Sal DeSimone Named President Of Building Officials Asso. Of New Jersey

On Wednesday November 19^th, 2008, Salvatore J. DeSimone, Construction Official of the Borough of Avalon, was sworn in as President of the Building Officials Association of New Jersey (BOANJ) during the annual luncheon in Atlantic City, held during the League of Municipalities Convention. Mr. DeSimone was sworn in by Mr. Ronald Pheaster of the International Code Council, the code writing organization for the construction code used in New Jersey. Sal was unanimously elected to the position of President during the annual BOANJ general meeting, attended by over 150 building officials from NJ, held earlier that morning. The swearing in ceremony was attended by more than 250 of Sal’s colleagues and associates from throughout the state and the nation.

The leadership throughout the state shown by Sal and the Borough of Avalon in flood plane management, and cooperation with FEMA on flood plane management programs were instrumental in Sal’s elevation to the post. Also, Sal has spent much of his career cultivating cordial working relationships with members of the International Code Council. In 2007, Sal and his colleagues were successful in getting a New Jersey representative on the International Code Council, for the purpose of addressing New Jersey building construction concerns and interests.

Reflecting on the importance of his election to President, Mr. DeSimone stated, “There hasn’t a president from southern New Jersey since 1988. With all of the sometimes confusing regulations and standards addressed in modern codes, high level representation in this influential organization is vital to the shore communities in general, and the Borough of Avalon in particular.”

Avalon Lions Present Second Check To Holy Redeemer

The Avalon Lions Club presented a second, $1000 check to the Holy Redeemer Food Bank on Friday, November 21st, 2008. The first check from the Avalon Lions Club to the food bank was presented last week, bringing the total contribution this holiday season to $2,000. Pictured are Avalon Lions Club member Sue Keen (left) accepting the check from Avalon Lions Club Treasurer Sam Beddia. The funds will be used to provide food for those individuals in need in Cape May County.

State Court Rules In Favor Of Avalon Regarding Suit Vs. Njdep

Appellate court rules in favor of Avalon on all issues regarding lawsuit involving Public Access Rules

Read the 25-page court decision

(Avalon, NJ)—The appellate division of the New Jersey Superior Court today released an opinion on Avalon’s lawsuit against the New Jersey Department of Environmental Protection’s Public Access Rules as they relate to public beaches and bay fronts. In a 25-page ruling published today, the court agreed with Avalon, and dismissed regulations that were imposed by the NJDEP in its latest version of the Public Access Rules regarding public access and the number of public bathrooms and parking spaces that a community needs to provide. Avalon has been challenging these rules since they were introduced in December, 2006.

“We are extremely pleased that the appellate division sided with Avalon in this legal challenge”, said Avalon Mayor Martin Pagliughi. “We knew from Day One that the rules were illegal. The rules made no sense when they were introduced, and the Appellate Division agrees”.

Avalon challenged the NJDEP on stipulations that were included in the latest version of the department’s Public Access Rules. The rules that were invalidated by the Appellate Court required that local beach communities in New Jersey comply with the new rules as a precursor to getting state funding for beach replenishment projects. The rules mandated 24 hour a day, seven day a week access to beaches, bays, and marinas; it also mandated beach communities to have “sufficient” public parking, while providing no specific numbers or formula. The rules also required towns to install public bathrooms at certain locations along the beaches.

Quoting directly from the ruling issued today, the court said:

“Accordingly, the DEP Rules that require a municipality to allow public access to tidal waterways and their shores ‘at all time’ unless it obtains the DEP’s permission to close the area and that require a municipality that seeks an appropriation from the Shore Protection Fund to enter into a State Aid Agreement that obligates the municipality to provide such additional parking spaces and restroom facilities in proximity to the oceanfront as the DEP may mandate are declared invalid”

“That’s been Avalon’s stance all along”, Pagliughi said. “Avalon has proven time and time again that public access is part of our community character, as evidenced by the number of existing public access points to the beach, public bathrooms and parking spaces for our residents and visitors. The DEP simply tried to create a boilerplate set of rules that would apply to each and every coastal community. Their latest set of rules had no applicable use in Avalon, and that’s why we objected to the latest version of the State Aid Agreement”.

Avalon provides 62 public access points along its four miles of beachfront, which averages to approximately 15 public access points per mile. Avalon provides more access points per mile, on average, than the rest of the state of New Jersey. Avalon also provides a 900 vehicle parking lot next to the beach in addition to its 5700 street spaces, and the entire community has no parking meters or paid parking lots. Additionally, Avalon provides public restrooms at 15 different locations in the community.

“One of the biggest concerns to Avalon and leaders in other shore resorts was a mandate to ask the DEP for permission to close beaches in the interests of public safety”, Pagliughi said. “That makes no sense to anyone. There are situations that require beach closures in the interest of public safety, like a coastal storm. Also, Avalon experienced a very difficult situation during the last week of August where we had to make daily decisions on beach closures due to medical waste that came ashore”.

Quoting directly from the ruling issued today, the court said:

“A municipality that owns and operates property adjoining the ocean or other tidal waterway is in a better position than the DEP to determine whether the nature of its property and the public safety risks present within its community require the closing of that area at certain times….We also reject the DEP’s argument that the Coastal Areas Facility Review Act”…provides authority for the DEP to require a municipally-owned beach to be open to the public at all times unless the municipality secures the DEP’s permission to close the area”

Avalon received support from other government entities with its lawsuit against the NJDEP. The County of Cape May and the Borough of Stone Harbor filed an amicus brief in support of Avalon’s argument; Surf City Mayor Len Connors also was able to provide ample background information that supported Avalon’s claim that the NJDEP policy was flawed. Other business groups throughout the state, including the real estate industry, also favored Avalon’s efforts. The New Jersey League of Municipalities, which is holding its convention this week in Atlantic City, published a column written by Avalon Mayor Martin Pagliughi in its monthly magazine that showed the importance of challenging the NJDEP on their policy.

“It’s unfortunate that taxpayers’ dollars had to be spent to prove in court that a major state agency (NJDEP) had a flawed public policy”, Pagliughi said. “But we were happy to be proactive on this issue, and be a leader for all coastal communities in the state of New Jersey in fighting for what we believe is fair, right and legal. We’re hopeful that the DEP, especially with new leadership, will be more diligent with its State Aid Agreements and public policy regarding beach access and other environmental policies affecting taxpayers in the years to come”.

PENNSYLVANIA DENTIST INDICTED BY STATE GRAND JURY FOR DUMPING NEEDLES & OTHER MEDICAL WASTE THAT WASHED UP ON AVALON BEACH

TRENTON – Attorney General Anne Milgram announced that Pennsylvania dentist Thomas W. McFarland Jr. was indicted today by a state grand jury on charges that he dumped the needles and other medical-type waste that washed up in Avalon during the last week of August, causing the borough to close its beaches five times.

The Division of Criminal Justice obtained an indictment today charging McFarland, 59, of Wynnewood, Pa., with unlawful discharge of a pollutant and unlawful disposal of regulated medical waste, both third-degree crimes. The indictment is the result of an intensive investigation by the Division’s Environmental Crimes Bureau, the Avalon Police Department and the Cape May County Prosecutor’s Office which commenced with the discovery of the waste and quickly led to charges against McFarland.

“By dumping medical waste into the waters near Avalon, this defendant forced the borough to close its beaches five times, preventing summer visitors from enjoying one of our state’s most precious resources, our Jersey Shore,” said Attorney General Milgram. “This indictment is a step forward in the prosecution of this crime. It reinforces our message that, working with the Department of Environmental Protection, we will keep New Jersey’s beaches clean and safe through vigorous enforcement of our laws.”

McFarland, who owns a house in the Avalon Manor section of Middle Township, allegedly took his small motor boat into Townsend Inlet at the north end of Avalon on Aug. 22 and dumped a bag of waste from his dental practice in Wynnewood, Pa.

Beginning on Saturday, Aug. 23, dental waste was found washed up along a stretch of beach at the north end of Avalon between 9^th Street and 24^th Street. The waste included approximately 260 “Accuject” dental-type needles, 180 cotton swabs, a number of blue and white plastic capsules used to hold dental filling material, and other items. Officials in Avalon alerted the state Department of Environmental Protection, which notified the Environmental Crimes Bureau.

As investigators from the cooperating agencies, led by the Environmental Crimes Bureau, worked to identify the source of the dental waste, the Attorney General offered a $10,000 reward on Aug. 27 for information leading to the arrest and conviction of the person responsible.

Certain information obtained in the first days of the investigation pointed to McFarland’s practice as a potential source of the waste. Avalon officials recovered a wrapped dental drill bit bearing a lot number. Detectives from the Environmental Crimes Bureau contacted the manufacturer and learned that McFarland’s practice was one of a small number of practices in the Middle Atlantic States that purchased such drill bits from the lot in question.

Detectives also determined that McFarland received promotional merchandise from the Accuject manufacturer at a time when they were distributing needles bearing the same lot numbers as those that washed up in Avalon.

On Sept. 2, McFarland went to the Avalon Police Department and admitted dumping the dental waste. After searching his beach house, Boston Whaler boat and SUV in New Jersey, investigators obtained a search warrant for his dental office in Pennsylvania and executed it on Sept. 4. They discovered evidence corroborating McFarland’s statement that the waste came from his practice, including drill bits and Accuject needles bearing the same lot numbers as those found in Avalon.

McFarland was charged at that time by warrant complaint and released without bail.

Supervising Deputy Attorney General Ed Bonanno presented the case to the state grand jury for the Environmental Crimes Bureau.

Each of the charges contained in the indictment carries a maximum sentence of five years in state prison. In addition, a fine of up to $75,000 can be imposed for the charge of unlawful discharge of a pollutant, and a fine of up to $50,000 can be imposed for the medical waste charge.

The indictment is merely an accusation and the defendant is presumed innocent until proven guilty.

The indictment was handed up to Superior Court Judge Linda R. Feinberg in Mercer County, who assigned the case to Cape May County, where McFarland will be order to appear at a later date to answer the charges. A copy of the indictment is posted with this release at www.njpublicsafety.com.

Attorney General Milgram credited the following investigators: From the Division of Criminal Justice Environmental Crimes Bureau, the individuals who led the investigation were Supervising Deputy Attorney General Ed Bonanno, Lt. Jeffrey Gross and Detectives Steven Ogulin, Stephen Politowski and Dawn Ryan. From the Avalon Police Department, Chief David Dean, Detective Ben Geary and the entire department. From the Cape May County Prosecutor's Office, Chief James Rybicki, Lt. Lynn Frame and Detective Matthew Leusner. In Pennsylvania, from the Lower Merion Township Police Department, Detective Charles Craig and Patrolman Stieber. And from the Montgomery County, Pa., District Attorney's Office, Detective Mike Gilbert.

Women’s Civic Club Of Avalon Makes Major Donation To Avalon Seniors

(Avalon, NJ)—The Women’s Civic Club of Avalon made a major donation on Tuesday, November 18^th to the Avalon Senior Center.

Club President Kathleen Makowski was on hand to present a brand new, flat screen television set and Nintendo Wii system to the Avalon Senior Center. The club was able to help purchase the television and game system with a donation of $1,300. Avalon Mayor Martin Pagliughi was on hand for the formal dedication of the new gaming operation for the Avalon Senior Center.

“This is something I’m sure the Avalon senior citizens will truly enjoy for years to come”, Pagliughi said. “I would like to thank the Women’s Civic Club of Avalon for their generosity. This will provide endless hours of entertainment for our seniors in Avalon”.

Seniors were on hand to take a look at how the gaming system works, and tried their hand at Nintendo Wii bowling. The gaming system also came with popular games like golf, tennis, and even boxing.

Sue Keen of the Avalon Senior Center encourages all Avalon seniors to take advantage of the generous donation and enjoy this new recreational activity at the Avalon Senior Center. For more information on Avalon Senior Center activities, including Wii bowling, seniors can call Sue Keen at 967-5924.

Chef Mark Kalla Lends His Expertise To Avalon Seniors November 17^th

(Avalon, NJ)—Local chef Mark Kalla visited the Avalon Senior Center on Monday, November 17^th to lend his culinary expertise to Avalon residents at the Avalon Senior Center.

Kalla took time to come to the “Creative Cooking for Seniors” class for Avalon seniors, sponsored by the Avalon Free Public Library. He is well known in the local restaurant business as he developed the menus and business model for the Avalon Anchorage Marina. Kalla also worked at Caesars in Atlantic City, TGI Fridays, the Back Yard and Fish Tails in Stone Harbor.

The seniors were taught how to prepare dishes that include smoked chicken and butternut squash soup, roasted pork loin with pepper relish, saffron mashed potatoes, and crème brulee.

Kalla was presented with a gift from Mayor Martin Pagliugihi, Avalon council members, and Business Administrator Andrew Bednarek. Avalon Council President Dave Ellenberg presented the gift to Kalla.

Kalla is currently the Food Service Director of the Avalon Elementary School and has his own business, “Kalla Creations”.

Major Road Improvements Coming To Avalon’s Ocean Drive In 2009

(Avalon, NJ)—The Borough of Avalon will see some significant improvements to portions of Ocean Drive during the early part of 2009. These improvements will result in the resolution of some flooding issues, and will result in a smoother ride for motorists.

“I’m pleased to see these two projects on Ocean Drive moving forward in 2009”, Avalon Mayor Martin Pagliughi said. “We’re also pleased that this major work will be done before the start of the tourism season next year, assuring locals and visitors clear passage on Ocean Drive next summer”.

The first project will result in major storm water improvements along a section of Ocean Drive. According to Avalon Engineer Thomas Thornton, this project will significantly improve drainage along Ocean Drive at 20^th, 21^st, 22^nd, and 27^th Streets; it will also help reduce flooding on Dune Drive in Avalon as well. The project will result in connecting these intersections on Ocean Drive to nearby pump stations. Seven large storm water pump stations have been placed along Ocean Drive to handle high water during high tide and heavy rain events. There were several blocks not part of the initial project which was conducted in 2001. Now, these four intersections will see relief as a result of this project. Thornton is preparing plans and specs for the work, which will be advertised by the county on November 19^th.

This storm water improvement project along Ocean Drive is expected to be completed during the first quarter of 2009.

The second project along Ocean Drive includes a repaving of the street surface from 14^th to 29^th Streets. This work will be more than just an overlay; the street will be reconstructed by pulverizing the existing asphalt to five inches. Five inches of new asphalt will be put down. This street work is being paid for entirely by the county of Cape May.

Updates on the work along Ocean Drive will be updated weekly on Avalon’s official website, www.avalonboro.org.