9/22/14 - SSPHVA de-annexation petition signed by 70+% of the registered voters in South Seaside Park delivered to the clerk of Berkeley Township.


10/6/14 - Berkeley Township council passes resolution to accept our petition.


12/4/14 - 1st scheduled appearance by the SSPHVA in front of the Berkeley Township planning board. Agreement is reached between the SSPHVA and Berkeley Township to reschedule our 1st appearance to 1/6/15 due to a court mandated hearing on another matter.


1/6/15 - 1st SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney. Donald Whiteman, president of the SSPHVA testifies and responds to questioning. Berkeley Township offers, and we agree, to allow the SSPHVA two hours of testimony time per scheduled meeting. This also includes questioning of the witnesses by the planning board and municipal attorney.

 

2/5/15 - The 2nd SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney. Testimony, evidence-marking and questioning of our first witness, Donald Whiteman, is completed. Introduction of the second SSPHVA witness, Katherine Fulcomer and evidence marking begins.


3/5/15 - 3rd SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney canceled due to winter storm.


4/2/15 - The 3rd SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney. Testimony, evidence-marking and questioning of witnesses Katherine Fulcomer and Robert Schwartz completed. Robert Cardwell, Seaside Park Police Officer (Retired) / Volunteer Fireman (Active) testifies on behalf of South Seaside Park.

 

5/7/15 - The 4th SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney. Testimony, evidence-marking and questioning of witnesses Pat Dolobacs,  Judy Erdman and Jan Shalayda completed.

 

6/4/15 - The 5th SSPHVA witness appearance before the Berkeley Township planning board and municipal attorney. Donald Whiteman completed the lay witness testimony. Due to an agenda conflict, our 1st expert witness was unable to begin testimony.

 

7/2/15 - Due to a full agenda, the Berkeley Township planning board will be unable to hear testimony from the 1st SSPHVA expert witness.  

 

8/6/15 - The 1st SSPHVA expert witness testimony began with our Municipal Planner, Scott Bauman .

 

9/3/15 -  Questioning of our expert witness, municipal planner Scott Bauman, by Berkeley Township's planner, engineer and planning board attorney began.  

10/1/15 -  Questioning of our expert witness, municipal planner Scott Bauman, by Berkeley Township's planner, engineer and planning board attorney continued.  

 

11/5/15 -  Questioning of our expert witness, municipal planner Scott Bauman,  concluded. 

 

12/3/15 - Testimony by our 2nd expert witness, municipal accountant Ken Moore began.

 

1/7/16 - Due to a full agenda, the Berkeley Township planning board could not guarantee our full 2 hour period. The SSPHVA did not appear.

 

2/4/16 - Testimony and questioning of our municipal planner, Ken Moore continued.

 

3/3/16 - Due to a previous commitment our attorney was unavailable for the March planning board meeting. Testimony by our municipal accountant is scheduled to continue at the next planning board meeting on 4/7/16.

 

4/7/16 - Due to a full agenda, the Berkeley Township planning board could not provide time for us on the agenda. The SSPHVA did not appear.

 

5/5/16 - Ken Moore, our municipal accountant, completed his testimony. Testimony, evidence-marking and questioning of witnesses James Fulcomer, Elaine Viturello and Robert Nora completed. Our next appearance in front of the planning board is scheduled for 6/2/16.

 

6/2/16 - George Giovenco and Donald Whiteman concluded the SSPHVA's testimony and presentation of evidence to the Berkeley Township planning board. We are awaiting communication from the board on future proceedings. The next scheduled Berkeley Township planning board meeting is July 7, 2016.

 

7/7/16 - Due to reorganization, the Berkeley Township planning board could not provide time for us on the agenda. The SSPHVA will not appear. The next scheduled Berkeley Township planning board meeting is August 4, 2016.


8/4/16 - Due to vacation scheduling conflicts of Berkeley Township witnesses, the SSPHVA appearance was cancelled on 7/28/16. The next scheduled Berkeley Township planning board meeting is September 1, 2016.


9/1/16 - Chief DiMichele and 6 officers from the Berkeley Township Police Department began their testimony and presentation of exhibits. The next scheduled Berkeley Township planning board meeting is October 6, 2016.


10/6/16 - Chief DiMichele and 6 officers from the Berkeley Township Police Department continue their testimony and presentation of exhibits. The next scheduled Berkeley Township planning board meeting is November 3, 2016.


11/3/16 - Our attorney, Joseph Michelini, begins his questioning of Chief DiMichele.

 The next scheduled Berkeley Township planning board meeting is December 1, 2016.


12/1/16 - Our attorney, Joseph Michelini, continues his questioning of Chief DiMichele and Captain Santucci. The next scheduled Berkeley Township planning board meeting is January 5, 2017.


12/15/16 - Berkeley Township holds a public input session at Tri-Boro First Aid Station on how to improve land use and storm recovery on the barrier island.


1/5/17 - Our attorney, Joseph Michelini, continues his questioning of members from the Berkeley Township Police Department. The next scheduled Berkeley Township planning board meeting is February 2, 2017.


2/2/17 - Our attorney, Joseph Michelini, concluded his questioning of members from the Berkeley Township Police Department. The next scheduled Berkeley Township planning board meeting is March 2, 2017.


3/2/17 - Due to time sensitive matters, including FEMA Planning Grants and an addendum to the Berkeley Township Master Plan affecting South Seaside Park, Berkeley Township has cancelled the SSPHVA appearance. The next scheduled Berkeley Township planning board meeting is April 6, 2017.


4/6/17 - Members of the Berkeley Township EMS, Roads and Sanitation departments gave testimony and presented exhibits, our attorney,  Joseph Michelini, concluded questioning of these witnesses. The next scheduled Berkeley Township planning board meeting is May 4, 2017.


4/18/17 - Berkeley Township holds meeting at Tr-Boro First Aid to address concerns about the proposed zoning changes in the South Seaside Park Neighborhood Plan. Over 100 residents and homeowners attended, including the mayor and several council members from Seaside Park.


5/4/17 - Members of the Berkeley Township Recreation and Bay/Beach departments gave testimony and presented exhibits, our attorney,  Joseph Michelini, concluded questioning of these witnesses. The next scheduled Berkeley Township planning board meeting is June 1, 2017.


6/1/17 - The planning board resolved to recommend to the Berkeley Township council that the purposed zoning changes reflect "single family" usage limiting further development of South Seaside Park. The next council meeting is 6/26/17.

Mr. Peters of Remington, Vernick & Vena, a professional engineering firm, gave testimony on behalf of Berkeley Township. Our attorney will question Mr. Peters at a later date. The next scheduled Berkeley Township planning board meeting is July 6, 2017.


7/6/17 - Stan Slatcheka of T & M Associates (planners) gave testimony and submitted their report on behalf of Berkeley Township. His testimony is scheduled to continue at the next Berkeley Township planning board hearing on August 3, 2017.


8/3/17 - Stan Slatcheka of T & M Associates (planners) concluded his testimony on behalf of Berkeley Township.  Our attorney,  Joseph Michelini, is scheduled to question Mr. Slatcheka at the next Berkeley Township planning board hearing on September 7, 2017.


9/7/17 - Our attorney, Joseph Michelini, questioned Stan Slatcheka of T & M Associates, planners for Berkeley Township.


10/4/17 - The Berkeley Township Planning Board was unable to provide a quorum therefore the South Seaside Park matter was not heard.


11/2/17 - Our attorney, Joseph Michelini, questioned Stan Slatcheka of T & M Associates, planners for Berkeley Township.


12/7/17 - Fred Ebenau, Chief Financial Officer of Berkeley Township, presents his report and testimony.


1/3/18 - Our attorney, Joseph Michelini, was scheduled to finish his questioning of Stan Slatcheka of T & M Associates and provide additional testimony to the board. Due to a scheduling conflict, he was unable to attend. However, Fred Ebenau, CFO of Berkeley Township was available. It was previously agreed that our attorney would have time to review Mr. Ebenau's report and question him at the February 1, 2018 meeting. Postponement of questioning was requested by our attorney.


2/1/18 - Our attorney, Joseph Michelini and the planning board finished the questioning of Stan Slatcheka of T & M Associates. The next scheduled Berkeley Township planning board meeting is March 1, 2018, when our attorney is to question Fred Ebenau, CFO of Berkeley Township.


3/1/18 - Our attorney, Joseph Michelini, began his questioning of Fred Ebenau, CFO of Berkeley Township. The next scheduled Berkeley Township planning board meeting is April 5, 2018, our attorney will continue his questioning of Fred Ebenau.


4/5/18 - Our attorney, Joseph Michelini, concluded his questioning of Fred Ebenau, CFO of Berkeley Township. The next scheduled Berkeley Township planning board meeting is May 3, 2018.


5/3/18 - John Camera, Berkeley Township Administrator, presented his report and was questioned by our attorney, Joseph Michelini. The next scheduled Berkeley Township planning board meeting is June 7, 2018.


6/7/18 - Fred Ebenau, CFO of Berkeley Township, again provided testimony on his report and was questioned by our attorney, Joseph Michelini.  A letter from Laura Gingerelli, Berkeley Township School District Business Administrator/Secretary, to  John Camera, Berkeley Township Administrator, was entered into evidence. The next scheduled Berkeley Township planning board meeting is July 5, 2018.


7/5/18 - Fred Ebenau, CFO of Berkeley Township, again provided testimony on his revised report and was questioned by our attorney, Joseph Michelini. The next scheduled Berkeley Township planning board meeting is August 2, 2018.


8/2/18 - A discussion was held between our attorney, Joseph Michelini, and the planning board regarding the order of appearances for the remaining planning meetings. The next scheduled meeting on September 6, 2018 has been reserved for public comment.


9/6/18 - Members of the public presented comments and testimony regarding the de-annexation of South Seaside Park. The next scheduled Berkeley Township planning board meeting is October 4, 2018.


10/4/18 - Our Municipal Accountant, Ken Moore, gave rebuttal testimony to the report and testimony provided by Fred Ebenau, Chief Financial Officer of Berkeley Township. The next scheduled Berkeley Township planning board meeting is November 1, 2018.


11/1/18 - Due to a scheduling conflict, the SSPHVA could not make an appearance on this date. The next scheduled Berkeley Township planning board meeting is December 6, 2018.


12/6/18 - Due to personal matters, our Municipal Planner, Scott Bauman, is no longer available. Barbara Wooley-Davis, our new Municipal Planner, gave rebuttal testimony to reports and testimony by Fred Ebenau, Chief Financial Officer of Berkeley Township and Stan Slatcheka of T & M Associates, planners for Berkeley Township. The next scheduled Berkeley Township planning board meeting is January 17, 2019.


1/17/19 - Due to a full agenda and scheduling conflicts, the SSPHVA did not make an appearance on this date. The next scheduled Berkeley Township planning board meeting is February 7, 2019. 


2/7/19 - Barbara Wooley-Davis, our new Municipal Planner, was questioned by the planning board. The board advised that we would not be heard at the next scheduled meeting on March 7, 2019 due to a full agenda. We are expecting to appear at the April 4, 2019 meeting.


4/4/19 - Stuart Wiser of Remington Vernick, planners for Berkeley Township, was not prepared to begin his testimony. Our case was not heard. We are expecting to appear at the May 2, 2019 meeting.


5/2/19 - Although on the agenda and expecting to begin hearing the testimony of Stuart Wiser of Remington Vernick, planners for Berkeley Township, the planning board decided to not begin his testimony. The next scheduled Berkeley Township planning board meeting is June 6, 2019. 


6/6/19 - Although on the agenda, and expecting to begin hearing the testimony of Stuart Wiser of Remington Vernick, planners for Berkeley Township, the planning board once again was unable to hear us. Other matters on the agenda did not allow time for us. The next scheduled Berkeley Township planning board meeting is July 11, 2019. 


7/11/19 - Stuart Wiser of Remington Vernick, planners for Berkeley Township, submitted his report and began testimony. We did not have our full 2 hours of time due to a virus on Mr. Wiser's computer. The next scheduled Berkeley Township planning board meeting is August 1, 2019. 


8/1/19 - Stuart Wiser of Remington Vernick, planners for Berkeley Township, continued his testimony with approximately 1/4 of his report remaining to be addressed. The next scheduled Berkeley Township planning board meeting is September 5, 2019. 


9/5/19 - Stuart Wiser of Remington Vernick, planners for Berkeley Township, completed his testimony. 


10/3/19 - Our attorney, Joseph Michelini, began his questioning of Stuart Wiser of Remington Vernick, planners for Berkeley Township. The next scheduled Berkeley Township planning board meeting is November 7, 2019. 


11/2/19 - Berkeley Township has advised that our appearance will not be heard on November 7, 2019 due to a scheduling issue. They will hold a special meeting to finalize the questioning of Stuart Wiser on Monday, November 25, 2019


11/25/19 - Stuart Wiser of Remington Vernick, planners for Berkeley Township, concluded his testimony. The next scheduled Berkeley Township planning board meeting is December 5th, 2019. 


12/5/19 - Public discussion was held regarding which planning board members would vote on the de-annexation recommendation to the Berkeley Township council. The next scheduled Berkeley Township planning board meeting is January 9th, 2020. 


1/9/20 - The Berkeley Township planning board gave opinion and voted to not recommend de-annexation to the Berkeley Township council. The next scheduled Berkeley Township council meeting is January 27th, 2020. 


2/6/20 -  Passage of the Berkeley Township planning board resolution to NOT recommend de-annexation was on the agenda. However, the board delayed the action, citing insufficient time to review the January 9, 2020 planning board transcript. The next scheduled Berkeley Township planning board meeting is March 5, 2020. 


3/5/20 - SSPHVA was not on the planning board agenda - future planning board meetings cancelled through May 31, 2020.


6/4/20 - Planning board meeting CANCELLED. The next scheduled Berkeley Township planning board meeting is July 2, 2020. 


7/2/20 - Although the SSPHVA resolution was on the agenda, the planning board did NOT pass it. The next scheduled Berkeley Township planning board meeting is August 6, 2020. 


8/6/20 - The Berkeley Township planning board passed it's resolution to NOT allow de-annexation. Their recommendation is given to the Berkeley Township council.


9/21/20 - The Berkeley Township council passed it's resolution to NOT allow de-annexation. The resolution passed without being addressed during the public meeting.


11/10/20 - Our attorney, Joseph Michelini, filed our complaint against Berkeley Township's denial of de-annexation with the Ocean County Superior Court.


10/8/21 - Our attorney, Joseph Michelini, filed his brief with the Ocean County Superior Court. Berkeley Township's brief is due to be filed with the court on 1/7/22.


1/6/22 - Berkeley Township requests and receives an extension to file their brief that is due on 1/7/22. The due date is changed to 1/28/22. Time is also extended to our attorney, Joseph Michelini, for our reply to Berkeley Township's brief. The trial date conference on 2/7/22 is not affected by the extension.


1/28/22 - Berkeley Township's brief is received by the Court.


2/7/22 - The trial date conference was held as scheduled. Berkeley Township's attorney, Greg McGuckin, did not appear at the conference. The reason provided was computer  problems. The trial date conference is rescheduled for 2/14/22.


2/14/22 - The trial date conference was held. The trial is scheduled to be held on 3/21/22 at the Ocean County Courthouse.


2/28/22 - SSPHVA reply brief is submitted to the Court.


3/21/22 - The trial of SSPHVA vs Berkeley Township was held at the Ocean County Courthouse, Judge Marlene Lynch Ford presided. Our attorney, Joseph Michelini presented our case. The trial was set to continue on 3/31/22.


3/31/22 - Greg McGuckin, attorney for Berkeley Township presented his case. Our attorney, Joseph Michelini, presented his rebuttal and the matter was turned over to the judge. There is no date as to when Judge Lynch Ford will hand down her decision.


7/12/22 - Judge Marlene Lynch Ford issued her decision and court order in favor of the SSPHVA, allowing us to de-annex from Berkeley Township and make application to annex to Seaside Park. Berkeley Township has 45 days to appeal the order of final judgement.











 

De-annexation Update

SOUTH SEASIDE PARK

HOMEOWNERS & VOTERS ASSOCIATION