Wednesday, February 10, 2010

L.B. to ban eminent domain in Beachfront South

L.B. to ban eminent domain in Beachfront South
Economy, court battles temper city's approach to redevelopment
BY KENNY WALTER Staff Writer

Long Branch officials told residents of the Beachfront South redevelopment zone last week that the city would not use its power of eminent domain in the zone.

The city met with residents of the Beachfront South zone on Nov. 5 to discuss zoning issues relating to the redevelopment and provided a timetable that could see an ordinance eliminating use of the city's eminent domain power within the zone by Jan. 12.

Feeling the effects of the economic downturn, including a developer that opted out of the redevelopment, and a decade-long conflict with property owners in the Beachfront North redevelopment zone, the city is choosing a different path, Mayor Adam Schneider told those attending the meeting.

"What became clear from my perspective is that if I want to use eminent domain, I'm looking at a three- to four-year fight legally," he said. "I don't want that anymore.

"The property owners don't want that anymore," he added. "Times have changed. The economy has also changed."

City officials are trying to clarify what the rules for the zone are, he added.

"We are not changing anything in the plan," Schneider said. "Certain assumptions are changed.

"The assumption was that there would be a designated developer, there would be an assemblage of property and there would be multiple buildings built," he added. "That is no longer the case. We are specifying a couple of things."

"What we want to do is clarify that existing use, in the existing footprint, is permitted and can carry on as long as the structure is still standing in good, sound shape," Business Administrator Howard Woolley Jr. said. "We want to amend the ordinance to add that."

Assistant Planning Director Carl Turner said at the meeting that two ordinances will be drafted in the coming weeks that will clarify the zoning regulations in Beachfront South and make official the city's intent not to use eminent domain.

The ordinances will be presented to the Planning Board on Dec. 15, he said. They would then be on the City Council's agenda for introduction at the Dec. 22 meeting. If introduced, the council would be able to adopt the ordinances on Jan. 12.

"There are two separate processes," Robert Beckelman, the attorney who will draw up the ordinances, said. "There is the zoning clarification and the other element is to not use eminent domain."

While Turner said he wouldn't speak for the Planning Board, he said he is confident the board will approve the ordinances.

"Even though I don't know how the Planning Board is going to vote on this, the Planning Board has been kept abreast of what is going on and they are unanimously in favor of this," he said.

Under the amended zoning ordinance, Beachfront South would remain a redevelopment zone, which means that property owners would be restricted from seeking use variances for any improvements.

"The status would remain the same; it would be a redevelopment zone," Woolley said.

Beachfront South resident Harold Bobrow summarized the implications of these actions for the property owners.

"The redevelopment zone would be kept in Beachfront South, but we would take away the tool of the city of using eminent domain in that designated area," he said. "What you're saying is that if anybody wanted to do any redeveloping in that zone, as long as they went along with the ordinances that are in the redevelopment zone, they can do what they want."

Woolley said that leaving the zone a redevelopment zone protects the property owners from obtrusive construction.

"If it wasn't a redevelopment zone, then the property owner next to you could say, 'I think a tire shop could go great here,' and he can go in before the Board of Adjustments and make an application for a tire shop," he said.

City Planner Pratap Talwar said that variances could be problematic for property owners.

"The problem with variances is that nobody has certainty of what is going to actually happen," he said. "Existing property owners don't have the certainty and future developers don't have the certainty."

Talwar said all nonconforming uses in the zone are grandfathered in.

He said the city's goal is to come up with a set of rules that will best serve the entire zone and not individual properties.

"The reason for going through this painstaking process is to make sure that we don't just rubber-stamp one view without understanding where this entire sector is going in the future," he said. "What we are trying to do is end up with rules that are even-handed and applicable to all lots — where the standards are explicit enough so that they are respectful and clear.

"There are rules possible that are respectful to people who want to stay there, as well as those who wish to maximize the value of their properties through redevelopment."

Beckelman said the ordinance would clarify zoning for the zone.

"We are not changing it, but so you can see in clear language, this is what can be done in the zone, moving forward with existing uses," Beckelman, of Greenbaum, Rowe, Smith and Davis, said.

Schneider said property owners seem to be in agreement with the rules that are in place.

"There seems to be a consensus that they are a pretty good set of rules," he said.

Schneider went on to say that the city would have a role in redevelopment; he just isn't sure what that role will be.

"That doesn't mean the city won't play a role, but it won't play the same role it did 13 years ago," he said. "I think the role for the city to play will be flushed out as time goes on."

At least one resident of the Beachfront South zone spoke out against moving forward in the redevelopment zone and argued that he should be able to apply for a variance.

"You are restricting me more," Robert Krebbs. "You are restricting everybody's property value.

"The way it's set up, if you want to keep it the way it is, keep it the way it is," he added. "The people [who] want to build something, let them build it."

Another resident seemed to approve of the zoning restrictions.

"I am delighted that the state has regulations about height and how close houses can be apart," Diana Multare said.

At the city's previous meeting with Beachfront South property owners in August, Woolley explained the purpose of the meetings.

"We intentionally wanted to deal with development possibilities and scenarios before we got into that," Woolley said.

He also explained that while the city does not have any intention of using eminent domain, a ban has not been set into law as yet.

"We are trying to close one door at a time," he said. "I think we made substantial headway on development."

Some residents at the meeting brought up litigation currently in the courts that challenges the legality of all the city's redevelopment zones. Beckelman said he was unsure how the outcome of the court case would affect this particular zone.

"If there was a decision that affects BFS, then we are going to have to deal with that if it happens," he said.

In September, after a protracted legal battle, the city reached an agreement with a group of property owners in the Beachfront North redevelopment zone.

All but six property owners in the MTOTSA Alliance (Marine and Ocean terraces and Seaview Avenue) reached a settlement in their longstanding battle over the city's condemnation of their homes to clear the way for redevelopment of the beachfront neighborhood.

The settlement allowed property owners the right to develop their land and came up with an agreement that the city would not use eminent domain in that zone. In return, the property owners forfeited their right to sue the city for compensatory damages.

Schneider explained the difference between the two zones.

"The difference was there was litigation there," he said. "Here we haven't gotten that far," said Schneider, who has complained that he was vilified for the city's use of eminent domain in MTOTSA.

"The city said we are not going to pursue this from a taking point of view, let's clarify the plan," he added. "The city is getting a coherent development plan that fits the needs of the property owners."

The Beachfront South zone extends from Bath to Morris avenues, between Ocean Boulevard and Ocean Avenue and is one of the city's six redevelopment zones. Other zones include MTOTSA, Pier Village, Hotel Campus, Broadway-Gateway and Broadway-Corridor.

Contact Kenny Walter at

Monday, February 8, 2010

T.F. school district nurtures a 'caring community'

T.F. school district nurtures a 'caring community'
BY KENNY WALTER Staff Writer

TINTON FALLS — Along with math, reading and history, students in the Tinton Falls School District are learning valuable life lessons about character, kindness and integrity.

A group of teachers spoke at a Board of Education meeting Oct. 19 to discuss the National Network of Partnership Schools program through Johns Hopkins University that the district has participated in since 2006.

The program, which began at Johns Hopkins University in 1996, is designed around family values and instilling values of character, honesty and kindness at all levels of schooling.

"The purpose for our participation is to bring our school community and our residents together," said Krissy Montouro, art teacher at the Mahala F. Atchison Elementary School, "to help our children succeed in school and later in life."

She said the program is necessary because children today are exposed to so much negativity on a daily basis.

"Our kids are exposed daily to the same negative social, economic and environmental issues that we are all facing," Montouro said.

She said the effort to help the students must involve many different people.

"When parents and educators and administrators and students view each other as partners in education, a caring community forms around our students, creating an atmosphere that is conducive to learning," she said.

Next to speak was third-grade teacher Katie Konrad, who described the initiatives that the committee has adopted.

"One of Atchison's initiatives was to go read," Konrad said. "Our second initiative was healthy snacks on a shoestring."

She explained the nutrition initiative.

"This evening provided students and their families with nutritional information to create healthy snacks on a low budget," she said.

Konrad also explained the third initiative.

"Our third initiative was animal movie night," she said. "Here the students and their families had an opportunity to learn about pet health care."

An important part of the program is the Panther Paw Acts of Kindness, which involves students being given a paper paw with their name on it when a teacher sees them performing an act of kindness. The paws are then taped to the wall of the cafeteria.

"Each paw represented an act of kindness that was recognized by our staff," said Atchison guidance counselor Ron Leiner.

Leiner explained that the program has changed a little this year.

"This year I really am excited to tell you that we are expanding the program," he said. "We are looking beyond the concept of kindness.

"We are extending it to add acts of character," he added. "Children are being encouraged to show more honesty in admitting mistakes."

At least two teachers said that the results thus far are positive.

"We've seen decreases in defacement of property throughout the school building," Leiner said, "increases in genuine interest and, lastly, children are better focused on academics in the classroom."

"Our success rate is 100 percent," health and physical education teacher Lynne Landis added. "Our goals here would be to keep the momentum going forward, as this program has become a fabric of the [school] community."

The teachers also formed the Panther Paws Players, a troupe that puts on skits and performances for students.

"The Panther Paws Players is a group of staff members who got together and put on some skits for the student body," Landis explained.

The group also discussed what they called the six pillars of character: trustworthiness, responsibility, citizenship, fairness, respect and caring.

"This is going to be our primary focus on how to build character within our community," Leiner said. "We want the children to see that it is not just kindness, it's more than that.

"So we are going to look for a lot of paws being put up this year," he added. "I think the children will be excited and continue on."

The faculty members also discussed some of the goals of the school year.

"Our academic goal is the 100 book challenge," kindergarten teacher Kristine Migliazza said. "We are going to be … allowing parents to come into the classroom to see how we use the 100 book challenge."

"Another goal is a family dinner night," Konrad said. "This is a partnership goal where families will be encouraged to share a meal and play a board game."

"Our final goal will be our own version of the game show 'Are You Smarter Than a 5th Grader?' " Montouro said. "We are going to challenge the grownups to compete against them."

When the presentation concluded, Board of Education President Peter Karavites lauded the work being done.

"Through the Johns Hopkins Partnership program, our team has helped to create a more meaningful connection to improve the school's social and academic environment," he said. "We have worked hard to establish a solid foundation that we can now build upon."

Contact Kenny Walter at

kwalter@gmnews.com.

Long Branch to seek COAH certification

Long Branch to seek COAH certification
BY KENNY WALTER Staff Writer

Long Branch officials announced last week the city's master plan will be revised to provide for affordable housing, and for the first time the city will seek certification from the state Council on Affordable Housing.

Robert Beckelman, of Greenbaum, Rowe, Smith and Davis, Woodbridge, discussed the coming master plan revision at the Oct. 27 City Council's workshop meeting.

Beckelman said that the master plan would be broken down into parts, with the first being the housing and fair share portion of the plan.

That element was introduced by the Planning Board last month and is scheduled for adoption Dec. 15.

Beckelman explained at the meeting what the document entailed.

"In addition to the updated portion of the master plan, the most significant part is the fair share [housing] plan," he said.

Beckelman said that the city initially did not agree with the requirement for affordable housing that COAH set but has since analyzed the plan.

Under COAH guidelines each municipality is required to provide its "fair share" of affordable housing.

"We did not accept COAH's estimated numbers," he said. "We did an analysis and we actually feel that the city's fair share would be higher than what COAH estimated.

"It initially sounds like it could be a problem," he added. "Having run through the numbers and the estimates on what's supposed to take place, it actually looks pretty doable."

Since its inception in 1985, COAH has had two previous rounds that the city has not participated in.

According to the master plan, the city's obligation is to create 254 units of affordable housing from 2004 to 2018. This includes 119 units of affordable housing from the projected 593 market-rate units that will be created, according to the master plan.

It also includes an additional 135 affordable units based on projections that 2,164 jobs will be created, or one affordable unit per 16 jobs as per COAH regulations.

Beckelman said that some of the city's housing might retroactively apply to COAH.

"The housing authority has done quite a bit of affordable housing already that we can capture credit for toward that fair share obligation," he said. "The fair share plan is what we prepared as suggestions as to how to actually address that obligation."

Beckelman also said that the current proposals would most likely change.

"This is all proposals and suggestions that are going to be vetted by the Planning Board," he said.

Beckelman described strategies that would help the city meet its housing obligations.

"Some of the proposals are fees to be collected in redevelopment zones that can be put toward affordable projects," he said.

He continued, "An exclusionary zoning ordinance over some of the residential zones that would permit for density, height and bulk variances.

He also said there are incentives that would allow Long Branch to facilitate more affordable projects.

"[There is] something called a marketto affordable program that the city can operate, which would essentially be subsidies to those fees," he explained.

Also, "accessory apartments … would be a city-subsidized program that would allow people to change an accessory building into an apartment for affordable units," he continued.

Beckelman went on to explain the plan that he believes will satisfy all of the city's COAH obligations.

"I think these will probably be sufficient for the city to meet its obligations," he said. "It's going to be vetted out, but I proposed the R-4 and R-5 zones.

"That is also based on the actual availability of the land," he added. "There is not a whole lot of land to be developed."

In an interview last week, Long Branch Business Administrator Howard H. Woolley Jr. explained why the city is moving forward with this plan.

"With the recent changes in the laws on affordable housing, municipalities have to develop and adopt a plan for them to achieve the fair share of affordable housing in a municipality as mandated by COAH," he said. "They set up quotas for every municipality in the state. COAH is the driving force behind it."

Woolley said that while Long Branch has never participated in COAH, affordable housing has not been an issue in the city.

"Long Branch for years has had more

affordable housing than what was required," he said. "We stepped up to the plate big-time for years."

Beckelman agreed last week in an interview that Long Branch has had a good history with affordable housing.

"Historically Long Branch has not participated with COAH because it was never perceived to be a city lacking affordable housing," he said.

"It was actually a community that has made great efforts to create affordable housing and improve upon it," he added.

Woolley said the city administration has decided that it still needs to move forward with COAH despite the positive history.

However, he said the mayor and council realize that affordable housing is still a need in the city and are seeking to create affordable housing.

Woolley said that the affordable housing would go where it would make the most sense for the city and developers.

"What we did was say we have a lot of zones in the city where we have smaller requirements and permit multifamily development. So … when you build a development make one of them affordable," he added.

Woolley said that this is just the next step in continuing the redevelopment of the city.

"We've been trying to keep things moving," he said. "This is just another step in trying to develop the city in a way that benefits everybody.

"Once this plan is adopted by the Planning Board, then we will review all the city's zoning ordinances to see what needs to be changed," he added.

Woolley explained that the master plan has been updated annually, but this is the first time it has been overhauled in over 20 years.

"It has been updated statutorily every year, but I think the last revision was in the late '80s," he said. "This thing has taken about a year to do and a hundred and some odd thousand dollars in professional fees and a lot of time from Carl Turner [assistant planning director] and Michelle Bernich [zoning officer] and myself. It is a necessary thing to do."

Woolley said that there will most likely be two or three public hearings on the plan and that the final decision will be with the Planning Board.

He also said that the Planning Board is working with the council so that the master plan can be cohesive with the goals of the city.

Woolley said the master plan is the guide the council will use to adopt zoning ordinances.

Beckelman explained that when a community is not on board with COAH certification it is subject to lawsuits.

"If you are not participating with COAH, you are subject to getting sued in what is called a builder's remedy lawsuit," he said. "Where a builder would come in and say, 'I want to build affordable housing and your zoning doesn't permit that.'

"It is not a fun process to go through," he added. "Generally the result is a development that might not get approved by the city gets forced on them."

While a builder's remedy lawsuit is something the city wants to avoid, Beckelman said that it is not really a concern.

Once the city is under COAH's jurisdiction, it is no longer subject to a builder's remedy lawsuit.

Beckelman also said that in order to get endorsement for the master plan, the city needs COAH certification.

"The determination was to go with the COAH process because the city wants to do affordable housing," he said. "As part of its plan endorsement, the COAH certification was required.

"The motivation initially was to get plan endorsement," he added. "The city did not think it was vulnerable to builder's remedy."

Beckelman doesn't foresee problems with getting COAH certification, although he said it might take some time.

"COAH's busy and understaffed like most state agencies," Beckelman said. "They may have some … things they want us to do differently. We have the obligation, it's just how we are going to do it."

Beckelman said that since 2004, there have been several hundred affordable housing units built in the city.

Beckelman also said that the city will not try to meet its COAH obligations by building a large high-rise housing project.

"COAH doesn't want to see us build a giant tower, and the city doesn't want to do that either," he said.

While the fair-share portion is the driving force behind this document of the master plan, Beckelman said that the other portion is an overview of the city's housing situation.

"The housing element is essentially a snapshot of the housing situation," he said. "It addresses everything related to housing."

The housing element includes demographics like age, income level and population trends, housing conditions and house values.

COAH was established in 1985 by an act of the state Legislature in response to a series of state Supreme Court rulings com- monly known as the Mount Laurel Doctrine.

According to the Department of CommunityAffairs, COAH has the power to define housing regions, estimate low- and moderate-income housing needs, set criteria and guidelines for municipalities to determine and address their own fair-share numbers, and approve and review housing elements and fair-share plans for municipalities.

Since its inception, COAH has had three iterations of its fair-housing plan. Round one of the plan focused on creating reasonable opportunities for affordable housing through municipal zoning ordinances. The second round focused on the rehabilitation of existing housing stock. COAH's thirdround focuses on the establishment of a uniform growth share element for New Jersey municipalities.

Affordable housing, as defined by the state, is housing that can be bought or rented with 30 percent or less of an individual's income.

Contact Kenny Walter at

kwalter@gmnews.com.

City funds new beach equipment

City funds new beach equipment
BY KENNY WALTER Staff Writer

LONG BRANCH — The city will tap into funds earmarked for other projects to purchase and refurbish revenue-producing beach maintenance equipment.

The City Council decided at the Oct. 27 meeting, by a 4-0 vote, to re-appropriate $135,000 for beach equipment. Councilman Anthony Giordano was absent from the meeting.

Chief Financial Officer Ronald Mehlhorn Sr. explained where the money is going in an interview last week.

"We are buying two beach rakes and refurbishing one," he said. "We are buying two at $55,000 a piece and refurbishing one of the ones we have as a backup."

Mehlhorn said that the money was supposed to be used for a few projects that are no longer necessary.

"It was a piece of equipment for public works; part of it was for an acquisition of property to build a new school and a piece of it was for some kind of emergency radio station for $27,000," he said. "They just scrapped the whole plan."

At the council meeting residents criticized the fact that the rakes are being used for the beaches at local condominiums and in neighboring Monmouth Beach, but Mehlhorn said the profits outweigh the cost for the work.

"I got close to $20,000 from Monmouth Beach and the condos that we do," Mehlhorn said. "We netted about $13,000 out of that, after you account for the salaries [and] gas usage.

"This was a small part of the job. It was actually 228 hours of time for the entire season," he added.

Mehlhorn said that the city has come up with a good plan for working the out-oftown beaches where they do not have to use a lot of overtime.

"It is costing us something like $22 an hour to do the outside beaches," he said. "It seems to be a money maker.

"We netted about $13,000, which isn't

bad when you compare the amount they use the equipment to the amount of time we use the equipment," he added.

Mehlhorn said looking strictly at the work done on beaches outside of Long Branch, it would take 10

years to pay off two pieces of equipment.

"So if you look at over 10 years, we are taking in over $130,000," he said. "That would more than pay for a tractor and a beach rake."

Mehlhorn said that the next purchase for the city might be to replace a 10-year-old tractor.

"The tractors are the same thing; we are probably going to go for that soon," he said. "Each one is about $55,000.

"So over the 10 years this money will more than pay for a tractor and a beach rake," he added. "So we are more than getting our money's worth."

Mehlhorn also said that the city is not bonding new money; rather, using money it already has.

"I can't tell you how long it's going to take to pay off the $135,000," he said. "It doesn't exist by itself.

"I'm not bonding at all; it was bonding years ago and I'm reappropriating it," he added. "It's no longer needed for its original purpose."

Contact Kenny Walter at

kwalter@gmnews.com.

District responds to discrimination suit

District responds to discrimination suit
Three female employees claim age, gender, race basis for unequal treatment
BY KENNY WALTER Staff Writer

The Monmouth Regional School District has denied allegations of discrimination based on race, gender and age made in lawsuits brought by three female employees.

Peter Spaeth, attorney for the district, filed a response to the suits, which name the district's former superintendent and its current business administrator, high school vice principal and athletic director as defendants. The suits were filed in U.S. District Court in Trenton.

Mahwah-based lawyer Lydia Cotz filed three separate lawsuits on behalf of Monmouth Regional employees Diana Davis, Patricia Domanich and Tamara White. Cotz said last week the three legal actions have since been consolidated.

The suit brought on behalf of Davis was filed in February and a response was filed in April. The other two suits were filed in August and responses were filed on Oct. 29 and 30.

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

The suit brought on behalf of Domanich names Cleary, Monmouth Regional High School (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 MRHS athletic director as defendants.

In the response to the legal actions, Spaeth, of Wolff, Helies, Duggan, Spaeth & Lucas, Manasquan, countered that the suits are frivolous and requests a jury trial. Spaeth has not been available for comment on the lawsuits.

"This action is frivolous, unreasonable and without foundation in fact and brought in bad faith," the answer to the Domanich suit states, "and any wrongdoing alleged falls within the realm of the jobs of the defendants."

"The defendants, if involved at all, acted within the scope of their authority and in good faith in the performance of their duties," the response states. "Defendants deny the existence of or breach of any duty and further deny the existence of or breach of any contractual obligation, express or implied."

The response also states that the charges levied exceed the statute of limitations and that the court the charges were filed in was improper.

"The suit is barred by the statute of limitations," the answer states. "This court lacks jurisdiction over the subject matter of this litigation."

In addition, it states, the "defendants were carrying out their duties as officials and employees of the Monmouth Regional School District, and are entitled to qualified immunity under the statutes."

Spaeth claims that the situation that allegedly arose came as a result of Domanich's conduct.

"Any injury occurring to the plaintiff was the direct and proximate result of the plaintiff's own conduct," the answer states. 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.

The response to the White lawsuit claims the suit was filed after the statute of limitations had expired and the court lacks jurisdiction. The response also claims the defendants did not intentionally harm the plaintiff.

"These defendants are guilty of no intentional misconduct which proximately caused any injury to plaintiff," the response states. "Defendants were carrying out their duties as officials and employees of the Monmouth Regional School District."

The complaint filed on behalf of White, who was hired in 1995 as a social studies teacher and varsity cheerleading coach, describes alleged sexual harassment that she claims 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 retaliation for the complaints. She reinterviewed for the position in 2006 but was ultimately turned down and someone with less experience was given the position, 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.

The response to the complaint filed on behalf of Davis states that the identity of the male individual cited who received different treatment than she did is not revealed.

"We are unable to respond to this question as the plaintiff fails to identify the individual who she contends received this treatment," the answer reads.

The suit claims that a younger, Caucasian male was given compensation for taking over an additional department, but the suit fails to identify who the person is.

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.

In the response, the defendants admit that Davis received a one-time stipend but deny that Davis was told that someone younger could replace her.

Like the other responses, the Davis response labels the suit frivolous and beyond the statute of limitations.

According to the suit filed on behalf of Davis, she 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.

The response denies these allegations.

"Defendants deny the allegations since the plaintiff was relieved of her responsibility to teach two classes," the response states.

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

Davis is seeking punitive and compensatory damages.

Cotz said in an email last week that after the judge was served with the three suits, he consolidated the three.

"By consolidating the cases we can depose Mr. Cleary in a more efficient manner by just deposing him once," she said. "Same goes for the three plaintiffs."

Contact Kenny Walter at

kwalter@gmnews.com.

Student's drive will warm those in need

Student's drive will warm those in need
Shoes and jackets will be donated to anyone in need
BY KENNY WALTER Staff Writer

For a Long Branch High School (LBHS) student, a chance encounter with a homeless man is making a difference for many of the area's less fortunate.

PHOTOS BY KENNY WALTER Long Branch High School senior Lucy McGrath's chance encounter with a homeless person inspired her to begin collecting coats and shoes to be donated to those in need. Coats and shoes stored in a closet are evidence of the outpouring of donations from the school community. PHOTOS BY KENNY WALTER Long Branch High School senior Lucy McGrath's chance encounter with a homeless person inspired her to begin collecting coats and shoes to be donated to those in need. Coats and shoes stored in a closet are evidence of the outpouring of donations from the school community. LBHS senior Lucy McGrath has spent the better part of the last month walking around the school with a garbage bag filled with donated shoes and jackets collected for a drive she is running.

"Students throw them [shoes and coats] at me every day," she said. "Sometimes I go to class with a huge garbage bag."

McGrath said the idea started last year when she had a random encounter on a cold winter day. After she was elected to the position of community service coordinator of the high school honors society, she decided to move forward with the drive.

"When I saw this homeless man walking around with this jacket that was falling off him, I told everybody our first huge project should be collecting shoes and jackets," she said. "They are definitely really essential.

"We have an annual can drive every year in which we give poor families canned food," she added. "However, they are so cold during the winter."

McGrath, who is planning to attend Boston University next year, said the drive ran officially from Oct. 1 to Oct. 30, but the planning started the previous school year.

"Officially it started on Oct. 1, but the planning started way last year, either March or April," she said.

With the drive ending, McGrath said the coats and shoes would be distributed in November.

"On Nov. 13 from 5 to 7 p.m. we are going to be distributing all these things to anyone who needs them," she said. "Anything extra will go to the homeless shelter in Long Branch.

"Anybody that needs anything can come," she added.

The coats and shoes are currently stored in a storage closet at the school's library, and distribution will take place at the school's cafeteria.

McGrath said that there are no conditions imposed for the recipients of the coats and shoes.

"We are just going to depend on people's honesty," she said.

McGrath set up a contest where the homeroom that brought in the most items would receive a prize, but she said the prize didn't matter for most.

"Whichever homeroom would bring in the most shoes and jackets, would win a cake party," she said. "What was really cool was the incentive didn't even matter, people just brought them in."

McGrath said that the last official count was two weeks ago when students had collected more than 600 items.

"Well over 600 items since we last counted about a week ago [Oct. 30]," she said. "I think we get about 50 things a day."

McGrath said when she did her last inventory on the items collected, the only demographic that they don't have much for is little girls.

"We are missing little girls' shoes and jackets," she said.

McGrath has campaigned for more donations throughout the month, which led at least one student to give the clothes right off his back.

"This is really all I talk about now, and in one of my classes I was like 'shoe and jacket drive, guys, come on,'" McGrath said. "This kid took his jacket off his back and I thought he was just being obnoxious.

"I said, 'No, you can keep the jacket you are wearing,'" she added. "He said, 'No, seriously, I was homeless once and you'd be surprised just how much school-wide shoes and jacket drives really help people.' Then he proceeded to donate like seven more things."

Contact Kenny Walter at

kwalter@gmnews.com.

Wednesday, February 3, 2010

Three run for two seats in Oceanport

Three run for two seats in Oceanport
Incumbent seeks re-election; two newcomers seek open seat
BY KENNY WALTER Staff Writer

Three candidates are vying for two seats on the Oceanport Borough Council in the Nov. 3 general elections.

Jerry Bertekap Jerry Bertekap The seats are currently held by Councilman William Johnson, a Republican who is running for re-election, and Councilman John W. Ibex, who chose not to run for re-election.

The candidates, in addition to Johnson, are Republican Jerry Bertekap and Democrat Lester T. Cox.

Republicans are now in the majority on the council, which is made up of one other Democrat, Gerald Briscione, and four other Republicans. Mayor Michael Mahon is also a Democrat; however, he is eligible to cast a vote only in order to break a deadlock.

Johnson has been on council for the past two years and has worked for the New York Stock Exchange for the last 26 years.

He is currently involved in the community as an Oceanport soccer coach, a member of Port-au-Peck Volunteer Fire Company and a member of Elks Lodge 742.

Johnson is also chairman of the Planning & Development Committee, a member of the Oceanport Planning Board, vice chairman for finance and administration, and a member of the Health and Human Services Committee.

Lester Tom Cox Lester Tom Cox Johnson said he is running for re-election to continue the work he has done on council over the past two years.

"It has been a pleasure working with the mayor and council for the last two years," he said. "Even though we do not agree on everything, we always reach a consensus and move on with the business at hand.

"For this reason I would like to continue working together with the team and continue the progress that we've started," he added.

One of the issues Johnson would focus on during a new term is shared services.

"The biggest improvement I would like to see is in the area of shared services," he said in an email. "Although we have made great strides, as in the last two years sharing some services with neighboring towns, there is always room for improvement."

Another issue Johnson is focusing on is the upcoming closing of Fort Monmouth.

"The closing of Fort Monmouth is by far the biggest issue facing the borough in the coming years," he said. "In the short term we have to be vigilant, pressuring our state legislators to make sure we have local control of the Fort Monmouth Implementation Authority.

William Johnson William Johnson "Already we have reduced the number of proposed homes on the Fort Monmouth site from 1,800 to 750," he added. "This reduction is extremely significant so as to impact the borough as little as possible."

In addition to Fort Monmouth's development impact on the borough, Johnson is concerned with the environmental impact.

"Making sure the site is environmentally clean and safe" is a priority, he said.

Other issues Johnson is concerned with are Monmouth Park and keeping taxes low. "The economic viability of Monmouth Park racetrack is number two on the priority list," he said. "We need to do anything we can as a local governing body to keep our largest taxpayer and employer fiscally sound.

"Of course, trying to maintain stable property taxes is a constant battle," he added.

Johnson's running mate is fellow Republican Bertekap, who ran for office previously.

Bertekap, who is currently working for Meridian Health and Raritan Bay Medical Center, said he is running to preserve the things he loves about the borough.

"I care a lot about Oceanport," he said in an e-mail. "I have been participating in the local government, and I want to see our town remain the same and go along the same path."

Bertekap is currently involved in the borough as president of the Oceanport Hook and Ladder Fire Company, sergeant of the first aid squad, a member of the Planning Board and a member of the Office of Emergency Management.

He also sits on the Emergency Services Advisory Committee for Fort Monmouth and served as fire chief in 2007.

Bertekap says his relationships throughout the borough make him qualified to hold office.

"I know a lot of the people and what they want in our town, what we love about our town," he said. "I think I have a good grip on the way our town runs.

"I want to see our town continue along the same path," he added.

For Bertekap, the biggest issue facing Oceanport in the coming years is Fort Monmouth.

"The biggest thing is definitely Fort Monmouth," he said. "That's what originally brought me into politics, to make sure Oceanport stayed the same and the development of Fort Monmouth went in a way that would protect our town."

Bertekap said the next step in dealing with the fort is devising a plan for the future use of the site.

"The next big challenge coming up is going to be developing of that plan," he said. "I had a lot of impact going into that plan."

Bertekap said it is important that Oceanport have input in shaping a reuse plan for the fort.

"It is going to be very important that Oceanport keeps our voice out front," he said, "I think making sure we are at every one of those meetings and our voices are always heard."

Bertekap cited other issues the borough is facing.

"I would like to continue to keep our waterways clean," he said, "keeping parks and open spaces where they are.

"I'd like to see the grants keep coming and improvements keep coming," he added. "I'd also like to see the taxes stay stable."

A retired telecommunications engineer, Cox said his primary reason for running is to give back to his community.

"I want to give something back to the community where I have lived for 22 years," he said.

Cox's local memberships include Oceanport's Water Watch Committee, Environmental Commission and Sustainable Oceanport.

Cox credits his long history in finance and engineering as reasons why he is qualified to hold public office.

"My qualifications include my engineering and finance degrees and experience, and my long-time interest in and concern for environmental issues," he said.

Like the other candidates, Cox is concerned with the future of Fort Monmouth.

"I'm concerned about what environmental problems the federal government may be covering up, both figuratively and literally," he said. "We need to keep after them and work with the [federal] Environmental Protection Agency and New Jersey Department of Environmental Protection to make sure environmental problems are not dumped on [the borough] and surrounding towns to remedy."

Cox cited other concerns in his e-mail.

"Our major issues are, of course, high property taxes, the closure of Fort Monmouth, the long-term viability of Monmouth Park racetrack, and a continued and increased emphasis on improving the environment and quality of life," he said.

While Johnson is exploring shared services, Cox is against some of the possible shared services.

"One major issue is maintaining our quality of life by retaining our borough police dispatchers and Police Department," he said. "There are rumors that the mayor and council want these merged with another town, but this would not reduce property taxes significantly but would reduce service levels for our citizens."

Polling places will be open in the borough from 6 a.m. to 8 p.m. Nov. 3.

Contact Kenny Walter at

kwalter@gmnews.com.