City of Asbury Park Council Mtg March 16, 2011
Welcome to Asbury Radio's Reporter's Notebook
Swan Boats Return to Wesley Lake
Asbury Park Considers Exceeding 2% Cap
Tentative Budget Prior to State Aid Requires 101% Tax Rise
Reidy Vows Transitional Aid Will Lower Need to Hike Taxes
But Cap Rise Above State Mandated 2% Still On Table
Attending:
Councilmembers Kevin Sanders, Sue Henderson, Deputy Mayor John Loffredo, Mayor Ed Johnson, – Councilmember James Bruno absent – Deputy Clerk Kiki Tomek for Clerk Steve Kay
Workshop –
Start
Don Sammet, Director of Redevelopment and Planning - \resolution 2011 menu items:
Confirming items you wanted and last min suggestion/ repair of ramp leads up to bdwk at 6th, construction of roll mats at each access for wheelchrs/ message boards, w/ come bk to. Jst com out of engineering install of railing at new ramp eastern side of boardwalk, estimates $10k to 15k$ between 6th and 7th, closer to Asbury Tower/
For record Madison marquette’s objections/ not quality as capital improvement/
Ej – what’s concern
DS – mobile sign is not a capital project/ cd be placed elsewhere not in WRA/ cd be used for traffic / think it’s realistice that if emerg elsewhere in city cd be moved for that.
Other item/ heads up for u at this pt/ cls to summer season, need redopt bdwk vending ord sunset on it/ needs to be app’d again/
Ej – how do we enforce this/ vending on the bdwlk/ we hv musicians, guitar cases set up/ blanket jewelry, we have (inaudible) don’t wnt to chase people away/
DS- req’d to get vending permit fr city clk or don’t belong out there/ imagine As Prtners has right to vending permits on bdwlk / imagine Partners play a strong role, they’ll probably go after anyone not allowed out there/
EJ – something about bkstage pass
DS – analogy to a fishing license/ when buy hv to provide own sleeve for display
Will bring up next mtg
Fred Raffetto – first item/ pedal boats on Wesley lake/ city sought RFPs, oper concession on lake/ not nec on competitive bidding basis, but contractor best suited, one bidder, AP pedal boats out of Toms River/ $600 a yr with future options to share revenue. 2 people ½ hr $18/ 3 persons $20, 4 persons $22/ staff 2 – 3 wkrs at all time size of boats 8' x 5'/ 6 to 8 boats, 3 person capacity/ letters of recommendation Linda Occhipintic and Joseph Gambarony, of Toms River, 732-684-2944 …principals of business/ mtg in Neptune already held/ they've made substantial capital outlay:
Avail mid to late may, boats run thru October
Council - Perhaps offer discounts for AP kids grps/ senior discount??
SH – lk forward to swans…
Kevin Sanders – senior citizen and chilren’s group discount amenable to?
Boat people – yes
James Famularo –
Championship …inaudible…state playoffs in basketball/ Dayton h.s. Springfield NJ / tonite we play Plfld HS in Toms River/ we see results on court, support we give…
FR – alcohol license fee increase He passes out info to council and CM Terry Reidy/ old code was outdated/ two types consumptiona dn distribution/ consumption $239/ Dis $739 – lst incrs 2008/ 250 is min/ 20% incrs wd be 448., wd go above $2500 cap. Dist can go up 358 more / cd go over $2k/ ??? Rapid fire speech…
EJ – do we need to take it…
FR – policy decision/
EJ – thnk shd be a rise but not go to max/ times are hard everyone struggling
FR – june deadline when they come due. Wd req to mtgs to pass ordinance
Gen’l mercantile license, construction dept req identification from mercantile / form not in accordance w/ code/ hardship to businesses/ shd throw out ord if you’re in agreement, for upgrade
Garrett Giberson – beach closing schedules / GG is passing them out to council and CM/
GG is retired head of DPW. He is now in chg of beach responsibilities. Beach clothing, closing schedule/ weather permitting…fee increases for beach badges, recommending $1, now $5, weekends wd be $6/ other communities are listed on handouts. We’re still w/in the low fees. Look at Allenhurst, Belmar, deal/ fees all over/ increase $5 to $20 and $65 to…inaudible
EJ – anything we can do for AP…raise wd be for non AP residents/ if wanted to hold at $65 for residents
FR – think there’s been problems in past where it’s been done/
GG – commenting…inaudible…
EJ – is winter sale over?
GG – Easter, actually first wk of May, something about 2nd Ave bdwlk…inaudible
New amenities, storage lockers, 9 units $2k, if rent $150 a wk/ $3500 profit…inaudible…can bring chr down…lock it/ respons for own lock…patterned on Belmar gets $75?
JL – where is town of Love Ladies?
TR – Ocean County, fiff parts of Long Beach Island sprinkled…
GG – something about a badge u can change for another badge? $1200…????...promote APk…specific code on it…can’t hear
EJ – hv we inquired other towns…inaudible
GG – inaudible…we hv super beach…
Tom Gilmour – commerce dir. Some exchanges with council inaudible
EJ - Special events fundraiser, relief effort for Japan who suffered terrible tragedy over past days and weeks, compares to our snow how we felt/ earthquake, tsumani and now meltdown threat/ fam and frinds Monmouth county/ help we can provide our friends and neighbors.
TG – Taka Rest spec march 27th event in planning stages, clos mattison bet bond and emory, erect tent, serve food noon to 6, lite fair, all money go toward relief effort, plus donations. Teamed up w/ red cross and w/ be others partnering/ he reads from taka statement, bamboo tree…ask everyone who comes fill out tags and put on tree/ trad’ly japan do same and send bk to us/ ask permission to cls st…app’l keep garage open/
EJ – express concerns w/ Taka other day, he shared that individuals in community first to reach out were from Haitian community/ members of our Haitian comm. still rebldgin suffering to reach outside themselves to our jap friends, allies and neighbors is jst tremendous.
Chief Kinmon – handicapped pkg space 1507 ? Street, at intersection Bangs and Dewitt
EJ – about 12 children from the Boys n Girls Club – he call sthem up to dais/ to introduce themselves / ej reads from proclamation: 25 B & G’s clubs in NJ/ March 20 – 26 Bys and Girls Club week in city of Asbury Park. Hope all citizens w/ join us in honoring and supporting our young people
Matters from Council
SH – soon sign on main st w/ say dog licensing, free rabies clinic at Fire house/ be remiss if didn’t congratulate Wesley lake comm. for dredging lake/ import roles by Neptune and AP, espec PWs, 50 yrs of silt, put in Neptune/ mosquito comm.. Vicki Thompson corrodianted, peter Avakian engineer/ tee lesinski, kerry butch, garrett giberson, James Henry…got done quickly/ lake much cleaner, and very happy swan boats w/ be on there now/ priviledged to attend ribbon cutting at Smithsonian event/ frank d’alessandro asked her to announce…ever since brian grant been in city hall and espec dpw we appreciate all he’s done pleasure to wk w/ pwks The full text from D'Alessandro:
March 14, 2011
Mr. Brian Grant, City Engineer
and Supervisor of the Dept. Of Public Works,
City of Asbury Park
Dear Mr. Grant:
On behalf of the trustees of the Asbury Park Public Library and Mr. Robert Stewart, our Library Director, I want to thank you sincerely for the excellent and expert help that you and your staff have provided to us in assisting us in preparing for the Smithsonian music exhibit. Your help with the access ramp and various other projects has been invaluable. Patty, our own “secret weapon” when it comes to maintaining our beautiful and historic 130 year old building, has let us know about the assistance you and your staff have provided. Patty has been tireless in her Herculean efforts over the years, and I know she as well as the Library Director and all of our staff members are grateful to you. Your support and that of the Mayor have been very gratifying to us in these difficult times. Thank you, again!
Frank D'Alessandro,
for the Trustees
EJ – open house in council chambers March 24 – 5 – 7 pmFair Housing
AP fishing club, james bruno’s efforts to help and showcase AP, more names to be recognized, more than 100 members of club volunteered their time/ $3000 to 4th of july parade, $200 pop warner/ $200 AP fire Dept for Jason Fazio ( there are other monetary awards not listed here) see Smithsonian event at AP Library/ Sunday evening event was great as well, mk sure you see it/ every vein of musicical grps/ remember to buy beach badges
FR – fr executive session – or auth city council enter into agreement with financial grp ABB …re Griffin Bldg, Griffin’s Financial Modification Agreement
PUBLIC PORTION –
3 MINS 1 TIME
Vernice McGriff –
Considering going above tax cap? I’ve a prob if we’re putting it on the bd of ed/
TR – explain that this yr for first time gov Christie new mech 1/ a 2% cap on al lmuni budgets/ if muni wnts to exceed hav to hold referendum vote up or down whether to exceed/ state said it wd be on same day as bd of ed/
VmcG – problem w/ that I wk the board/ we hv lowest turnout for bd of ed/ not representative of the tax paying public. Not saying don’t do it, but if do not on this voting day/
TR – if council decidees to do the only day we can is on that date/
Kerry turner – Madison Marquette / beach badges, spec the lockers/ how esthetics and placement w/ be done/ wnt put on record some concern, what lk like, people dining/ the view, etc/
TR – at least prelim design addressed that very issue/ no one wants something impede anyone’s views. Suggestion was wd be below that line
Mollar – professional magician – trying to talk to anyone to re. licensing to be done/ he’s a busker/
EJ – imagine jst like other performers
MM – I was told you’d never require permit to perform on bdwlk
Police gave me a ticket for panhandling/ I perform my show w/ hat and tip bucket/ do my whole show for kerry turner and she was very pleased/
EJ – why can’t this gentlman get an ans.
TR – this wd fall w/in city and Madison Marquette/ don sammet must have something on this/
EJ – pls lv name and phone number
TR – and if u cd mk the deficit go away
MM – I’m a magician not a miracle worker
Rita marano – 8th av
Terry asked you for number we spent on lawsuit, 6 attys.
TR – asked before and told there are two/
RM – I can name them, Fred, Shapeiro, Aaron…someone else.
TR – we don’t hv the bills in yet
FR – I can say I didn’t charge for my time. I was there to observe the proceedings but didn’t charge the city.
RM – wording for the ballot, how get ready
TR - Transitional aid applic to DCA today in Trenton, still some concerns in filling out, but language is provided by state for the referendum. So that’s std.
RM – Howell, Wall, Spring Lake, Bradley Beach not doing it and I think we shd follow our neighbors and not exceed the cap.
Todd Bergman – 4th Ave/ traffic lites on Kingsley Ave/ Jersey Shore Mission is a done deal/ forced on us/ wd like city to make arrangements for people after the 7 days are up for how they’re going to be treated/ can we require anyone who provides over night and ord to provide some kind of daytime program so they won’t be forced to be on the street during the day.
How can we allow anybody to be on the street w/ no access to water or sanitary services.
FR – we can only address future…not mission since already been thru app’l process, so can’t put those regs on them.
TB – broadly applied not spec to mission ordinance to my mind
FR – Given fact appr’l thru ZBA, nothing we can do to regulate them. I know nothing to internal operations. But to hv people out on street 11 hrs, no plc to get warm.
Werner Baumgartner – 402 5th Ave/ recent press status of redev statute prompted me to attend/ I’ve seen 6 councils come and go and ½ doz city mgrs, 4 redev plans come and gone and all failed/ seems to hav missed in process is supposed tolearn from experience/ I’ve attended meetings, acquired wealth of knowledge about what has and hasn’t wked; yet city hasn’t any interest in letting me share my knowledge of this City of historic theory, my engineering backgrd, so I stand before you again, somewhat humbled by the treatment I've been given in the past offer my servcs again to the council/[Baumgartner was the victim of an anonymous 911 call that there was a dead body in his basement. Police and fire officials responded and gained access to his house due to the call. Baumgartner ended up with numerous home maintenance code violations, which eventually ended up with court ordered incarcerations of weeks and over a month in another sentencing - all pertaining to the maintenance of his own home.] I don’t know anyone else who was certified by state to be this city's historian/ Here he listed other qualifications. He ended by explaining that his love for the City was the only reason that he's offering again his expertise.
Pedal boats - concerned about that strip of Wesley Lake gravel/ don’g see how can happen w/ out paving or sidewalk/
Placque Arthur Pryor – 3 x 4 foot bronze placque put there by the public and it’s vanished, wd like to see it retrieved and replaced there as part of Smithsonian event/
EJ – thank you next pls. [Asbury Radio interview Mayor Johnson later for his reactions to Baumgartner's offer. "It's something to seriously consider," said Johnson. "I'm certainly going to think about it. I was UEZ chair when we sent him on those seminars, making him an official representative to the conferences. And he sat on the UEZ facade committee," he added. "Will we reinstitute him as city historian? Probably not," said Johnson, who alluded to personality conflicts. "Alwas agree that Werner can have some very valuable information - sometimes it's on base, other times off base. To me it's always about the best ideas. If I can have that -- if we can that's even better." AR asked why he cut off Baumgartner without the customary follow through, for example please call or let's have a meeting that other offers of help elicit, to which Johnson said he considered himself very "even handed", especially compared to others' treatment of Baumgartner in previous years. ]
Jerry Scarano – Waterpark – wd like to keep place repaired, security cameras on property, when gone over there water was running 8 or 9 clock at night/ Wake of what happened in Japan need to make clr about evacuation routes.
I asked for a list of who is getting health benefits or compensation for not taking them. Pls explain the OPRA laws for us.
FR: Open Public Records Act - a gov't or Pub entity when req’d mst supply docs w/in 7 days/ with exceptions -- pension, personnel, atty client records, all set forth in state law/
JS – ok I put in a request/ can u tell me what I did wrong that I didn’t get the information...
EJ – hammering / atty w/ finish and then your time is up
FR – if you felt response by city wasn't approp for rquest you can appeal.../
EJ – your time is up if you’d like to stay after the mtg…
Myra Campbell – lst mtg questioned about construc on Westside/ also elderly lady fell yesterday on Springwood Ave/ ambulance took her to JSMC, what is procedure when someone is hurt in that area/ also seems to be a wk slow down or stoppage, in Dec city council mtg it was mentioned wk wd stop for awhile/ sometimes when go home to own countries sometimes spend 3 months. But like to know when constru w/ resume?
Also concerned about Japan / some of businesses suffered immensely by infras wk, but didn’t seem to be anyone coming to aid of busineses and churches. Bill Gray is on leave, we know has 2 jobs/ but is he getting paid sep from BB and when he was here was he spending time in BB that should be / If we had a clock for 3 mins, so everyone can see.
TR – there is a case B Gray’s personnel matter, is a case in BB, but not going to talk about it. Construction schedule to talk about it he calls man named Kay (?)/
Mr. Kay -Weather changed on us too cold to resume concrete wk, lst cpl days weather allowed, w/ start sidewks on dwitt in next few days/ storm drain on de witt bet mattison and bands/ after that sanitary sewer/ planned on paving this morning but rains came
TR – so are we on schedule to meet deadline
M. K – oh yes/ contractor is here, whenever able to get some wk done he did/
Lou Parisi – VFW Catholic war veterans to honor last WWI Frank Bugles/ VFW here trained WWI, WWII, and Korean war, plan to hav a museum there…and extend our mem’l park on 5th ave. Asbury Pk fishing club very generous gave post $200.They meet at our post once a month. Want to publicly acknowledge that gift.
Minutes –
Temporary budget -- emergency voucher to cover temporary appropriations of $20,297, 398 to run government until the final budget is struck.
Workers Comp – 2 cases $45,000 and $11,000
Raffles – approved
Social Affair – Ninos Sin Fronteras Fdn – all yes
Taka request – all yes
Synaxis moved to 4/6/11 – all app’d
Appts/Reapp Plng and Zone Bd and Housing Commission need members – More names from Waterfront Redev Committee - Ansel Fusco, Brian Teripka, State of NJ Tom Niff, AP Peter Siegel
Jim Henry won’t be able to serve on WRC, JL has appointed someone else. Unclear who.
Budget -- Hearing - April 20, 2011
TR – state has a lot of new aspects to grant applic process every state that presents app to DCA, for transitional aid/ all must present their budget w/out transitional aid and the budget if adopted in that form wd’ve caused 110% tax increase/ taxpayers pay $12.4million or 31% of budget/ trans aid is almost a match for that. Must introduce budget before state aid is calculated/ this budget wd require 101% increase in taxes/
All yes/
RM – How much is it?
EJ – Hammer
FR – ordinances – establish a cap bank// April 20th
2nd ordinance, authorize revised finan agreement ABB Asbury renewal Griffin Block 119, lots 1 and 2 – this is a pilot agreement to be hears April 6, in lieu of taxes bldg owner w/ pay a PILOT, which will be better for city, TR said.
Award the pedal boat bid – all yes
- The Voice of Asbury Park ~ matters vital to justice, environment, equality, culture and pursuit of happiness.
Showing posts with label Werner Baumgartner. Show all posts
Showing posts with label Werner Baumgartner. Show all posts
Thursday, March 17, 2011
Thursday, February 18, 2010
Historian is Freed Two Days Early
Scheduled to be released tomorrow, February 19th, Werner Baumgartner was released from the Monmouth County Correctional Institute yesterday afternoon.
Baumgartner, who was ordered to jail on January 22nd by Judge Mark Apostolou for failure to pay fines and fees amounting to over $19,000, and make repairs to his home according to a timeline set up by the court, told Asbury Radio he was called into the office at the jail and given a bus ticket.
He asked to express his gratitude for the support and consideration he has received while incarcerated. "I've got a lot to tend to," he said.
Baumgartner, who was ordered to jail on January 22nd by Judge Mark Apostolou for failure to pay fines and fees amounting to over $19,000, and make repairs to his home according to a timeline set up by the court, told Asbury Radio he was called into the office at the jail and given a bus ticket.
He asked to express his gratitude for the support and consideration he has received while incarcerated. "I've got a lot to tend to," he said.
Comment on Palace Amusements Demise
Dear Maureen:
Thank you for posting Kathryn Bevacqua's inventory of the 1888 Carousel House and the Palace Amusement's treasures that were destroyed through what is apparently neglect by the City of Asbury Park. For those of us who have been involved in trying to save all the treasures of the Asbury Park waterfront, this outcome could have been predicted as far back as 1994 when my husband and I first moved to Ocean Grove.
Our apartment on Ocean Avenue overlooked The Palace Amusements, the Casino with its lovely art nouveau Carousel House and Wesley Lake. Yes, they were all in pretty bad shape but they still possessed an astounding - if eerie - beauty. So beautiful, in fact, local artists continually painted and photographed the waterfront and "Tillie" and other examples of Asbury Americana. Those art works were (and continue to be) on display in antique stores and galleries and restaurants.Intrigued by Asbury Park and its connections to Ocean Grove, I joined the Citizens for Wesley Lake where I eventually became secretary of the organization and worked on the painting of the footbridges and raised money to place fountains in the center of the lake. Later on, I joined the Historical Society of Asbury Park.
It was through CWL that I first met Werner Baumgartner, who at the time, I believe, was Vice President of the organization and the modern founder of the HSAP. I was immediately impressed by his vast knowledge of Asbury's history and his brilliant articulation of the myriad problems facing the town and redevelopment. I would even go so far as to say that Werner is a visionary. And that, of course, is what disturbs and infuriates those who cannot see what he sees.
Now, I'm no visionary, and I don't know much about art, but I know what I like: those lost and fading treasures we thought were safely entombed within the Public Works office. I believe there is a lot of blame to spread around regarding this mess, including individuals such as myself who were way too slow to action.
Paradoxically, I was the first person on the scene at 6:00 am in 2004 when the demolition began on the Palace. I was alerted to this by an Ocean Grove pal who was rattled out of her bed by the sound of bulldozers. This was a startling development: the demolition was scheduled for 8:00 am. Why was the time changed? Was it to get the drop on activist-citizens who planned to rally at that exact hour while others sought a court injunction?
By the time I called Werner and others, the destruction was well underway and I was advised by police to move away from the scene. Such a sad morning and I strongly remember Werner's grief and frustration at the waste.
But it wasn't just the ordinary residents of the area who were to blame. Much of the fault lies with a truly supine media that ignored every indication of the wholesale destruction that was to come. By media I mean: The Asbury Park Press, the Coaster and the Tri-City News. The Asbury Park Press and the Coaster blindly supported the redevelopment plans while Tri-City waffled back and forth, finally settling on a countdown to the death of "Tillie" and a foolish editorial stance that suggested the world-famous Stone Pony be removed from its Ocean Avenue location and resettled in the downtown area. Luckily, that brain child never came to fruition.
Meanwhile, the APP reporters never failed to call concerned and intelligent tax payers who gathered at City Council meetings "gadflies", while the Coaster took up precious newspaper space to publish a photograph of Werner's (a private citizen, mind you) house after he received several code violations. What was the purpose of that except to embarrass the City Historian? I always thought that backfired since the photo showed a lovely Victorian house that fairly glowed with mellowed charm.
In the end, of course, the lion's share of blame must lie with the past and present City Councils who were so giddy at the prospect of redevelopment and tax ratables, they were deaf to all reasoned arguments that challenged the perceived wisdom of out-of-town developers, the felonious City Manager, Terrance Weldon, unlicensed city planners, builders and perhaps worst of all, the lawyers who followed in their wake.
As Addie says in Lillian Hellman's underappreciated play "The Little Foxes": "Well, there are people who eat the earth and eat all the people on it - then there are people who stand around and watch them eat it...sometimes I think it ain't right to stand and watch them do it."
You said it, sister.
Maire Martello
Thank you for posting Kathryn Bevacqua's inventory of the 1888 Carousel House and the Palace Amusement's treasures that were destroyed through what is apparently neglect by the City of Asbury Park. For those of us who have been involved in trying to save all the treasures of the Asbury Park waterfront, this outcome could have been predicted as far back as 1994 when my husband and I first moved to Ocean Grove.
Our apartment on Ocean Avenue overlooked The Palace Amusements, the Casino with its lovely art nouveau Carousel House and Wesley Lake. Yes, they were all in pretty bad shape but they still possessed an astounding - if eerie - beauty. So beautiful, in fact, local artists continually painted and photographed the waterfront and "Tillie" and other examples of Asbury Americana. Those art works were (and continue to be) on display in antique stores and galleries and restaurants.Intrigued by Asbury Park and its connections to Ocean Grove, I joined the Citizens for Wesley Lake where I eventually became secretary of the organization and worked on the painting of the footbridges and raised money to place fountains in the center of the lake. Later on, I joined the Historical Society of Asbury Park.
It was through CWL that I first met Werner Baumgartner, who at the time, I believe, was Vice President of the organization and the modern founder of the HSAP. I was immediately impressed by his vast knowledge of Asbury's history and his brilliant articulation of the myriad problems facing the town and redevelopment. I would even go so far as to say that Werner is a visionary. And that, of course, is what disturbs and infuriates those who cannot see what he sees.
Now, I'm no visionary, and I don't know much about art, but I know what I like: those lost and fading treasures we thought were safely entombed within the Public Works office. I believe there is a lot of blame to spread around regarding this mess, including individuals such as myself who were way too slow to action.
Paradoxically, I was the first person on the scene at 6:00 am in 2004 when the demolition began on the Palace. I was alerted to this by an Ocean Grove pal who was rattled out of her bed by the sound of bulldozers. This was a startling development: the demolition was scheduled for 8:00 am. Why was the time changed? Was it to get the drop on activist-citizens who planned to rally at that exact hour while others sought a court injunction?
By the time I called Werner and others, the destruction was well underway and I was advised by police to move away from the scene. Such a sad morning and I strongly remember Werner's grief and frustration at the waste.
But it wasn't just the ordinary residents of the area who were to blame. Much of the fault lies with a truly supine media that ignored every indication of the wholesale destruction that was to come. By media I mean: The Asbury Park Press, the Coaster and the Tri-City News. The Asbury Park Press and the Coaster blindly supported the redevelopment plans while Tri-City waffled back and forth, finally settling on a countdown to the death of "Tillie" and a foolish editorial stance that suggested the world-famous Stone Pony be removed from its Ocean Avenue location and resettled in the downtown area. Luckily, that brain child never came to fruition.
Meanwhile, the APP reporters never failed to call concerned and intelligent tax payers who gathered at City Council meetings "gadflies", while the Coaster took up precious newspaper space to publish a photograph of Werner's (a private citizen, mind you) house after he received several code violations. What was the purpose of that except to embarrass the City Historian? I always thought that backfired since the photo showed a lovely Victorian house that fairly glowed with mellowed charm.
In the end, of course, the lion's share of blame must lie with the past and present City Councils who were so giddy at the prospect of redevelopment and tax ratables, they were deaf to all reasoned arguments that challenged the perceived wisdom of out-of-town developers, the felonious City Manager, Terrance Weldon, unlicensed city planners, builders and perhaps worst of all, the lawyers who followed in their wake.
As Addie says in Lillian Hellman's underappreciated play "The Little Foxes": "Well, there are people who eat the earth and eat all the people on it - then there are people who stand around and watch them eat it...sometimes I think it ain't right to stand and watch them do it."
You said it, sister.
Maire Martello
Thursday, February 11, 2010
Comment from Frank D'Alessandro and Open Letter
The following comment is from Frank D'Alessandro, owner/director of the (Stephen) Crane House, a free museum on 4th Ave., open to performance artists, cinema lovers and the curious.
To the Editor,
It is no exaggeration to say that my friend, Werner Baumgartner, is unique in several ways. Not only is he the only person ever to be named Asbury Park's official Historian, I believe he is also the only person in the history of this city to be incarcerated three times (or once for that matter) for “code violations” to his own home, alleged violations which are a threat to no one other than perhaps himself. He is currently “housed” at the County Jail, or as it referred to in elite circles, the Monmouth County Correctional Institution. He is serving his third sentence, this one for twenty eight days. He sent the following letter to me and asked that I pass it along to anyone who would care to read it.
Frank D'Alessandro
“Open letter to all,
One thing about being in jail is the lack of access to outside information and events. I find myself being cut off and defenseless, although I know there are both supporters and detractors on the outside.
Certainly being jailed for building code violations in a city with glaring unfinished projects, demolished historic sites and general dysfunction is a unique situation, selective enforcement (punishment) at its finest.
To everyone interested in my case I ask that you consider the larger picture. Do not focus on what the city has done to me, but instead evaluate what the city has done regarding all the larger more obvious “code violation” sites around the city.
The concept of equal treatment seems to be lost on this city administration. Could it be that focusing on me is a means to divert attention from greater failings in city policy?
Perhaps it is time to hold the city accountable. I ask all those concerned about Asbury Park to ask why the city does not enforce its codes and regulations in a fair, equal, and sensible manner. Why, after ten years, is the city still suffering from an ill-advised Redevelopment Plan?
W. B.”
Comments:
Patricia A. Florio
Way to go, Frank.
Christian Adams commented on your note "Comment from Frank D'Alessandro and Open Letter":
"Thanks for keeping us updated. It is hard to comprehend this is really happening. In this decade, we have seen the Federal government deprive individuals of their basic rights, abuse the justice system for political purposes, and utilize the heinous practice of torture. Just when you think things are getting better, we see a local government taking political prisoners."
Mario DeStefano Perhaps our City Council should appoint an ombudsman. I wasn't sure if there was such a thing for cities and towns, so I checked: ombudsman "city council" - Google Search Definition(s): ombudsman in English - Google Dictionary http://bit.ly/bQ3fiN I've followed the NYT's ombudsman since the position there was... established a few years ago. A great tamping strategy for any organization, public or private, as long as the person is truly independent. Takes much of the emotion out of complaints, disputes, and grinding axes.
To the Editor,
It is no exaggeration to say that my friend, Werner Baumgartner, is unique in several ways. Not only is he the only person ever to be named Asbury Park's official Historian, I believe he is also the only person in the history of this city to be incarcerated three times (or once for that matter) for “code violations” to his own home, alleged violations which are a threat to no one other than perhaps himself. He is currently “housed” at the County Jail, or as it referred to in elite circles, the Monmouth County Correctional Institution. He is serving his third sentence, this one for twenty eight days. He sent the following letter to me and asked that I pass it along to anyone who would care to read it.
Frank D'Alessandro
“Open letter to all,
One thing about being in jail is the lack of access to outside information and events. I find myself being cut off and defenseless, although I know there are both supporters and detractors on the outside.
Certainly being jailed for building code violations in a city with glaring unfinished projects, demolished historic sites and general dysfunction is a unique situation, selective enforcement (punishment) at its finest.
To everyone interested in my case I ask that you consider the larger picture. Do not focus on what the city has done to me, but instead evaluate what the city has done regarding all the larger more obvious “code violation” sites around the city.
The concept of equal treatment seems to be lost on this city administration. Could it be that focusing on me is a means to divert attention from greater failings in city policy?
Perhaps it is time to hold the city accountable. I ask all those concerned about Asbury Park to ask why the city does not enforce its codes and regulations in a fair, equal, and sensible manner. Why, after ten years, is the city still suffering from an ill-advised Redevelopment Plan?
W. B.”
Comments:
Patricia A. Florio
Way to go, Frank.
Christian Adams commented on your note "Comment from Frank D'Alessandro and Open Letter":
"Thanks for keeping us updated. It is hard to comprehend this is really happening. In this decade, we have seen the Federal government deprive individuals of their basic rights, abuse the justice system for political purposes, and utilize the heinous practice of torture. Just when you think things are getting better, we see a local government taking political prisoners."
Mario DeStefano Perhaps our City Council should appoint an ombudsman. I wasn't sure if there was such a thing for cities and towns, so I checked: ombudsman "city council" - Google Search Definition(s): ombudsman in English - Google Dictionary http://bit.ly/bQ3fiN I've followed the NYT's ombudsman since the position there was... established a few years ago. A great tamping strategy for any organization, public or private, as long as the person is truly independent. Takes much of the emotion out of complaints, disputes, and grinding axes.
Wednesday, February 10, 2010
Residents Report City Purged Artifacts
On the Yahoo Asbury Park Group, a woman named Kathryn has listed artifacts recovered from the Palace Amusements, which were stored over the Public Works offices, she says have been destroyed. The space was cleaned out to make way for a wrestling or boxing gym.
From Asbury Radio to Kathryn -
Thank you so much for reporting this. How did you come by such a comprehensive list? I guess we shouldn't be surprised by anything like this. After all they keep jailing the city historian. By the way, someone referred to the Palace Amusements as being on the National Historic Register. According to Michael Calafati, the preservation architect who served on the city's Technical Review Committee (TRC), the Palace was not registered. The mistake is often made because the 1888 Carousel House was on the adjacent property. The bronze plaque was actually awarded to the Carousel and affixed to its wall. Despite impassioned protests by Calafati and city historian Werner Baumgartner, the Carousel was the first of that corner to be torn down as protestors sought an injunction.
Maureen Nevin
--- In AsburyPark@yahoogroups.com, Kathryn Bevacquawrote:>>
Don't know about anything from the Casino, but here's a detailed list of what was lost. Also a few things that remain.
The list of destroyed items includes the following:
* Plywood murals from the Orient Express ride, painted by Ralph Lopez Sr.
* Plywood Twister ride wall mural, painted by Ralph Lopez, Jr.
* Murals and other art work from the Fun House including the Sleeping Beauty scene
* Mechanically animated hands of the Fun House giant
* Upper body of the giant (paint on plywood)
* Illuminated section of Fun House facade
* 27 murals from inside the Haunted Castle dark ride
* Virtually mint sign from the Asbury Park Rock 'N' Roll Museum
* Heavy plastic from the rooftop "FUNHOUSE" sign letters
* Papier mache tree from inside the Haunted Castle
* Turret from the roof of the Fun House mirror maze
* Spinning floor disc from Fun House walkway
* Exhibit descriptions from the walls of the Rock 'N' Roll Museum
* Metal sign, "Asbury Park Business District"
* Atari 1980 "Tempest" video game circuit board, s/n 0113098
* Atari Audio/Regulator II video game power supply
* 3 Skee Ball pull lever dime coin mechanisms on mounting plates
* Small Cabbage Patch style doll
* Midway 1975 "Gun Fight" video game circuit board, control panel, & coin door
* Pepsi bottle from ring toss game
* 6 red light fixtures from Casino carousel house roof
* 3 Bacchus Games "Morgana" fortune teller marquee signs (some broken)
* 6 bricks from exterior wall of Ernest Schnitzler's apartment (original owner of the Palace), painted green
* Atari 1974 "Qwak!" video rifle game plexiglass
* Gottlieb 1952 "Chinatown" pinball backglass
* Gottlieb 1953 "Poker Face" pinball backglass
* Unknown pitch & bat type arcade game backglass
* Ticket payout chart from electromechanical ("Pop-A-Ball" style) poker redemption game
* Two decorative wooden cutouts from doors of Orient Express ride
* Raised plastic letters "H," "O," "U," and "S" from "Fun House" sign left side of the big slide.
* Metal channel letter "S" from the exterior neon sign> * Tunnel of Love ghost chain mechanism> * Yellow incandescent lamps and a section of scalloped façade which was mounted next to the carousel> * Score unit from unknown electromechanical rifle game, likely manufactured by Midway MFG Co. Neon tubes from exterior Tillie mural (Theater side of the Palace):
1. Hair - left side - completely intact tube
2. Hair - right side - top edge
3. Left eyebrow - portion of top edge
4. Connector wire between eyebrows
5. Right eyebrow - top edge
6. Right eyebrow - bottom edge
7. Right eye - inner circle
8. Right eye - outer circle
9. Right eye - oval border (portion)
10. Left ear and curve over smile
11. Nose - center 1/3
12. Nose - right 1/3
13. Smile - left corner
Misc. Parts:
1. Glass housings (4)
2. Threaded mounts for tubing (6)
3. Insulator from left (Beach side) Tillie's chin hole
The Asbury Park Historical Society said the following items survived: * Ticket box, locked, with many Palace ride tickets visible inside through slot> * Rifle & base from unknown electromechanical gun game> * Box containing two buckets full of carousel rings> * Three-panel interior sign
Also surviving is a portion of the entryway to the Haunted Castle dark ride. Removed to storage by Save Tillie at the request of the Historical Society, the artifact was reclaimed by Save Tillie several years ago shortly before the Historical Society planned to destroy it. It is currently preserved in the care of a Save Tillie member.
In case you can't see the comment on this blog, here it is again:
Wernerized has left a new comment on your post "Residents Report City Purged Artifacts": I can understand that the city might not have been able to care for all these objects, but couldn't they at least have donated them to a non-profit that would have, or even sell them for money to collectors - at least these items would still be in existence. Since the time the Mayfair theatre was taken down, this historical architecture and artifacts of this town have suffered due to its insensitive political leaders.
From Asbury Radio to Kathryn -
Thank you so much for reporting this. How did you come by such a comprehensive list? I guess we shouldn't be surprised by anything like this. After all they keep jailing the city historian. By the way, someone referred to the Palace Amusements as being on the National Historic Register. According to Michael Calafati, the preservation architect who served on the city's Technical Review Committee (TRC), the Palace was not registered. The mistake is often made because the 1888 Carousel House was on the adjacent property. The bronze plaque was actually awarded to the Carousel and affixed to its wall. Despite impassioned protests by Calafati and city historian Werner Baumgartner, the Carousel was the first of that corner to be torn down as protestors sought an injunction.
Maureen Nevin
--- In AsburyPark@yahoogroups.com, Kathryn Bevacqua
Don't know about anything from the Casino, but here's a detailed list of what was lost. Also a few things that remain.
The list of destroyed items includes the following:
* Plywood murals from the Orient Express ride, painted by Ralph Lopez Sr.
* Plywood Twister ride wall mural, painted by Ralph Lopez, Jr.
* Murals and other art work from the Fun House including the Sleeping Beauty scene
* Mechanically animated hands of the Fun House giant
* Upper body of the giant (paint on plywood)
* Illuminated section of Fun House facade
* 27 murals from inside the Haunted Castle dark ride
* Virtually mint sign from the Asbury Park Rock 'N' Roll Museum
* Heavy plastic from the rooftop "FUNHOUSE" sign letters
* Papier mache tree from inside the Haunted Castle
* Turret from the roof of the Fun House mirror maze
* Spinning floor disc from Fun House walkway
* Exhibit descriptions from the walls of the Rock 'N' Roll Museum
* Metal sign, "Asbury Park Business District"
* Atari 1980 "Tempest" video game circuit board, s/n 0113098
* Atari Audio/Regulator II video game power supply
* 3 Skee Ball pull lever dime coin mechanisms on mounting plates
* Small Cabbage Patch style doll
* Midway 1975 "Gun Fight" video game circuit board, control panel, & coin door
* Pepsi bottle from ring toss game
* 6 red light fixtures from Casino carousel house roof
* 3 Bacchus Games "Morgana" fortune teller marquee signs (some broken)
* 6 bricks from exterior wall of Ernest Schnitzler's apartment (original owner of the Palace), painted green
* Atari 1974 "Qwak!" video rifle game plexiglass
* Gottlieb 1952 "Chinatown" pinball backglass
* Gottlieb 1953 "Poker Face" pinball backglass
* Unknown pitch & bat type arcade game backglass
* Ticket payout chart from electromechanical ("Pop-A-Ball" style) poker redemption game
* Two decorative wooden cutouts from doors of Orient Express ride
* Raised plastic letters "H," "O," "U," and "S" from "Fun House" sign left side of the big slide.
* Metal channel letter "S" from the exterior neon sign> * Tunnel of Love ghost chain mechanism> * Yellow incandescent lamps and a section of scalloped façade which was mounted next to the carousel> * Score unit from unknown electromechanical rifle game, likely manufactured by Midway MFG Co. Neon tubes from exterior Tillie mural (Theater side of the Palace):
1. Hair - left side - completely intact tube
2. Hair - right side - top edge
3. Left eyebrow - portion of top edge
4. Connector wire between eyebrows
5. Right eyebrow - top edge
6. Right eyebrow - bottom edge
7. Right eye - inner circle
8. Right eye - outer circle
9. Right eye - oval border (portion)
10. Left ear and curve over smile
11. Nose - center 1/3
12. Nose - right 1/3
13. Smile - left corner
Misc. Parts:
1. Glass housings (4)
2. Threaded mounts for tubing (6)
3. Insulator from left (Beach side) Tillie's chin hole
The Asbury Park Historical Society said the following items survived: * Ticket box, locked, with many Palace ride tickets visible inside through slot> * Rifle & base from unknown electromechanical gun game> * Box containing two buckets full of carousel rings> * Three-panel interior sign
Also surviving is a portion of the entryway to the Haunted Castle dark ride. Removed to storage by Save Tillie at the request of the Historical Society, the artifact was reclaimed by Save Tillie several years ago shortly before the Historical Society planned to destroy it. It is currently preserved in the care of a Save Tillie member.
In case you can't see the comment on this blog, here it is again:
Wernerized has left a new comment on your post "Residents Report City Purged Artifacts": I can understand that the city might not have been able to care for all these objects, but couldn't they at least have donated them to a non-profit that would have, or even sell them for money to collectors - at least these items would still be in existence. Since the time the Mayfair theatre was taken down, this historical architecture and artifacts of this town have suffered due to its insensitive political leaders.
Holding Government Accountable - Following the Paper Trail of Code Violations in Asbury Park
The question of objectivity in the way that city code violations are determined in Asbury Park has been debated for some time now. Most recently, Asbury Park's new Mayor, Ed Johnson, was asked, "Is code enforcement being applied consistently throughout the city?" The questioner, The Coaster newspaper, wrote that the mayor "admits the answer is murky." (January 7, 2010)
Meanwhile this city's historian, Werner Baumgartner, remains behind bars in the county jail.
Some of Baumgartner's friends have expressed a desire to help him while he serves 28 days by order of the municipal court due to unpaid building code violations on his private residence.
For now the best way to help, and perhaps clarify the picture for Mayor Johnson, is to note the addresses of properties that you have seen in person or in photos that have obvious code violations and ask the code department to show you the violations written on those properties. You might also ask how much of the fine was actually paid rather than excused during or prior to court. If everyone follows up on just one property, this could be cleared up rather quickly. Also, the buildings don't have to be still standing to have a paper trail with the code department.
Please let us know how you make out.
Meanwhile this city's historian, Werner Baumgartner, remains behind bars in the county jail.
Some of Baumgartner's friends have expressed a desire to help him while he serves 28 days by order of the municipal court due to unpaid building code violations on his private residence.
For now the best way to help, and perhaps clarify the picture for Mayor Johnson, is to note the addresses of properties that you have seen in person or in photos that have obvious code violations and ask the code department to show you the violations written on those properties. You might also ask how much of the fine was actually paid rather than excused during or prior to court. If everyone follows up on just one property, this could be cleared up rather quickly. Also, the buildings don't have to be still standing to have a paper trail with the code department.
Please let us know how you make out.
Comments on "12 Days" Post
From Chas Donohue, Bradley Beach
I read Werner's 12 days of Jail, on your website (eye opener). It seems to me the same evil persons who also pulled the plug on your radio show.
Note: if you're not seeing your comments posted here, please send them directly to AsburyRadio@aol.com. If you've sent them anonymously, you will not see them posted on this site at all. We use our real names and post our real thoughts here. Writers who don't have the same courage are not welcome.
I read Werner's 12 days of Jail, on your website (eye opener). It seems to me the same evil persons who also pulled the plug on your radio show.
Note: if you're not seeing your comments posted here, please send them directly to AsburyRadio@aol.com. If you've sent them anonymously, you will not see them posted on this site at all. We use our real names and post our real thoughts here. Writers who don't have the same courage are not welcome.
Saturday, February 6, 2010
Jailed Historian Recounts 12 Days in Jail
photo: From Asbury Radio archives. Baumgartner is in foreground.From Werner Baumgartner via mail:
Day 12 – at the County Jail
Called down to visiting today, no idea who came, I was returned to my cell. The Jail went on “lock down” alert and I guess the visitors were sent home.
Day 12 – at the County Jail
Called down to visiting today, no idea who came, I was returned to my cell. The Jail went on “lock down” alert and I guess the visitors were sent home.
Received a letter yesterday with printouts of comments about my situation. Thank you to all who support me and understand the asinine injustice being perpetrated. To those who think I deserve this, I can only wish you end up here yourselves through some misfortune or miscarriage of justice.
It’s a cold, hard place of concrete and steel. Locked up most of the time like an animal at the zoo. Stripped naked while people watch upon entering, given a jump suit and a number. Two sheets, a blanket and a Zip-Lock bag of new possessions: a plastic cup, a spork, toothbrush with no handle, deodorant, body wash, comb and a plastic cup.
Living in a bathroom with a total stranger or two. That’s all this “cell” is – a bathroom with bunk beds instead of a bath tub. Designed for two with a solid steel door. When things get crowded they assign a third person to my “room”, who has to sleep on the floor next to the toilet. Lucky I was not the “third man” this time. I have the top bunk for now.
Not much to do but sleep, eat, walk around when allowed or watch TV. The great pastime here if one doesn’t play cards or board games. Pondering what evil allows me to be in here over house repairs. Lawyers, the “system”, small people with too much power?
Why are all the other “code violators” not in here with me?
Then included in a letter addressed to me were the following points Werner said I could report here:
I saw a man have a seizure, foaming at the mouth due to not getting his medication; A cellmate of mine came down with gout, also from not getting his meds; An inmate overdosed from meds he had hoarded and could not be woken up. Medical care here is abysmal. I have been in constant pain for five days; my hip joint is messed up from sleeping on a steel shelf with only a thin pad.
Sunday, January 31, 2010
Open Letter to Dan of Tri-City News
City in Conflict
Dear Dan (Jacobson, Ed./Publisher Tri-City News) -
I know you can appreciate what I'm about to say because you have studied and practiced law in this country.
So when I say that our government has a higher burden (of proof), that it must avoid not just conflicts but the appearance of conflicts, you'll recall that this is true. Evidence the decision to move the investigation and trial of Emergency Management Officer Harry Conover from the Monmouth County Prosecutor, for whom Conover worked, to the office of the Somerset County Prosecutor.
Now let’s apply that to the case of City Historian Werner Baumgartner, a resident of Asbury Park, who has never resigned or been officially removed from his post. City Historian is by definition an adversarial role, since the historian must take a long view, while elected officials are under pressure to take swift action lest the public lose confidence in their leadership. So the city and the historian are often at cross purposes.
Asbury Park’s 10 year-long oceanfront renewal presents a prime example. The City Fathers have been wedged between the desires of developers, who would rather level the place and rebuild than restore it, and the residents, who represent the city’s dire need to raise revenue through new developments and a growing impatience for renewal.
Remember the Carousel House, part of the corner that most people knew as the ‘historic’ Palace Amusements? Fast track developer Charles Kushner wanted the corner cleared, so potential buyers of Wesley Grove’s condos and townhouses would have a line of sight straight to the ocean.
As historian, it was Baumgartner's job to apprise the parties that, unlike the cinder block wall that bore Tillie’s likeness, the Carousel House dated from 1888, was the first exhibit space in this country (following the Crystal Palace in London), was the backdrop for Stephen Crane's stories, would draw tourists back to the revised waterfront and was the only reason the State had entered any of that block into the State Historic Register. The brass plaque was bolted to the Carousel House wall. The City's former Technical Review Committee architect, Michael Calafati, also pressed these points. In the end Kushner ruled. The buildings were leveled, the Carousel House first.
Today Kushner is a distant memory, having defaulted on his deal with development rights holder Asbury Partners, sold the parcels to Madison Marquette and gotten out of town.
Ironically, today Wesley Grove is populated by educated professionals many of whom would most certainly appreciate the value of the Carousel to a city once again eager to attract visitors.
So this is why the forefathers wanted official historians who would take a long view and owe allegiance to no one but the City that they’re charged to preserve for future generations. By making the position unpaid, they ensured that the government couldn’t hold the historian’s income over his head.
But how else can a city avoid even the appearance of trying to influence the historian? In the case of Baumgartner, whose delays in restoring his private residence have raised the attention of city code officials, it gets complicated. The code department chided Baumgartner for years to just make improvements and forget about restoration. Just get it done. Then a bogus 911 call that there was a dead body in his basement brought code into his home and added interior to the city’s list of exterior violations, which were climbing to $19,000. Code referred them to municipal court, where the judge is appointed by the city council.
A self-employed contractor, Baumgartner ran into trouble trying to get financing for the larger improvements. The judge, after giving Baumgartner several extensions, used his power of ‘Contempt of Court’ to send him to jail for an extended weekend. A few months later the judge sent him back for 28 days, which depleted his bank balance. The more lawyers’ fees Baumgartner had to pay and checks he had to write to the city, the less money he had for repairs. He entered a downward cycle.
Officials can’t recall sending another owner to jail for code violations, which aren’t criminal offenses, while landmark buildings throughout the city are allowed to fall to decay and crumble.
Clearly, the question of fairness can’t be determined and as such cannot be ignored. A jailed Baumgartner couldn’t appear as usual at council, zoning and planning board meetings. After his release he saw his participation as a possible threaten his freedom. As this current jail term loomed, he disappeared from the meetings altogether.
The issue of conflict, the question of whether Baumgartner was dealt with fairly or made an example, or worse yet retaliated against because of his past opinions, cannot be known. As you know Dan, that is what places it under the law that covers ‘appearance of conflict’. Unlike the Conover case, the inherent adversarial relationship between government and historian alone warrants moving this case beyond the city’s jurisdiction. As Baumgartner sits in Monmouth County Correctional yet again, the City Fathers must address the question of conflict and live with their conclusion.
Maureen Nevin
Asbury Park
Dear Dan (Jacobson, Ed./Publisher Tri-City News) -
I know you can appreciate what I'm about to say because you have studied and practiced law in this country.
So when I say that our government has a higher burden (of proof), that it must avoid not just conflicts but the appearance of conflicts, you'll recall that this is true. Evidence the decision to move the investigation and trial of Emergency Management Officer Harry Conover from the Monmouth County Prosecutor, for whom Conover worked, to the office of the Somerset County Prosecutor.
Now let’s apply that to the case of City Historian Werner Baumgartner, a resident of Asbury Park, who has never resigned or been officially removed from his post. City Historian is by definition an adversarial role, since the historian must take a long view, while elected officials are under pressure to take swift action lest the public lose confidence in their leadership. So the city and the historian are often at cross purposes.
Asbury Park’s 10 year-long oceanfront renewal presents a prime example. The City Fathers have been wedged between the desires of developers, who would rather level the place and rebuild than restore it, and the residents, who represent the city’s dire need to raise revenue through new developments and a growing impatience for renewal.
Remember the Carousel House, part of the corner that most people knew as the ‘historic’ Palace Amusements? Fast track developer Charles Kushner wanted the corner cleared, so potential buyers of Wesley Grove’s condos and townhouses would have a line of sight straight to the ocean.
As historian, it was Baumgartner's job to apprise the parties that, unlike the cinder block wall that bore Tillie’s likeness, the Carousel House dated from 1888, was the first exhibit space in this country (following the Crystal Palace in London), was the backdrop for Stephen Crane's stories, would draw tourists back to the revised waterfront and was the only reason the State had entered any of that block into the State Historic Register. The brass plaque was bolted to the Carousel House wall. The City's former Technical Review Committee architect, Michael Calafati, also pressed these points. In the end Kushner ruled. The buildings were leveled, the Carousel House first.
Today Kushner is a distant memory, having defaulted on his deal with development rights holder Asbury Partners, sold the parcels to Madison Marquette and gotten out of town.
Ironically, today Wesley Grove is populated by educated professionals many of whom would most certainly appreciate the value of the Carousel to a city once again eager to attract visitors.
So this is why the forefathers wanted official historians who would take a long view and owe allegiance to no one but the City that they’re charged to preserve for future generations. By making the position unpaid, they ensured that the government couldn’t hold the historian’s income over his head.
But how else can a city avoid even the appearance of trying to influence the historian? In the case of Baumgartner, whose delays in restoring his private residence have raised the attention of city code officials, it gets complicated. The code department chided Baumgartner for years to just make improvements and forget about restoration. Just get it done. Then a bogus 911 call that there was a dead body in his basement brought code into his home and added interior to the city’s list of exterior violations, which were climbing to $19,000. Code referred them to municipal court, where the judge is appointed by the city council.
A self-employed contractor, Baumgartner ran into trouble trying to get financing for the larger improvements. The judge, after giving Baumgartner several extensions, used his power of ‘Contempt of Court’ to send him to jail for an extended weekend. A few months later the judge sent him back for 28 days, which depleted his bank balance. The more lawyers’ fees Baumgartner had to pay and checks he had to write to the city, the less money he had for repairs. He entered a downward cycle.
Officials can’t recall sending another owner to jail for code violations, which aren’t criminal offenses, while landmark buildings throughout the city are allowed to fall to decay and crumble.
Clearly, the question of fairness can’t be determined and as such cannot be ignored. A jailed Baumgartner couldn’t appear as usual at council, zoning and planning board meetings. After his release he saw his participation as a possible threaten his freedom. As this current jail term loomed, he disappeared from the meetings altogether.
The issue of conflict, the question of whether Baumgartner was dealt with fairly or made an example, or worse yet retaliated against because of his past opinions, cannot be known. As you know Dan, that is what places it under the law that covers ‘appearance of conflict’. Unlike the Conover case, the inherent adversarial relationship between government and historian alone warrants moving this case beyond the city’s jurisdiction. As Baumgartner sits in Monmouth County Correctional yet again, the City Fathers must address the question of conflict and live with their conclusion.
Maureen Nevin
Asbury Park
Wednesday, January 27, 2010
Visiting Inmates at MCCI
From Maire Martello -
Today I visited Werner Baumgartner in jail.
For those who have not visited Monmouth County Correctional Facilities, it is a dismal scene as you round the curve of Court Street in Freehold and see several low-level buildings buried in chicken wire. The visitors’ parking lot is miniscule (why??) and I ended up parking in the employee section. Luckily, my car was not towed!
I arrived ab out 11:45 to find a long line of people snaked around the entrance to the parking lot of the jail. They were very helpful in explaining the procedure. I chatted for almost 40 minutes with a young woman whose Egyptian boyfriend had overstayed his visa.
It was VERY cold outside the jail and a sad scene with all the women with their babies lined up to talk to their husbands and boyfriends...
Although the visiting hours began at 12:15, we did not enter the building until at least 12:30. Once the line began to move, it went quickly.
I brought only my ID, notes, and keys - as well as a copy of "Food and Wine"! The officer remarked that he was only looking for knives and guns. Once inside the waiting area, an officer asked me who I wanted to see and assigned me a group visitor number. I was part of Group 3. I sat for about 30 minutes reading my magazine and chatting with other visitors while children ran around laughing and crying. [Fr. Maureen- On my visit, Sunday, a woman illustrated the glomming system by explaining how she has to pay more than $50 every time her son winds up in jail, so that he can have just the basics that he needs. He'll have to just do without if he does it again, she told me. Later, after her visit, I saw her crying.]
The jail is pretty decrepit with wide swaths of linoleum completely worn away and worn duct tape holding cracks together. As I sat there I thought, dear God, don't EVER let me be a guest here. There is a glass wall that allows the prisoners to look out at their loved ones and wave. I couldn’t see Werner.
Eventually, the officers called for Group 3 and I entered the visitors' area.
It seems to be a semi-circle of windows with numbers above and round metal apertures through which to talk and listen. (I advise anyone visiting to take - as I did - lots of handiwipes to swab down the window and opening). My only previous notion of jail came from "I Want to Live!" starring Susan Hayward, who always talked to her lawyer on a nice, pretty little Princess phone. So I was taken aback by the rudimentary speaking device. [ Fr. Maureen-it looked to me like a large shower head. To be heard your lips have to be nearly touching it; to hear, you have to crouch down and press your ear to it. There is also a narrow shelf where small children can sit in order to see the prisoner.]
All visitors are allowed 15 minutes to talk with friends and loved ones.
Werner seemed fine although, obviously, sad and very upset about his situation.
He showed me his jail ID, which had his name strangely misspelled. He also had a small pad of paper to make notes. We discussed various messages that I had carried from his friends, and he explained his rights of Due Process. Then he asked if more of his friends and associates will visit or talk by phone. If anyone reading this would like to take a collect call from him, please let me or Maureen know. [You can email us at AsburyRadio@aol.com]
The whole time I was there I kept remembering the Bible injunction to visit people in prison. I am the least religious person I know but for some reason those words kept running through my mind. Please visit him! Maybe it will knock one or two years off of Purgatory.
After the 15 minutes were up, we bade each other goodbye. But as I walked back into the waiting room I turned to wave a final goodbye through the glass wall.
He did not look back.
I challenge anyone visiting a pal in jail not to leave in tears.
Maire Martello
former co-host of Asbury Radio on 88.1 FM, WYGG
Friend of Werner Baumgartner
Today I visited Werner Baumgartner in jail.
For those who have not visited Monmouth County Correctional Facilities, it is a dismal scene as you round the curve of Court Street in Freehold and see several low-level buildings buried in chicken wire. The visitors’ parking lot is miniscule (why??) and I ended up parking in the employee section. Luckily, my car was not towed!
I arrived ab out 11:45 to find a long line of people snaked around the entrance to the parking lot of the jail. They were very helpful in explaining the procedure. I chatted for almost 40 minutes with a young woman whose Egyptian boyfriend had overstayed his visa.
It was VERY cold outside the jail and a sad scene with all the women with their babies lined up to talk to their husbands and boyfriends...
Although the visiting hours began at 12:15, we did not enter the building until at least 12:30. Once the line began to move, it went quickly.
I brought only my ID, notes, and keys - as well as a copy of "Food and Wine"! The officer remarked that he was only looking for knives and guns. Once inside the waiting area, an officer asked me who I wanted to see and assigned me a group visitor number. I was part of Group 3. I sat for about 30 minutes reading my magazine and chatting with other visitors while children ran around laughing and crying. [Fr. Maureen- On my visit, Sunday, a woman illustrated the glomming system by explaining how she has to pay more than $50 every time her son winds up in jail, so that he can have just the basics that he needs. He'll have to just do without if he does it again, she told me. Later, after her visit, I saw her crying.]
The jail is pretty decrepit with wide swaths of linoleum completely worn away and worn duct tape holding cracks together. As I sat there I thought, dear God, don't EVER let me be a guest here. There is a glass wall that allows the prisoners to look out at their loved ones and wave. I couldn’t see Werner.
Eventually, the officers called for Group 3 and I entered the visitors' area.
It seems to be a semi-circle of windows with numbers above and round metal apertures through which to talk and listen. (I advise anyone visiting to take - as I did - lots of handiwipes to swab down the window and opening). My only previous notion of jail came from "I Want to Live!" starring Susan Hayward, who always talked to her lawyer on a nice, pretty little Princess phone. So I was taken aback by the rudimentary speaking device. [ Fr. Maureen-it looked to me like a large shower head. To be heard your lips have to be nearly touching it; to hear, you have to crouch down and press your ear to it. There is also a narrow shelf where small children can sit in order to see the prisoner.]
All visitors are allowed 15 minutes to talk with friends and loved ones.
Werner seemed fine although, obviously, sad and very upset about his situation.
He showed me his jail ID, which had his name strangely misspelled. He also had a small pad of paper to make notes. We discussed various messages that I had carried from his friends, and he explained his rights of Due Process. Then he asked if more of his friends and associates will visit or talk by phone. If anyone reading this would like to take a collect call from him, please let me or Maureen know. [You can email us at AsburyRadio@aol.com]
The whole time I was there I kept remembering the Bible injunction to visit people in prison. I am the least religious person I know but for some reason those words kept running through my mind. Please visit him! Maybe it will knock one or two years off of Purgatory.
After the 15 minutes were up, we bade each other goodbye. But as I walked back into the waiting room I turned to wave a final goodbye through the glass wall.
He did not look back.
I challenge anyone visiting a pal in jail not to leave in tears.
Maire Martello
former co-host of Asbury Radio on 88.1 FM, WYGG
Friend of Werner Baumgartner
Monmouth Correctional Institute Visiting Hours
From Maire Martello:
Visiting Hours at Monmouth Correctional Institute
a nice alterative to the blood-thirsty remarks of those crappy people who are
busily posting. There's a new one from your friend "Mr. Roberts." Not exactly
Henry Fonda!
Starting times for visiting hours (concluding hours not included on the
Sheriff's office sheet!!! This is beginning to feel like "Up the Down
Staircase"):
Wednesday - 12:15pm, males, A-L (Last names starting with)
Thursday - 3:30pm, males, A - L
Saturday - 8:15am, males, A - L
Sunday - 10:30am, A - L
Visiting Hours at Monmouth Correctional Institute
a nice alterative to the blood-thirsty remarks of those crappy people who are
busily posting. There's a new one from your friend "Mr. Roberts." Not exactly
Henry Fonda!
Starting times for visiting hours (concluding hours not included on the
Sheriff's office sheet!!! This is beginning to feel like "Up the Down
Staircase"):
Wednesday - 12:15pm, males, A-L (Last names starting with)
Thursday - 3:30pm, males, A - L
Saturday - 8:15am, males, A - L
Sunday - 10:30am, A - L
Historian's House - Threat to Community
This is AP Historian Werner Baumgartner's home on 5th Avenue, in Asbury Park, where it sits opposite Sunset Lake. As such it's a highly desirable property. This is the property that is supposed to be such a disgrace to the community that the owner should spend 28 days in jail. Or is that the real reason Baumgartner is sitting in Monmouth County Correctional tonight?Editorial
Tuesday, January 26, 2010
Reader Comments on Jailed Historian
Note: Some people are having trouble navigating Google's comment menu. It's not the greatest. If you want to email AsburyRadio@aol.com your comment, I'll post it myself. Same rules apply, if you want to withhold your true identity so that you can hit and run like a coward, your comments won't appear here. If you're afraid of recriminations - what is locally known as getting "Wernerized", then tell me and that label will appear instead of your name. However, I expect the writer to provide his or her identity to this blogger.
Comment:
Maureen: it looks like you took down the obscene messages you've been getting in your defense of Werner. Please put them back up and let the residents of Asbury Park know the kind of "anonymous" people who would like to see Werner buried alive in the penal system because he dared to speak out about the lousy redevelopment plans of the city. Pathetic. It also turns out that some of the anonymous writers are also so incredibly thin-skinned that if Werner dared to mention something negative about their precious home remodeling plans, their only way of redress is to throw him in jail. Disgusting.
To all right-thinking people: please help Werner Baumgartner. Remember, you could be next.
Maire Martello
Comment:
Joan Schnorbus has left a new comment on your post "OUTRAGE!!!":
Outrage is right! In a city riddled with decaying structures, it would be interesting to learn how many Asbury Park property owners are now, or have been, incarcerated for property code violations. My guess is there wouldn’t be enough jail cells in the entire state to accommodate them.Jailing someone for code violations, which prevents him from working to address the issues and the fines the code violations engender, is tantamount to debtors’ prison, which history has proven to be impractical and which has been frowned upon throughout U.S. history. So, what is the ploy here? To keep Werner from working to get his house up to code or even to be able to maintain it, and then seize it? To drive him out of town (don’t forget the tar and feathers!), and bestow some cheaply-obtained prime real estate on someone more friendly to the city? It appears that Werner has become Asbury Park’s own political prisoner because of the attention he has brought to neglected historical landmarks and his robust dissention with city practices pursued in the name of redevelopment. And it also appears that a voice like his is sorely needed when the Elks/Charms building, named to Preservation NJ’s 2009 10 Most Endangered Historic Sites in NJ, is quietly torn down over the Christmas holidays -- a time when the attention of the populace is usually focused elsewhere (and apparently so was the APP’s). The Charms building demolition was another move prompted by a city inspection.As long as Werner Baumgartner is persecuted/incarcerated by the city’s actions, I will refrain from doing any business within Asbury Park. It’s not the only game in Monmouth County.
Joan Schnorbus
Comment:
My response to what is happening to Werner Baumgartner is total and complete outrage. I attended many of Werner's historical lectures about Asbury Park. This is a man whose heartfelt concerns for the preservation of the history and historical buildings in Asbury Park shows his love for our beloved city even though he is also an outspoken critic of the way our short-sighted and misguided electorate has made decisions. Is this not part of our constitution, the right to protest? Is he to be marginalized, sent to jail and punished because he was unable to "paydown a veritable mountain of alleged code violations",that contributed to his financial ruin, and accused of "contempt of court", a misnomer. It is appalling that our electorate continues to lead the way in environmental and social injustices by their inability to make good, postive choices for our city. A city is only as good as its community, and we have a great community, including Werner, who want to make it a thriving, sustainable, and economically healthy city. It is only hindered by a unenlightened electorate.
Joyce Grant, Community and Environmental Activist
Asbury Park
Comment:
P. Schnorbus has left a new comment on your post "OUTRAGE!!!":
Werner Baumgartner cares deeply about Asbury Park, which was a summer destination for our family when we were children 40-50 years ago. It wasn't a scary place but an inviting one for families. It isn't one that I would recommend to families nowadays because what is there really to do, and how safe is it after dark? Werner may get visibly exasperated because he sees the jewels and the history of the city going by the wayside.
It appears that because Werner takes an avid interest in his UNPAID job that he has been thrown into the slammer! If Werner has repairs to make on his house, please allow him to do so. This will not get accomplished if he is in jail.
The bottom line is this: Werner's incarceration doesn't reflect well on how city officials operate. There are more important things to take care of and to implement to make the city a better place -- a great place -- akin to the one that I remember from years gone by.
Comment:
Comment:
Maureen: it looks like you took down the obscene messages you've been getting in your defense of Werner. Please put them back up and let the residents of Asbury Park know the kind of "anonymous" people who would like to see Werner buried alive in the penal system because he dared to speak out about the lousy redevelopment plans of the city. Pathetic. It also turns out that some of the anonymous writers are also so incredibly thin-skinned that if Werner dared to mention something negative about their precious home remodeling plans, their only way of redress is to throw him in jail. Disgusting.
To all right-thinking people: please help Werner Baumgartner. Remember, you could be next.
Maire Martello
Comment:
Joan Schnorbus has left a new comment on your post "OUTRAGE!!!":
Outrage is right! In a city riddled with decaying structures, it would be interesting to learn how many Asbury Park property owners are now, or have been, incarcerated for property code violations. My guess is there wouldn’t be enough jail cells in the entire state to accommodate them.Jailing someone for code violations, which prevents him from working to address the issues and the fines the code violations engender, is tantamount to debtors’ prison, which history has proven to be impractical and which has been frowned upon throughout U.S. history. So, what is the ploy here? To keep Werner from working to get his house up to code or even to be able to maintain it, and then seize it? To drive him out of town (don’t forget the tar and feathers!), and bestow some cheaply-obtained prime real estate on someone more friendly to the city? It appears that Werner has become Asbury Park’s own political prisoner because of the attention he has brought to neglected historical landmarks and his robust dissention with city practices pursued in the name of redevelopment. And it also appears that a voice like his is sorely needed when the Elks/Charms building, named to Preservation NJ’s 2009 10 Most Endangered Historic Sites in NJ, is quietly torn down over the Christmas holidays -- a time when the attention of the populace is usually focused elsewhere (and apparently so was the APP’s). The Charms building demolition was another move prompted by a city inspection.As long as Werner Baumgartner is persecuted/incarcerated by the city’s actions, I will refrain from doing any business within Asbury Park. It’s not the only game in Monmouth County.
Joan Schnorbus
Comment:
My response to what is happening to Werner Baumgartner is total and complete outrage. I attended many of Werner's historical lectures about Asbury Park. This is a man whose heartfelt concerns for the preservation of the history and historical buildings in Asbury Park shows his love for our beloved city even though he is also an outspoken critic of the way our short-sighted and misguided electorate has made decisions. Is this not part of our constitution, the right to protest? Is he to be marginalized, sent to jail and punished because he was unable to "paydown a veritable mountain of alleged code violations",that contributed to his financial ruin, and accused of "contempt of court", a misnomer. It is appalling that our electorate continues to lead the way in environmental and social injustices by their inability to make good, postive choices for our city. A city is only as good as its community, and we have a great community, including Werner, who want to make it a thriving, sustainable, and economically healthy city. It is only hindered by a unenlightened electorate.
Joyce Grant, Community and Environmental Activist
Asbury Park
Comment:
P. Schnorbus has left a new comment on your post "OUTRAGE!!!":
Werner Baumgartner cares deeply about Asbury Park, which was a summer destination for our family when we were children 40-50 years ago. It wasn't a scary place but an inviting one for families. It isn't one that I would recommend to families nowadays because what is there really to do, and how safe is it after dark? Werner may get visibly exasperated because he sees the jewels and the history of the city going by the wayside.
It appears that because Werner takes an avid interest in his UNPAID job that he has been thrown into the slammer! If Werner has repairs to make on his house, please allow him to do so. This will not get accomplished if he is in jail.
The bottom line is this: Werner's incarceration doesn't reflect well on how city officials operate. There are more important things to take care of and to implement to make the city a better place -- a great place -- akin to the one that I remember from years gone by.
Comment:
Monday, January 25, 2010
NY Times: Historian is Not Alone in His Victimization
Is silencing critics becoming a new core skill for municipal governments, including NYC? Judging by yesterday’s NYT’s (Jim Dwyer’s Column “About NY” on the Metro front page, 1/24/10) it is, and at quite the cost to taxpayers. $200,000 awarded one victim.
Did You Work Today to Silence Werner Baumgartner?
Asbury Radio Editorial
Why does Asbury Park persist in jailing its own historian – its most outspoken critic – for not fixing; paving, scraping, and painting his own home? Is it the only municipality with code violation enforcement issues? Some towns simply apply the fines to the owner’s taxes. There are no circus-like court hearings with their inherent overhead for court officers and no subsequent drain on the county penal system. Did you work today to keep Werner Baumgartner in jail for another 28 days?
When asked on the eve of Baumgartner’s latest order to jail last Friday, Mayor Ed Johnson told this resident he couldn’t recall another case of any property owner going to jail for zoning violations. That’s actually saying quite a lot for a city where its decaying once-glorious landmarks have become as renowned as its ties to Bruce Springsteen. Tourists write bemoaning the loss of such gems to neglect. The latest victim is the “Charms” AKA “Elks Building.”
“Maybe he will be the precedent,” mused Johnson. Perhaps he already is. Asbury Park has a long history of punishing those who disagree, either through the loss of a job or business, social isolation or character assassination. With Baumgartner’s third trip to jail we can certainly add the effectiveness of incarceration. The first time, the Op-Ed page of the local paper was ablaze with emails. This time even backers of the city want anonymity. If we consulted an historian he or she might cite the similarity here with past totalitarian regimes. I doubt anyone raised the issue of conflict of interest then either. To quote Thomas Jefferson, “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
If the City’s intention isn’t to send a chill through its populace, it could refer the matter to a jurisdiction beyond its authority. There is legal precedent for that. Of course, that authority might reject the frivolous use of its resources.
Maureen Nevin is a resident of Asbury Park.
PS - Let's not forget the still unsolved 911 call that allowed officials to enter Baumgartner's home. What was the issue? Oh, yes, a dead body in his basement. That can't happen to you, or could it?
Did You Work Today to Silence Werner Baumgartner?
Asbury Radio Editorial
Why does Asbury Park persist in jailing its own historian – its most outspoken critic – for not fixing; paving, scraping, and painting his own home? Is it the only municipality with code violation enforcement issues? Some towns simply apply the fines to the owner’s taxes. There are no circus-like court hearings with their inherent overhead for court officers and no subsequent drain on the county penal system. Did you work today to keep Werner Baumgartner in jail for another 28 days?
When asked on the eve of Baumgartner’s latest order to jail last Friday, Mayor Ed Johnson told this resident he couldn’t recall another case of any property owner going to jail for zoning violations. That’s actually saying quite a lot for a city where its decaying once-glorious landmarks have become as renowned as its ties to Bruce Springsteen. Tourists write bemoaning the loss of such gems to neglect. The latest victim is the “Charms” AKA “Elks Building.”
“Maybe he will be the precedent,” mused Johnson. Perhaps he already is. Asbury Park has a long history of punishing those who disagree, either through the loss of a job or business, social isolation or character assassination. With Baumgartner’s third trip to jail we can certainly add the effectiveness of incarceration. The first time, the Op-Ed page of the local paper was ablaze with emails. This time even backers of the city want anonymity. If we consulted an historian he or she might cite the similarity here with past totalitarian regimes. I doubt anyone raised the issue of conflict of interest then either. To quote Thomas Jefferson, “All tyranny needs to gain a foothold is for people of good conscience to remain silent.”
If the City’s intention isn’t to send a chill through its populace, it could refer the matter to a jurisdiction beyond its authority. There is legal precedent for that. Of course, that authority might reject the frivolous use of its resources.
Maureen Nevin is a resident of Asbury Park.
PS - Let's not forget the still unsolved 911 call that allowed officials to enter Baumgartner's home. What was the issue? Oh, yes, a dead body in his basement. That can't happen to you, or could it?
Saturday, January 23, 2010
Comments on this Site
We welcome your opinions.
Writers wishing to post comments must have the courage of their convictions, however. As we wrote earlier, people fearing repercussions can sign "Wernerized." Otherwise postings from anyone without the personal conviction to include their own name are not worth the attention of our readers.
Writers wishing to post comments must have the courage of their convictions, however. As we wrote earlier, people fearing repercussions can sign "Wernerized." Otherwise postings from anyone without the personal conviction to include their own name are not worth the attention of our readers.
Friday, January 22, 2010
OUTRAGE!!!
Opinion --
Asbury Park is Now Officially A Banana Republic
Asbury Radio considers it an outrage that this city has AGAIN sent its only officially designated historian off to jail for 28 Days on trumped up charges in an action that rivals the worst tactics of a lawless third world country.
We have repeatedly asked the city leadership, as recently as last night, for an answer to this question: What other resident of Asbury Park has been sent off to jail for failure to correct building code violations on his own home? The government didn't even do that to the owner of the Metropolitan Hotel whose decrepit state threatened the safety of everyone who passed by for years and years!!! The Metro Homes building site, between Kingsley and Ocean, is a minefield of violations, a gaping oozing sore abandoned by the developer, who graces the pages of the local newspapers every year or so with promises to restart the project soon. But the city insists it doesn't know the answer our question.
The official charge is "contempt of court," triggered by the historian's failure to pay down a veritable mountain of alleged code violations that include peeling paint on his house and grass deemed too tall on property that he doesn't even own. The charge is "contempt of court", because no one in his right mind would send someone to jail for not mowing his lawn! So the court had to resort to the one size fits all "contempt of court", normally reserved for people who don't show up for court or give the judge some guff.
The case would be thrown out by a higher court. Is the City afraid to test it? Move this case out of this jurisdiction!
This City and its court have made a mockery of the law by failing to acknowledge the glaringly obvious conflict of interest between it and the city historian who nearly everyone knows is an outspoken critic of this town, a role respected and tolerated by every civil municipality similarly situated.
The State of NJ includes in its definition of the position of "official historian" the fact that the position must be unpaid. Why unpaid? Because the wise forefathers realized town fathers may resent the slowing hand of the historian, whose thankless mission to weigh progress against preservation may require curbing enthusiasm at times, and rebel by holding his salary over his head. Even they would probably be shocked to know this city is holding this man's personal liberty over his head!
We are not chastened by excuses that the electorate cannot intervene in the actions of the judiciary. The electorate appoints the judiciary in this town! Can you intervene more than that?
Werner Baumgartner can be a colossal pain in the behind, no one knows this more than we do. And he knows it himself. And most historians worth their salt are!!! However, this city's so-called justice has committed what amounts to acts of cruel and unusual punishment, which have driven our historian into financial ruin and threaten the his sanity, as they would any one of us. The normal, routine recourse in cases of violations is to attach the property with the fines, not imprison the property's owner.
Is this a side show, a carnival town or is this a respectable community with compassion and judgment? If we can't answer that, who is going to want to have any dealings with us?
Free this man now!!
email MayorJohnson@verizon.net or AsburyRadio@aol.com
Asbury Park is Now Officially A Banana Republic
Asbury Radio considers it an outrage that this city has AGAIN sent its only officially designated historian off to jail for 28 Days on trumped up charges in an action that rivals the worst tactics of a lawless third world country.
We have repeatedly asked the city leadership, as recently as last night, for an answer to this question: What other resident of Asbury Park has been sent off to jail for failure to correct building code violations on his own home? The government didn't even do that to the owner of the Metropolitan Hotel whose decrepit state threatened the safety of everyone who passed by for years and years!!! The Metro Homes building site, between Kingsley and Ocean, is a minefield of violations, a gaping oozing sore abandoned by the developer, who graces the pages of the local newspapers every year or so with promises to restart the project soon. But the city insists it doesn't know the answer our question.
The official charge is "contempt of court," triggered by the historian's failure to pay down a veritable mountain of alleged code violations that include peeling paint on his house and grass deemed too tall on property that he doesn't even own. The charge is "contempt of court", because no one in his right mind would send someone to jail for not mowing his lawn! So the court had to resort to the one size fits all "contempt of court", normally reserved for people who don't show up for court or give the judge some guff.
The case would be thrown out by a higher court. Is the City afraid to test it? Move this case out of this jurisdiction!
This City and its court have made a mockery of the law by failing to acknowledge the glaringly obvious conflict of interest between it and the city historian who nearly everyone knows is an outspoken critic of this town, a role respected and tolerated by every civil municipality similarly situated.
The State of NJ includes in its definition of the position of "official historian" the fact that the position must be unpaid. Why unpaid? Because the wise forefathers realized town fathers may resent the slowing hand of the historian, whose thankless mission to weigh progress against preservation may require curbing enthusiasm at times, and rebel by holding his salary over his head. Even they would probably be shocked to know this city is holding this man's personal liberty over his head!
We are not chastened by excuses that the electorate cannot intervene in the actions of the judiciary. The electorate appoints the judiciary in this town! Can you intervene more than that?
Werner Baumgartner can be a colossal pain in the behind, no one knows this more than we do. And he knows it himself. And most historians worth their salt are!!! However, this city's so-called justice has committed what amounts to acts of cruel and unusual punishment, which have driven our historian into financial ruin and threaten the his sanity, as they would any one of us. The normal, routine recourse in cases of violations is to attach the property with the fines, not imprison the property's owner.
Is this a side show, a carnival town or is this a respectable community with compassion and judgment? If we can't answer that, who is going to want to have any dealings with us?
Free this man now!!
email MayorJohnson@verizon.net or AsburyRadio@aol.com
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