Public Records Reveal Southampton’s Mayor, Township Administrator Much More Involved in Interconnection Plan Than They Both Let On Mikulski Signed Notarized Agreement with Plan Containing Unit’s Drawings
Cited as Attached Exhibit, While Hoffman OK’d Rare Road-Opening Exemption
B y
D
ouglas D. M elegari
Staff Writer SOUTHAMPTON—The mayor of Southampton Township, Mike Mikulski, as well as Kathleen D. Hoffman, township administrator and clerk, were far more involved in the Interconnection Route Plan that led to construction in the middle of a LeisureTowne retirement community neighborhood of a controversial, 20foot long by 8-foot-tall electrical unit “switchbox” that is for a solar farm at a nearby landfill, public records obtained by the Pine Barrens Tribune indicate, than either one of them previously let on.
By Bill Bonvie Staff Writer
PEMBERTON—If there is any conclusion to be drawn from the Pemberton Township Planning Board’s latest meeting on the community of senior homes proposed
for a nearly 700-acre tract off Lakehurst Road at the edge of the Browns Mills section of the township, it is that the review process now underway is nowhere near being concluded—nor has a final draft of the project itself, a somewhat downsized
phase of which is currently being discussed, even been presented at this point.
What is also evident is that a good many local residents remain vehemently opposed
Mikulski, according to the records obtained by this newspaper, signed a Township Easement Agreement in August 2022 that was notarized by Hoffman, with a detailed Interconnection Route Plan cited in the agreement as an exhibit. That plan, as previously reported by this newspaper, included the diagrams and specs for the electrical cabinet at issue.
Meanwhile, Hoffman, in issuing a separate road-opening permit for the
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NOT YET OUT OF THE
Debatable
While The Prospective Developer of a Senior Community Proposed for a 700-Acre Forested Tract off Lakehurst Road in Browns Mills Has Inherited Prior Approval of a General Development Plan, How Much of an Advantage It May Be in Getting a Green Light for the Project
Itself Is
Photo By Bill Bonvie
See WOODS/ Page 5 See RECORDS/ Page 4 GUIDE PG. M1 Expires 6/2/2023
Residents of the Country Lakes development who attended the latest meeting of the Pemberton Township Planning Board with homemade signs objecting to
a proposed emergency access road for a planned development they fear might bring increased traffic
to their neighborhood.
Ordinances Proposed in Pemboro Would Hold ‘Abutting’ Landowners
Responsible for Sidewalks, Update Vacant Property Registration Law
Resolution Calls for ‘Surplus Properties’ Belonging to County Be Put to Auction with Others Okaying Davis Street Engineering Work, Raises for Part-Time Cops
By Douglas D. M elegari Staff Writer PEMBERTON BOROUGH—Progress
is apparently being made on a number of issues that have come before Pemberton Borough Council since last year, with the introduction of a pair of ordinances on May 15, one that would better address “vacant and abandoned properties” in foreclosure by bringing about uniformity with state law, and the other that would set forth regulations and responsibility pertaining to “sidewalk and maintenance repairs,” all in addition to resolutions passed that day making a request to Burlington County in relation to properties on County Route 530 that the borough would like to turn back into ratables, authorizing engineering work for a street riddled by sinkholes and bumping up the pay of part-time police officers.
This newspaper has reported extensively on residents of the municipality taking issue with vacant properties in town (though some at issue are not necessarily controlled by creditors as is addressed in the proposed ordinance), in addition to heaved sidewalks reportedly throughout the borough.
Diane Fanucci, a vocal resident turned councilwoman, has also continually raised the need to do something with properties in the borough along County Route 530 that were obtained by the county and later cleared of businesses when the county embarked on widening the roadway to four lanes. With the road widening project now complete, the acreage of land remaining does allow for development, which officials contend the borough needs to help give a boast to its otherwise limited revenue stream.
The proposed vacant and abandoned property ordinance, obtained by this newspaper, amends the borough code that “establishes a property registration program to address the risk of blight created by properties on which foreclosure proceedings have been initiated, particularly properties that become vacant and abandoned.” The impetus behind the change, in part, is the “state requires that a municipality utilizing a property registration program to conform to uniform procedures which results in the need to revise Chapter 152 in its entirety.”
A creditor, through the soon-to-be revised rules, would be obligated to register a property in foreclosure with the borough clerk and pay an annual fee.
The measure would set an annual fee of $500 for each property “for which a summons and complaint has been filed in an action to foreclose a mortgage.” An additional annual fee of $2,000 would be required to be paid if the “property is
vacant or abandoned when the summons and complaint is filed, or becomes vacant and abandoned at any time thereafter while the property is in foreclosure.”
Property registration fees would be due the first of each year, and the initial registration fee would be prorated for registration statements received less than 10 months prior to that date. The fees are municipal charges, so that a failure to pay shall subject a property to tax sale, according to the proposed ordinance.
An out-of-state creditor who is found by a court to be in violation of the requirement to appoint an in-state representative or agent, according to the proposed law, would become subject to a $2,500 fine for each day of violation, with the fines set to commence on the day after a 10-day period for providing notice to the borough clerk that a summons and complaint in an action to foreclose has been served.
A creditor found by a court to be in violation, other than for a failure by an out-of-state creditor to appoint an in-state representative or agent, would be subject to a fine of $1,500 for each day of the violation, with the fines set to commence 31 days following the creditor’s receipt of the notice of violation, except if the violation presents an imminent risk to public health and safety, fines would commence 11 days following receipt of the notice of violation, it is stated in the proposed ordinance.
“I like that we have the fine up to the maximum,” declared Fanucci in response to the introduction of the municipal ordinance.
The councilwoman then pointed to a proposed bill being considered in the Legislature pertaining to “maintenance of vacant, residential properties” that would enable a $1,500 a day fine, if passed, to be assessed to the owner of any vacant, residential property, purchased through sheriff’s sale, if they “fail to maintain their property.”
Should the bill pass the Legislature and become enacted by the governor, Fanucci asserted, “I am thinking we might want to add that also,” or amend the proposed ordinance, with Borough Solicitor David Serlin confirming that amending the proposed law in the future to incorporate an addition is a possibility.
Serlin, during the summer of 2022, as residents of Pemberton Borough pushed for “dangerous” and “horrendous” sidewalks in town to be fixed, declared “sidewalk law is confusing as hell,” before adding, “to impose responsibility on the homeowner, that is logical, but the state is not going to let us do that.”
‘Concerning Message’ Found at Beeler School Determined to Be ‘Prank’
EVESHAM—A “concerning message”
found at the Beeler School in Evesham Township with someone threatening in it to “shoot up the school,” according to the Evesham Township Police Department, was determined to be a “prank.”
The message, according to authorities, written in chalk on the exterior wall of the school at 60 Caldwell Avenue, was found on the evening of May 13, prompting a police response.
“The message read, “I’m going to shoot up the school,’” said Evesham Police in a press release. “Investigating officers and detectives immediately notified the Evesham School
District and began a cooperative investigation.”
Initially, according to police, persons of interest were developed, but the suspects were unidentified. Ultimately, “several investigative leads” led police to identify “all the involved subjects,” it was reported.
“It was confirmed to be a prank and there is no legitimate threat to the school, students or staff,” Evesham Police wrote. “We want to thank our partners at the school district and our School Resource Officers (SROs) for assisting in a quick resolution to this matter.”
Superintendent Justin Smith did not return a request for comment on this story.
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Woodland Now Financially ‘Very Healthy’ Five Years After Financial Woes, Town’s Professionals Report During Recent Passage of $1.4M 2023 Budget Township Realizes $94K Increase in Surplus Over 2021, Bringing It to $1.89M
By D ouglas D. M elegari
Staff Writer
WOODLAND—A municipal budget has been adopted in Woodland Township that essentially “calls for a flat tax rate,” according to Township Auditor David McNally, of Holt McNally & Associates.
“The effect on the average homeowner in town will actually be a small decrease (in taxes),” McNally maintained.
More specifically, according to McNally, a home assessed at $350,000 will have their local purpose taxes “actually go down by $6.”
The then-Woodland Township Committee, back in 2019, authorized a “substantial increase” in the local tax levy, with officials at the time, in citing a rough financial situation with a loss of Payment-in-Lieu-of-Taxes (PILOT) monies, contending it was a one-time maneuver and “we don’t see that happening, hopefully, for the next several years.”
Now, nearly five years later, McNally reports, in addition to the very slight decrease in local taxes, “the township is also very healthy with their cap.”
“We are $67,000 under the appropriation cap, and you are another $53,800 under your tax levy cap, which could be used in a future year,” McNally said.
Additionally, McNally noted that the township has realized a $94,000 increase in its surplus, with Rosmando adding, “we are only using $165,000 of surplus” toward the budget.
Rosmando revealed the township’s current surplus is $1.89 million. According to the 2023
budget document, the municipal surplus increased from $1,814,559 in 2021 to $1,899,108 by Dec. 31, 2022.
The current Woodland Township Committee approved the 2023 municipal budget in a 3-0 vote on April 26. According to the 2023 budget document, the total general appropriations is $1,493,197.64.
“We are actually in pretty good shape, financially, for the next few years,” declared current Woodland Mayor William “Billy” DeGroff in response to the news about the municipal budget.
Township Administrator and Clerk Maryalice Brown pointed out, however, “only local taxes are being decreased” and that “we have no control over the county or local school taxes.”
The Lenape Regional High School District (LRHSD) recently announced an increase of 2.81 cents in the regional school tax levy for Woodland, resulting in an increase in regional school taxes of $78.68 on a home assessed at the township average of $256,300.
The Woodland Township School District, according to local School Business Administrator Laura Archer, has passed a budget for the 2023-24 school year that will result in an increase in local school taxes of $72.20 on a home assessed at the township average of $256,300.
“A lot of times taxes go up and it is because of the school and county,” DeGroff said. “They (the residents) think it is because of us and it is not.”
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interconnection, based it on an exemption that is reportedly rarely granted. The permit was granted in January of this year.
Road Opening Permit Exemption
Mikulski, during a tense May 16 Southampton Township Committee meeting in which he denied having knowledge about the size and location of the electrical unit (which essentially connects the solar farm to Public Service Electric and Gas (PSE&G)’s electric grid) until it was delivered to Saint Davids Place, where it was ultimately installed, told the public he has been giving thought to different occasions during the approval process where “someone could have asked a different question … that I am not going to lie, we didn’t know to ask.”
One of those opportunities, he said, where he believed someone could have asked a “different question” was “with the road opening,” or a reference to the township having given CEP Renewables, LLC, the company which is conducting the Big Hill (BEMS) Sanitary Landfill solar project through its subsidiary, BEMS Southampton Solar Farm, LLC, a road opening permit, or what allowed the firm to cut open a newly-paved roadway in the retirement community to set the necessary underground infrastructure for the interconnection.
In Southampton Township, there is a fiveyear road opening moratorium on newlypaved streets, a process designed to preserve any road resurfacing work that is done.
“Whenever the township committee undertakes any action to provide for the paving or repaving of any street, the township engineer shall promptly mail
a written notice thereof to each person or entity owning sewers, mains, conduits or other utilities in or under said street or any real property, whether improved or unimproved, abutting said street,” a section of the township codebook states.
“Such notice shall notify such person(s) that street opening permits for openings, cuts or excavations and permits for work to be done prior to such paving or repaving shall be submitted promptly in order that the work covered by the street opening permit may be completed not later than 45 days from the date of the notice.
“The township clerk shall also promptly publish a similar notice of said action with the same information in the township’s official newspaper, thereby giving notice to the public, including state agencies and departments or other persons who may desire to perform excavation work in said street, of the township’s plans for said street, and that, following completion of the township-approved work, no further excavation will be permitted for five years.
“Within said 45 days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this section, as may be necessary to install or repair sewers, mains, conduits or other utility installations. In the event that any owner of real property abutting said street shall fail within 45 days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in said street shall be forfeited for a period of five years from the date of enactment of said ordinance, resolution or the passage of such motion. During said five-year period, no street opening permit shall be issued to open, cut or excavate said street unless, in
the judgment of the township engineer, an emergency, as described otherwise in this section, exists which makes it absolutely essential that the street opening permit be issued.”
It is continued in the road opening provision of the township code that “even in the event of an emergency, however, a road opening shall only be permitted if the permittee has on file a sufficient performance bond to ensure proper restoration of the affected roadway area.”
The Southampton Township Committee, in 2017, heard a plea from a resident requesting a road opening permit
for natural gas service, but was denied the permit, with the case reportedly ending up in court.
There are only two provisions in the code that allow for a waiver to be granted.
One way is that “in the case of a subdivider, where escrow funds or other suitable guaranty for complete reconstruction of an existing road has been provided and where proper approvals for all proposed work have been obtained, the administrator may waive these requirements.”
The other way a waiver could be granted
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to it, as was indicated by the packed meeting room that greeted the board members when they convened on the evening of May 22 for their third session on the proposed Liberty Woods development (although any questions or comments from the hundred-plus residents in attendance had to be deferred until the next meeting scheduled for June 26 at 7 p.m.).
But interviews that the Pine Barrens Tribune has conducted with parties involved in the prolonged process have revealed that, although the eventual outcome is anything but certain at this point, the facts that the proposed use of the land is in accord with local zoning requirements and that the applicant already has prior approval for a general development plan (granted to a previous owner of the property) as well as for a subsequent redevelopment plan may give the project’s developer a definite legal advantage, albeit by no means a decisive one.
“Generally speaking, when a developer submits a plan for development that conforms
to the zoning, they’re entitled to an approval,” maintained Township Planner David Banisch, who serves as a consultant to the board.
But at the same time, Banisch said he wasn’t sure he could predict the outcome of this particular application.
William F. Harrison, of the law firm Genova Burns, the attorney for the applicant, Equity Enterprises of Allenhurst, who was queried by the board at the latest meeting along with Jason McNee, a representative of prospective developer Ryan Homes, of Voorhees, and Richard E. Oberman, Jr., a senior project manager at Newlines Engineering and Surveying, of Lakewood, also said in response to a question from this newspaper that he thought the board would be obliged to vote in favor of the application “if we meet all the requirements.”
And while his client is now asking the planners for a variance to allow one of those requirements calling for the inclusion of a clubhouse in the first phase of the development to be put off until either the next phase has begun or when most of those units have been purchased, Harrison acknowledged that the board could continue to require that it be built as a condition of approval.
A variance to defer construction of the
clubhouse, while within the planning board’s power to grant, was something that apparently did not sit well with some of its members, one of whom, Claudia Storicks, predicted that a result of not having one immediately available to residents would be that they are “going to fill up our senior center,” the use of which she maintained is “already burgeoning.”
The latest version of a plan for Phase I has seen a reduction in the number of homes to be built, from 101 to 89 units.
Another individual interviewed for this article, a planning board member who preferred not to be identified, contended that the fact “they have this (previous) approval in hand grants them certain specific vested rights,” and that “they would have to do something totally egregious or change the plans in a radical fashion” in order for the board to nullify it. But at present, that board member’s impression, based on testimony presented at the latest hearing, was that the developer was attempting “to adhere as closely as possible to the general development plan application,” in which case, “the outcome is basically a fait accompli (an accomplished fact).”
Board Solicitor William Sitzler, however, was unwilling to go that far, telling this
newspaper that in his view, “there is no legal obligation (on the part of the board) to grant anything.”
“Any application has a whole panoply of issues they have to address,” Sitzler noted, including “having to meet the requirements of the municipal land use law.” And while “any (prior) approval has certain rights that are appended to it and the board has to consider those in weighing the evidence,” its members are also required under that law to employ “due process” in considering input from the public, and how much credence to give it.
And there are other factors that may well influence the final disposition of the application, he said, and that may override any previous approvals the township may have granted in past years.
“It’s very likely that a project of this scope and magnitude is going to need a lot of outside agency approvals,” said Sitzler, especially from the Pinelands Commission, as well as the New Jersey Department of Environmental Protection (NJDEP). “Any approval this board gives them is conditioned upon any outside agency approval that is required, and that has jurisdiction over this. They can make
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A large crowd shows up to a Pemberton Planning Board meeting to protest and question plans for a senior housing development.
WOODS
(Continued from Page 5)
an applicant conform to what they require.”
One such consideration is the need to meet the requirements of the NJDEP’s two-year-old Stormwater Management Plan, which, as was indicated at the latest meeting, calls for the use of “green infrastructure” to absorb and filter runoff in a more natural manner that follows the contours of the property, resulting in project engineers having to reconfigure the original plans for drainage basins. And the Pinelands Commission, the solicitor pointed out, has already vetoed a recommendation for an emergency access road at the rear of the development that it claimed would interfere with the habitat of pine snakes and barn owls as well as transgress on sensitive wetlands.
The location of access roads, in fact, and the question of whether an additional one for emergency use should be included, has already been a source of considerable controversy, with a number of residents of the Country Lakes development showing up with signs reading “No second entrance in Country Lakes,” intended to convey their opposition to allowing Split Rock Road, which borders their neighborhood, to potentially be used for that purpose, since people who move into Liberty Woods might be inclined to use it as a short cut to Route 70.
Noting that the developer is trying its best accommodate the township’s desire to incorporate an emergency access road in its plans, Harrison told this newspaper that in the event this particular road is utilized, “we will do everything we can to make sure it is forever (only) for emergency access.”
One reason why a rear emergency access road should be included in the plan, according to Board Member and Secretary Richard Brown, is the “extreme” potential danger of a forest fire “burning through your development,” particularly as it is extended into a more heavily wooded section of the property, something Brown called “problematic at best.”
Harrison, when asked by the Pine Barrens Tribune about that possibility, while acknowledging that wildfires are always one of the hazards of living in the woods, replied that “this is why the township (in accord with Pinelands Comprehensive Management Plan [CMP]) requires a perimeter fuel break around the development to make sure that doesn’t happen.”
In addition to the effect that edicts from outside agencies might have on any potential approval of the project, there is also the possibility that whatever decision the planning board ultimately makes could face a challenge in New Jersey Superior Court, either from the developer in the event the application is rejected or from an aggrieved citizen (or citizens) who feels that some negative aspect
ORDINANCES
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Now, over 10 months later, borough council introduced a “sidewalk and maintenance repairs” ordinance with the introductory paragraph stating “WHEREAS, N.J.S.A. 40:65-14 enables a municipality by ordinance to require the owner of a property abutting a sidewalk to maintain and repair the sidewalk in accordance with municipal standards.”
“The borough council has determined that to ensure the public safety and improve the appearance of the borough, abutting landowners should be responsible for the expense of maintaining and repairing sidewalks,” the proposed local law continues.
The measure further specifies it would be “the responsibility of the landowner
of the plan being approved is serious enough to merit filing a lawsuit and engaging a lawyer to represent them.
In fact, Sitzler contended, a resident of the surrounding community could even hire an attorney to be an objector during these hearings.
“Any member of the public can file an appeal, if they have the wherewithal … even someone who hasn’t attended all the meetings,” Sitzler said. “Anyone can ask that (a decision by the board) be overturned. In any land-use case, there is an absolute right to appeal it through the court system.”
Objections to the proposed development (which if all planned phases are eventually completed would contain some 575 homes) expressed by local residents at the initial meeting in December included concerns about its effects on an already strained infrastructure and sewer lines that tend to break repeatedly; the added traffic burden and danger of additional accidents posed by putting older drivers on roads that are constantly being repaired and have poor drainage and its impact on already “stressed” emergency personnel; the prospect of all those new residents creating “empty shelves” at the one supermarket in Browns Mills, and the loss of some “very old and beautiful trees” and of forested acreage that has long provided a place for local youngsters to enjoy the outdoors.
Townspeople have also voiced worries that the development will end up as housing for people of all ages, citing examples of developments intended for seniors where this has purportedly occurred, although the developers have promised that the properties involved would be scrupulously deed restricted.
“As part of the public hearing process,” Banisch pointed out in speaking with this newspaper, “members of the public are entitled to ask questions and to comment, just as they have the right to do in any other public hearing on any other matter.”
“And the planning board is going to listen to everything that comes before them during the course of the hearing and weigh the evidence,” asserted the planner, who previously advised attendees at the board’s December session that it would merely be the first in a series of meetings on the matter.
Then, too, as Sitzler noted, there is the fact that after three hearings on the subject, “they are barely getting into the meat of the application.” But already, he added, there have been changes made to the initial plan, “some minor, some major.”
All of which has the potential of drawing out these hearings for months to come before any decision is rendered.
Or, as the board attorney commented, “It’s very hard to predict how long this will take.”
of the property abutting the sidewalk to maintain and repair the sidewalk in a safe and structurally sound condition.”
Councilwoman Melissa Tettemer asked Serlin to define “abutting,” to which he replied, “next to,” and also confirmed the councilwoman’s summarization that it “basically means the one in front of your house.”
Councilman Steven Fenster, in pointing out that in some areas of the borough there is “no gap” between a residence and the sidewalk, while in other areas there might be as much as a “several feet” gap, asked the solicitor, “Does it have to be within ‘X’ number feet?”
Serlin responded it would “still be considered a public sidewalk,” having earlier explained “the definition of a ‘public’ sidewalk” is one “used publicly and not on private property.”
It is stated in the proposed law that the borough engineer “has the authority, upon
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receipt of a complaint from the borough administrator, to inspect a sidewalk to determine if it has become necessary for the public safety to require the maintenance, repair or replacement of the sidewalk.”
The proposed ordinance continues that once the borough engineer certifies to borough council that any “sidewalk requires maintenance, repair or replacement,” the expense of such “shall be the responsibility of the landowner of the property abutting the sidewalk.”
Another proposed stipulation in the draft ordinance is that “prior to directing that any work be performed by the abutting landowner,” the borough engineer is to determine if the issue resulted “from the growth of roots from a tree planted by the borough, or because of any action by the borough.” If that is the case, “the condition shall be corrected by the borough,” it is noted.
“The engineer will be able to do an
assessment to determine whether or not a sidewalk has to be repaired, or whether it is under the bailiwick of the homeowner or the borough,” Fanucci said. “In other words, if it is a tree the borough planted making the sidewalk go up, when would the engineer do the assessment? Do we have to call?”
Serlin replied any complaints should go through the borough administrator, who should then “make a judgement” in contacting the borough engineer.
The pair of draft ordinances were introduced in a 5-0 vote, with one councilwoman absent due to a family health matter. They will be up for a second reading in June.
The resolution passed by council in hopes of returning several County Route 530 properties, currently in the hands of the county, to the local tax rolls starts out by noting a “significant number
properties
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RECORDS
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is “in the case of a contractor performing work for the Township of Southampton, the township administrator may waive the requirements of this section.”
Mikulski, during the May 16 committee meeting, maintained “we don’t see road opening permits, as a township committee, as a rule,” and that in the seven years that he has been on the governing body, he has potentially seen up to two applications.
“It is not routine that it comes to us,” he declared. “We don’t vote on them. I am not trying to point the blame at anyone – not our staff, consultants, the LeisureTowne Board, contractor or owner.”
However, when outspoken resident Phyllis Peak, of Saint Davids Place, who has since been designated the point person for residents of the street in expressing concerns about the unit, asked, “Who then sees them?”, Mikulski responded, “They go through the construction office in most situations.”
“They are routine,” he continued. “Which is why we don’t vote on them.”
Public records obtained by the Pine Barrens Tribune from the Pinelands Commission, however, reveal that Steve Gouin, an attorney who represents CEP Renewables, sent a “communication” that ended up being received by Hoffman, asking the township to “waive the township’s road opening moratorium language in the municipal code.”
Hoffman acknowledged receiving Gouin’s request in a Jan. 20, 2023, letter she wrote to
the attorney on township letterhead.
“Steve,” writes Hoffman in starting her response. “I am in receipt of your Jan. 11, 2023, communication seeking permission on behalf of BEMS Southampton Solar Farm, Inc., the named redeveloper for the solar project, to waive the township’s road opening moratorium language in the municipal code. Because this is a redevelopment project for the township, the opportunity for a waiver exists under the code which states: ‘§9-1.12 Waiver of requirements. (B.) In the case of a contractor performing work for the Township of Southampton, the township administrator may waive the requirements of this section.’”
“To ensure the newly paved roadway is not damaged or, if it is, to ensure that it is repaired to existing standards, your client has agreed to post a $50,000 maintenance guarantee and repave a 20-foot swath from curb to curb for any test pit holes that are needed in Buckingham Way,” Hoffman continued. “Because Buckingham Way was paved just several months ago, the pavement repair should be completed in a manner that will match the existing roadway.”
Hoffman, when asked May 2 by this newspaper who approved the unit, responded, “I am not sure, I would have to get back to you.” She also reportedly told residents for the better part of a weekand-a-half following the eruption of the controversy that she didn’t know who approved the unit, that is until May 11, when she purportedly provided Peak at town hall with a copy of Resolution 2022-79, passed unanimously by the Southampton
committee, in which the governing body approved the interconnection plan.
The Pinelands Commission has previously told this newspaper that the Aug. 16, 2022, resolution “represented the municipal approvals” for the electrical unit, and the corresponding, 15-page Interconnection Route Plan, from July 2022, mentioned twice in the resolution, contains numerous diagrams, technical specs and location maps for the unit that has now been constructed.
Hoffman, in the May 2 interview with this newspaper, confirmed Environmental Resolutions Inc. (ERI), the township’s special project engineer, is assigned to oversee the solar project, with ERI’s Southampton representative Rakesh Darji. It is noted in the plan that it was revised several times based on reviews by ERI.
The township administrator notes in the Jan. 20 letter to Gouin granting the road opening permit that “Mr. Darji or his representative will be required to be on site during the entire process occurring on Buckingham Way and shall be granted complete oversite during the work on that roadway.”
“This means that if he sees something awry, he can immediately stop the work or require additional curing mechanisms not specifically identified in this waiver letter,” she continued. “You agree to abide by his decisions without appeal. Mr. Darji will also work with your client to ensure that the equipment used is appropriate and does not damage other portions of the roadway and the repair is made according to municipal standards.”
Hoffman signed the Jan. 20 waiver letter.
“The continuance of the maintenance guarantee for the entire length of the existing maintenance guarantee will
ensure that the township maintains protections for all of Buckingham Way,” wrote Hoffman to Gouin. “Expect that the guarantee will be posted for two full years.
“Based on the above and the posting of the $50,000 guarantee, I authorize a waiver pursuant §9-1.12(b) according to the terms identified herein and which may be directed by the township during actual work or the repair process.”
Mayor Signs 2022 Easement Agreement
During the May 16 committee meeting, resident Donna Haines had asked the township committee, “Why couldn’t there have been a halt, while you find answers to your questions?” She pressed officials as to why the project can’t be stopped.
Mikulski, at the time, replied it is “complicated” because of there needing to be a “legal analysis of contracts, obligations, and easements LeisureTowne has signed, and easements we have signed.”
“I am not trying to not answer it,” the mayor added. “It is not something I can answer legally in this forum because it is not a one-word answer.”
Hoffman, in answering May 19 an Open Public Records Act (OPRA) request for a copy of the Interconnection Route Plan in the township’s possession, also provided an additional document to this newspaper: a copy of a Township Easement Agreement between the township and BEMS Southampton Solar Farm for the solar company’s use, in part, of the Saint Davids Place township-owned island, which essentially paved the way for the electrical cabinet to be built there.
The eight-page easement agreement was entered into on Aug. 29, 2022, and was signed by Mikulski, and then notarized
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LeisureTowne Resident Donna Haines puts a question to Southampton Mayor Mike Mikulski about why the Southampton Township Committee isn’t putting a stop to the solar project.
Photo Provided
A manhole reportedly being installed for the electrical unit on Saint Davids Place, with a resident pointing out to this newspaper that the work has caused water to collect.
See
RECORDS/ Page 8
(Continued from Page 7)
by Hoffman.
“WHEREAS, the township is the owner of certain variable-width RightsOf-Way located in LeisureTowne, which are commonly known as Kingston Way, Sterling Place, Buckingham Drive and Saint Davids Place,” the agreement reads in part. “WHEREAS, the township desires to grant to Solar a non-exclusive (a) Temporary Construction Easement (defined below) and (b) Interconnection Easement (defined below) under, beneath and through the township property; and WHEREAS, the locations of both the Temporary Construction Easement are to be generally as shown on the Interconnection Route Plan.”
The most direct answer to Haines’ question appears to be contained in stipulation number three of the Township Easement Agreement.
“During the period of construction, the township will do nothing to impede Solar’s construction activities on the township property with respect to the appurtenant facilities, subject to Solar’s compliance with all applicable laws and township ordinances,” it is stated in the stipulation. “During the period of construction only, in addition to the access to the Interconnection Easement Area, (the) township will provide Solar, its contractors, employees, agents and
permittees access to so much of the township property as is reasonably necessary under the circumstances to complete the construction, installation and implementation of the Interconnection Improvements (the ‘Temporary Construction Easement’).”
Per stipulation three of the agreement, the solar company was to provide the township with “advance notice” of the construction.
Haines question is further answered in stipulation number two of the agreement, or the one titled, “Purpose of Interconnection Easement,” in which it is stated, “The purposes of the Interconnection Easement are to grant Solar, its contractors, employees, agents and permittees (collectively, the ‘Solar Parties’):
• (1) the permanent, non-exclusive easement and uninterrupted right from time to time to place, erect, construct, install, use, operate, patrol, inspect, maintain, repair, reconstruct, renew, add to, relocate and remove at will, the interconnection lines, wires and all appurtenant facilities, underground wires, ducts, conduits, cables, anchors, guys, lightning protective wires, attachments, equipment and appurtenances for the transmission and distribution of electricity and the operation of communication systems (the ‘Interconnection Improvements’) under, beneath, and thorough, and to access the township property;
• (2) the right from time to time to install such additional apparatus and equipment
as Solar may deem necessary (which shall be deemed to be included in the definition of ‘Interconnection Improvements’ set forth above) and the right to remove said facilities or any part thereof;
• (3) subject to Paragraph 9(a), below, the right from time to time to clear and entirely remove everything, including buildings, from the Interconnection Easement Area to the extent that any, in the judgement of Solar, unreasonably interfere with or endanger the aforesaid Interconnection Improvements; together with the reasonable right of access over township’s property to the Interconnection Easement Area; provided, however, Solar shall pay any damages it causes to township property and shall do nothing to interfere with or disturb any pre-existing utilities or utility easements in the township property as set forth in Paragraph 4, below; and to allow the solar parties reasonable access to the township property for the purpose of maintaining, repairing and upkeeping the Interconnection Improvements described in this paragraph (‘Ongoing Maintenance’).”
Gouin prepared the Interconnection Easement that Mikulski executed, per the top right-hand corner of page one of the document.
As the Pine Barrens Tribune previously reported, Hoffman, following Peak being handed May 11 a copy of Resolution 202279 and the Interconnection Route Plan showing the township committee approvals, admitted to this newspaper that the plan was circulated to the township committee in advance of the Aug. 16, 2022, vote.
A diagram on page 10 of the plan contains the dimensions of the electrical unit, including the height of the cabinet. Other diagrams in the document contain specifics showing the unit and its placement on the Saint Davids Place island.
On May 16, resident Susan Stinson alleged that Hoffman, “told one of our residents you are just going to have to live with it.” Peak, who ultimately followed Stinson at the dais, publicly attested the remark was told to her by Hoffman. Hoffman mumbled from the dais, “that’s not true.”
Mikulski, on May 16, told residents that “we didn’t know where the exact connection was going to be” and “we learned of the size of the box when it was delivered to the site.”
“There is nothing on the plans that came before this committee that had the dimensions of the height of the box,” he said. “You don’t have to like that answer, but that is the factual answer.”
Gregg A. Shivers, an attorney representing the LeisureTowne Association and its Board of Trustees, at one point during the session declared, “Nowhere did I see any document that was submitted, so far, that was either submitted to LeisureTowne, or the township, that described this box.”
Mikulski, as previously reported by this newspaper, in response, declared “that is absolutely true,” before adding, “We didn’t see it either.”
The 15-page Interconnection Route Plan was cited in the Township Easement Agreement, which Mikulski signed, as being attached to it as Exhibit C.
Additionally, on page one of the easement agreement, in the fourth paragraph, it states, “WHEREAS, the West Array is proposed to interconnect to the distribution point system of Public Service Electric and Gas (‘PSE&G’) at a point of interconnection (the ‘POI’) shown on the Interconnection Route Plan prepared by Collier’s Engineering, attached as Exhibit C ((the ‘Interconnection Route Plan’) and WHEREAS, in order to connect to the POI, Solar requires an easement from the township for (a) the construction and installation of certain interconnection Improvements (defined below) in the township’s Right-of-Way located in the LeisureTowne residential community located immediately to the west of the BEMS Landfill (‘LeisureTowne’) and (b) the maintenance of said Interconnection Improvements for the life of the West Array.”
The document then goes on to list the streets to be included in the West Array, including Saint Davids Place.
The phrase “Exhibit C” on page one of the easement agreement, in the fourth paragraph, is even underlined.
Hoffman sent this newspaper the agreement two different times (the initial version having not been signed by the mayor), with the Interconnection Route Plan attached to the easement agreement, as if to further indicate it was included at the time of signing, though she did not respond to this newspaper’s questions asking for clarification if the plan was presented at the time of the mayor signing the easement agreement.
However, according to the New Jersey Notary Public Manual, any certificate should be “executed contemporaneously with the performance of the notarial act” and a “notarial officer may not affix the officer’s signature to, or logically associate it with, a certificate until the notarial act
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Resident Phyllis Peak, of Saint Davids Place, challenges a statement from Southampton Mayor Mike Mikulski.
See RECORDS/ Page 12
Southampton Township Mayor Mike Mikulski responds to a question posed to him about why the municipality can’t put a stop to the solar project following construction of the electrical “switchbox” on Saint Davids Place in LeisureTowne.
MAY/JUNE
May 29
Events and special promotions happening locally this month!
Pemberton Twp.’s Memorial Day
Parade
Location: Pemberton Township
Details: Pemberton Twp.’s Memorial Day Parade and Commemorative Service will be held May 29. The parade kicks off at 10 a.m. from the Stackhouse School, 125 Trenton Rd., Browns Mills. The Commemorative Service will be conducted at Pemberton’s Veterans Memorial Park, also in Browns Mills. Freedom relies on those who are willing to serve. Some paid the ultimate price. Come honor their memory and sacrifice. This event is hosted by Pemberton Township; Veterans of Foreign Wars, Post 10065 & Auxiliary; and the Pemberton Twp. Veterans Advisory Council.
June 1
Train Rides Through the Woods of New Gretna
Location: Bass River Township
Details: The Woods of New Gretna Park and the New Jersey Shore Live Steam Organization provide train rides for all each Saturday and Sunday, from 10 a.m. to 4 p.m. The small steam locomotives, and other trains, wind their way through the beautiful park. The rides are provided by a group of dedicated volunteers who have revitalized the park and laid out the railroad track, based on the historical Tuckerton Railroad. The volunteers maintain the railroad and walking trails, and are constantly expanding them. Riding the trains is free, but donations are very much appreciated. The train rides are outdoors.
June 3
Community Family Fun Day
Location: Vincentown
(Southampton Township)
Details: The First Baptist Church of Vincentown is having a Family Fun Day on June 3, from 11 a.m. to 2 p.m., on the church grounds, 39 Main St., Vincentown. This event is free and open to all. There will be age appropriate games, prizes, crafts, face painting, tours of the church and free refreshments! For more information, please call 609-859-8967, or visit www. fbcnj.org and www.facebook.com/
FirstBaptistChurchofVincentown.
June 5
To promote your July event on this page contact Jayne Cabrilla at 609-801-2392 or email news@pinebarrenstribune.com
June 10
HELLO
Vincentown Village Featuring Plum Street
Location: Vincentown
(Southampton Township)
Details: The Southampton Historical Society is hosting a program “Vincentown Village Featuring Plum Street.” Historian Bob Ritter will share a video on Plum Street, which was produced in 2010, and is narrated by former Society Historian, Dorothy Best. The video highlights former homes and the prominent people who lived in them. Important buildings, such as the Fire Dept. and Methodist Church were also on Plum St. This program will be in conjunction with their annual Strawberry and Ice Cream Social! This program is free and open to the public. For more information, call Kathy Rosmando at 609-859-0524.
Celebration of Tuckerton
Location: Tuckerton Borough
Details: The annual “Celebration of Tuckerton” will be held on June 10, from 3 p.m. to 7 p.m., at the Dockside Café & Marina, 338 S. Green St., in Tuckerton. The event is sponsored by the Tuckerton Historical Society (THS, nonprofit, all-volunteer group has collected and a preserved local historical artifacts and information for over 50 years). THS also maintains the Giffordtown Schoolhouse Museum in West Tuckerton. The community celebration will include live music and food buffet, featuring BBQ pork, specialty salads, desserts and cooling beverages. There will be a gift basket auction, 50/50 raffle and door prizes. Seating is limited; advanced tickets are recommended. Donation is $25 per person (children under 10 are free). For tickets and more information, call 609-294-1547.
June 20
Trip to Harrah’s Casino
Location: Lumberton/Tabernacle
Townships (Pick-up Locations)
Details: The Pinelands Young at Heart Senior Club is sponsoring monthly casino trips to Atlantic City Resorts on the third Tuesday of each month. The price is $35, with $20 back to play at the casinos. The first pick-up is at 9:30 a.m., at the Lumberton Plaza, TD Bank parking lot. The second pick-up is at 10 a.m., at the Old Squad Building on Hawkins Rd. in Tabernacle. Enjoy drawings and Bingo games on the trip. Snacks and water are included. For more information, call JoAnn at 609-268-8951.
Page 9 ♦ CALENDAR OF EVENTS WWW.PINEBARRENSTRIBUNE.COM Saturday, May 27, 2023
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Garage sale on June 10 and 11, 2023. Jewelry boxes, cameras, hot wheels, leather jackets, 2015 Road Glide windshield, comic books, posters, toys, flatware, 20-ton jack and four stands, and shed tools. 4 Isleta Lane, Browns Mills. Call 609-893-3104 for more information.
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ORDINANCES
(Continued from Page 6)
within the Borough of Pemberton’s commercial zone were acquired” for the “public road improvement project known as the Burlington County Route 530 West Hampton Street Rehabilitation Project,” and that by “virtue of the loss of the properties to the project, the Borough of Pemberton has been negatively impacted by reducing its limited commercial tax base.”
It is then stated in the measure that “with the assistance of the Burlington County Engineer and the Office of the Burlington County Engineer, it appears that the following properties are no longer necessary for the Project: Block 101.01, Lot 5, and Block 101, Lots 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13,”
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also known as “surplus property.”
“The borough council wishes to have the surplus property returned to the borough’s tax base by being declared ‘surplus as no longer being necessary for the project,’ and for the County of Burlington to create one lot from the surplus property,” the resolution states. “The borough council also wishes to request that the Burlington County Board of Commissioners join with the borough council in requesting that the State of New Jersey Department of Transportation (NJDOT) approve the determination that the consolidated lot is no longer necessary for the project, and that it be sold at auction for a use or uses permitted in the West Hampton Street Redevelopment Plan.”
The decision to put the lot(s) on the auction block, it was indicated however, now rests in the hands of the county and state.
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* Reader Advisory: The National Trade Association we belong to has purchased the above classifieds with an asterisk. Determining the value of their service or product is advised by this publication. In order to avoid misunderstandings, some advertisers do not offer employment but rather supply the readers with manuals, directories and other materials designed to help their clients establish mail order selling and other businesses at home. Under NO circumstance should you send any money in advance or give the client your checking, license ID, or credit card numbers. Also beware of ads that claim to guarantee loans regardless of credit and note that if a credit repair company does business only over the phone it is illegal to request any money before delivering its service. All funds are based in U.S. dollars. Toll free numbers may or may not reach Canada.
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subject of NJDOT grant awards.
Borough council, via another resolution, authorized Pennoni Associates, Inc., for $35,200, to develop an engineering estimate, surveying and base mapping, construction plans and design, bid documents and specifications,
reports part-time police officers here have only been earning about minimum wage. Following an executive session of council, the governing body approved a third resolution that would increase the hourly rate for part-time police officers to $18 an
Saturday, May 27, 2023 AD HOTLINE: (609)
or SALES@PINEBARRENSTRIBUNE.COM
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801-2392
MARKETPLACE/JOB BOARD
Page
GARAGE SALE
Page 11 ♦ BUSINESS DIRECTORY WWW.PINEBARRENSTRIBUNE.COM Saturday, May 27, 2023 ELECTRICAL/SOLAR NJ ELEC LIC. #17352 NJ HIC LIC. #13VH06386900 PA HIC LIC. #PA103855 • Sales • Service • Installation JEFF PEREZ Owner/Operator 2127 Suite D, Route 206, Southampton,NJ08088 tel: 609 • 801 • 2420 Email: jperez@paradise-solar-energy.com www.paradisesolarllc.com BUSINESS & SERVICE DIRECTORY Local ELECTRICAL Phone (609) 859-2424 License HIC 13VH00274200 NJ State License #8759 Fax(609) 859-0941 Cell (609) 820-0292 Joseph Scialabbo Sr Licensed Master Electrician Joseph.S@Shamrock-Inc.com www.shamrock-inc.com 143 RedLion Rd P.O. Box2537 Vincentown, NJ 08088 SHAMROCK INC. Heating &Air Conditioning PEST CONTROL 1603 Route 206, Tabernacle,NJ08088 BATHTUBREFINISHING Free Estimates •Fully Insured Commercial/Residential •10% Senior and Veteran Discouunt • Tuband Tile Glazing • Countert r op Refinishing Ma king Old Tubs Lo ok New! Call Jorge609-752-2308• Emailquilesqualitytubs@yahoo.com NJ Lic.#0450332322 Over 10 Years Experience Quiles Quality Tubs SINCE 1989 Whole House Generators Backhoe & Bucket Truck Service A+ BBB Rating • FREE Estimates www.bearelectricco.com COMMERCIAL & RESIDENTIAL RUSS HUBSCHMAN OWNE 609-894-9014 ELECTRICAL AUTOMOTIVE ASPHALTPAVING CALL NOW forNoMoney Down Financing Options! 609-457-3959 •Roofing •Siding •Gutters •Paving Proud to be Local Women Owned Small Business HIC# 13VH11412400 NM-00497209 LANDSCAPING Lawn Cutting, Fer tilization & Bed Mainten ance Landscape, Shru b & Tree Inst allation “We Provide a View for You to Come Home To” Office: 609-268-1211 • Text: 856-297-5200 Em ail: classic@m ygogreen com • www MyGoGreen com NJ Lic. 13VHO1135600 Pest Lic. 98445A In Business Over 25 Years Credit Cards Accepted redit rds A pted PAINTING Garage Floors and More! • Decorative Concrete Floor Coatings Concrete Grinding and Surface Preparation www.we coa tco nc ret e. co m Want to talk now? ...Call me at 866 .654 .480 0 CONCRETE FLOOR COATINGS PAINTING 609-859-1633 609-654-7651 609-868-1178 Ser ving All Areas Fully InsuredNJLic 13VH08130600 Painting & Staining Residential -Commercial Interior -Exterior Power Washing NOBLE PA INT ING MATT NOBLE PAINTING 45 Years’ Experience LLC (Cell) MASONRY MASONRY AND CONCRETE REPAIRS •Brick •Block•Stucco •Stone •Concrete Since 1975 Call 856-268-7013 No JobToo Small! POWER WASHING 609-859-1633 609-654-7651 609-868-1178 Ser ving All Areas Remove mold, grime, dust and dirt from houses, buildings, decks and concrete surfaces. Fully Insured NJ Lic 13VH08130600 MATT NOBLE POWER WASHING 47 Years’ Experience (Cell) C A L L N OW T O S C H E D U L E CAL LN TO SCH EDU LE Y O U R A P P O I N T M E N T! YOU RA PPO INT MEN P O W E R W A S H I N G PO WER WA SHI NG Wash Away the Pollen PUBLIC ADJUSTERS Personaliz ed ser vice forhomeownersclaims: Joseph R. Moore Jr.Public Adjusters, LLC 609-330-2292 FIRE •SMOKE • IND •WATER•FL OD•ETC. MOKE •WIND •WATER •FLOOD •ETC. PR OP ER TY DA MA GE? Call JoeFirst! P.O. Box326 Medford, NJ 08055 email: joe@joemoorepublicadjusters.com JoeMoorePublicAdjusters.com POWER WASHING L i c e n s e d a n d I n s u r e d ro alpo er ashingllc@ ahoo.com ro alpo er ash.net 6 0 9 - 4 2 4 - 6 2 9 2 60 9- 424 -6 292
(Continued
has been performed.” The manual goes on that “the official stamp of a notary public shall be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated.”
Traditionally, this reporter, when getting tangible records or other documents notarized, has had to present all of them and their attachments at signing, before
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helicopter to view the wildfire from the air, reported that in later speaking with local tree grower, historian and laborer Horace Somes, “it has never been burned there before.”
Washington Township Mayor Daniel James then asked the local emergency management coordinator if the assumption still is “it was a lightning strike” that caused the wildfire, to which Simpson replied, “Yes.”
Simpson maintained “we had a lot of help” and “everything seemed to work out well, even between Atlantic County
the notary affixes his or her signature.
Mikulski, when asked by this newspaper about the township appearing in the easement agreement to have essentially given up its rights to interfere with the interconnection at Saint Davids Place, whether he was aware or has since become aware the Construction Office did not grant the road opening permit at the time of his May 16 remarks and whether Exhibit C, or Interconnection Route Plan, was attached to the Easement Agreement at the time of his signing the notarized document, issued the following statement, which came on the heels of a May 23 LeisureTowne Board of Trustees meeting, which again reportedly saw demands for answers and accountability from residents of the retirement community, as well as calls for the electrical cabinet to be torn down:
“I did attend the Leisuretowne Trustees meeting last night, listened to residents’ concerns, shared my frustrations and answered questions for over 2.5 hours,” Mikulski wrote. “I reiterated the
and Burlington County.” Washington is in the southeastern corner of Burlington County, with Atlantic County just across the Mullica River.
“We had 37 structures protected and obviously more resources available at the Lower Bank Tavern,” he said.
Only one structure suffered “very minimal” damage to its vinyl siding (which reportedly became warped from the heat of the flames), according to both Simpson and Committeeman C. Leigh Gadd, Jr., who is also the township’s public safety director.
“I do want to thank all the responding units that came to fight that fire,” Gadd declared. “There were over 50 fire companies that came from over three counties. A whole lot of resources were here for quite some time
information shared at the meeting with the Saint Davids residents last Monday (May 15) and at the township committee meeting last Tuesday (May 16) as well as what I have learned since.
“As I promised the residents of Saint Davids, we continue to explore all options and potential remedies available. The township continues to examine the entirety of this process from initial contact with the project, the discussions with the then-
and they did a phenomenal job.”
Gadd indicated it was remarkable that despite the blaze having at one point threatened 37 homes, the end result was “only minor vinyl damage to one house.”
“As everybody in town knows, we spent the next five days until we got rain Saturday night (April 22) putting it out because the area had never been burned before,” Simpson reported. “It would have smoldered until we got rain, no matter what we did.”
James said of the response it “went like clockwork.”
“The one thing that amazed me about the entire fire is that the fire trucks were sitting in people’s driveways, and you always used to go out and make sure they (the firefighters) had something to eat and drink,” James said.
LeisureTowne Board and each submission to the township.
“It is my belief that the township committee was not made aware of the full scope of the impact upon Saint Davids during the voting process, and we will continue to explore what recourse we have. As I committed to the Saint Davids residents, we will update them with all information we uncover.”
“Well, they went to go on their cellphones to call their family and had no cell service.
So, people in the homes were actually giving them their Wi-Fi access codes so they could hook up their phones and make calls while they were here fighting the fire.”
While the wildfire broke out in the Lower Bank section of Washington Township, Jeanette DePiero, of the nearby Green Bank section of town, said residents there were still “very nervous.” She recounted the first day she moved into town there having been a forest fire that caused embers to fall out of the sky “from far away.”
“Thank you – you saved us, whomever was involved,” DePiero declared.
Saturday, May 27, 2023 AD HOTLINE: (609) 801-2392 or SALES@ PINEBARRENSTRIBUNE.COM BUSINESS DIRECTORY ♦ Page 12
FIRE
from
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from Page 8) Photo Provided
Place.
A crane lifts an item for the
interconnection
project on Saint Davids
At right, is the electrical unit as viewed from a resident’s home.
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