Buena Vista Township

New Clips 2004

Reflections on Veterans' Sacrifice ~ Memorial Day ceremony salutes our nation's heroes

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No traffic-ticket pleas, prosecutor tells towns ~ Deals let motorists plead to local law, escape points

The Atlantic County Prosecutor's Office on Thursday ordered four Atlantic County municipal courts to stop using local traffic laws to dispose of motor-vehicle violations instead of using more punitive state laws.

The practice allows drivers to avoid points and insurance surcharges and generates extra revenue for municipalities. But First Assistant Atlantic County Prosecutor Murray Talasnik ruled it is illegal and must be stopped as of Tuesday.

Despite a 1998 state attorney general's opinion banning the practice, the four municipalities - Egg Harbor, Hamilton and Buena Vista townships and Hammonton - have been offering the plea bargains since the beginning of the year. City Council in Atlantic City voted last week to adopt its own ordinance.

Motorists charged with motor-vehicle infractions were able to plead guilty to a local ordinance that is general enough to cover all moving violations. They paid a higher fine than they would have if they pleaded guilty to the state violation, but no points or surcharges were assessed because ordinance violations are not reported to the state. The towns adopted the ordinances because they allowed them to keep all of the traffic fines.

"You are directed to cease the practice of plea bargaining motor-vehicle violations by dismissing such violations in exchange for guilty pleas to the municipal ordinance," Talasnik told the municipal prosecutors.

Substituting zero-point municipal ordinances for point-assigned violations would compromise the ability of the state to protect the public from unsafe drivers, he said.

At issue is whether the use of the ordinances amounted to a refusal to recognize that state law takes precedence over local laws. Both former Attorney General Peter Verniero and Talasnik, whose office oversees local prosecutors, ruled that it did.

Meanwhile, state Superior Court Assignment Judge Valerie Armstrong on Wednesday also expressed her concern over the practice, calling on municipal court judges to provide her with the required proof that the Department of Transportation approved the use of the local ordinances to settle speeding tickets.

It is difficult to say just how much revenue the local ordinances have generated for the municipalities. Officials said they could not provide an estimate. Some of the money they kept would have gone to the state and county government.

A Press of Atlantic City review of court logs in Hamilton Township from April 20 to May 20 found that the ordinance brought in nearly $30,000 in fines from 150 motorists. Buena Vista Township collected nearly $8,000 over a recent 30-day period, all of which would have gone to Trenton because the township relies on the state for police protection.

"We had no idea until very recently how extensively some of these courts were using the local ordinance," said Howard Berchtold, who oversees municipal courts in Atlantic County. "It sparked a very detailed review that has caused us some concern and resulted in us asking the prosecutor to take a look at what was going on."

A state law that permits plea-bargaining of motor vehicle violations in municipal courts was passed four years ago. Drivers can plead guilty twice over a five-year period to operating a car in an unsafe manner before incurring any points or surcharges. Last year, 233,000 people pleaded guilty to the state law. There is no limit to how many times a motorist could plead guilty to a municipal ordinance before incurring points or surcharges.

The state law imposes a fine of $150 for the first offense, while the local ordinances impose a fine of as much as $1,000.

H. Robert Switzer, the judge in Egg Harbor Township, said only motorists with relatively clean records are allowed to plead to the ordinance.

But a Press of Atlantic City review of court records shows that is not the case:

·  Switzer approved a plea bargain in March that allowed Kathleen Smith, of Ocean City, to plead guilty to the Egg Harbor Township ordinance. She paid a $900 fine for driving 30 mph over the speed limit on the Atlantic City Expressway. She was able to avoid a five-point penalty and insurance surcharges; Egg Harbor Township got to pocket the entire $900 fine.

Since 1979, she has been cited for nine moving violations, incurred 24 points, was involved in a fatal accident, lost her license three times and incurred nearly $1,000 worth of insurance surcharges, according to the Motor Vehicle Commission. Smith had a valid driver's license at the time of the most recent offense.

·  But Smith is not the only motorist with a spotty record to take advantage of the ordinance.

After he was ticketed for driving nearly 40 mph over the speed limit on the Atlantic City Expressway, Kevin Muntz, of Pennsville, expected to lose his driver's license in Hamilton Township Municipal Court on May 18. Muntz, who had been issued three speeding tickets in the previous 12 months, was prepared to ask for a trial; he had nothing to lose. And then he was offered the opportunity to plead to the ordinance.

The result was no points, no insurance surcharge and Muntz would get to keep his license. And Hamilton Township would get to keep his fine. It wasn't cheap, though. Muntz paid a $400 fine, more than double what he would have paid had he pleaded guilty to a state law.

"I never knew they had an ordinance. I was glad they did. I had no problem paying the higher fine," Muntz said.

The Press of Atlantic City began investigating the practice after City Council in Atlantic City adopted its ordinance last week.

Not every defendant is offered the chance to plead guilty to the ordinance.

"I don't sit there and read people a litany of what's available to them," Egg Harbor Township Prosecutor Michelle Verno said. "If they ask me about it, I will explain it to them."

Buena Vista Township Mayor Chuck Chiarello said the use of the ordinance no doubt makes some money for the towns, but he believes it allows the courts to show some compassion for motorists.

Critics argue the towns are showing too much compassion and too little concern for highway safety.

"It subverts the state's interest of making sure that good drivers do not subsidize bad drivers," said Magdalena Padilla, president of the Insurance Council of New Jersey. "This allows bad drivers to continue being bad drivers, without receiving the appropriate number of points."

Assemblyman Christopher Bateman, R-Somerset, Morris, the sponsor of the state law that gives motorists a break on traffic violations, said it is wrong to use the ordinances to give bad drivers a break. That's an abuse, he added.

"Prosecutors and judges need to look at the person's driving record and make the right call," he said.

Meanwhile, Dennis Township in Cape May County is one municipality that has long had an ordinance for speeding violations. Yet its judge, George Neidig, won't allow it to be used.

"It's just plain wrong," he said. "We need to remember that this is all about justice, not money. As long as I'm here, you won't see it used."

Talasnik's ruling will not affect any pleas that have already been negotiated.

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Democratic committee to lose Chiarello ~ Buena Vista mayor won't seek re-election as chairman

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Chiarello retiring as Democratic Party chairman

Buena Vista Township Mayor Chuck Chiarello said Tuesday he won't seek another term as Atlantic County's Democratic Party chairman.

Chiarello's third two-year term as party chairman ends when county Democrats reorganize during the week of June 14.

"I am not leaving because I am retiring from the political field," Chiarello said. "In fact, I intend to remain very active in the many hats I wear."

Along with being mayor, Chiarello sits on the executive boards of the New Jersey State League of Municipalities, New Jersey Conference of Mayors, Community FoodBank of Southern New Jersey and the Pinelands Municipal Council. He also has been a volunteer firefighter.

"There is only so much one person can do," he said.

Chiarello also admitted the frustrations of running his underdog party against the more financially established Atlantic County Republicans.

"It has never been easy being a Democrat in Atlantic County, but I tried to bring some professionalism to the organization," Chiarello said.

"I also know that I have been able to make changes in how our opponents think and forced their hand on doing the right thing for the people of Atlantic County on many issues."

Not all of Chiarello's efforts were well received: He has engaged in an interparty squabble with Atlantic City Council President Craig Callaway. Callaway is unhappy with Chiarello's leadership and blames Chiarello and Chiarello supporters for some recent election setbacks.

Chiarello said Tuesday he is "disappointed that the whole situation continues to exist and doesn't have a resolution."

Still, Chiarello noted that under his watch as chairman the number of elected Democrats in the county totaled more than 50 and there were as many as nine Democratic mayors.

"I have also taken stands on issues in the Democratic Party and in our country," he said. "I am appalled by voter fraud issues even if it is from within my own party. I have also attempted to make Democrats stand for their own issues and beliefs."

At least two people - Hamilton Township Committeeman John Sacchinelli and Galloway Township attorney James Carroll - already announced plans to seek Chiarello's position.

Democrats also said Atlantic City attorney Joseph Gindhart wants the post, although Gindhart won't comment.

Chiarello gave some advice Tuesday to whoever winds up holding his job.

"The chairman must be a fund-raiser, counselor, coach, cheerleader and willing to be loved or hated by various folks at the same time," he said. "Not to mention the Republicans."

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Atkins doctor to dispel myths in Buena Vista

BUENA VISTA TOWNSHIP - As more people convert to low-carb diets, its effects are reverberating throughout the food industry.

Krispy Kreme blames them for its waning business. Its success spawned at least one grocery store. And a coalition of citrus growers plans to invest $1.8 million fighting the negative image it has given orange juice.

Dr. John Salerno, who practices in New York City and who studied under Robert Atkins, the creator of one of the more popular low-carb diets, says the Atkins diet isn't a fad and it's here to stay.

On May 26, Salerno will be at Buena Regional High School to expel any myths and explain a diet that he said is popular in part because it doesn't make people feel like they're starving.

There's a "real science behind the diet," said Salerno, who has been on the diet himself for about three years.

He shrugs off skepticism about its safety, saying he's seen good cholesterol go up and bad fats go down in his patients. They also feel better, he said.

Salerno's visit to Buena Vista Township was prompted by one of his patients, Fran Rovani, who works at the Cumberland County Sheriff's Office.

"So many people are trying to eat low carb, and so many people think they're doing it properly and they're really not," said Rovani, who credits the diet as helping with her weight-loss and diabetes.

Rovani has lost 38 pounds in the year-and-a-half that she has been Salerno's patient. She said that she doesn't need to lose any more weight, but she has no plans to give it up.

"It's a way of life, it's a lifestyle," she said. "It's knowing what your body can tolerate. I can't tolerate very many carbs at all because I would turn into a diabetic."

Salerno will discuss the diet, and inform people about details they may not know, such as how food companies often underestimate the number of carbs in their products. He said people should always multiply the number by three.

The seminar will be May 26 from 7 to 9 p.m. at the Buena Regional High School on Weymouth Road. It's for the benefit of the Buena Regional Education Foundation.

Registration is $20 and pre-registration is required as soon as possible.

Call 691-8471 or 697-2818 for more information.

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Merighi to be honored with Medel Award

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Devoted to the cause ~ Museum founder gives all he has to make it a success

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