Pine Barrens Tribune August 17, 2024-August 23, 2024

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SECOND REBUKE

TABERNACLE—While Tabernacle Town Hall “has several structural issues that must be addressed to ensure

its stability,” Melanie Rodbart, an engineer with J&M Preservation Studio (an independent engineering firm asked to evaluate the structure by order of Superior Court Judge Richard L Hertzberg

following litigation challenging a previous township premise the building is in imminent danger of collapse), has opined “it is our professional opinion that the See REBUKE/ Page 4

SHAMONG—Having roosters on private property is legally permitted in Shamong Township, officials acknowledge, but an apparent recent decision by Shamong Township Administrator Susan Onorato to send a “courtesy” letter to the owners of a property in town asking that their rooster be relocated to a different part of their tract, away from their property line due to “several complaints,” roiled an Aug. 6 meeting here.

Suggested animal regulations as part of a Master Plan re-examination became a hot button issue in Shamong last year (a town that is known as a farming community, and whose residents are mostly protective of their private property rights), to the point that they were ultimately tossed, but a new concern over roosters crowing has now entered the limelight after a couple who recently moved to Shamong, upon learning it was legal to have roosters, brought a rooster from their farm to their 529 Oakshade Road property.

“Last month, they (the couple) were here regarding a rooster issue,” said Patty Niculescu, who has had her own past battles with the township over the zoning

Photo By Douglas D. Melegari
Tabernacle Town Hall.

PEMBERTON—Normally when a resident or family of any town suffers a devastating loss, their township government and its leadership quickly come to their aid in a time of need.

But Pemberton Township officials are facing heavy criticism after township Code Enforcement reportedly issued four citations to a man, a widowed U.S. Navy veteran with a young autistic son, within the first 60 days of his having just lost his home on May 1 to a fire.

“I just want to know why,” said John Visconti to Pemberton Township Council during its Aug. 7 session. “I just want to know why, after 60 days, I am getting these code enforcement letters.”

According to Visconti, among the notices of violations he received were ones for “failure to maintain my property” and “failure to maintain structure.”

He also contended that after having gotten a dumpster brought in and making initial attempts to clean up the trash left behind from the disaster, he received pictures from code enforcement that his efforts were “not sufficient enough.”

In addition, he contended he received a Notice of Violation for having a “vacant property,” which he said has bothered him the most given “I am not in the house” because of the current circumstances.

“I am trying to make life easy for my son,” Visconti said. “He is autistic. I am a single father, a veteran. Why am I getting these letters? It is not right!”

Visconti described that it is “taking time” for the insurance companies he is working with “to get checks” in the mail to him to pay for the rebuilding, and that it “also takes time to get contractors lined up.”

“And I am constantly being watched and this is not right,” he declared.

Business Administrator Daniel Hornickel’s initial response was to point out that “apparently, they have not taken any further action against you” and that “no summonses was issued” in the matter.

“I know the Community Development director was looking at it,” he added.

As Visconti continued to make the point that he has Notices of Violations in hand, Hornickel, in apparently making a point, asked, “You were not taken to court, See VIOLATIONS/ Page 6

Further Testing Ordered for Soil Deposited on Magnolia Road Site to Determine if It Causes Degradation of Ground or Surface Water

While Contaminants Found in Initial Tests Do Not Exceed NJDEP Criteria, They Could Be in Violation of Pinelands Commission’s Stricter Standards

PEMBERTON—Based on some preliminary test results, the New Jersey Pinelands Commission has formally requested that further soil and water testing be conducted on a property off Magnolia Road in Pemberton Township in order to determine whether or not its owner should be required to remove tons of unauthorized fill that was trucked there this past February from sites in Union and Essex counties to widen an access road.

A letter to that effect signed by Charles Horner, the commission’s director of regulatory programs, which was mentioned in a routine report at the agency’s Aug. 9 meeting, was emailed four days before the meeting to Dominick Pereira, the representative for the tract where the dumping occurred, with copies sent out to officials of the New Jersey Department of Environmental Protection’s Bureau of Solid Waste Compliance and Enforcement and Bureau of Coastal Land Use Enforcement, along with Pemberton Township Administrator Daniel Hornickel (who will be leaving that post this month) and Zoning officer Rosemary Flaherty. According to the letter, the test results obtained so far indicate that “the

material deposited on the parcel contains contaminants, such as semi-volatile organic compounds, pesticides, metals and extractable petroleum hydrocarbons,” and while that material “does not exceed the NJDEP regulatory levels for residential/ non-residential and migration-togroundwater standards,” it still may be in violation of the Pinelands Commission’s somewhat more stringent criteria.

“Please note that in the Pinelands Area, the commission’s non-degradation ground and surface water quality standard is more restrictive than the applicable NJDEP standards,” Horner’s letter informs Pereira.

In addition, it points out that both the Pemberton Township land use ordinance and the Pinelands Comprehensive Management Plan require that the fill/soil material placed on the parcel “not result in degradation to either ground or surface water quality.”

The letter goes on to indicate that in order for the property owner “to retain the contaminated fill/soil material on the parcel,” it must be demonstrated that such material will not result in the type of degradation described.

“Such a demonstration,” it says, “would typically include the testing of groundwater

See SOIL/ Page 11

Cheer Squads Gives

to People Who Helped Get

PEMBERTON—It sometimes takes a village to pull off an amazing feat and, recently, when one group of cheerleaders needed it most, Pemberton Township rallied and helped them pull off second place in their first National Championship Competition.

The D3 level of the Champion Force Pemberton Royals Cheerleading Squad returned home from Lexington, Ky., at the end of July with a second-place finish and

a profound thankfulness for the people who helped get them there.

With donations from the GOP candidates running for Pemberton Township Council, Matthew Bianchini, Perry Doyle and Harry Harper, and many other local businesses around town, the girls were able to fund their way to the competition, said Head Coach Ashley Parker.

In addition, she said the local VFW let them hold almost all their fundraisers

See CHEER/ Page 8

Photo Courtesy Ashley Parker
The D3 squad and their coaches.

Burlington County Spokesman Attributes 2024 Budget Increases to Contract Agreements, Rising Health Costs, Debt Service Costs

Levinsky Notes 2024 Budget Had to Cover Grant Money Not Yet Available, and Points to County’s Top-Tier Credit Rating, Lowest Average Tax

MOUNT HOLLY—An $8.25 million, or 12 percent increase in the appropriation for salaries and wages in this year’s Burlington County budget over corresponding figures of the year before has been attributed by County Spokesman and Public Information Officer David Levinsky to “contract agreements with various collective bargaining units” in which county officials were engaged.

Levinsky, in response to a query from the Pine Barrens Tribune , also characterized a $7.7 million hike in “other expenses” as reflecting “a multitude of county appropriations and cost increases,” including some that are outside the county’s control. He listed such expenditures as including rising costs for health insurance, employee pensions and other statutory employer contributions that increased, as well as an increase in debt service, up $2 million, to $38.4 million.

The latter increase, he noted, “reflects the county’s aggressive efforts to pay down county debt, which saves taxpayers long-term and also reflects the national rise in interest rates, despite the county’s strong bond rating.” Such “responsible debt management,” he maintained, “has been a hallmark of Burlington County’s administration,” resulting in a net debt of $189.9 million, which he pointed out “is now about 25 percent less than the $253 million debt carried by county in 2018.”

The county spokesman’s emailed explanation came in response to a question from this newspaper in regard to the budget increases, one conveyed to it by an individual knowledgeable in the financial practices of local and county government who thought such increases deserved an explanation with third-quarter tax bills coming due for residents, especially given that the county hiked its total tax levy by $12 million this year on top of a $5.7 million increase the year before.

The person who raised the issue, who further emphasized that the county

in State

made no formal budget presentation this year, did not wish to be identified, a request with which the Pine Barrens Tribune is complying.

Levinsky maintained the contract agreements are ones that “provide fair compensation to hardworking county employees who deliver services critical to residents’ health, safety and well-being every day.”

“Paying appropriate salaries also ensures the county can continue to attract and retain the skilled and compassionate workforce that has been crucial to (its) success,” he contended. “These employees are also Burlington County residents and taxpayers; paying them fairly supports strong local economies and vibrant communities.”

Examples he cited of some of those “other expenses” that were included in the 2024 budget were a $700,000 increase in the county’s financial support for Rowan College at Burlington County and a required $800,000 rise in payments to the state for the care of Burlington County residents housed in state psychiatric hospitals.

As for what precipitated the county to raise its tax levy to $187.5 million and the impact that is expected to have on thirdquarter tax bills, Levinsky maintained that officials had to budget for various increases, some outside of county control, in addition to covering costs associated with grants not yet received that support some of its programs and expenditures, which resulted in accounting requirements having to be temporarily covered until those funds were actually awarded and made available.

Because of this gap, “the county was forced to budget for a $23 million reduction in grant funding, even though it expected large sums of that revenue to be restored following the budget adoption,” he said.

Those factors aside, however, third quarter tax bills are typically higher, he pointed out, “because the first two quarters of every tax year are estimated based on the prior year ratables.”

See BUDGET/ Page 6

REBUKE

(Continued from Page 1)

building is not in imminent danger of collapse or a danger to human life.”

Rodbart’s conclusion is now the second contradicting the previous opinions offered earlier this year by Construction Official Tom Boyd, Pennoni Municipal Division Engineer Tom Leisse (who was the township engineer up until June), Township Architect Scott England, as well as two structural engineers who both drew concerns for having alleged ties to the trio, Michael A. Beach, of Michael A. Beach & Associates, LLC, and Jay B. Rosen, of SE2 Engineering, LLC.

Rodbart, who was joined with her business partner and fellow engineer, Alyssa Pizzi, in inspecting Town Hall on July 31, have made a conclusion on Aug. 7 along the lines of Rich Roberts, chief structural engineer for Pennoni, who evaluated the building last month and wrote in a July 22 memorandum, in part, that the “building is not in imminent danger of collapse,” with his findings having contradicted that of his colleague, Leisse.

One difference between the reports of Rodbart and Roberts is that hers is 32 pages long, while his is only three paragraphs long.

But there is another difference: Rodbart on pages 7 and 22 of her report pointed to “cracks in the stucco coating at the top exposed portion of the foundation wall at the northwest corner,” and provided photographic evidence of same, suggesting the removal of “the stucco to determine if there is mortar loss or through-body cracking,” while Roberts had told the township in arriving at his conclusion that “I did not observe cracks in the foundation walls that would indicate concerning structural conditions.”

Hertzberg has held since May (upon learning that Tabernacle officials reopened Medford Lakes-Tabernacle Road after closing it over the collapse concerns) that Medford LakesTabernacle Road, which abuts Town Hall, should remain closed until it can be ascertained what true danger the building poses to traffic, and in an Aug. 9 Zoom conferencing call between the litigants, with the independent report from Rodbart now in hand, apparently expressed his desire to hear from those who previously had certified to him the building was in imminent danger of collapse.

“Sorry to say the road is not opening anytime soon!” one of the litigants, Katherine O'Connell Crain wrote. “There will be another hearing with all the professionals that have submitted certifications of imminent collapse!”

That revelation led to an immediate stir

on social media, with exasperated residents and local business owners calling for an immediate end to the road closure with now two structural engineers having opined there is no imminent danger of building’s collapse.

Rodbart Report Recommendations Released

The independent engineer’s conclusion is that “Tabernacle Town Hall has structural instabilities and moisture infiltration in various locations throughout the building, but is not in imminent danger of collapse or a danger to human life.”

However, Rodbart goes on to describe that “based on our observations,” repairs in the basement are “urgent” and “must be” made “as soon as possible” to “prevent an unsafe condition and irreversible damage to the building.”

One of the two recommended repairs requiring “urgent” attention include “filling in” the south foundation wall (found to have a missing stone) to “minimize additional damage to the wall,” with Rodbart noting that “it is possible that the missing stone is lying in the vegetation outside the building.”

“It is possible that the missing stone is lying in the vegetation outside the building,” Rodbart said. “Areas of material loss must be filled in with appropriate filler stone and mortar.”

The second recommended repair requiring urgency is for there to be “temporary shoring” installed to “support” what was found to be a deteriorated first-floor beam, which was determined by Rodbart to be the cause of the township administrator’s office being no longer level, a point that Boyd has seized on in prior multiple public presentations and conversations on the topic.

“Ensure the shoring is in contact with the bottom of the beam for a continuous load path,” Rodbart advised.

A whole host of what Roberts called “remaining stabilization items” suggested throughout the report “shall be completed to minimize additional moisture infiltration and strengthen the building,” Rodbart said.

Rodbart made clear at the very beginning of her report that before inspecting the building, she had closely “reviewed” the previous reports of Beach and Pennoni, among others, as well as the Fall Plan that had been submitted by Pennoni (when Leisse was overseeing the matter) showing that Medford Lakes-Tabernacle Road would be within any collapse zone.

However, the Pine Barrens Tribune has learned

See REBUKE/ Page 7

ROOSTERS

(Continued from Page 1)

for her farm property. “I understand they did confirm there is no ordinance regarding roosters, so they went ahead a brought over their rooster. I understand there have been some complaints, and I can understand that. But at the end of the day, there is no rule saying they can’t have a rooster, so it was upsetting to hear they received a letter from the township.”

Onorato acknowledged having authored the letter, but contended she simply asked the landowners if they could “possibly move it away from the property line and closer to your house.”

“It never said to remove it!” the township administrator shot back.

Niculescu, however, retorted, “But do they have to (move it)?”

Onorato answered that she sent a “kind request.”

“That is all it was,” the township administrator contended.

But Niculescu contended the wording can be “intimidating” to “new people who were already told they could have the rooster.”

“It was maybe confusing as to why they are told they now have to move it when there is no ordinance to say they have to,” she said. “It is upsetting.”

Niculescu further maintained she “doesn’t think that it is fair” for the couple to have to comply with Onorato’s request to “keep the peace,” because “all they want to do is have their rooster here,” to which the township administrator contended, “All I suggested was for them to move it away from the property line.”

“So, can they bring their rooster back?” asked Niculescu, causing Onorato to respond, “All I asked is that they consider being a good neighbor and consider moving it closer to their home – that is all I said.”

Onorato added that she had previously advised the residents “when they first started looking at that property” that “the only time there will be issues is with noise and odors.”

Shamong Mayor Michael Di Croce acknowledged having seen the letter Onorato sent to the new landowners (it was unclear if he reviewed it before it was sent), but described it of being more along the lines of “can you be considerate of your neighbor, and if you can, can you move the rooster to an area where it is not close to the property line, upsetting people.”

“I think that is Sue’s job, trying to get people to get along,” the mayor maintained. “It was not her intention to intimidate.”

Niculescu, however, described the letter as “very unwelcoming” with “something not right about it.”

“Instead of supporting people, and allowing them to enjoy their properties, and have animals they are permitted to have, per the ordinance, I am just confused why this is a recurring issue,” Niculescu said. “We can’t move to Marlton and have our farm, but other people who don’t want to be around farms can go ahead and move somewhere else. We move here for that reason. It is my understanding, from attending meetings, the majority of the committee is in support of farming. So, it is just confusing to me, why folks who just move in, a hardworking family, they get something like that.”

Onorato, in a further rebuttal, maintained that she helped guide the new property owners by pointing out to them what they could do “to avoid” having to seek variances.

Dr. Ernie Lazos, who lives in a development, Shadow Lake, behind the property of concern, described the circumstances at issue as “unfortunately our residential community borders the farming community.”

“Your first comment was you want to be able to do whatever you want on your property, but you have to be in good conscious of what is going on, on your property,” he declared.

Lazos maintained he had a private discussion with one of the owners of the property at issue in which he told them “you can do whatever you want – just be cognizant of us,” maintaining most of the residents of the development “are all retired – and we want to enjoy our retirement.”

“At 5 a.m., I don’t want to be awakened by a rooster!” Lazos asserted. “I really do not want to be awakened. I am retired – I don’t have to get up at 5 a.m. now, and I want to get up whenever my body clock allows me to wake up.”

Lazos maintained that if he also decides he wants to “relax” in his pool during the daytime and “listen to jazz, smoke a cigar, and drink a cocktail,” he “doesn’t want to have to listen to a rooster all day.”

“Where do our rights come in, as residents of this township – who are you going to protect?” Lazos asked. “Are you going to have a battle between farms and residents now? That’s not right!”

Another woman declared that Shadow Lake residents “pay the highest taxes!”

“Do you want to pay the same amount of taxes that I pay – OK … ,” the woman added. “But, if you are going to disturb my right to have peace, quiet and sleep … I do have rights.”

Di Croce responded that he was “pleased”

to hear from Lazos, however, that the residents at issue were willing to move their rooster and have since done so, noting, “I am a light sleeper, and I don’t like hearing a rooster at 5 a.m., either.”

“So, for the time being, the issue is cured,” said Di Croce, to which Lazos responded, “Absolutely.”

But ultimately, one of the property owners at issue, Josie Galvez, went up to the dais and described that the rooster was initially brought to the property, then brought back to their farm “in Red Lion” upon receiving a phone call, but then after learning there is no prohibition, it was returned to her Shamong property again. That is when she alleged she received a second call that resulted in a voicemail being left “about removing them, or else it was going to be a problem,” but added, “I would love to play it, but I don’t want to waste anyone’s time here.”

Shortly after the second call, Galvez maintained, she got Onorato’s letter “about moving our chicken coup back.”

“Honestly, what difference is that going to make,” Galvez declared. “It is an honest question – they are roosters, they are loud.”

Galvez then queried the committee point blank, “Are you allowed roosters in Shamong?”, to which Di Croce answered, “Yes, you are allowed roosters in Shamong.”

Di Croce, in further addressing the property owner at issue, said that “what you did is commendable, because you are respectful of your neighbors,” but upon Galvez learning there is no prohibition, she asserted, “But yeah, Shamong is a town that animals are like a family.”

“This is kind of like us putting our foot down that we are going to bring back our rooster,” Galvez declared, noting “this is the second time we are getting the OK from you

guys,” before pointing out “it hasn’t even been a year since we moved to Shamong and this is our first problem.”

Galvez also took issue with Onorato’s declaration in the letter of “several complaints” having been registered with the township, maintaining, “We have not received a single complaint from our street at all – it is the people from the back … it has only been one family.”

“We are going to bring them back, and bring our other animals soon, hopefully,” said Galvez, proclaiming that “six” more animals will be brought to 529 Oakshade Road, in addition to the rooster making a return.

This led Lazos, who disputed there is only one family complaining, to claim there are state noise nuisance regulations allowing for a maximum of 65 decibels and “roosters (their sounds) are significantly higher,” to which resident Heather McGarvey, Di Croce’s paralegal who has been adamantly opposed to the prior proposed animal regulations, shot back “agricultural activities and animals are excluded from the noise decibel levels.”

Others also came to the defense of the rooster owner, including next-door neighbor Tracy Burleson, who described intentionally moving to Oakshade Road with her husband and three kids, “well aware of all the farms.”

“They love the farms,” she said. “I have two-year old twins saying, ‘Where are the roosters?’ That is what they are listening for.”

She added she is “in full support” of the residents having roosters.

Di Croce responded he “understands this is a hot issue,” but that “if you are getting woken up from your sleep, it is a big deal.”

“So, we will see if we can figure out

VIOLATIONS

right?”, before again repeating summonses have not been issued.

“But I got threatened with one,” Visconti shot back.

Following the exchange, the business administrator acknowledged that the one violation for having vacant property “will be withdrawn” because it “makes no sense,” and appeared to agree with the man that whatever prompted the others has been addressed to the township’s satisfaction.

“On our end, we have to propose an ordinance to address circumstances such as yours, because unfortunately, sometimes people read things literally, not practically,” Hornickel said. “I know we have to make some corrections. We have already begun drafting that, and hopefully we will be able to present that. I recognize your plight, and we are not looking to issue you summonses.”

But neighbor Vikki Adams, at a preceding July 17 session of council, found that code enforcement would even issue a Notice of Violation under these circumstances to be inexcusable, noting that Visconti, a “veteran, widowed, raising a 14-year-old autistic son,” had even gotten a permit in coordination with his insurance company to have a temporary trailer placed on his property. (The man made a point that his property is the only thing he owns, so it made sense to still live there.)

She called for code enforcement to have a computerized system that lets its officers in the field know whether permits have been issued, instead of the present system (or lack thereof) just “adding stress to his life” that isn’t needed in the moment.

“Why would code enforcement come by and give him four violations?” she asked, to which she got no answer.

Adams described that Visconti had even “neatly stacked” contractor bags at the curb with discarded items that are “not construction materials,” but items that could not be salvaged such as pots, pans, clothes and carpeting. She described that the fire victim had even gone to the length of paying two neighbors to help him load the trash on the trash collection trucks (rather than have the hauler workers solely do it).

“This man is being responsible for his things,” she said. “There is something

wrong with our township when we can’t go after the county for deplorable things (such as the deteriorating former county college building), but we pick on a veteran trying to rebuild his life!”

Democratic Councilman Paul Detrick’s only response to Adams was that council cannot direct code enforcement on what to do, and “I don’t even know if administration can even say, ‘Don’t touch that house.’”

His response led to immediate jeers from the audience.

At the ensuing Aug. 7 session, after Visconti pointed out he was threatened with $2,000 per day fine for each violation, resident Bob Pelletier asserted that “threatening” a man “with violations in the thousands of dollars in light of a fire” some 60 days later “seems awfully damn punitive” and “heavy handed” on the part of the local government.

“When someone is down and out, people need a helping hand at that time, and don’t need more government on them,” Pelletier declared.

Detrick replied that he doesn’t think “anybody disagrees with that,” but that “I think the code enforcement people are enforcing the code as it exists.”

“That is what they do,” he said. “I don’t think they should go out and say you seem like an OK guy, we are not going to come down on you, but are coming down on others. They are just, I think, going out and enforcing the laws.”

But the council president appeared to make a tacit admission in offering that the laws are “maybe not good in some circumstances” and “maybe they don’t apply well in that guy’s situation.”

“I don’t know the exact details,” added Detrick, but he did opine that he believed it would be “beneficial for that gentleman to request a meeting” with administration, to which Hornickel said he would ask the director of Community Development to get involved.

Township Solicitor Andrew “Andy” Bayer noted that “although council members supervise it from a budgetary standpoint,” or code enforcement, “they don’t supervise day-to-day operations,” rather “the mayor and administration do.”

“I am sure they will facilitate a meeting to assuage any concerns you have – Daniel and his subordinates,” Bayer added.

Republican Mayor Jack Tompkins, a veteran himself, as Pelletier suggested there is something wrong with the “set of

BUDGET

But Levinsky did wish to emphasize that Burlington County’s Aa1 credit rating from Moody’s Investor Services “is also near the top of its rating scale,” and that the agency has repeatedly cited the county’s budgeting, cost controls, and strong financial management in reports supporting that rating.

This top-tier rating, in turn, “allows the county to negotiate lower interest,” which saves even more money for taxpayers.

A specific part of the tax levy that Levinsky acknowledged the county has raised, its farmland and open space preservation tax, which went up by 3.5 cents per $100, is one he credited with having maintained and improved the quality of life for all county residents.

This particular increase, he said, “is expected to generate about $20.2 million to fund farmland and open space preservation, parks and trails improvements, and many park programs. It was supported by the commissioners, Levinsky contended,” because they recognize that while Burlington County is ranked No. 1 in New Jersey and No. 7 in the nation for acres of farmland preserved, the job of protecting the county’s landscape is not finished.

This increase, he added, addresses concerns expressed by residents about overdevelopment threatening quality of life, and while home rule prevents county government from interfering with local zoning or land use decisions, it provides the county with a means to aggressively target farmland and open space for preservation.

Citing current examples of that process, the county spokesman noted that earlier this summer, the commission voted to give preliminary approval for nine farms totaling approximately 1,200 acres, including several in Southampton, Tabernacle, and Pemberton townships, to enter the county’s Farmland Preservation program. The county, he said, “also continues to move forward with improvements to its trail network and other park enhancements that improve accessibility so all residents can benefit from the county’s beautiful outdoor spaces.”

Levinsky also said he wished to emphasize that “the Burlington County Commissioners are committed to keeping

the county affordable and their record reflects that.”

Property Tax Data compiled and published annually by the New Jersey Department of Community Affairs (DCA) show county residents have enjoyed the state’s lowest average county tax for the past five years, and the commissioners expect that when the 2024 data is released, that distinction will continue.

The DCA data also showed that county taxes made up 14.3 percent of the average county property taxpayer’s total tax bill in 2023, he noted, with school taxes amounting to about 64.3 percent of the total tax bill, and municipal taxes to 21.3 percent.

“This data shows that the county continues to do its part to manage finances responsibly to not overburden county property taxpayers,” he asserted. “The budget protects residents’ health, safety, and quality of life, supports working families, and delivers services and resources to assist seniors and the most vulnerable without jeopardizing affordability.”

Levinsky said he also wanted to remind residents that the county tax levy is not the sole determinant of how much property owners pay in county taxes.

“Each town’s county rate is established by the Burlington County Tax Board based on the equalized true market valuation of all county property in each town,” he pointed out. “If the calculated true market value of the property in any town increases or decreases compared to the assessed value of property, this will impact the final equalized county tax rates published by the Tax Board. This is different from the rates calculated for municipalities’ local purpose tax and school taxes, which are based solely on assessed value, not the true market values.”

Insofar as the county commissioners not holding a formal budget review, he said, ”the budget was introduced and published as required by state law and posted on the county website, with a contact email for residents to not only ask questions, but arrange to speak with the chief financial officer directly and get answers to any questions that they might have had about it.” In addition, the county published a press release that is available online. It should be pointed out that the total budget for this calendar year is $263,768,288, and despite the aforementioned factors, this is actually a decrease of $315,331.60 over last year, or a drop of 0.12 percent.

REBUKE

(Continued from Page 4)

that Rodbart, in reviewing the Fall Plan, contended to municipal officials, via email, that there is a “disconnect between the conditions reports and the arrival of the Fall Plan.”

“I was hoping the Fall Plan indicated a forensics analysis, but that appears to be missing,” she wrote in an email obtained by this newspaper. “They went from A to Z without stating HOW the building would collapse.”

With climbing ladders and a “3 foot-0 inch level” in hand to “determine the plumbness of select walls and floors,” Rodbart and Pizzi made a “total of six probes” to “view framing throughout the building,” which she noted is an over 150 year-old, “twostory plus basement property” constructed of “timber framed walls and floor framing and is temporarily unoccupied,” with there also being a “one-story reinforced concrete addition to the side of the building, previously used for a records storage vault.”

Foundation Probe Finds Non-Severe Cracks

The foundation walls, Rodbart wrote, are “visible from the basement area and are constructed of parged masonry, which is typical for this period of construction.” She noted they are “covered with stucco and the stucco is cracked in a few areas.”

“The interior walls within the basement appear to be in fair condition, with some mortar and parging loss,” she observed. “Wall bulges and severe cracking were not noted during our visit.”

However, the “one area of concern” is along the south wall of the building “where there is a breech in the wall and daylight is visible.”

“There is an opening at the top of the foundation that is large enough to allow vermin to enter, and this must be closed up to prevent unwanted entry and additional damage to the wall,” Rodbarts declared. “It appears that a stone may have been dislodged from the outer wythe of the wall (this must be confirmed once the vegetation is removed).”

While vegetation overgrowth and a handicap ramp were cited as the reasons the foundation at the point of concern cannot be easily viewed from the exterior, Rodbart noted she found that the “timber sill plate is deteriorated, along with the intersecting wood beam that supports the first-floor joists.”

“Supplemental steel framing was installed to support the first-floor joists (a set of steel channels were installed below the joists) and is pocketed into the foundation wall, just below the wood beam,” the engineer further observed. “The exterior wall studs above bear directly on the deteriorated sill plate and the interior wall studs are situated above the deteriorated beam, so their repair and/or replacement is necessary for overall stability.”

Rodbart also discovered that someone had installed a “cementitious mortar” to “repoint open joints in this area,” but in doing so, it “has caused additional damage since it is likely harder than the adjacent stone.” She also found that “concrete masonry blocks were inserted in the foundation wall below the steel,” which she maintained “may be contributing to uneven settlement.”

In addition to her “urgent” recommendation that “the opening in the wall must be filled in as soon as possible,” Rodbart said that for the purpose of achieving “overall stability,” what she called “inappropriate materials” such as “the cement and block” should be “removed and filled in with suitable stone and mortar.”

“Consider installing a new steel post and footing to support the beam end, instead of bearing on the foundation wall,” she advised.

First Floor Beam Needs Urgent Shoring

“In general, the joists are in good condition,” Rodbart said of the first-floor framing, but “several framing members at the southwest corner of the building are deteriorated.” The engineer observed where “steel channel beams” had been installed possibly in “response to uneven floor framing and the variation of joist depths,” but that “the lack of shoring below the deteriorated wood beam is problematic since it carries a load bearing wall above.”

Boyd had apparently again made a point of the floor not being level in the administrator’s office to the two women, and in response, this is what Rodbart concluded:

“Directly above this area at the first floor, the floor at the west wall of room “Admin/ DPW CFO” was measured to be displaced downward 4 inches over a span of 11 feet. There is no notable cracking or movement in the walls or ceiling in this area, indicating that the displacement has either occurred at a slow pace over time and/or that it has been covered over. A drop-panel suspended ceiling and wood wall paneling is installed over the original plaster finishes, which conceals any cracking. It was reported to us by Mr. Boyd that the door that leads to Stair 2 was removed recently because it was rubbing on the floor and unable to swing open. It is our professional opinion that there is active movement since the door was swinging properly when the modern finishes were previously installed. The active movement is a direct result of the deterioration of the first-floor beam and sill plate below this area.

“The active movement is a concern and must be arrested to stabilize the building as soon as possible. It is recommended to install temporary shoring below the firstfloor beam to prevent additional movement.”

Otherwise, the women probed the southwest wall and found that a floor beam spanning the north-south direction, and supporting the second-floor joists, had only “minor deterioration,” while in examining the southeast corner, “a distinct break in the wall studs at the wall plate/beam” was found with “a set of new, smaller studs beginning at the second level and continuing upward.”

In addition to calling for the “urgent” temporary shoring to support the deteriorated first-floor beam below the administrator’s office to achieve “overall stability,” Rodbart is recommending installation of “shims within existing gaps above the newly-installed stud walls to provide bearing to all joists.”

“Install a stud wall below joist ends along the perimeter wall,” she continued. “Remove and replace the deteriorated timber sill plate at the south wall breech. Repair or replace the deteriorated first-floor beam below the load bearing wall at Room Admin/DPW CFO. Install shoring to support the loads above prior to replacement.”

Second Floor OK, Roof Needs Some Repairs

The second-floor framing was probed at the point in the building where the administrator’s office is, and Rodbart wrote of the findings that the “second floor joists and beam did not appear to be overstressed from the noted displacement.” A second probe at the

southeast corner found “all of the visible joists at these two locations are in good condition.”

Other evaluations of the upstairs also checked out OK, but one thing Rodbart observed was that “in general, the removal of the interior partition wall has reduced the lateral stiffness of the building.”

“However, it is our understanding that temporary bracing is being designed by Pennoni to increase the building’s resistance to wind loads,” she said.

Boyd, in a previous presentation to the committee and public in justifying his position, pointed to water stains on ceiling tiles from a leaking roof.

But Rodbart wrote the “attic wall plate/ beams above the second-floor studs have minimal deterioration on the south and east walls,” and while there is “water staining and deteriorated paperbacked insulation at this location,” she emphasized “all of the framing is in good condition.”

She also found “the brick chimney in the attic appeared to be in excellent condition, with no material loss or cracking.” And while “daylight was visible along the east side of the chimney, at the roof, indicating that flashing is breeched,” she maintained it simply “requires repair and/or replacement.”

And while she found a couple more locations of “water staining throughout the attic area,” she pointed out it is not “rot and deterioration from water.”

“Some of the horizontal roof timbers between rafters were broken and require replacement and/or reinforcement,” she concluded, noting that “over half of the roof rafters are severed in some areas above the purlin,” and “the rafters do not appear overstressed or cracked, but this is a poorly installed splice repair that requires reinforcement and/or replacement.”

In summary, there are “no recommendations at this time” for the second floor, and as for the attic and roofing, “for overall stability,” Rodbart advises to “remove and replace” the “1x mending plates at the severed roof rafters” and to “install uplift connections at the attic and roof framing bearing locations,” in addition to installing “additional studs at the gable ends to reinforce the existing walls.”

“Replace/reinforce the broken horizontal roof timbers,” she added.

Also reportedly exasperating the conditions, according to Roberts, is “vegetation overgrowth,” which she suggested be removed, as well as detached siding, which she suggested be replaced.

Next Steps Outlined, But Future Uncertain

Rodbart, at the end of her analysis, offered a disclaimer, asserting, “We assume no liability or responsibility for the cost of repairing or replacing any unreported defects or deficiencies, either current or arising in the future,” and that “the inspection and report are not intended to be used as a guarantee or warrant, expressed or implied, regarding the adequacy, performance, or condition of any inspected structure, items, or systems.”

She also emphasized the “recommendations made in this report are for informational purposes only and are not field directives or explicit specifications for repairs.”

“A Professional Engineer must design the repairs and prepare construction documents so that a qualified contractor can implement the work,” she wrote.

A big question, however, moving forward, should Hertzberg decide to maintain the demolition injunction, is whether Tabernacle officials will have Pennoni design the repairs

and prepare the construction documents, given its conflicting conclusions and the townspeople having indicated they have lost faith in the engineering firm. Also unclear is whether an independent party, such as J&M Preservation Studio, will be tasked with having oversight over the repairs to ensure they get completed timely, and are adequate.

But Rodbart wrote this of the next steps: “The repair documents will include floor plans, framing plans, elevations, and sections of the structural repairs. The drawings may also incorporate photographs of field conditions. The drawings shall be signed and sealed by a Professional Engineer in the State of New Jersey so that a permit can be obtained for this project. A certificate of appropriateness from the Township of Tabernacle is required for any alterations to the building. Please do not hesitate to contact our office with any questions or concerns.”

County Route 532 ‘Perfectly Safe Road’?

Meanwhile, Rodbart’s report, in combination with that of Roberts, was enough for residents to call on the judge to reopen Medford Lakes-Tabernacle Road (also known as County Route 532) immediately. Some locals were shocked and dismayed by a Friday, Aug. 9 pronouncement that the judge has not immediately moved to do so. A couple people even reported on their observations that motorists were no longer abiding by the closure.

“Plenty of traffic going through but literally driving over the barricades,” wrote one person, while another wrote, “Time to help ourselves, folks,” making the following suggestions, including that the Tabernacle Township Committee direct Public Works workers “to stop replacing the cones and barriers that are moved every day by drivers on a perfectly safe road” and instruct the municipal judge “to stop fining drivers $135 for tickets.”

“If the township committee would communicate to the NJSP (New Jersey State Police) that their ticketing services are no longer needed for drivers on a perfectly safe road, that would help,” the man wrote. “If local property owners, churches and businesses would tell the NJSP ticket writers not to park on their property, that would help.”

Tabernacle Mayor Noble McNaughton has previously maintained that the matter is in the judge’s hands and the township could be held in contempt if it defies the court order (which included a directive to have

See REBUKE/ Page 9

Worship Guide

FirstBaptist Church

CHEER

(Continued from Page 3 )

there, which was also a huge help.

“It really meant a lot to us,” she said. “Fundraising doesn’t always sell itself, money was definitely an issue, it’s a rough

time for people. Without the outside donations, we wouldn’t have been able to have gone.”

In addition to the money that they needed to get there, they required space to practice, as well as a commitment from both the girls and their parents.

Browns Mills United Methodist Church provided the space and the parents were

all on board with their support.

The girls dedicate 45 minutes a week for 17 weeks each season, with an additional session held in the summer. It requires a lot of time not only from the squad, but from their parents as well, Parker said.

“We couldn’t have done it without the dedication of the parents, so I want to give them a huge thank you as well,” Parker

said. “Also, I’d like to thank them for all the support the past couple seasons.”

Once the team qualified for Nationals, Parker whipped up some homemade items, including good luck pocket hearts, snack bag survival kits and custom bags to bring the team extra luck, proving it is about the teamwork, friendships and love of the sport, not just the desire to win.

Pemberton Royals Cheerleading is comprised of three age divisions – ranging from 4 to 18 – and all three levels brought home awards during the East Coast State competition in Souderton, Pa., in May, Parker said.

The D1 girls, ages 4 to 6, brought home a second-place win; the D2 girls, ages 7 and 8, placed fifth; and the D3 squad, ages 9 to 18, brought home the team’s first state championship title. The girls cheered against teams from Pennsylvania, Delaware and New Jersey, according to Parker.

Pemberton has never placed first before and has never received a bid to Nationals until this year, she said, so it was her crowning accomplishment thus far in her four years as their head coach.

Once at Nationals in Lexington, the girls cheered against teams from Tennessee, Kentucky, Minnesota, as well as two different teams from Indiana.

The program itself has been around since 2016, according to Parker, who began as a volunteer parent helper working alongside her goddaughter, before taking over as head coach herself.

“I used to cheer and was getting more girls to join, so I said if you ever want help, I could be your assistant,” Parker said.

See CHEER/ Page 11

Photo Courtesy Ashley Parker
The D3 level of the Champion Force Pemberton Royals Cheerleading Squad competes in the National Competition in Lexington, Ky., at the end of July.

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REBUKE

(Continued from Page 7)

the road closed off to traffic).

Hertzberg, however, has not yet determined the road to be “perfectly safe,” and is now weighing why Rosen had certified on April 10 that Town Hall is a “potential threat to the life, safety, and welfare of the public” in reportedly observing “several cracks,” including “vertical cracking,” and that “several first-floor joists are cracked,” in addition to Beach having wrote on April 10 the “building envelope has been breached at the roof and walls and the existing structure will continue to deteriorate at an elevated level from weather exposure,” and that “as a result of the severe structural deterioration, the building cannot safely support the required superimposed live and

ROOSTERS

(Continued from Page 5)

something where we make it better,” the mayor declared.

Committeeman Brian Woods also recognized roosters are a “very hot button issue” and maintained “it stinks that people are at their throats as neighbors.” He went

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dead loads required by code for this use and may collapse.”

Claims of Tabernacle Town Hall being in imminent danger of collapse began to be made in February, and as of press time, the building, constructed in 1874 by the Order St. Mechanics, which later became the Junior Order of United American Mechanics No. 49 (as noted by Rodbart), was still standing, with the latest engineer to opine on the facility starting her report by weighing in on a prior point of contention: “The property is established as a historic site to be preserved and protected in the Township of Tabernacle as per §17-43. HISTORIC, ARCHAEOLOGICAL AND CULTURAL RESOURCES. [Ord. #1985-7, A VI, LL; Ord. #1989-3, § 3; Ord. #1997-9, §§ 25, 26; Ord. #2000-3], and therefore a certificate of appropriateness is required for construction, encroachment upon, alteration, remodeling, removal, disturbance, or demolition.”

on to describe being an “early riser” who enjoys listening to the sounds of roosters when he walks his dog, but that he has come to appreciate that not everyone does after a woman had confronted him one day on one of his walks, asking if he was the owner of the roosters.

“The bottom-line is we don’t have a rooster ordinance in Shamong,” Woods said. “And, if we wanted to adopt one, it

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is something that would have to be spoken about. Everyone can talk to their neighbors respectfully and peacefully, and I encourage that. Without an ordinance, you can’t force anybody to do anything. Not that I am saying there was any bullying, but you can’t bully anyone to do anything. And people have their right to have them. Maybe if you talk to them a little more, there are some things they can do.”

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Woods also acknowledged having read the letter Onorato sent, but maintained, “I am pretty positive Sue came at it as trying to play peacemaker and not trying to intimidate.”

“I just want to publicly vouch for Sue and her methods,” Woods said. “I hope these neighbors can work it out and learn to live with the noise of the roosters, because that is kind of what we have going on here in Shamong.”

VIOLATIONS

(Continued from Page 6)

SOIL

(Continued from Page 3)

and surface quality both upgradient and downgradient of the area where the material was placed on the parcel.”

The letter, however, indicates there is a circumstance that would permit the property owner to be given a pass on having to remove the fill in question.

“If it is demonstrated through additional testing that the pre-existing soil on the parcel contains contaminant

CHEER

(Continued from Page 8)

The girls took right to her and when the other coach had to step away due to work and family, Parker said she stepped up. She enlisted the help of her mom,

“We will have a meeting with the people we need to meet with to resolve this issue,” Tompkins vowed.

Meanwhile, Caique North, of Browns Mills, has organized a GoFundMe for

rules and regulations” in how they pertain to a victim of a fire, pointed out that he just gave “that gentleman my business card and asked to have conversation, and for him to come in.”

levels equal to or exceeding the level of contaminants identified in the submitted test results, the concerned fill/soil material could remain on the parcel,” the letter notes. But it adds, “We believe it is unlikely that the preexisting soils on the parcel contain the above noted contaminants.”

Horner then instructs Pereira to please submit “one of the following”:

Groundwater and surface water quality testing conducted upstream and downstream of the fill/soil material demonstrating that it is not resulting in

Kathy Parker, and a year or so later, from assistant Latishia Edwards, who all bring something different to the mix.

The Champion Force cheerleading squads focus on the athletics and theatrics of cheerleading and work on competing rather than cheering on other sports teams. The squads are comprised of all females,

Visconti, noting “him and his younger son lost everything – their clothes, personal items, furniture, etc.” As of press time, 44 donations had been made, raising $6,290.

Visconti, during the Aug. 7 council session, noted the only thing unsafe on his property is the roof of his home that

degradation to either Pinelands Area ground or surface water;

Testing of the pre-existing soil on the parcel demonstrating that it contains contaminants that are equal to or exceed the level of contaminants identified in the submitted test results; or

A proposal, including a schedule, to remove all fill/soil material from the parcel by September 15, 2024

Horner also advises Periera that “within 30 days of receipt, the commission will review and respond in writing to any submitted information” and to “please

as of now, but Parker said males are also encouraged and welcomed. Cheerleaders compete in spring and fall in two different events, dance and stunts, Parker said. Coming off all the big wins, there is a new level of excitement keeping the squad riding high going into their fall season, which starts in September, Parker said.

caved in from the fire, which he has had no control over.

“As of today, I have gotten to meet with an architect with the architect drawings and approved of them, and they are going to start submitting the permits for electrical, etc.,” he said.

contact our Regulatory Programs staff” if he has any questions.

When originally queried about the purpose of dumping all that soil on the site, Periera said it was intended to make an existing access road suitable for vehicles to access the rear of the property in order to harvest cranberries and blueberries there.

The owner of record of the tract involved is a Philadelphia-based entity, Zero Magnolia, LLC. Periera has up to now acted as its on-site representative, although whether he has an actual ownership role has remained unclear.

“The girls want to bring it harder than last season,” she declared. “We’re hoping to bring home first place in all three age divisions.”

To become part of the team, visit www. championforce.com and register using the class code 12777. Parker said it’s possible to sign up anytime up to 3 weeks before any big competition.

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