JACKSON TOWNSHIP, NJ – It was a banner year for Holbrook Little League of Jackson in 2019.  The 12-year-old Little League All-Star team had won the state championship and the Mid-Atlantic championship and were heading to Williamsport to play in front of the entire world.   From the outside, things were going great. On the inside, some league officers began noticing the league’s financial dire straits did not add up.  The league was behind on paying vendors and the profit and loss sheets weren’t making sense.  Things in the league came to a head when parents from the Williamsport bound team also started seeing financial discrepancies.

Tens of thousands of dollars were raised to help families fund the travel expenses to go to Williamsport, but those families didn’t receive that money.  That’s when several league officials and parents of the league went to the Ocean County Prosecutor’s Office after getting the run around from Board President Anthony DelVecchio and John Lehman.  An investigation by Ocean County Prosecutor Joseph Coronato found that Lehman and Del Vecchio had been skimming money from the program which hosts boys baseball and girls softball programs.

Over $200,000 had been stolen by the pair, according to the authorities.

Today, Ocean County Prosecutor Bradley D. Billhimer announced that John Lehman, 57, of Jackson, was sentenced by the Honorable Rochelle Gizinski, J.S.C., to a term of one-year non-custodial probation, 100 hours of community service, and restitution in the amount of $63,085.41 payable to the Holbrook Little League as a result of his previously entered guilty plea to Theft by Unlawful Taking in violation of N.J.S.A. 2C:20-3a.  Lehman and his co-defendant, Anthony Del Vecchio, pled guilty to the charge before Judge Gizinski on December 2, 2019.  Lehman made full restitution at the time of his sentencing.

Del Vecchio was similarly sentenced by Judge Gizinski on January 24, 2020 to two years non-custodial probation, 100 of community service, and restitution in the amount of $63,085.41.  He likewise made full restitution at the time of his sentencing.  The plea agreements as to both defendants were entered into with the advice, consent, and approval of the Holbrook Little League Executive Board.

On November 27, 2017, the Ocean County Prosecutor’s Office received information detailing the theft of funds from the Holbrook Little League and perpetrated by then-League President Del Vecchio.  Subsequent investigation revealed that Del Vecchio and then-Treasurer Lehman had converted more than $126,000 of the League’s funds for their personal benefit.  Del Vecchio and Lehman were the only signatories on the account and both signatures were required on all checks.

Prosecutor Billhimer would like to acknowledge the diligent efforts of Assistant Prosecutor Christopher Heisler who handled this case on behalf of the State.  Prosecutor Billhimer would also like to recognize the excellent work of the Ocean County Prosecutor’s Office Economic Crime Squad and High Tech Crime Unit.  “Del Vecchio – and now Lehman – have both been made to answer for their betrayal of the faith and trust placed in them by the families that comprise the Holbrook Little League.  The League has been made whole by the repayment of monies stolen, and hopefully the League will continue to grow and recover from this dark period, but these two individuals will be branded as thieves for the rest of their lives, and deservedly so,” Prosecutor Billhimer stated.

TRENTON –  Governor Murphy has extended the Coronavirus state of emergency by another 30 days through his 186the executive order.

Governor Phil Murphy today signed Executive Order No. 186. The Order extends the Public Health Emergency that was declared on March 9, 2020 through Executive Order No. 103, which was previously extended on April 7, May 6, June 4, July 2, August 1, and August 27. Under the Emergency Health Powers Act, a declared public health emergency expires after 30 days unless renewed.

“As we enter the Fall season, it is important to continue to take all steps necessary to save lives and stop the spread of COVID-19 in our state,” said Governor Murphy. “Maintaining our access to all resources available is critical, and an extension of the public health emergency will allow us to continue making progress against this virus.”

Executive Order No. 186 extends all Executive Orders issued under the Governor’s authority under the Emergency Health Powers Act. It also extends all actions taken by any Executive Branch departments and agencies in response to the Public Health Emergency presented by the COVID-19 outbreak.

For the full text of Executive Order No. 186, click here.

LAKEWOOD, NJ – There’s a new outbreak of COVID-19 in Ocean County and more than half of all new cases are being reported in Lakewood Township.   In Lakewood alone, there have been 473 new COVID-19 cases in the past 10 days, making up 56% of the county’s 768 overall new cases during that same time period.  The Star Ledger Reported that if Ocean County was a state, it’s daily COVID-19 positivity rating would earn it a spot on Governor Phil Murphy’s mandatory 14-day quarantine list.

Lakewood’s case total this past week brings it back to pandemic levels seen during March through May of this year.

Today Persichili said cases have increased in Ocean County and she reviews all new cases daily.  Since Monday, Ocean County had 468 news cases, leading the state.

“The main age group for the cases in Ocean and Monmouth are 18 to 29 years old,” Persichili said. “In Ocean County we’re tracking between 100 and 150 new cases per day and of that number, at least half or more are in Lakewood and positivity rate in Lakewood is also increasing, which is also a concern.”

Persichili said additional contact tracers have been dispatched to Ocean County this week and more will be sent next week to figure out exactly what is going on in Lakewood to cause the latest outbreak.

In Monmouth County, Persichili said house gatherings and workplaces were common causes of the spread of the virus there.  Another spike in Gloucester  County correlated with college housing at Rowan University.

HOWELL TOWNSHIP, NJ –  Joseph DiBella, a former Howell Township councilman and chairman of the Howell Township Republican Club spoke out today about the 2016 driving while intoxicated arrest of currently sitting Republican Councilwoman Pamela Richmond.   A Howell Township newspaper this week reported Richmond’s arrest which has been unspoken of by township Republicans since it happened.  Republicans and DiBella are claiming the newspaper as “Fake News” published by Democrats.  The newspaper (See screenshot below) featured stories about community happenings on topics ranging from the new Lidl supermarket to the Howell Food Pantry, but DiBella took issue with one article regarding the Republican Councilwoman’s arrest in 2016.

Related: Howell Business Administrator Mum on Disappearance of Six-Figure Town Employee.

“What is most disturbing…is that the [newspaper] chose to personally attack in the most mean spirited and vicious way, our current councilperson, Pamela Richmond,” DiBella said. “They recall an incident of four years ago…when she was involved in a DUI incident. I know Pam personally…I know her family.  She’s deeply disturbed and disappointed in what happened. It was a mistake. But it was four years ago and Pam’s not running this year.”

DiBella said the news story was malicious and mean spirited, aimed only at humiliating and embarrassing DiBella over her driving while intoxicated arrest.

The story in the newspaper, “Howell Tribune” claims Howell Township officials tried to cover up Richmond’s drunk driving records prior to the 2018 township council election.

“QUESTIONS ARE BEING ASKED about why the complete records of Howell Councilwoman Pamela Richmond’s DWI arrest were not released despite repeated requests to the Township’s custodian of records. Under the state Open Public Records Act, requested records should be turned over in 7 business days. But in the case of Richmond’s DWI arrest, Howell Township has refused to release the records required by NJ state law,” the newspaper claimed.

Instead, those records came just days before the 2018 election, according to township records.   A picture of Richmond was used from a YouTube video channel, but she has since removed those videos where the subject matter often included hard liquor products.  The video image used in the newspaper was from a video shot just days before her arrest where she’s seen holding a bottle of Jack Daniels.

“She was charged with both DWI and reckless driving. She pled guilty to reckless driving, and her license was suspended for 45 days. In New Jersey, the minimum penalty for driving while intoxicated is a 3-7 month license suspension, depending on the blood alcohol level at the time of the arrest,” the newspaper reported.

The incident was covered by the Asbury Park Press on November 1, 2018 in a story entitled, “Is Howell Hiding Candidate’s DWI Record?”

According to the Asbury Park Press, Township Clerk Penny Wollman askedfor a $300 special service charge to offset the cost for the time a police captain to conduct a records search and redact personal information, an attempt township watchdogs said was an effort to delay the release of those records.

The newspaper was delivered to homes across Howell Township this week.

An article in a newspaper published and delivered to all of Howell Township this week talks about the 2016 arrest of GOP Councilwoman Pam Richmond.

Toms River Man Focus of Howell Township Lawsuit Alleging Age Discrimination, Whistle Blower Intimidation

BRICK TOWNSHIP, NJ – On September 25, 2020, at approx. 1230 a.m., Officer Scott Mesmer observed a suspicious vehicle in the area of the Wawa on Drum Point Rd. Officer Mesmer investigated and ultimately stopped the vehicle in the parking lot of the 7/11 on Chambers Bridge Rd for failing to maintain its lane of travel. Officer Mesmer spoke with the driver, later identified as Bilal Freeman and also the passenger of the vehicle. After speaking with both subjects it became apparent to Officer Mesmer that their stories of where they were coming from and where they were going were different.

Officers Joseph Riccio and Cody Oliverio responded to assist.

It was at this time Officer Mesmer requested K9 Officer Scott Smith and his partner Echo. K9 Officer Smith and his partner Echo performed an exterior narcotics sniff of the vehicle, which resulted in a positive indication for the presence of CDS inside the vehicle. A subsequent search of the vehicle revealed approximately 1,308 wax folds of suspect Heroin. In total there were approximately 27 bricks of suspected Heroin found inside the vehicle.

Mr. Freeman was subsequently placed under arrest and charged with; Possession of Heroin, Distribution of Heroin and Possession of Drug Paraphernalia. He was also issued two motor vehicle summonses for failing to maintain a lane and possession of CDS in a vehicle.

Mr. Freeman was processed and transported to Ocean County Jail

TRENTON, NJ – New Jersey Governor Phil Murphy has been sent a bill that was passed by New Jersey legislators that will ban the use of plastic bags, plastic straws and even paper bags here in the Garden State.  The ban will also ban fast foot in polystyrene containers.   Bill S864/A1978 was sponsored by state Democrats and is expected to garner the signature of Governor Murphy to be signed into law.

The bill comes at a time when takeout at restaurants is in full swing, the industry relies on low-cost and affordable ways to allow people to pick up food.  Food is usually placed in containers and in plastic bags.  Once this bill takes effect, restaurants will have to figure out a new to deliver food in an industry that can’t afford to take any more hits by the Governor’s office.

The ban on those items applies to supermarkets, restaurants, food trucks, convenience stores and movie theaters that are larger than 2,5000 square feet.

The paper bag ban applies to grocery stores and supermarkets.   Violations of the new ban would be a $1,000 fine for the first and second offense and $5,000 fines for each subsequent offense.

Here is the bill:

 The Legislature further finds that, in 2017, only 8.4 percent of plastics in the United States were recycled; that most single-use plastics are disposed of in landfills, are incinerated, or become litter in waterways and oceans; that plastics released in the environment do not biodegrade, but instead break down into smaller pieces, known as microplastics, which accumulate in the natural environment and are eaten by fish and other marine life; and that microplastic pollution moves through natural food webs and accumulates in fish and shellfish tissues, which means microplastics and associated pollutants can move into the food chain.

     The Legislature further finds that approximately eight million tons of plastic end up in the oceans annually; that, without action, scientists estimate that by 2050 the mass of plastic pollution in the ocean will exceed the mass of fish; that currently, there is a collection of litter in the North Pacific Ocean, known as the Great Pacific Garbage Patch, that is 7.7 million square miles and is composed primarily of plastics; that one study found plastics in the gut of every sea turtle examined and in 90 percent of seabirds examined; and that plastics have been known to cause death or reproductive failure in sea turtles, birds, and other organisms that ingest plastic.

     The Legislature further finds that, as plastics break down through photodegradation, they release harmful chemicals such as bisphenol A (BPA) into the environment that have been linked to health problems in humans; that these chemicals enter the food chain when consumed by marine life; and that single-use plastic waste creates visual pollution, degrades water quality, and impacts the tourism, fishing, and shipping industries, all of which are major contributors to the New Jersey economy.

     The Legislature therefore determines that it is no longer conscionable to permit the unfettered use and disposal of single-use plastics in the State; that New Jersey must do its part to minimize plastic pollution in the ocean, and to ensure that future generations have a clean and healthy environment to live, work, and recreate in; that banning or limiting the use of single-use plastic carryout bags, polystyrene foam food service products, and single-use plastic straws is a significant step in this effort, as these items are among the most significant sources of beach and ocean pollution; that New Jersey joins several other states and hundreds of municipalities across the country in banning or limiting the use of single-use plastics; and that such bans and limitations have drastically lowered consumer consumption of single-use plastics.

     The Legislature further finds that single-use paper carryout bags use as much or more energy and resources to manufacture and transport than single-use plastic carryout bags and contribute to harmful air emissions.  Consequently, the Legislature further determines that it is in the public interest to prohibit grocery stores from providing single-use paper carryout bags.

     The Legislature further finds that the State’s nascent hemp-growing industry, regulated through the New Jersey Department of Agriculture’s Division of Plant Industry, would be a significant force in creating biodegradable raw materials that can be turned into hemp-based bio-packaging, which breaks down in approximately 90 days versus the dozens of years it takes petroleum-based plastics to break down into microplastics in the ocean.

2. (New section) As used in P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

      “Carryout bag” means a bag that is provided by a store or food service business to a customer for the purpose of transporting groceries, prepared foods, or retail goods.  “Carryout bag” shall not include:

      (1)  a bag used solely to contain or wrap uncooked meat, fish, or poultry;

      (2)  a bag used solely to package loose items such as fruits, vegetables, nuts, coffee, grains, baked goods, candy, greeting cards, flowers, or small hardware items;

      (3)  a bag used solely to contain live animals, such as fish or insects sold in a pet store;

      (4)  a bag used solely to contain food sliced or prepared to order, including soup or hot food;

      (5)  a laundry, dry cleaning, or garment bag;

      (6)  a bag provided by a pharmacy to carry prescription drugs;

      (7)  a newspaper bag; and

      (8)  any similar bag, as determined by the department pursuant to rule, regulation, or guidance.

      “Department” means the Department of Environmental Protection.

      “Food service business” means a business that sells or provides food for consumption on or off the premises, and includes, but is not limited to, any restaurant, café, delicatessen, coffee shop, convenience store, grocery store, vending truck or cart, food truck, movie theater, or business or institutional cafeteria, including those operated by or on behalf of any governmental entity.

      “Grocery store” means a self-service retail establishment that occupies at least 2,500 square feet and that sells household foodstuffs for off-site consumption, including, but not limited to, fresh produce, meat, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, or prepared foods.  ¹“Grocery store” shall not include an establishment that handles only prepackaged food that does not require time or temperature controls for food safety.¹

      “Hemp product” means a finished product with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent that is derived from or made by processing a hemp plant or plant part and prepared in a form available for commercial sale.

      “Person” means any individual, corporation, company, association, society, firm, partnership, joint stock company, or governmental entity.

      “Plastic” means a synthetic material made from linking monomers through a chemical reaction to create an organic polymer chain that can be molded or extruded at high heat into various solid forms retaining their defined shapes during the life cycle and after disposal.

      “Polystyrene foam” means blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).

      “Polystyrene foam food service product” means a product made, in whole or in part, of polystyrene foam that is used for selling or providing a food or beverage, and includes, but is not limited to, a food container, plate, hot or cold beverage cup, meat or vegetable tray, cutlery, or egg carton.

      “Reusable carryout bag” means a carryout bag that:  (1) is made of polypropylene, PET nonwoven fabric, nylon, cloth, hemp product, or other machine washable fabric; (2) has stitched handles; and (3) is designed and manufactured for multiple reuse.

      “Single-use paper carryout bag” means a carryout bag made of paper that is not a reusable carryout bag.

      “Single-use plastic carryout bag” means a carryout bag made of plastic that is not a reusable carryout bag.

     “Store” means any grocery store, convenience store, liquor store, pharmacy, drug store, or other retail establishment.

3. (New section)  a.  Beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     (1)   no store or food service business shall provide or sell a single-use plastic carryout bag to a customer; and

     (2)   no grocery store shall provide or sell a single-use paper carryout bag to a customer.

1. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
2. Beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic carryout bags or single-use paper carryout bags that was enacted prior to the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

4. (New section)  a.  Beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), no person shall sell or offer for sale in the State any polystyrene foam food service product.
5. Beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), no food service business shall provide or sell any food in a polystyrene foam food service product.
6. The following products shall be exempt from the provisions of subsections a. and b. of this section for a period of two years beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):

     (1)   disposable, long-handled polystyrene foam soda spoons when required and used for thick drinks;

     (2)   portion cups of two ounces or less, if used for hot foods or foods requiring lids;

     (3)   meat and fish trays for raw or butchered meat, including poultry, or fish that is sold from a refrigerator or similar retail appliance;

     (4)   any food product pre-packaged by the manufacturer with a polystyrene foam food service product; and

     (5) any other polystyrene foam food service product as determined necessary by the department.

1. The department may extend any exemption provided for in subsection c. of this section for additional periods not to exceed one year upon a written determination that there is no cost-effective and readily available alternative for the item.  An exemption shall expire after one year unless the department extends the exemption pursuant to this subsection.
2. The department may, upon written application by a person or food service business, waive the provisions of subsection a. or b. of this section for the person or food service business for a period not to exceed one year, if:

     (1)   there is no feasible and commercially available alternative for a specific polystyrene foam food service product; or

     (2)   the person or food service business has less than $500,000 in gross annual income and there is no reasonably affordable, commercially-available alternative to the polystyrene foam food service product.

     The department shall prescribe the form and manner of the application for a waiver pursuant to this subsection.  The department may, upon written application, extend any waiver granted pursuant to this section for additional periods not to exceed one year.

1. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
2. Beginning 18 months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of polystyrene foam food service products that was enacted prior to the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

5. (New section)  a.  Beginning one year after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), a food service business shall only provide a single-use plastic straw to a customer upon the request of the customer.
6. A food service business shall maintain an adequate supply of single-use plastic straws to provide at the request of customers pursuant to subsection a. of this section.
7. Nothing in this section shall be construed to prohibit a store from selling packages of single-use plastic straws to customers, or from providing or selling a beverage pre-packaged by the manufacturer with a single-use plastic straw, including, but not limited to, a juice box.
8. Notwithstanding the provisions of subsection c. of section 6 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Department of Health shall enforce the provisions of this section.  The Department of Health may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of this section.
9. No later than four years after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Department of Health shall prepare and submit to the Plastics Advisory Council a written report evaluating the compliance of food service businesses with the requirements of this section.
10. A municipality or county shall not adopt any rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
11. Beginning one year after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), this section shall supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation or prohibition of single-use plastic straws that was enacted prior to the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

6. (New section)  a.  Any person or entity that violates a provision of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), or any rule or regulation adopted pursuant thereto, shall be subject to a warning for a first offense, up to $1,000 for a second offense, and up to $5,000 for a third or subsequent offense, to be collected in a civil action by a summary proceeding under the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested.  If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate, and distinct offense.  The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of the “Penalty Enforcement Law of 1999” in connection with P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
7. Any penalty collected pursuant to this section shall be remitted to the State Treasurer for deposit in the Clean Communities Program Fund established pursuant to section 5 of P.L.2002, c.128 (C.13:1E-217), except that a municipality or entity certified pursuant to the “County Environmental Health Act,” P.L.1977, c.443 (C.26:3a2-21 et seq.) may retain 30 percent of any penalty it collects pursuant to subsection a. of this section.
8. The Department of Environmental Protection, a municipality, and any entity certified pursuant to the “County Environmental Health Act,” P.L.1977, c.443 (C.26:3a2-21 et seq.) shall have the authority to enforce the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  Those entities may institute a civil action for injunctive relief to enforce P.L.    , c.    (C.        ) (pending before the Legislature as this bill) and to prohibit and prevent a violation thereof, and the court may proceed in the action in a summary manner.

7. (New section)  a.  There is established in the Department of Environmental Protection the Plastics Advisory Council.  The council shall monitor the implementation of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and evaluate its effectiveness in reducing single-use plastics and plastic waste in the State.
8. The council shall consist of 16 members as follows:

     (1)   the Commissioner of Environmental Protection, who shall serve ex officio, or the commissioner’s designee;

     (2)   the Commissioner of Health, who shall serve ex officio, or the commissioner’s designee;

     (3)   the Secretary of Agriculture, who shall serve ex officio, or the secretary’s designee; and

     (4)   the following members appointed by the Governor:

     (a)   two members of the academic community with expertise on the issues of single-use plastics and plastic waste;

     (b)   four members representing the environmental community;

     (c)   four members representing stores and food service businesses in the State;

     (d)   one member representing the polystyrene foam industry;

     (e)   one member representing the recycling industry; and

     (f)   one member representing local governments.

1. All appointments to the council shall be made no later than 90 days after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).  The term of office of each public member shall be three years.  Each member shall serve until a successor has been appointed and qualified, and vacancies shall be filled in the same manner as the original appointments for the remainder of the unexpired term.  A member is eligible for reappointment to the council.  The members of the council shall serve without compensation, but shall be eligible for necessary and reasonable expenses incurred in the performance of their official duties within the limits of funds appropriated or otherwise made available for the council’s purposes.
2. The council shall organize as soon as practicable following the appointment of its members and shall select a chairperson and a vice-chairperson from among its members, as well as a secretary who need not be a member of the council.  A majority of the membership of the council shall constitute a quorum for the transaction of council business.  The council may meet and hold hearings at the place or places it designates.
3. No later than one year after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and each year thereafter, the council shall prepare and submit a written report to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the respective chairpersons of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors, evaluating the implementation and effectiveness of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), and making any recommendations for legislative or administrative action to improve the implementation or effectiveness of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).
4. (1)  The council shall also study the environmental and public health impacts of single-use plastics and micro-plastics; healthy and environmentally-friendly alternatives to single-use plastics; strategies and policies to increase the recyclability of plastics and reduce the amount of plastic entering the environment; the technological feasibility of increasing recycled content of consumer plastics and expanding the types of plastics that may be manufactured from recycled material; and ways to enhance the development and expansion of markets of post-consumer recycled plastic, including State and local purchasing and procurement practices.

     (2)   No later than two years after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the council shall submit a written report to the Governor, the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), and the respective chairpersons of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, or their successors.  The written report shall summarize the analysis conducted pursuant to paragraph (1) of this subsection and recommend ways to reduce the use of plastics and the amount of plastic entering the environment, and increase the rate of recycling of plastics.

8. (New section)  No later than six months after the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill):
9. the Department of State, in consultation with the Department of Environmental Protection, shall establish a program to assist businesses in complying with the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), including, but not limited to, developing and publishing on its Internet website guidance on compliance with the act, and establishing an online clearinghouse of vendors who provide environmentally sound alternatives to single-use plastic carryout bags, single-use paper carryout bags, polystyrene foam food service products, and single-use plastic straws; and
10. the organization under contract with the Department of Environmental Protection pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) shall, in cooperation with local governments and the business community, develop and implement a Statewide public information and education program concerning the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill). The program shall include, but need not be limited to, educational programs, public service announcements, and the distribution of free reusable carryout bags throughout the State.

9. (New section)  The department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to effectuate the provisions of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

10. Section 5 of P.L.2002, c.128 (C.13:1E-217) is amended to read as follows:
11. The Clean Communities Program Fund is established as a nonlapsing, revolving fund in the Department of the Treasury.  The Clean Communities Program Fund shall be administered by the Department of Environmental Protection and credited, in addition to any appropriations made thereto, with all user fees imposed pursuant to section 4 of P.L.2002, c.128 (C.13:1E-216) or penalties imposed pursuant to section 10 of P.L.2002, c.128 (C.13:1E-222), and any sums received as voluntary contributions from private sources.  Interest received on moneys in the Clean Communities Program Fund shall be credited to the fund.  Unless otherwise expressly provided by the specific appropriation thereof by the Legislature, which shall take the form of a discrete legislative appropriations act and shall not be included within the annual appropriations act, all available moneys in the Clean Communities Program Fund shall be appropriated annually solely for the following purposes and no others:
12. 10 [%] percent of the estimated annual balance of the Clean Communities Program Fund shall be used for a State program of litter pickup and removal and of enforcement of litter-related laws and ordinances in State owned places and areas that are accessible to the public.  Moneys in the fund may also be used by the State to abate graffiti;
13. 50 [%] percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed as State aid to eligible municipalities with total housing units of 200 or more for programs of litter pickup and removal, including establishing an “Adopt-A-Highway” program, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances.  The amount of State aid due each municipality shall be solely calculated based on the proportion which the housing units of a qualifying municipality bear to the total housing units in the State.  Total housing units shall be determined using the most recent federal decennial population estimates for New Jersey and its municipalities, filed in the office of the Secretary of State.  Moneys in the fund may also be used by an eligible municipality to abate graffiti;
14. 30 [%] percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed as State aid to eligible municipalities with total housing units of 200 or more for programs of litter pickup and removal, including establishing an “Adopt-A-Highway” program, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances.  The amount of State aid due each municipality shall be solely calculated based on the proportion which the municipal road mileage of a qualifying municipality bears to the total municipal road mileage within the State.  For the purposes of this subsection, “municipal road mileage” means that road mileage under the jurisdiction of municipalities, as determined by the Department of Transportation.  Moneys in the fund may also be used by an eligible municipality to abate graffiti;
15. 10 [%] percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed as State aid to eligible counties for programs of litter pickup and removal, including establishing an “Adopt-A-Highway” program, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances.  The amount of State aid due each county shall be solely calculated based on the proportion which the county road mileage of an eligible county bears to the total county road mileage within the State.  For the purposes of this subsection, “county road mileage” means that road mileage under the jurisdiction of counties, as determined by the Department of Transportation.  Moneys in the fund may also be used by an eligible county to abate graffiti;
16. No eligible municipality shall receive less than $4,000 in State aid as apportioned pursuant to subsections b. and c. of this section.  A municipality or county may use up to [5%] five percent of its State aid for administrative expenses;
17. Prior to the distribution of funds pursuant to subsections a. through d. of this section [,] :

     (1)   $375,000 of the estimated annual balance of the Clean Communities Program Fund shall be annually appropriated to the department and made available on July 1 of every year to the organization under contract with the department pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) for a Statewide public information and education program concerning antilittering activities and other aspects of responsible solid waste handling behavior, of which up to $75,000 shall be used exclusively to finance an annual Statewide television, radio, newspaper and other media advertising campaign to promote antilittering and responsible solid waste handling behavior.

     (2)   in each of the first three years after the effective date of P.L.    , c.   (C.        ) (pending before the Legislature as this bill), $500,000 of the estimated annual balance of the Clean Communities Program Fund shall be appropriated to the department and made available on July 1 of each year to the organization under contract with the department pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) for the Statewide public information and education program developed pursuant to subsection b. of section of section 8 of P.L.    , c.   (C.        ) (pending before the Legislature as this bill). 

     The organization under contract with the department pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) shall, no later than the date on which the contract period concludes, submit a report to the Governor and the Legislature concerning its activities during the contract period and any recommendations concerning improving the program.  Every eligible municipality and county shall cooperate with the organization under contract with the department pursuant to section 6 of P.L.2002, c.128 (C.13:1E-218) in providing information concerning its program of litter pickup and removal.

     No later than May 31, 2008, 25 [%] percent of the estimated annual balance of the Clean Communities Program Fund shall be appropriated to the State Recycling Fund established pursuant to section 5 of P.L.1981, c.278 (C.13:1E-96).  These moneys shall be used by the Department of Environmental Protection for direct recycling grants to counties and municipalities, up to a maximum appropriation of $4,000,000.

1. As used in this section, “graffiti” means any inscription drawn, painted or otherwise made on a bridge, building, public transportation vehicle, rock, wall, sidewalk, street or other exposed surface on public property.

     The department may carry forward any unexpended balances in the Clean Communities Program Fund as of June 30 of each year.

(cf:  P.L.2007, c.311, s.15)

11. This act shall take effect immediately.

Photo by roberta errani on Unsplash

TOMS RIVER, NJ – Ocean County Clerk Scott Colabella is on the election ballot this year, but he has already screwed the printing and mailing of those ballots.   Colabella says it was human error, but said that 99.9% of the ballots his office is printing and mailing out to Ocean County voters are correct.

The problem?  Colabella’s office said voters in Point Pleasant are receiving mail-in ballots for Long Beach Township.  Colabella said the county is printing 424,000 ballots for this election and is advising Point Pleasant voters to double-check their ballots.  The ballots were the first wave of ballots sent to smaller towns and boroughs across Ocean County.

According to a News 12 story today, more than 20 voters have come forward so far. But Colabella says that the ballots mostly went out correctly.  Ballots for the smaller 26 towns in Ocean County have all been mailed out.  Now it’s up to Colabella’s office to make sure the majority of the ballots get into the hands of the right voters.

“As our staff continues to work 7 days a week to send out over 400,000 Vote by Mail Ballots, voters in the following towns should be receiving their ballots in the mail in the next few days: Lacey, Little Egg Harbor and Stafford. As of today, our office has mailed ballots to 26 of the 33 municipalities in Ocean County,” Colabella posted on the County Clerk’s Facebook page.

HOWELL TOWNSHIP, NJ – James R. Herrman, the Director of Community Development for Howell Township resigned on September 6th, but nobody in town has heard from him since February of this year.   Today, Herrman’s disappearance was confirmed by the Asbury Park Press.  Residents have been questioning where the township employee who earns $173,000 has been since the winter.  Township Business Administrator Brian Geoghegan declined to comment about Herrman’s absence from town hall and from township meetings since February.  Howell officials won’t disclose why Herrman was paid for so long during his absence.

Geoghegan made news this summer being the target of a workplace age discrimination lawsuit. See more below about that case.  Geoghegan retired from the Jackson Township Police Department and has served as a businesses administrator in three towns since his retirement.   This year, Geoghegan sold flailing Lampost Inn restaurant which he owned in Bayville.

Toms River Man Focus of Howell Township Lawsuit Alleging Age Discrimination, Whistle Blower Intimidation

LAKEWOOD, NJ – Ocean County Prosecutor Bradley D. Billhimer announced that on September 23, 2020, Jorge Juarez Mendoza, 24, of Lakewood, pled guilty to Aggravated Assault in violation of N.J.S.A. 2C:12-1b(1), Eluding in violation of  N.J.S.A. 2C:29-2b, and Criminal Mischief in violation of N.J.S.A. 2C:17-3a, before the Honorable Rochelle Gizinski, J.S.C.  Mendoza likewise pled guilty to the motor vehicle offense of Driving While Intoxicated in violation of N.J.S.A. 39:4-50.  At the time of his sentencing on November 19, 2020, the State will be seeking a term of 10 years in New Jersey State Prison (NJSP) subject to the terms of the No Early Release Act, N.J.S.A. 2C:43-7.2 in connection with the  Aggravated Assault offense.  The State will also be seeking five years NJSP with regard to the Eluding charge, and three years NJSP as to the Criminal Mischief offense.  All sentences are to run concurrently.

On September 7, 2019, Lakewood Township Police observed a motor vehicle traveling at a high rate of speed and swerving in and out of traffic on New Hampshire Avenue northbound.  As Officers attempted to execute a motor vehicle stop, the vehicle, operated by Mendoza, proceeded to elude the Officers before crashing into multiple vehicles on Ocean Avenue and finally coming to a rest.  When the Officers approached the vehicle, Mendoza climbed out of the passenger-side window.  The Officers discovered an unconscious female, later identified as Marcela Alban, strapped into the passenger seat.  It was learned that the vehicle belonged to Ms. Alban and that she had previously been in a dating relationship with Mendoza.  The Officers detected a strong odor of alcohol, and observed Mendoza to be acting erratically; as such, it was suspected that Mendoza had operated the vehicle while under the influence of alcohol.  Mendoza was arrested at the scene and transported to Lakewood Police Headquarters.  Ms. Alban was transported to Monmouth Medical Center, Southern Campus, where she was treated for her injuries and released.

Further investigation revealed that Mendoza appeared at Ms. Alban’s residence earlier in the day on September 7, 2019 and forced her into the vehicle with him by assaulting her and threatening her children.  He then proceeded to drive recklessly through Lakewood, striking her as she pleaded with him to stop.  He continued to assault her until the motor vehicle crash occurred.  At Lakewood Police Headquarters, Mendoza agreed to submit to chemical breath testing.  The chemical breath test revealed Mendoza had a Blood Alcohol Concentration (BAC) of .14 percent.  In the State of New Jersey, an operator of a motor vehicle is presumed to be over the legal limit for purposes of alcohol consumption when his/her BAC is .08 or greater.  Mendoza was charged accordingly and transported to the Ocean County Jail, where he has been lodged since his arrest and will remain until he is sentenced on November 19, 2020.

FREEHOLD, NJ – A Middlesex County, New Jersey, man today admitted that he conspired to distribute more than 100 grams of heroin as part of a conspiracy responsible for distributing significant quantities of heroin and cocaine in the Bayshore area of Monmouth and Middlesex counties, U.S. Attorney Craig Carpenito announced.

Daniel McHugh, 50, of Sayreville, New Jersey, pleaded guilty before U.S. District Judge Brian R. Martinotti via videoconference to an information charging him with one count of conspiracy to distribute and possess with intent to distribute 100 grams or more of heroin.  McHugh also admitted to conspiring to distribute and possess with intent to distribute a quantity of cocaine and possessing with intent to distribute a quantity of crack cocaine.

Today’s guilty plea follows a coordinated takedown in November 2018 of 15 defendants charged by complaint with conspiracy to distribute heroin and cocaine. To date, 13 defendants have pleaded guilty, including supplier Gregory Gillens and lead defendant Guy Jackson.  Gillens was sentenced on Sept. 8, 2020, to 10 years in prison. Jackson is awaiting sentencing.

According to documents filed in this case and statements made in court:

From May 2017 to November 2018, McHugh and others engaged in a narcotics conspiracy that operated in the Raritan Bayshore region of Middlesex and northern Monmouth counties. Through the interception of telephone calls and text messages pursuant to court-authorized wiretap orders, controlled purchases of heroin and cocaine, the use of confidential sources of information, and other investigative techniques, law enforcement learned that McHugh regularly obtained heroin and cocaine for further distribution from Jackson. Some of the heroin distributed by the conspiracy contained fentanyl, a dangerous synthetic opioid.

On the date of his arrest, McHugh gave consent to search his residence. During that search, law enforcement recovered quantities of heroin, cocaine, and crack cocaine intended for further distribution.

The heroin conspiracy count to which McHugh pleaded guilty carries a statutory mandatory minimum term of five years in prison, a maximum of 40 years in prison, and a fine of up to $5 million. Sentencing is scheduled for Jan. 20, 2021.

U.S. Attorney Carpenito credited Special Agents of the FBI, Newark Division, Red Bank Resident Agency, Jersey Shore Gang and Criminal Organization Task Force (including representatives from the Bradley Beach Police Department, Brick Police Department, Howell Police Department, Marlboro Police Department, Monmouth County Sheriff’s Office, Toms River Police Department, and Union Beach Police Department) under the direction of Special Agent in Charge George M. Crouch Jr.; Special Agents of the FBI, Philadelphia Division, Scranton Resident Agency, under the direction of Special Agent in Charge Michael J. Driscoll; the New Jersey State Police, under the direction of Colonel Patrick J. Callahan, Superintendent; the Matawan Police Department, under the direction of Chief Thomas J. Falco, Jr.; the Holmdel Police Department, under the direction of Chief John Mioduszewski; the Highlands Police Department, under the direction of Chief Robert Burton; the Monmouth County Prosecutor’s Office, under the direction of Prosecutor Christopher J. Gramiccioni; the Old Bridge Police Department, under the direction of Chief William A. Volkert; the Keansburg Police Department, under the direction of Chief James K. Pigott; the Hazlet Police Department, under the direction of Chief Philip Meehan; and the Aberdeen Police Department, under the direction of Chief Richard A. Derechailo, with the investigation leading to today’s guilty plea.

Like ticket scalpers at a major concert or sporting event, line scalping is becoming a big business in New Jersey as lines at the state’s motor vehicle commission offices are growing out of control.  Each day, hundreds of people line up at their local motor vehicle commission office and hope today is their day to finally be seen to renew a license or register their new car.  For many, the wait and time away from work is too great, so they have resorted to buying spots in lines.

Now, with work hard to find, people are lining up each day with the goal to sell their spot to somebody who needs it.

According to a report in North Jersey.Com today, the line scalping market is on the rise and in demand.  Many in New Jersey are now complaining that they have to take a day or two off work to be serviced by the MVC only to find out when they arrive when the office opens that capacity has already been met for the day.

Two New Jersey teens have made holding spots in line a lucrative business.  Alina Krupinksi and Bryanna Patterson booked their entire month of August being paid to wait on line at the Eatontown MVC office.  The two entrepreneurs set up at the local office at around 3 am and usually get one of the best spots in line at the office.  Patterson said she got the idea when she overheard a man in line behind say he would pay $100 for somebody to stand in line for him.  From there, business soared. They travel to Hazlet, Lakewood, Eatontown and Freehold to perform their services.  The pair says they spend about 6 hours in line each day, watch Netflix and keep each other entertained.  They are now looking to expand their new business to include doing things for people who can’t leave their homes to go shopping, walk their dogs and more.

Governor Phil Murphy said many of the tasks people are waiting to do in person can be done online and advises residents against camping out or paying line scalpers.

“If you are frustrated, I don’t blame you. Sue Fulton doesn’t blame you. We’re still working through this,” Murphy said. “On every weekday, customers arriving at 8:00 a.m. are ticketed just as those who camp out, the exceptions are Newark Regional and Wayne, which is under construction.”

On September 10th, Murphy extended many motor vehicle deadlines due to the backup in the state system.

“The temporary, but necessary closure of our MVC facilities earlier this year has resulted in an undeniable burden on many residents,” he said. “Under the leadership of Chief Administrator Sue Fulton, the MVC has made great progress in providing residents with the services that they need, under unprecedented circumstances. This legislation will reduce wait times and allow our vulnerable populations to have the access they need to obtain critical services.”

Assembly Bill A4486 extended the validity of all driver’s license and identification card photographs from a maximum of eight years to a maximum of 12 years. The bill further allows residents 65 years of age or older to be eligible to use a stored photograph for each standard driver’s license or standard identification card renewal. The legislation also requires the chief administrator, during the COVID-19 public health emergency, to reserve one day per week or a certain time each day or each week, to be determined by the chief administrator, at certain commission agency locations to offer appointments exclusively to the following individuals to register a newly purchased, newly acquired, or transferred motor vehicle: (1) senior citizens, and (2) customers who, due to a medical condition diagnosed by a licensed medical doctor or osteopathic physician and evidenced by proof, in a form prescribed by the chief administrator, cannot wear masks or face coverings.