The July 7, 2015 meeting of the Berkeley Township Waterways Advisory Commission took place at 6:30
p.m. in the Municipal Building located at 627 Pinewald Keswick Road, Bayville, N.J. The meeting opened
with the salute to the flag.
Rosalee Di Pietro, Secretary for the Township Waterways Advisory Committee took the roll call.
B: ROLL CALL:
Present were: Chairman William McGrath, Jerome Bollettieri, Larry Borio, Lee Gashlin, Fred Bekiarian,
Bob Nunn, and Tom Bellinato. Kate Taylor, Engineer was also present.
Absent: Samuel J. Cammarato and Vito Esposito.
C: APPROVAL OF MINUTES FROM JUNE 9, 2015
Chairman McGrath and Mr. Gashlin had corrections to the June 9, 2015 minutes announcing same. Mrs.
Di Pietro will make said corrections and forward them for the Berkeley Township website.
Motion by Mr. Nunn, seconded by Mr. Gashlin and carried to approve the minutes of the June 9, 2015
meeting with the announced corrections made by Chairman Mc Grath and Mr. Gashlin. The June 9,
2015 minutes are now approved as amended.
D. DISCUSSION AND APPROVAL OF RESOLUTIONS:
1. Resolution 2015-11-BTWAC: Concerning IBSP access fees for children under 12 years old.
Chairman McGrath read the following Resolution:
RESOLUTION NO. 2015-011-BTWAC
RESOLUTION OF THE BERKELEY TOWNSHIP WATERWAY ADVISORY COMMISSION
TO ADVISE THE MAYOR AND COUNCIL OF BERKELEY TOWNSHIP TO OPPOSE THE
$ 3.00 FEE FOR CHILDREN BETWEEN THE AGES OF 3 AND 12 BY ISLAND BEACH
STATE PARK TO USE THE PUBLIC ACCESS WALKWAY BETWEEN THE TICE’S
SHOAL MOORING AREA AND THE ATLANTIC OCEAN, KNOWN AS FISHERMEN’S
WALKWAY.
July 7, 2015
WHEREAS The Tice’s Shoal mooring area in Barnegat Bay, adjacent to Island Beach
State Park is a popular and unique mooring location for the boating community in that it
provides unfettered access to the Atlantic Ocean by way of a wooden walkway from
Barnegat Bay to the Atlantic Ocean known as Fishermen’s Walkway; and:
WHEREAS This wooden walkway has been traditionally a popular means of public
access to the Atlantic Ocean by local residents, tourists, families and their children for
decades; and:
WHEREAS The State of New Jersey is initiated a $ 3.00 entry fee to use the public
access walkway at Tice’s Shoal for everyone 3 years old and up; and:
WHEREAS The State of New Jersey’s annotated code 7:7E-8.11 (y) 3 specifically
states that “Fees shall not be charged for children under the age of 12 years”; and:
WHEREAS Island Beach State Park is one of only a few of the 43 State Parks that
earn a profit even without the additional $ 3 entry fee; and:
WHEREAS The State of New Jersey’s annotated code 7:7E-8.11 (y) 1 states that
“Fees shall be no greater than which is required to operate and maintain the facility, taking
into consideration basic support amenities provided, such as lifeguards, restroom/shower
facilities and trash pickup”; and:
WHEREAS The additional fees imposed by Island Beach State Park, especially on
children under 12 years old violate the spirit and contents of New Jersey’s annotated code
7:7E-8.11 et seq, in that they earn a profit.
NOW, THEREFORE, BE IT RESOLVED, by the Berkeley Township Waterway
Advisory Commission; that:
We hereby advise and recommend to the Mayor and Council of the Township of Berkeley,
to also voice their opposition to the added $ 3.00 per person fee to children under the age
of 12 years old use the public access walkway from Tice’s Shoal mooring area to the to the
Atlantic Ocean.
BE IT FURTHER RESOLVED that certified copies of this resolution shall be forwarded
to the Mayor and Council of Berkeley Township.
__________________________________
William E. McGrath, Chairman
ATTEST:
___________________________________
Lee Gashlin, Vice Chairman
Mr. Bollettieri mentioned that the stairway going up to the walkway needs to be fixed.
Chairman McGrath is aware of this and stated this is a separate issue. A discussion
ensued regarding paying a $30.00 boat fee. Another discussion took place regarding
opposing the $3.00 fee for children between the ages of 3 and 12 by Island Beach State
Park to use the public access walkway between the Tice’s Shoal mooring area and the
Atlantic Ocean, known as Fishermen’s Walkway. Mr. Borio handed out a drawing
highlighting a 100 foot concrete floating dock in Mill Creek showing a motorized A.D.A. lift.
Mr. Bollettieri feels if you are going to charge a fee, make it ADA compliant. Mr. Bekiarian
feels making this resolution ADA compliant will carry more weight. Mr. Borio doesn’t see
how they can make it ADA compliant and asks Kate Taylor about a handicap organization.
Ms. Taylor mentions PROWAG. By a show of hands, most members wanted Chairman
McGrath to re-introduce the wording on Resolution No. 2015-011 BTWAC. After much
discussion, Chairman McGrath will do research and obtain members approval via e-mail
and re-introduce the resolution at our next meeting (August 4th). Chairman plans to have
this done before the next Township Council meeting.
E. OLD BUSINESS:
1. Completion of Alexandra’s Playground at Butler Boulevard Beach. (Commissioner Bollettieri)
Mr. Bollettieri reported they did an outstanding job on Alexandra’s Playground. He cannot
believe how many people use that beach on a daily basis. He recommends that we have a
special citation and also a plaque to Mayor Amato for all the work he did on Butler Boulevard
and also on Amherst Beach. In addition to that, he would like to have a plaque with Mayor
Amato’s name on it at both of these locations. He mentioned that Jim Byrnes, Councilman also
did a tremendous amount of work and would like to also see him get a special citation and a
plaque and see both of their names at both of those locations. A discussion ensued regarding
the plaques and citations. Mr. Bollettieri would also like to see an appreciation be sent to
Alexandra’s Playground directly stating they did a good job and we appreciate it. Mr. Gashlin
stated that the Amherst project is not done yet and should wait before we include Amherst
Beach in the plaque. Mr. Borio, Mr. Bellinato and Mr. Bekiarian feel the Mayor and Councilman
Byrnes should be recognized for the great deal of work they both done. Mr. Borio stated we do
not have a budget and doesn’t know where the money would come from. Motion by Mr.
Bollettieri, seconded by Mr. Borio to place a plaque on Butler Boulevard beach and Amherst
Beach acknowledging our Mayor Carmen Amato and place a special plaque with Jim Byrnes,
Councilman’s name on it. Roll Call Vote: Chairman McGrath: Yes; Mr. Bekiarian: No at this
point; Mr. Nunn: No; Mr. Borio: Yes; Mr. Gashlin: No, at this time; Mr. Bollettieri: Yes; Mr.
Bellinato: Yes. Absent: Mr. Cammarato and Mr. Esposito. Motion passes with four (4) yes
votes and three (3) no votes. Motion carries. Chairman announced Jerry Bollettieri will be the
Chairman and is in charge of the wording of the plaques. Larry Borio is also on this committee.
Chairman stated everyone who voted yes will pay for the plaque and the members who voted
no will not pay. (Note: Upon further research it was determined that the Berkeley Township
Waterways Advisory Commission does not have the authority under its enabling ordinance to
place plaques in public areas. Only the mayor and council have that authority)
2.
Dudley Park swimming area: Chairman McGrath stated Mr. Bekiarian made a visit there and
had a long discussion with the lifeguard there. Mr. Bekiarian stated he took a ride there to
check the water level and it looked pretty normal. It was sufficient for people to be swimming in
and there were children in the water. He also checked the dam which was flowing nicely. The
lifeguard told him that at times it seemed a little lower and there was a sand bar out in the
middle that she hadn’t seen before. The water is bathable. The dam hasn’t affected people’s
reaction to that waterway. Mr. Bekiarian will check back with the lifeguard in August to see
what she has to say regarding the water level diminishing. Mr. Bollettieri stated that the water
use to flow north going towards the dam. The water now is flowing to the south. The water at
times is 2, 3, 4, 6 inches and he has seen times when it has been very shallow. This has been
a natural resource for us and our children. He has seen it very shallow and thinks it is time that
we tell the Mayor and Dr. Hall that we should do something with the dam. A discussion ensued.
Chairman was there a few weeks ago and the water was only ankle deep. Mr. Bellinato stated
he spoke to a gentleman who frequents the park and he did notice a difference in the depth of
the water level. Mr. Bollettieri inquired about a report from Dr. Hall on the fish by Double
Trouble State Park.
3.
Introduction of Ordinance #15-16-OA creating a Floodplain Management Planning Committee.
This new item is combined with old item #4 below: Chairman McGrath stated this is before the
Township Council right now. We had a meeting. Mr. Bekiarian is the chairman of the
Floodplain Management Planning Committee and has done a substantial amount of work on it.
He has done a spread sheet on this for our last meeting outlining where Berkeley stands in
regards to the other municipalities in the State. The Township Council created a new ordinance
regarding this. Chairman McGrath read the ordinance aloud. Mr. McGrath was worried about a
duplication of efforts. Ms. Taylor stated we have a grant received by T & M Township Planners.
Her office is handling the Floodplain Management Plan, and stated we never had a Floodplain
Management Plan. Chairman stated we act as an advisory to the Floodplain Management
Committee under the proposed ordinances. A discussion ensued. Ms. Taylor stated we need to
update the Floodplain Management Plan yearly. She will email the recent version to the members
and would like to have a completed plan sometime in August. She feels there may be some
changes. The meetings will be in August and she will advise us of the dates.
4.
Recommendations for Draft of “Floodplain Management Plan” prepared by Township Engineer
(RVV Project No. 1506-T-034) & FEMA Community Rating. Chairman McGrath stated this item
was previously discussed. Chairman and Mr. Gashlin had some previous recommendations.
Existing ground water contamination at proposed apartment complex at Ocean Gate Drive
and Mill Creek Road pending before the planning board:
Chairman McGrath stated this application has been tabled again. He thinks this is the third or
fourth time that this has been tabled to the August meeting. He didn’t have a chance to address
our concerns at the Planning Board meeting in regards to the benzene contamination where they
want to build the retention basin. Ms. Taylor did forward the DEP data to the Planning Board.
Continued complaints on Maple Creek Shoaling:
Chairman McGrath announced he had complaints especially from Chief DeMichele on the shoaling
of Maple Creek. We have to do something about this. We have the 80 signature petition
hanging over our heads that was given to us over a year and a half ago and our efforts have
not been successful to date with neither the N.J. D.E.P. nor N.J.D.O.T. The Mayor is
thinking about putting money in the budget for capital improvements.
Priority listing for proposed dredging projects:
Commissioner Borio is the chairman of this committee. Chairman McGrath, Mr. Borio and Mr.
Bellinato volunteered using their boats for this project. Mr. Bollettieri announced that he will also be
available.
F. NEW BUSINESS:
1.
207 Sloop Creek Road: Mr. Nunn stated that one of the owners of this property contacted
him some time ago about wanting to liquidate this land (50x125) lot. Being a realtor, Mr. Nunn
has no listing agreement or contract with this individual. He only tried to advise. It is an odd
piece of land and it is tax assessed at $84,000. Originally we had spoke about this as a
possible place for parking trailers and cars. He doesn’t know if the town is interested or if
anyone has any thoughts or opinions on it. The property is adjacent to C & C Marina. Ms.
Taylor announced the town demolished the house with reimbursements from FEMA . It is part
of that program and she has been in contact with him throughout the whole process because
she worked on the demolition program for Berkeley. Chairman asked if they did anything to fix
the well. Ms. Taylor answered no, not yet. Chairman asked if the water was still running. Ms.
Taylor answered yes. Ms. Taylor stated the contractor was supposed to cap it and she sent
out emails and she did not receive any answers regarding her emails. She is working on it.
She mentioned finance is not a problem with this project. Mr. Gashlin asked if there was any
grant money or any programs for funding and if the DEP had any programs to help C & C
Marina on this matter. Mr. Nunn asked for any ideas. Chairman stated if C & C Marina wasn’t
interested in purchasing the property, maybe it could be leased by C & C. It may be leased for
winter storage for boats. A discussion ensued regarding C & C Marina capping the well. Ms.
Taylor stated she will be working on this. Mr. Borio recommended using Ted’s Well Service.
2. Complaint from resident of no navigation lights at the end of the dock at 350 Roberts Avenue Chairman McGrath announced he received a complaint from Red Callahan on no navigation
lights at the end of the dock on 350 Roberts Avenue, South Seaside Park (200 foot dock).
Chairman reviewed their DEP permit issued around 2008, and they did not require navigation
lights on that dock. Mr. Bollettieri stated that the navigation lights are not working on Butler
Boulevard. Ms. Taylor stated she included navigation lights in the plan for the park. Ms.
Taylor stated there is nothing we can do. Chairman agreed.
3. Boat Ramp at the end of Mill Creek Road – Mr. Gashlin spoke about the road going to the
water line. He stated after a rain storm, the gravel washes down. He called the township
because it needs immediate attention. There is a one (1) foot rut, eight (8) inches deep right
near the turnaround spot at the end of the ramp. The town is going to put it on their to do list
to get this repaired. Ms. Taylor will email the town regarding this matter tomorrow. Mr.
Gashlin stated he knows Mr. Dittenhofer is familiar with this project. We have to solve the
problem of the rutting on the side. The water comes up to the pavement. There is an eight (8)
inch drop and cars back into the drop and can’t get out. This needs to be resolved. A
discussion ensued regarding the parking of trailers. Mr. Bollettieri stated that over the years
the boats keep getting bigger and bigger. Chairman asked if it would be worthwhile for our
commission to lobby the County to upgrade that area for boaters. Mr. Gashlin stated the
County would have more money to spend on that project than the Township. The initial
response from the County was no. Mr. Bollettieri suggested that we should have some
limitation as to the size of the boat that will be launched from that ramp. A discussion ensued.
Mr. Borio imagines this would be a County operation. A discussion ensued regarding the
parking. Mr. Bellinato stated it seems to him that this is more of a neighborhood ramp.
Mr. Bekiarian presented the following items to the commissioner’s regarding Amherst Beach
and Butler Boulevard: Build up of seaweed in the water at the shoreline and dried on the
beach; Geese droppings on the beach (Amherst/Butler), area 300x75 feet 22,500 square feet,
6 lbs. of goose droppings; 3 Alligator heads $47.00 in water close to the shoreline; 3 Canine
decoys on the beach sand that move in the wind 3/$160.00; BSHCA’s Chuck Crunkleton and
volunteer residents worked to clean up Amherst beach. Our commission will work with Parks
and Recreation, Jim Sperber and Tim Yurcison to solve the geese problem; Pencil buoys 6
and 9 in the Amherst entrance channel are gone. The “No Wake” buoy there was moved too
close to channel. A discussion ensued regarding eel grass. Mr. Bekiarian will speak to Jim
Sperber about getting some type of mower that will pick up eel grass. He will check into these
items further and report back to the commission. Chairman would like to see a lifeguard on
Amherst Beach like they have at Dudley Park. This would trigger the Ocean County Board of
Health to do the water testing. A discussion ensued regarding getting the lifeguards on these
beaches. Chairman McGrath asked if we should ask the Mayor to get a lifeguard on Amherst
Beach. Motion by Mr. Bellinato seconded by Mr. Nunn to adopt a Resolution to hire a
lifeguard at Amherst Beach. Mr. Bekiarian stated if there is a need for a lifeguard at Butler
Boulevard Beach, we will address it at a later time.
A discussion ensued regarding the no wake signs. Messrs. Borio, Bellinato and Bollettieri will
try to resolve the issue of the missing buoys.
G . MEETING OPEN TO THE PUBLIC.
Howard Hoffman, 387 Bayview Avenue, Bayville came forward from the audience to speak about
yesterday was his 90th day of his waterfront development permits process. They were approved.
Two (2) permits for two (2) lots cost $2,000 each. They were not done as one (1) application. He
has the separate riparian grants already.
Mr. Hoffman also mentioned that someone is dumping grass clippings in the main lagoon of
Berkeley Shores. Chairman stated there are not too many homes in Berkeley Shores that have
lawns. Mr. Hoffman agreed. Mr. Gashlin suggested calling Code Enforcement. The Police should
be notified as this is illegal. Mr. Gashlin stated that we need to educate everyone on brush, grass
clippings and leaves, since they are still in the learning mode. He asked Mr. Bekiarian to put a
notice regarding this matter in his homeowner’s association newsletter. Mr. Nunn suggested adding
to this newsletter, if anyone sees this dumping being done, they should report it. Chairman will draft
a Resolution for the Mayor and Township Council to notify people along the waterways that it is
illegal to dump grass clippings into the waterways. Mr. Bollettieri feels this should also be posted on
the Berkeley Township TV Channel 22.
Mr. Hoffman spoke about swans being offensive and aggressive against boats and jet skies. They
have a nest right in the inlet area on the south side. People on the left side are feeding them. He
wonders what can be done about this.
Chairman McGrath mentioned that the Mayor is working on getting drainage improvements in the
vicinity of Moorage Avenue. Mr. Hoffman stated there is a problem with the storm water that runs
down along Moorage Avenue.
There being no further business to discuss, motion by Mr. Nunn, seconded by Mr. Bollettieri to
adjourn the meeting.
Respectfully Submitted,
Rosalee Di Pietro, Recording Secretary
NEXT BTWAC MEETING IS SCHEDULED FOR AUGUST 4, 2015 AT 6:30 p.m.