board to control development and do development the way it should be."

The council members weren't the only ones split on the issue, with residents representing different points of view weighing in on the topic during the public discussion portion of the evening.

One resident went so far as to say that cutting the tax was a political maneuver.

"Who is going to benefit from this?" asked resident and former Councilman Brendan Tobin.

"This is a trick. This is not going to help the borough of Tinton Falls in the long run."

Tobin cited money used from open space to make improvements on the football field and soccer complex as reasons why the borough needs the funds.

Tobin also said that he fears that the borough won't be able to control development and hasn't done so in the past.

"We haven't been able to control it," he said. "I don't think you should do it, it's a cruel trick to the voters."

Jonathon Cohen, chairman of the environmental commission, said he agreed with basically everything Tobin said.

"Let's leave it where it is; there is no need to change it at this point," Cohen said.

Stacey Slowinski, chairwoman of the Historic Preservation Commission, agreed with Mayer that development would cost more in the long run.

"I truly feel that money spent on open space now saves taxpayers in the long run," she said. "I personally think it's shortsighted to cut that funding."

But some residents believed that any money saved in this tough economic climate would benefit the taxpayers.

"There are people in Tinton Falls who we are going to see going into bankruptcy," resident Jerry Spumburg said. "We really have to take a look at every dollar."

One resident said that approving the referendum doesn't mean it's going to be passed by the residents.

"By letting people vote doesn't mean we are going to lower it," Denise Catalano said.

She went on to say that development is not all bad and that the outlet center has been a big success for the borough.

"I'm up for some development, and I think the key is smart decisions about development," she said. "The statement that nobody in the town wants development is not a true statement."

The first vote on the open space tax was scheduled for Aug. 4, but the resolution failed for lack of a motion.

The Aug. 18 council meeting was the last possible meeting when the tax could have been discussed, because the deadline to file a referendum with the state for the November election is Aug. 27.

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Saturday, November 21, 2009

Still rowdy after all these years- roller derby's back!

Still rowdy after all these years — roller derby's back!
BY KENNY WALTER Staff Writer
The Jersey Shore Roller Girls league in Asbury Park is entering the home stretch of their season, which has seen attendance grow at bouts featuring the three league teams.

PHOTOS BY CHRIS KELLY staff Top: Murder Beach Militia and Anchor Assassins skaters wait for the start of a jam session during a Jersey Shore Roller Girls bout at Convention Hall in Asbury Park on Aug. 22. Above: Anchor Assassins jammer Christine "Joy Kill Her" Hodan, Freehold, keeps skating as Murder Beach Militia's Clare "Black Eye Betty" Smith, Toms River, tumbles.
The four-team league held a bout between the Murder Beach Militia and Anchor Assassins on Aug. 22 at Convention Hall in Asbury Park. Murder Beach Militia won the bout 105- 102. "It was neck and neck through both periods," player Catherine Galioto said, "with Murder Beach Militia winning by three points."

The league was formed in 2007 and currently has three intra-league teams, as well as an all-star team that competes with other teams from around the country.

The league's website touts the success of the league thus far.

"The newest all-women, flat-track roller derby league that has taken New Jersey by storm … the Jersey Shore Roller Girls is now more than 70 women strong and still growing."

According to the website, the league's popularity is growing exponentially.

"The community response to our league has been overwhelming, and we had the Convention Hall packed to the point where we had to turn people away due to fire codes," it says.

The site also explains some of the differences between roller derby now and the popular version of the sport from the '60s and '70s.

"The roller derby of today is a revamped, flat-track version of the old-school sport that many of us remember from years ago. Jersey Shore Roller Girls follows the rules and regulations put in place by the Women's Flat Track DerbyAssociation."

Each team has five players who form a pack that circles around the track, with two pivots at the front of the pack to set the pace. To score, each team's jammer attempts to reach the front of the pack, while three blockers on the opposing team try to prevent the move.

Each roller girl has a camp name, such as Ricin Beans, Black Eye Betty and Bulldozer.

Galioto explained just how challenging the sport is last week.

"There are so many skills that go into roller derby," Galioto, Toms River, said. "You need speed, endurance, to hit hard and to avoid being hit hard.

"We practice two times a week," she added. "There is so much natural athleticism that goes into it."

Galioto also explained that there is a charity aspect for each bout.

"We take a charity angle on each bout," she said. "This bout we will be collecting donations for the Monmouth County SPCA."

Galioto explained that the league collected three carloads of items donated to the shelter during the last bout.

Carrie Hamelink, Brick, who played and refereed in recent years for the league, said the league is a good opportunity for women athletes.

"The Jersey Shore Roller Girls are an awesome group of women from all walks of life who come together to play a sport," she said. "There are not many full contact sports for women once you get out of college.

"This is a great way to get out there and do something."

Galioto said that the women skaters range from age 18 to women in their 40s.

Galioto, who is also known as Chesty McBruiser, compared the roller derby league to a softball league.

"We pay dues just like a softball league," she said. "Just we are more awesome than a softball league."

Galioto acknowledged the roller derby league has a challenge in attracting people to support it.

"The biggest obstacle is that people don't know how it's played," she said.

Galioto said the next bout is scheduled for Oct. 3 and will feature the Jersey Shore All- Stars against a team from Montreal.

She also said that the league holds open gym on Thursdays at Jackson Roller Magic in Jackson.

"It's where we get fresh meat," Galioto said.

After the Oct. 3 bout, the league will wrap up its season with the league championship being held Nov. 28.

The roller girls can be reached online at http://www.jerseyshorerollergirls.net/.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms

Dream camp hits the big screen

Dream camp hits the big screen
Camp Woz subject of independent documentary
BY KENNY WALTER Staff Writer
What started as a dream week for a group of youngsters now has become an award-winning movie.

FILE PHOTO Campers board a bus at the beginning of their dream camp trip to Camp Woz in northern California in 2008.
That was the progression for social worker Joe Patane, who just two years ago embarked on a trip to the West Coast to launch the first dream camp.

Patane teamed up with Apple founder Steve Wozniak and took 10 Jersey Shore teenagers to California for Camp Woz during the summer of 2007.

The youths selected to attend the camp were classified as having emotional and behavioral problems.

The campsite was the home of Wozniak, one of the developers of the personal computer and co-founder of Apple Computer Inc.

Since that time, Patane has hosted four other camps with the help of West Long Branch nonprofit Monmouth Cares.

Patane has also turned the first camp experience into a 78-minute documentary titled "Camp Woz: The Admirable Lunacy of Philanthropy."

Patane also plans to have documentaries made for each of the camps, and said the documentaries will be not for profit.

"The documentaries are nonprofit and non-exploitive of the kids," he said. "I will keep them all that way."

The original Camp Woz documentary has won awards in both California and New Jersey, which is still somewhat of a surprise for Patane.

"It's really surprising," he said of the awards. "It was a fun thing to do.

"When I came up with the Dream Camp idea, I knew I wanted to film it," he added.

Patane also credited Wozniak for drawing a lot of attention to the camps, his foundation and the documentaries when Wozniak was on the "Dancing With the Stars" TV show in 2009.

Drew Foster and Jarrad Kritzstein, who Patane said talked him into doing the project, directed the film.

The movie premiered in January 2008 at the Count Basie Theatre in Red Bank, and Patane said that participants in the first camp have come back to tape some of the other camps.

Patane described some of the campers in an email last week.

"Camp Woz camper Zack Karper is busy putting the finishing touches on the 'Dream Camp Wyoming' short documentary film that he directed with the sound, camera, and editing assistance of Evan and Eric Sanborn, also from Camp Woz," he said.

"Evan got his one-minute film accepted into The Atlantic Highlands One-Minute Film Festival," he added.

Patane, who is a former cast member of MTV's hit reality show "The Real World," used to work with Wozniak as an assistant in one of his computer classes for kids and was inspired by his philanthropy to start the dream camps.

Patane still has fond memories of the inaugural camp.

"I just wanted to take them somewhere wonderful and give them a unique and crazy experience," he said. "It was successful and fun for everyone involved."

One of the main features of the camp was for the participants to make contacts that will help them the rest of their lives.

"I wanted to [acquaint] them with a lot of cool people," he said, "people who they could contact later on for advice and career interests."

Patane also described the participants as needing a little extra push in life.

"These are kids who need an extra bit of love," Patane said. "After the camp, they can think 'Hey, I can do anything.'"

Patane said he believes these young people receive limited attention and resources, and with a little bit extra, they can accomplish great things.

"No one thinks they are capable of anything," he said. "Resources are limited. If we gave them all our resources, it would have one hell of an impact."

Contact Kenny Walter at

kwalter@gmnews.com.


Click here to enlarge



No Flash Detected
Please download the latest version by clicking below:

Get

Advertisement for Brock Farms