4 Herald - Lantern - Dispatch 4 September '85

News Digest <FYOTPage" the manufacturer and distributor of counterfeit Cabbage Patch T-shirt decals sold in at least 51 Boardwalk Shops, according to attorney Zachary Wobensmith. He represents Original Appalachian Artworks, which owns the Cabbage Patch copyrights. The Georeia/based company obtained a restraining order in July, prohibiting sales of the iron-ons, and has filed suit in U.S. District Court. Philadelphia, against „ Royal Prints. A Costly Sinking SCHELLENGER'S LANDING - Sinking the schooner American early this summer to serve as a fishing reef has the potential of a costly gaffe. The old craft, which served as a floating cocktail lounge for the Lobster House, broke up when it sank and two resorts are t?ying to recover the cost of removing debris. Avalon is trying to collect from Lobster House owner Wally Laudeman, while Sea Isle City is going after the Dept. of Environmental Protection. O'Neal Indicted DEL HAVEN - Jack C. O'Neal, 66. was indicted last week for reportedly sexually assaulting 11 boys and girls eight to 12. County Assistant Prosecutor Susan Schalles said the alleged attacks occured between Jan. 1. 1980 and June 17. 1985. the day he was arrested. O'Neal, who worked with the Boy Scouts and supervised altar boys at St. Raymond's Roman Catholic Church. Villas, was arrested after a three-month police investigation. He is free on bail, Schalles said. Appeal Continued COURT HOUSE - Realtor Thomas J. Repici's appeal of a May 30 conviction for "theft of services" has been continued to tomorrow. Sept. 5. because his attorney has been ill. Since former Superior Court Assignment Judge Philip A. Gruccio is maintaining jurisdiction the case, will be heard in Atlantic City where the judge has moved to the Appellate Division. Repici was convicted of

connecting his Hy-Land Motor Inn to a sewage line without permission. His appeal claims the county prosecutor knew Repici had the okay of former Middle Township Sewage Commissioner Michael Vistenzo. He has denied it. and Repici did not offer that defense during his trial. He's been sentenced to a $1,000 fine, one year's probation, and at least 180 hours of community service. State Real Estate Commission consideration of revoking his license awaits final outcome of his appeal. Manslaughter Plea WOODBINE - Jose Vieram. 22. pleaded guilty to manslaughter last week in Superior Court in the death of Alice Riendeau, 65. of Bridgeton. Viera, of this borough, was one of four men arrested for the July 23 burglary of Reindeau's home where the murder occured. Through a plea bargain. Viera avoided a trial for "death by one's own conduct." a capital offense. He also agreed to testify against alleged accomplices Gene Phillips. 49. of Carmel, and Randolph Mason, 22, of Belleplain. A fourth defendant, Michael Polisano, 24, of Woodbine, pleaded guilty to aggravated manslaughter in January. He also agreed to testify against the other three. Sniffing Out Problem CREST HAVEN - Superior Court Judge L. Anthony Gibson last week ordered the county Municipal Utilities Authority (MUA) to begin testing if the smell coming from its new sewage sludge composting plant here constitutes a health hazard. Middle Township solicitor Bruce Gorman sought a restraining order to close the plant, but MUA attorney Thomas Higgens argued that the source of the smell couldn't be determined unless the plant were running. Gibson set a Sept. 11 hearing for the MUA to present test findings, and he pledged to seek the elimination of the stench. Area residents have complained about the $9.1 million plant since it opened in July. Plan Praised , Buried NORTH WILDWOOD - More than 300 people attended hearings last week on the reconstruction of North Wildwood Boulevard (Route 147). The most ardent

critics were those who would lose their homes under the plan which would claim about 100 homes and 12 businesses. Assemblyman Guy Muziani, who supports the loan program for displaced residents so they can buy comparable housing. Mosquitoes Outraged TOWN BANK - Dredging was scheduled to begin yesterday in Cox Hall Creek, according to Lower Township Manager James R. Stump. He said ~ Friday that contractor Dick Shaw has i been hired at an hourly rate to clear the congested creek and its tributaries and reduce stagnation. Originally planned as a $4,999 job in May. the dredging was held up by a lack of state permits and Realtor Herman Tolz's claims to be land needed. Tolz has since dropped his opposition, Stump has said, but the permits were still pending last week. Boys Get Airlift TOWN BANK — Police and firefighters combed local marshes for three boys last week but Coast Guardsmen ended the

4^-hour search when they lifted the youths aboard a helicopter around 11 p.m. Aug. 27. Helicopter crewmen spotted a flashing light from the tall marsh grass that probably couldn't have been seen from the ground. After refueling, the aircraft returned to rescue Michael Ryan, 10 James, 13, and Joseph Dvorak, 10, all of North Cape May. They were reported scared and wet but unhurt. Hires New Engineers p VILLAS - Metcalf & Eddy, an international engineering firm, will replace Van Note-Harvey Associates of Court House as Lower Township MUA engineers, Township Manager James R. Stump, MUA executive director, reported last week. The MUA selected the new firm during a special closed session Thursday. "The rate is comparable to the rate we were paying Van Note-Harvey," Stump said of Metcalf & Eddy fees. "The rates range from $40 to $83 an hour, depending on the expertise needed. " Stump and Van Note-Harvey reached an "amicable" settlement of the firm's disputed termination last month. Stump reported then. (From Page 61)

Developer Sues Lower Over Lot Ownership

DIAMOND BEACH — Resort developer Robert Ciampitti's South Crest Realty is suing Lower Township over the ownership of four lots here. "They're saying that they own the ground." approximately 12.000 square feet south of Enrico's restaurant, which the township acquired by foreclosure about 20 years ago. Township Solicitor Bruce Gorman explained last week. "They're saying that the foreclosure was done improperly." he said of South Crest's argument "They're trying to take over the whole block, which is a laudable thing." Gorman observed, "but they should have to buy ( the four lots) from us" at a "public sale." "THIS WILL TAKE QUITE a while, he predicted, referring to the South Crest suit and its pending Superior Court appeal of a township Planning Board decision on Enrico's. Therboard voted unanimously in June, allowing First Peoples Bank to reopen the restaurant for two years with only 48 parking spaces and seating limited to 300. Erma businessman Louis Lambert, who plans a convention complex on a million dollar tract adjoining Enrico's, has been trying to buy the restaurant from First Peoples; it acquired control last year through bankruptcy proceedings. Lambert, who attended the June Planning Board hearing, complained that the board authorized the bank to park 110 vehicles in 48 spaces through valet parking.

Although First Peoples "said seating was 300 total." Lambert griped, "the seating is 450 in the back room. . .and the ( occupancy > sign in the front (room) says 250." N LAMBERT. OWNER OF LAURA'S Fudge shops, predicted Ciampitti's appeal of the planning decision The developer con1 trols most of Diamond Beach land through several corporations Before the recent Superior Court appeal. South Crest attorney James E Webb ap pealed the ruling to township councilmen last month. But Gorman advised them to re- j ject the appeal because they lacked authori- j ty to hear it. Before the June Planning Board hearing, he speculated that First Peoples wouldn't be able to operate Enrico's Flaminco Room or. perhaps, the entire complex because of a 1976 zoning board decision, allowing the Flaminco Room expansion. "Effectively, they (zoners) made it a condition of the (expansion) variance that they < Enrico's owners ) maintain the lease for 96 parking spaces," Gorman noted. Those spaces, however, are now owned by Lambert. He bought the lot Enrico's once rented, but has been unwilling to lease it to First Peoples. Council in June approved a yearly liquor license for Enrico's but a mercantile license, allowing the bank to open the facility, was still pending payment last week of $35,000 plus interest in 1984 and 1985 back taxes, Township Clerk Claudia R. Kammer confirmed Wednesday.

Abandoned Pets: 'the Worst'

(From Page 1) animals currently at the shelter, describing it simply as "unbelievable." An alarming problem is the growing number of pet owners who become former pet owners by dumping their animals along roadsides. This has become a favored means of disposal among both seasonal and permanent residents, according to Clark. "SOME INHUMANS think their pets are like the rest of their trash — they're disposable. But they forget that pets are living, breathing, feeling creatures. And the local people are just as bad," she said. Clark received a report from a Lower Township resident who saw the driver of a green station wagon abandon a dog along Breakwater Road. The woman recorded the license plate, Clark added. "It was heartbreaking. The car was pulling away, and the poor dog was running behind, chasing after the car," Clark said. Kelly said that the county, with its many miles of rural roads, makes for easy dumping. "They're pretty good at not getting caught." at what is a violation of state statute, he said. ANOTHER FAVORED site of dumpers is near docks and bays. The dumpers apparently assume that fishermen and boaters would feed the animals, or the animals could find enough scraps. Lower Township Councilman Robert Conroy said at a meeting last week that stray dogs have formed a potentially dangerous pack at Schellenger's Landing. Kelly said he has received complaints about the animals, but a trip there last week turned up nothing. ( A Dorij Ward OH. WOE IS ME — Janice Whitmore. of CoM Spring, an employe of the Animal Welfare Center on Route 47 in Dias Creek, holds a mother Beagle and her puppies who were abandoned by their owner.

To cut the number of strays in the future, Clark said the "only answer" is to have 0 pets spayed and neutered. The shelter still is accepting pets for its neutering program, despite the ban on strays, she said. ANOTHER WAY to deal with the problem Clark said, would be for resorts to require all pets, whether year-round or seasonal, be registered. Each municipality could then account for the number of pets, including strays, she said. An increased fine for pet dumpers, proposed by Lower Township Mayor Robert Fothergill, also meets with Clark's approval. She said that Fothergill proposed doubling the current $250 maximum fine. For the time being, Clark said the shelter will try to accomodate its current population and discourage any additions until there is room. She has asked Middle Township Mayor Michael Voll for extra surveillance, and the shelter will take other precautions at stem the tide of animals left on the front porch of the building. The shelter needs both volunteers and doghouses. If you can donate either, call the shelter at 465-3403. Commission (From Page 1) pected to open in June, 1987. Mayor Michael Voll told this newspaper Friday that that question also could be discussed today. The sewage commission's discussion of the Hospicomm proposal was conducted without benefit of its chairman, A1 Karaso. or its solicitor, Carmen Alvarez. Both are connected to the Cape May Court House Neighborhood Association which sued to block the nursing home's septic system. So. they stayed out of the conversation to avoid a conflict. "Three of you are a quorum," Alvarez told the commission. "That's enough." MEMBER THOMAS MILLS was not present, but Heck, clerk Nancy Jeanne DeVico, and James Killian were. When they persisted in posing questions to Alvarez, she and Karaso left the room and waited in the hall to remove any possibility of their involvement. "I don't see that we have any jurisdiction," said Heck. "They (Middle Committee) haven't got their act together as far as where are as a district. This area lies outside our district." "They're just asking us for an opinion," said DeVico. "There's nothing we can say or do," said Killian. "I THINK THEY (Middle Committee) want to get off the hook," said Heck. "They want somebody else to say, 'hey, that's a great idea.' But I don't want to do that...." It was engineer Charles Kona who advised the commission to get an attorneyprepared statement, "not an off-the-cuff statement." Neidig was selected because Alvarez said it would be improper to have anyone from her firm.