Pine Barrens Tribune April 2, 2022-April 1, 2022

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April 2 - April 8, 2022

Tabernacle Township Considering Purchase of 19-Acre Parcel for New Municipal Complex

‘IT FELT LIKE THERE WAS A FUNERAL HERE’

By Douglas D. Melegari Staff Writer

TABERNACLE—With Tabernacle Town Hall deemed no longer safe for occupancy – though IT troubles and lack of internet connectivity have delayed a relocation of municipal services to temporary office trailers now in position in the parking lot of the municipal building, the Tabernacle Township Committee is eyeing a 19-acre lot on Carranza Road for a new municipal complex of some sort.

But there has been, so far, no public discussion of what that new complex might look like or comprise, and questions from the public about what the future plans are, if any, for the current town hall and municipal complex have gone unanswered as the Tabernacle committee has maintained a recent “thank-you for your public comments” policy, in addition to recently reducing each resident’s time to speak during public comment to two minutes and eliminating one of two public comment periods.

Committeeman Robert Sunbury, during a March 28 Tabernacle committee meeting, maintained that the New Jersey League of Municipalities “emphasized” during a recent “training” that public comment is “in fact public ‘comment.’”

“The public can advise us of things they would like us to consider, but it is not a question-and-answer period,” Sunbury maintained. “It is simply an opportunity to provide input.”

Additionally, while Township Solicitor Wi l l iam Bu r ns th is past month has c ont ende d there w i l l b e “mu lt iple” upcoming opportunities for the public to

Photos By Douglas D. Melegari

A resident walks his dog in Medford’s Freedom Park.

Medford ‘Takes a Pass’ on Allowing Animal Welfare Association to Use Freedom Park for Event to Raise Funds for Animal Supplies, Care; Fundraiser Relocated to Voorhees with Organizer Describing ‘Missed Wonderful Opportunity,’ ‘Shock,’ ‘Disappointment’ Not Only Did Non-Profit Aim to Bring Food Trucks, Taste Testing of Local Brews to Town, But It Also Planned ‘Cross Promotion’ to Have Visitors Patronize Main Street Merchants

By Douglas D. Melegari Staff Writer

MEDFORD—The governing body of Medford Township has decided to “take a pass” on a “special request” by the Animal Welfare Association (AWA) of New Jersey to hold a “special event” in the municipality’s Freedom Park on May 14, citing logistics and parking concerns, among other things such as setting a precedent for park use by “outside” organizations and a request to allow

FR EE

alcohol sampling (though the latter had been withdrawn).

However, a lone member of Medford council expressed some hesitancy in turning down the organization, believing the hosting of such an event would be a positive thing in helping to draw people to Medford for local commerce.

“Outside of bringing people to Medford, which I agree is a good thing, I am not sure that the good outweighs the potential issues,” asserted Medford Mayor Charles

“Chuck” Watson in response during a March 15 Medford Council meeting.

Ma r ia n Con ic el la , develop me nt manager of AWA, told this newspaper on March 29 that the team at the organization was “ver y, ver y disappointed” and “shocked” at the outcome, describing to this newspaper how there were not only several logistical meetings and discussions with township officials, but that a “cross See PARK/ Page 8

See COMPLEX/ Page 9

INDEX Business Directory...................................20

Marketplace..................................................... 22

Local News.................................................2

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Saturday, April 2, 2022

Lease to Erect Cell Tower Behind Lower Bank Fire Company Signed Residents Concerned It’s On Their ‘Doorstep’ Ask If It Can Go Elsewhere

By Douglas D. Melegari Staff Writer

WASHINGTON—A project to erect a cellphone tower in the Lower Bank section of Washington Township is “moving forward,” according to Deputy Mayor Paul Seybold.

S e yb ol d , du r i ng t h e Wa sh i ng t on Township Committee’s March 1 meeting, revealed that a “lease has been signed with the fire department.”

Wash i ng ton is s er ve d by t wo fi re companies, with the cellphone tower slated to go “back behind” the Lower Bank Volunteer Fire Company’s firehouse, noted Seybold, who is also a member of the latter fire company.

While the terms and conditions of the lease were not discussed during the latest township committee meeting, a legal notice published on Feb. 25 said that “Public Participation Valore, LLC, proposes the construction of a monopole-style telecommunications tower within a 80 foot by 80 foot lease area at 3 Fire House Lane, Washington Township, Burlington County, NJ.” The physical address for the Lower Bank Fire Company is 3 Fire House Lane.

But the particulars of the plan “has not (yet) been brought in front of us,” contended Seybold when the committee was asked by a resident about the project.

“The fire company is moving forward with it,” Seybold added. “Where it is (the status of the project) exactly, I don’t know, but it is in the hands of a gentleman who is going to propose it and is doing paperwork on it.”

The deputy mayor maintained that he

also didn’t know if the “gentleman” he spoke of “approached everyone he needs to approach,” such as the Pinelands Commission.

“He has not brought anything to the township yet,” Seybold reiterated. “But it is moving forward.”

Seybold pointed out that the individual planning to erect the cellphone tower “has to go through the same standards anybody else in the township would have to go through” to build something, including submitting any application for review by the municipal Planning and Zoning Board, receiving permits, and obtaining Pinelands Commission approval.

“A lot of money has to be put out,” Seybold said. “He is not going to move forward unless he has all the approvals.”

Seybold noted that he was aware that “Wetlands came down to make sure there are not wetlands in the area” as well as “perk tests were done for wetlands to see if there is water there.”

The resident who inquired on March 1 about the status of the project, John Dunleavy, as well as another who asked the same thing of the township committee last October, Mike Achey, also questioned whether the proposed location of the cellphone tower could be moved to townshipowned lands (such as an “old dump”), which are located “away from anyone’s houses.”

In October, Seybold replied to Achey that the “lease hasn’t been signed yet,” and, in doing so, noted that “the fire department is See TOWER/ Page 10

Washington Twp., County Have ‘Productive Meeting’ on Topic of Preparedness for Future Coastal Flooding Following Incident ‘Highway Notification System’ to Be Constructed for Crowley’s Landing

By Douglas D. Melegari Staff Writer

WASHINGTON—Following reports of inadequate preparedness ahead of a coastal flood event last fall that impacted portions of Washington Township, municipal and county officials have finally met in a virtual session that municipal Public Safety Director and Township Committeeman C. Leigh Gadd called “productive.”

This newspaper previously reported that despite weather predictions that called for moderate to major coastal flooding along the bayfronts and coastal areas of New Jersey on Oct. 29, Washington Township officials contended that both the New Jersey State Police and Burlington County were “not prepared” for the flooding that transpired, resulting in a “completely unacceptable” and “bad situation” that jeopardized public safety in parts of the municipality.

Local officials previously contended that many roads in Washington belonging to the county were flooded during the event, and signage and barricades were nowhere to be found. Responding State Troopers were said to have also left the scene. There were also purported communication troubles between the parties.

Several vehicles that became stalled out from entering the floodwaters were purportedly observed by a municipal official the following day when the water had receded.

However, no injuries were reported, though Washington officials stressed that there could have been a very different outcome.

A county spokesman later told this newspaper, in disputing the accounts of local officials, that no emergency calls pertaining to the flooding were received from Washington, and that a Washington official advised the county that a local fire company would keep flooded county roads closed until the water

receded. The spokesman also maintained that “the Burlington County Division of Roads and Bridges had ‘road closed’ signs prepositioned” in the municipality “for local fire and emergency responders to deploy if needed,” and no official complaints were received from the town.

Gadd, following that report, maintained it is the county’s responsibility to deploy signage, with David Simpson, Washington’s emergency management coordinator, again repeating there were phone calls made to the county.

The virtual meeting, according to Gadd, was held on Feb. 15 and included representatives from both the Burlington County Office of Emergency Management and Burlington County Division of Roads and Bridges, as well as Gadd and Simpson.

“We did express some concerns about lack of signage and distribution of signage,” said Gadd during a March 1 Washington Township Committee meeting in describing what was discussed during the virtual session with the county. “We have everything ironed out and it should not happen again, the next time we anticipate a problem.”

County officials, according to Gadd, “explained their situation manpower-wise and resource-wise,” but also did say “they have additional items available to use” once there is a concern of potential coastal flooding.

“It was a productive meeting, and we are satisfied with the outcome,” Gadd declared.

“We will see how things play out next time we have an anticipated flood event.”

Simpson, during a Nov. 9, 2021, Washington committee meeting, the first to follow the October 2021 flood, reported that one of the vehicles that apparently got stranded in floodwaters was found “the next morning” See FLOODING/ Page 11

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Short-Term Rental Prohibition Considered in Washington Twp. Airbnbs Currently Available Along Mullica River Would Be Impacted

By Douglas D. Melegari Staff Writer

WASHINGTON—Short-term rentals, including Airbnbs, could soon be prohibited in Washington Township, Burlington County, with at least two Airbnbs currently accepting reservations facing a possible future shutdown.

The Washington Township Committee, during its March 1 meeting, discussed the possibility of introducing a “short-term rental property prohibition.”

“This is a form of ordinance, a draft, for discussion purposes only,” said Township Solicitor Tom Coleman in reviewing the draft ordinance with the governing body.

“This is an ordinance being considered throughout the State of New Jersey, really in response to Airbnbs and short-term rentals, trying to curb some of the problems municipalities throughout New Jersey are having with short-term rentals.”

Those problems entail, according to the township solicitor, “people coming to town, having a good time and then leaving.”

“If it is to be considered, it prohibits a rental for less than 30 days,” Coleman added.

The Washington Township Committee agreed to proceed with “considering” the measure for introduction during its scheduled April meeting. It turned out there was not much of a discussion, at least for now.

Mayor Daniel James made the unusual move, however, of asking that the draft ordinance be posted on the township website. A link to the draft ordinance is now the top headline of the township homepage.

If the draft ordinance is introduced in April, it could be adopted as soon as May. The Washington draft ordinance is similar to an ordinance passed last year in Medford Lakes Borough, which drew some controversy from short-term rental hosts over private property rights and the economic impact it would have on them.

Coleman is a partner in the same law practice as Doug Heinold, who is the borough solicitor of Medford Lakes.

Medford Lakes had been receiving complaints about noise, lack of fire safety, lack of “hotel guest” insurance, property damage and decreasing property values in neighborhoods where short-term lodging rentals were allowed to exist.

Short-term rentals, the Medford Lakes law states, are “frequently associated” with “overcrowding, excessive noise, unruly behavior, obscene language, littering, parking of vehicles on lawns, blocking of rights-of-way, public urination, sanitation issues, poor maintenance of property and grounds, and violation of trash collection ordinances.”

That paragraph is repeated verbatim in the proposed Washington ordinance.

“The township’s experience, as well as common experiences, dictates the conclusion that short-term rentals frequently result in a public nuisance, noise complaints, sanitation issues, overcrowding and illegal parking within the resident neighborhoods of the township and essentially convert residential dwelling units into uses equating to, or See RENTAL/ Page 11

Vincentown Village Sewer Rate Hike Approved in 4-1 Vote; Deal to Buy Ambulance for Hampton Lakes EMS Revealed Southampton 2022 Road Program Includes Many LeisureTowne Streets

By Douglas D. Melegari Staff Writer

S OU T H A M P T ON —V i l l a g e o f Vincentown residents will yet again pay more for sewer service, but a Southampton Township Committee 4-1 decision on March 15 to approve a fee hike for this year did not come without a village resident decrying the increase, calling current bills without it already “very expensive.”

The basic quarterly service charge will rise to $190, according to Southampton Mayor Michael Mikulski, who added that there is also a charge of “$15 per thousand gallons of water used.”

Resident Nancy Severs, of Pleasant Street in the village, part of Southampton, pointed out that she is single and lives by herself, and yet her quarterly bill has gone up to $279 for sewer service, or what she called “a lot of money” and “very expensive.”

“I am just floored this went up so much,” Severs declared. “And I am a single person.

There are a lot of older people who live in town, and after a while, this is going to get out of control. Who is going to (want to) live here?”

The basic quarterly sewer service charge was raised by the Southampton committee in 2018 from $125 to $140. In 2020, the basic quarterly service charge was increased again from $140 to $165. Another increase last year took the basic quarterly service charge to $175.

“Nobody is happy about raising rates for anything, but it is the unfortunate reality of trying to keep the sewer system selfsufficient so that the entire township doesn’t have to pay,” Mikulski said.

While the sewer system, the mayor pointed out, had “built up a little surplus,” it “recently came in handy” as the municipality had to purchase a $10,000 generator for a pumping station in town.

“If we don’t have surplus for (such things), it ends up getting borrowed from the rest of the taxpayers, not just those who use the system,” Mikulski said.

Severs maintained that her daughter’s family also lives in the village and is now paying some $400 per quarter for sewer service.

“That’s a lot of money,” she declared.

“And that doesn’t even include (drinking) water.”

Mikulski replied there is “no question” $279 or $400 is a lot of money, but maintained that the township “lost a lot of houses” to Blue Acres (a state buyout program for flood-damaged homes), with others that are flood-damaged sitting empty. A letter, he revealed, was sent to the Blue Acres program asking for the state’s assistance to make up for the loss of revenue, but to no avail.

“The rest of the users have to pay for the system, otherwise the rest of the taxpayers would be subsidizing the cost of sewer system that they are not using,” Mikulski maintained. “There are only two ways to match increased inflation to match the costs of the operating system: either raise fees or add the number of people to the system.”

This newspaper reported last month that the Southampton committee was “looking at ways” to expand sewer service into other areas of the municipality.

The Southampton mayor called doing so on March 15 “a long process in New Jersey.”

Severs, who noted that she returned to the area about four years ago, declared that she believed the increasing rate hikes “hurt the town” by discouraging “people from moving in.”

“Esp e c ial ly, the p eople who have children,” she added.

That prompted Mikulski to pose a See SEWER/ Page 12

Saturday, April 2, 2022

Saturday, April 2, 2022

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Community-Wide Effort To ‘Honor The Brave’ Members of the community, first responders, members of the 8th Legislative District GOP delegation and volunteers gathered at A Rose In December, a florist located in Medford Townhip, on March 27 to fill an entire school bus provided by the Lenape Regional High School District with collected care package items for donation to Operation Yellow Ribbon, an organization which packs and ships them off to U.S. Heroes deployed to the Middle East. Local area businesses, groups, and places of worship have all been collecting care package items.

Photos By Andrew King

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Saturday, April 2, 2022

Evesham School District Said Working to ‘Find Way Forward’ to Offer Free Full-Day Kindergarten, Despite Funding Losses

Pinelands Commission Recuses Itself in Chatsworth Cell Tower Case, Offering Applicant a Change of Venue to Administrative Law Office

Township Council Passes Resolution, Sends Letters Asking State Legislature to Correct Discrepancy in Way State Aid Is Currently Distributed to Districts

Agency Notifies Participants in Dispute That Conflicts of Interest Resulting from Executive Director’s Death Last June Mean It Can’t Hold Fair Hearing

By Bill Bonvie Staff Writer

EVESHAM—Under pressure from local parents who have recently taken to the Internet and elicited support from the Evesham Township Council to make tuition-free all-day kindergarten available to residents, the Evesham Township School District (ETSD) has now begun exploring ways to do that while struggling to cope with a “very challenging” loss of state aid that a majority of other school districts haven’t had to deal with, according to Superintendent Justin Smith.

“We will find a way forward with free full-day kindergarten,” Smith told the Pine Barrens Tribune in a March 30 email.

He promised to “share more details in this regard” during a scheduled May 5 “final budget presentation.”

The superintendent’s statement came in response to an inquiry from this newspaper regarding the circumstances that have resulted in the district having to charge a $5,500 annual tuition fee for full-day kindergarten even while all of the other districts in Burlington County, with the exception of Moorestown (whose tuition fee is $1,400 less) have been able to offer kindergarten classes that last the entire school day without finding it necessary to charge for them, according to New Jersey Department of Education statistics updated in October of 2021.

It also followed a resolution unanimously passed by the Evesham council at its March 24 meeting calling on the state Legislature “ t o c on s id e r a nd s up p or t f u l l - d ay

kindergarten funding for all school districts in the 2022 budget year,” after noting that such a program is offered by “more than 90 percent of New Jersey school districts.”

What that was meant to convey is that “many districts, such as Evesham, are still actually losing state aid funds each year, despite the state reporting a record surplus,” according to a subsequent press release from Zane Clark, the township’s director of public information.

“As it stands now, 10 percent of New Jersey school districts (including Evesham) are not able to offer their families free, fullday kindergarten,” the release stated. “This leaves the students in these districts with only half-day programs available, unless parents pay thousands in additional tuition costs.”

Clark also noted that in addition to Evesham council’s resolution, which urged state policymakers “to develop a statewide plan to fund a tuition-free full-day kindergarten program in order to eliminate this educational discrepancy within the state,” Evesham Mayor Jacklyn “Jackie” Veasy and the council had also sent letters to Republican state Senator Jean Stanfield, of the 8th Legislative District, who represents Evesham in the State Senate, and District 7 Democratic Senator Troy Singleton, as well as Senate Budget and Appropriations Committee Chair Paul Sarlo and Senate Education Committee Chair Vin Gopal, which sought their support for the effort.

Smith, in his response, provided a more detailed explanation of the situation on which the tuition charge is being blamed.

“The Evesham Township School District See DISTRICT/ Page 15

By Bill Bonvie Staff Writer

WOODLAND—While the New Jersey Pinelands Commission appears to have once again formally rescheduled a public hearing, this time for April 12, on a disputed proposal to erect a 120-foot-high FirstNet cellphone tower directly behind the Woodland Volunteer Fire and EMS company’s firehouse in the center of the Village of Chatsworth in the heart of Woodland Township, the agency has no actual intention of doing any such thing.

As it turns out, the commission is not planning to hold a hearing on this particular matter, either on that date, which its director of regulatory programs, Charles M. Horner has described as simply a “placeholder,” or on any other one in the immediate future.

The reason, according to Horner, is that the death last June of the commission’s executive director coupled with the complexity of the cell tower issue has left the agency’s two remaining top officials (of which he is one) unable to provide the benefit of “due process” to the applicant, Centerline Communications, also known as Tower North, of Bridgewater, Mass., which has gotten a green light from the township Land Use Board to make its proposed “monopole” a source of both emergency communications for local first responders and reliable cellphone service for residents.

Instead, the company, via a letter emailed to it and other interested parties on March 9, has been offered the option of having a hearing on the matter transferred to the New Jersey Office of Administrative Law (NJ OAL) in Lawrenceville—a course of action that would

require a good deal more time for a resolution, but which is actually an alternative open to anyone who has a case pending before the Pinelands Commission in preference to a public hearing, Horner noted in a March 29 phone interview with the Pine Barrens Tribune.

Should that change of venue be agreeable to the applicant, the court would eventually assign one of its own judges to hear the arguments for and against the tower being permitted at the proposed site and come to an independent determination—a process Horner estimated would require six months at the very least.

That judge’s decision, however, would only be a recommendation that would still have to be approved by a majority of the 15 members of the Pinelands Commission, who would ordinarily vote following a public hearing on a recommendation written up by the executive director – all of which is part of the bureaucratic “checks and balances to make sure the applicant receives a fair hearing,” he explained.

But even if both the administrative law judge and the commissioners should concur with the opinion expressed in a letter signed by Horner last October that the tower would not really serve as an “accessory use” for the fire/ EMS company, and thus not be a permitted land use in a Pinelands Village,” that would not necessarily be the last word, as such a ruling could then be appealed in a civil action, “just like any other legal issue,” Horner said.

As things now stand, the only Pinelands Commission officials currently considered qualified to preside over a hearing on the See COMMISSION/ Page 17

Saturday, April 2, 2022

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Zoning Official’s Correspondence That Farmstand Cannot Open, Together with Another Tree Job Site Visit, Leads to Call for ‘Change’ Carns Family, Subject of Several New Township Actions, Told Firewood Stand Needs Permit, ‘Free Expression Signage’ Must Be Inspected or Taken Down

By Douglas D. Melegari Staff Writer

MEDFORD—Several new purported actions initiated within the last week by Medford Township, with members of the Carns family again apparently the subject of them, has resulted in calls for “change” and claims of harassment and targeting amid a reignited dispute involving the township and the Carns over a farm, firewood stand, and municipal tree ordinance, that has expanded to now include a farmstand.

This newspaper reported last week that two men claiming to be from the municipal Tax Assessor’s Office reportedly paid an unsolicited visit to the Carns Family Farm on March 18, according to David Carns, and told him that they wanted to see a barn on the property to see if they could save him money.

A relative, during that visit, was allegedly told by the two men that they were sent to the parcel by Beth Portocalis, a zoning official for Medford Township.

Following that visit, on March 21, Carns said that his mother, Carolyn, received a certified mail letter from the township ordering the barn torn down on March 17, the same date as the letter said it was mailed.

That letter, which sparked an outcry in the township, indicated that an inspection of the barn (which the family maintains is historic and not visible from the road) actually occurred on March 16, though David Carns described to this newspaper that he observed no one from the municipality on his property that day.

Also on March 21, as reported by this

newspaper, Portocalis and an apparent associate purportedly entered a private property where Car ns, who co-owns Cornerstone Tree Service with his brother, Brian, was performing tree removal work and confronted both him and the property owner, reportedly claiming that Carns “clear-cut wetlands” and asked that he complete a retroactive tree removal permit.

David Carns has disputed the need for securing a permit to remove what he calls dead and diseased trees, citing a provision in the municipal tree ordinance that such trees can be removed without one, as well as that the area he removed the trees from is wetlands. He also contended that Portocalis entered the job site without first receiving approval of the homeowner and raised her voice at him during the encounter, previously telling this newspaper he believed an action should be taken against the zoning official.

Among the new developments since that reporting is that on March 25, Portocalis sent an email, later obtained by this newspaper, to a co-owner of Brianna’s Farm Stand, which is located on the Carns Family Farm, informing her that she was “just made aware” of a Facebook post announcing that the farmstand would open for the season on March 26 and that “Brianna’s Farm Stand cannot open at this time.”

Portocalis, in the email, contended that the reason the farmstand could not open was because “the required permits have not been submitted, nor approved.” The zoning official, in the email, advised the coowner that she would be reaching out to the See ZONING/ Page 21

Ian Smith Base Rallies to GOP 3rd District Challenger’s Defense After Refusal of Breathalyzer Results in Arrest on DUI Charge Gym Owner Who Defied Murphy’s Lockdown Says He Passed Sobriety Test; Campaign Consultant Demands Police Immediately Release Body Cam Video

By Bill Bonvie

30 Facebook posting. “Due to the ongoing nature of the case, my statements will be limited to what has already been said. I BELLMAWR—If the March 25 arrest of was pulled over, passed a sobriety test (in Ian Smith, the gym owner and pandemic poor testing conditions), and was arrested restriction resister-turned 3rd District by the officer. My choice to not submit to a Republican congressional candidate, on breathalyzer reflects my distrust after two a DUI charge has eroded his following, years of persecution.” considering that he once served time for Sm it h a dde d t h at he c au si ng the de ath of a deeply appreciates everyone 19-year-old while reportedly who has reached out and the under the influence, it wasn’t support offered by friends, apparent from the way some fa m i ly, a nd supp or t er s of his supporters reacted on around the state and social media. country.

According to reports, “This is New Jersey, you Smith was pulled over while refuse a breathalyzer test, driving on Route 130 in they automatically charge Cinnaminson shortly after you with DUI,” contended midnight and given half-aSmith’s campaign consultant dozen citations, including Steve Kush, who called the o n e s fo r r e c k l e s s a n d Pine Barrens Tribune to speak careless driving and driving on the candidate’s behalf under the influence, after after the paper attempted to reportedly having taken reach him. and passed what’s known Kush added that Smith “is as a field sobriety test that Ian Smith easily identifiable, as is the gauges balance, coordination vehicle he drives, a lifted monster truck.” and the ability to divide one’s attention, Kush also said the officer had put but declining to take a breathalyzer test, handcuffs on Smith following his refusal to something usually asked of a driver who fails take the breathalyzer test, and that while he the field sobriety assessments. hadn’t been with Smith when he was pulled Smith, who will be represented by over, Smith’s explanation that a strong wind Haddonfield attorney Christopher St. John, that night had caused his vehicle to swerve is due to have a hearing on the charges April was something he himself had experienced 14 in Cinnaminson Municipal Court. while driving at around that time on I-295.

“By now, most of you have read about In a subsequent press release, Kush called what happened during the early hours of See CHARGE/ Page 12 Sunday morning,” Smith wrote in a March Staff Writer

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Photo By Douglas D. Melegari

One of the pavilions the AWA intended to rent for the day of the fundraiser.

PARK

(Continued from Page 1) promotion” had even been planned with Medford’s Main Street merchants to promote the downtown district of the municipality, given the event was to be held only “two blocks away.”

“The day that we found out, it felt like there was a funeral here,” Conicella declared.

The AWA function was described on a meeting agenda for Medford Township Council’s March 15 session as a “fundraising event.”

The AWA, according to a description provided to this newspaper previously, is a private, non-profit, 501(c)3 animal welfare organization, serving the “people and animals of Southern New Jersey.”

“AWA is dedicated to eliminating animal

suffering, promoting the importance of the human-animal bond, and improving the role of animals in the well-being of people,” the description continues.

While Medford council did not release the name of the fundraiser while discussing it, this newspaper found that the AWA had been promoting online its “Paws & Feet 5K & Doggie Fun Day” on May 14 in Freedom Park. Conicella confirmed to this newspaper that was indeed the event being referenced during the council session.

“We’re bringing back the 5K, smile mile walk, vendors, and food trucks at a new location!” an advertisement read. “This year, the event will be held at Freedom Park, Medford, NJ.” A new advertisement states the fundraiser, with a goal of raising $60,000, is now scheduled for Voorhees Town Center, in Voorhees Township, from 9 a.m. to 2 p.m. on June 4, 2022.

“Nearly $1,000 a day is spent on medical care and supplies for the animals,” it is added in the new advertisement. “All of the funds raised during Paws & Feet 5k Race & Doggie Fun Day go towards saving the lives of animals all-year round!

“AWA operates the oldest and largest lowcost spay/neuter clinic, adoption center and no kill animal shelter in South Jersey. We do not receive funds from the government or national groups. We rely upon local donations to fund our lifesaving programs.

By fundraising for Paws and Feet, you’ll impact the lives of the animals in our care.

On average – every $1,000 raised saves the life of one shelter dog!”

The AWA refers to the Paws & Feet 5K Race & Doggie Fun Day as “our biggest fundraising event” of the year.

As part of the event, the AWA is planning to have a “Barktini Bar.” According to Medford Township Manager Kathy Burger, in remarks during the March 15 Medford council session, the organization requested to use three pavilions at Freedom Park and “one of the things they wanted to do is have a tasting room.”

Burger noted that in addition to one of the AWA’s vendors being Tito’s Vodka (“a Vodka for dog people” is their slogan), the organization wanted to “have breweries with samples from town.” Additionally, the organization was hoping to include local wineries, she added.

“We told them we were a little concerned about having alcohol in the park and that there weren’t provisions for it,” Burger revealed.

T h e Me d ford t ow n s h ip m a n a g e r acknowledged that the organization, upon learning of the municipality’s concern, had offered to “do away with the alcohol if that was a problem” to keep the event in Medford.

“However, if you looked at the special event permit, you notice they are going to take up a large amount of the park with the activities

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they want to do,” Burger said. “So, I still kind of want council’s feelings if you want the park occupied by a single event. We rent the pavilions out, but we don’t rent the park out.”

Watson pointed out that “when the park is used,” it is used for “our fireworks” and “our Octoberfest,” and that both events don’t “take up the whole park.”

It was noted on the March 15 council meeting agenda that “alcohol is prohibited in the parks with the exception of the Medford Celebrates event (when the fireworks are held) and the annual Oktoberfest.”

“How many people are they expecting?”

Watson asked.

Burger repl ied that the AWA was anticipating 400 people, but that Beth Portocalis, the township’s Open Space Coordinator, as well as the municipality’s zoning official, “keeps telling them, ‘You are going to get thousands when this gets advertised and they see what you are doing.’”

“I was conc er ne d about s etti ng a precedent about alcohol at a function that is not a township-related thing,” Burger said. “And that we are going to have every charitable organization around looking for us to open the park for alcohol.”

Medford Councilwoman Lauren Kochan pointed out that an application filed by the AWA for a special event permit from Medford listed that the fundraiser would draw 500 attendees.

The Medford mayor said that while he “definitely would have been a ‘no’” if the event featured alcohol, even if there wasn’t any offered, “events put on by ‘Medford’ organizations here are a different thing that we make an exception for via a resolution.”

“But (to make an exception) for an outside organization, I don’t think that is a good way to go, and I am on the fence about whether we should have someone with 500 people taking over our whole park that is not a See PARK/ Page 14

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Temporary office trailers positioned outside Tabernacle Town Hall await occupancy by Tabernacle Township officials, said likely to happen in around two weeks.

COMPLEX

(Continued from Page 1) “comment” on the potential acquisition of property, as well as potential bonding for the acquisition (with both actions having to be carried out through municipal ordinances), it became evident during the latest township committee meeting that the governing body was also limiting members of the public to two-minutes of speaking time during ordinance public hearings.

Resident Fran Brooks, during a public hearing on an ordinance bonding $950,000 for a new fire truck, was abruptly cutoff twominutes into her remarks by Mayor Samuel Moore III as she was making the point that “we are going to be saddled with huge tax increases when we are spending probably

somewhere around $9 million when things get done,” including “purchasing new property, building a new town hall, (as well as buying) a new fire truck.”

Brooks, during a preceding Tabernacle committee work session on March 14, in calling the recent events regarding public comment “nefarious,” pointed out that the Tabernacle governing body used to give residents six minutes to make public comments, then three, before deciding in February to reduce the allotted time further to only two minutes.

Her husband, Stuart, who asked both during the March 14 Tabernacle committee work session, and the Tabernacle committee March 28 regular session, “What is the plan for the existing municipal complex and building?”, never got a reply, even though he declared, “An answer is appreciated other than the warm and fuzzy, ‘Thank-you for

your comments.’”

“Thank-you for your comments, Mr. Brooks,” said Moore after Stuart Brooks posed that question, and additional ones.

At the end of the Tabernacle committee’s March 28 regular session, Casey English, Tabernacle’s relatively new administrator, announced that there would be a “special meeting” on Monday, April 4 to “discuss moving forward with town hall and purchase of real property, along with all preliminary actions that will be done and continue to take place.”

But Fran Brooks, in pointing to the potential future costs, noted that the “plans for new town hall” are “non-existent at this point” (with the architectural rendering and engineering work also appearing to hang in the balance).

“A facility study needs to be done,” she added. “What do you plan to do with the Public Works portion (of the existing municipal complex) in any new proposals you put forward?”

The Tabernacle committee, during the middle part of its March 14 Tabernacle committee work session, convened an executive session to “discuss a matter involving the purchase, lease, or acquisition of real property with public funds where it could adversely affect the public interest if discussion of such matters were disclosed.”

Upon the Tabernacle governing body emerg ing from that session, English announced that “our discussion was about prospective property for the new town hall.”

“The previous administrator (Doug Cramer) had conversations with the previous engineer (Dante Guzzi), as well as with (Construction Official) Mr. (Tom) Boyd in regards to land and different properties that may have been of interest for a new town hall,” English said. “We had two prospective landowners. One was not interested in selling right now when we had a (new) conversation

LOCAL NEWS / FEATURES

♦ Page 9

with him. The second one is very interested.”

The latter landowner, English explained, currently has “approximately 19 acres” for sale “on Carranza Road, just down the street from town hall (at 163 Carranza Road).”

“So, with that perspective, we discussed the potential for future negotiations,” English added.

Boyd, who pointed out that a previous assessment by Cramer found only three suitable properties in town that were sufficient for such construction, with one landowner at the time immediately declining to sell their land to the municipality, declared, “the only piece of property the town professionals felt was adequate for the needs of a municipal building, if the committee decides to go that route,” is the 19-acre lot.

“Being that we are in Tabernacle, and also in the Pinelands, and knowing history, there is just not a lot of land to choose from like in other towns,” Moore said. “Our list of options is very short. Being the situation we are in; I think it is the right way to go to start moving forward on this (19-acre) property.”

Sunbury concurred noting that the survey that Cramer performed was done “quietly,” but, “at the end of the day, it comes down to one property we are looking at.”

“I think we should get this process moving as soon as possible because we need to get a new town hall built,” said Committeewoman Nancy K. McGinnis, who was the only committeeperson in February to vote in opposition to a motion by appointed Committeeman Mark Hartman reducing the time allotted to public commenters to provide for public comment.

Hartman, who previously expressed that he felt three minutes was too long of a time to give to a person to make comments, agreed with McGinnis that “we should get the ball rolling on this” and called the 19-acre parcel See COMPLEX/ Page 15

Page 10 ♦

LOCAL NEWS / FEATURES

TOWER

(Continued from Page 2) not exactly happy with its location in our field.”

On March 1, in response to Dunleavy, Seybold declared that the “lease has been signed with the fire department” and the project is now “in process.”

Dunleavy, in response, inquired whether a mobile cellphone tower could be “brought in temporarily” to “just see how it works.”

“It is needed in the area,” declared Seybold during the latest township committee meeting. “We are in a dead zone. One of the reasons residents signed a petition for it, is for emergency services.

“I have been a member of the fire company for 38 years, and there have been numerous, numerous times where we were sent on wild goose chases for motor vehicle accidents, as well as missing people because (the victims would) get on a cellphone (calling for help) and that signal pings to the closest cell tower it can find, and sometimes its gets pinged to (neighboring) Galloway and Shamong.”

Seybold pointed out that as a result of the locations of the callers getting pinged to the wrong municipalities, sometimes “people are out there with emergencies” and “we don’t know where they are.”

“It is an emergency issue thing to help us respond quicker as far as fire department goes,” the township committeeman added.

This newspaper previously reported that a group of Washington residents from the Lower Bank section planned in May 2021 to push to have a cellphone tower erected in the southern part of the municipality, with plans to both go door-to-door to educate the community about the benefits of having one and collect signatures in support of such a project.

At the time, Aaron Camillo, a township resident leading the movement, pointed out that “essentially, Verizon provides the best coverage in our area and there is an 11-mile zone with no cellphone tower.” He added that several major carriers have plans to discontinue their 3G networks by the end of 2022 to make way for 5G, and that 5G service is essentially unavailable currently in the municipality.

The group, he said at the time, was exploring having a cellphone tower installed either behind the Lower Bank firehouse, or having antennas added to a water tower near the Lower Bank Bridge.

However, Achey, last October, upon learning of the more certain plan to erect a cellphone tower behind the Lower Bank fire company, declared that the “location of the tower is grave concern to us being basically on our doorstep.”

T he Wash i ng ton ar rangement has some similiarities to one in neighboring Woodland Township (where a cellphone tower is proposed for behind the Chatsworth firehouse of Woodland Township Volunteer Fire and EMS), with some residents, such as Achey “understanding it is necessary” to have a cellphone tower in town for emergency communications, but that they don’t want it “on their doorstep” (because of aesthetic concerns, as well as the equipment having the potential to emit levels of radiofrequency (RF) energy [the RF energy given off is of low-levels and not harmful, providers will typically claim when submitting site plans and corresponding studies]).

Pinelands Commission approvals for the Woodland project were temporarily revoked after a resident living across the street from the proposed site for a cellphone tower there, concerned about the aesthetics of the tower, as well as the potential for RF energy to be given off by any equipment, cited commission rules that a “proposed local communication facility (tower) is only a permitted land use in the Pinelands Village

WWW.PINEBARRENSTRIBUNE.COM of Chatsworth if it qualifies as an accessory use to the existing EMS/Fire Company facility on the parcel.”

An initial proposal for the Woodland tower project had discussed the secondary benefits a cellphone tower would provide to the residents, including that multiple carriers would be allowed to lease space on the tower.

Woodland has since approved a new, revised submission for the project there, and branded it “an emergency communications tower,” but the commission has continued to work under the premise of the old application, which has reportedly not been withdrawn, with a hearing rescheduled now multiple times and still pending, with the commission now wanting the matter to go before an administrative law judge (see separate story).

“Is it just for emergency management communications, or are you going to solicit cellphone providers?” asked Achey last October.

At the time, Seybold replied, “It will be put out there to cellphone providers,” and when asked both in October and on March 1 about how many providers could go on it, the deputy mayor said “it’s something I’m not 100 percent sure of,” but that “there aren’t a lot of them out there,” perhaps only around “four or five” of them in existence, such as Verizon or T-Mobile.

“The answer to that question is that, ‘We don’t have jurisdiction to limit who goes on that tower,’” Washington Township Solicitor Tom Coleman interjected when the question about how many carriers are allowed on the tower was asked initially. “That is the Federal Communication Commission (FCC).”

Seybold noted on March 1 that the “gentleman” proposi ng to ere ct the cellphone tower in Lower Bank “wouldn’t even put it up unless they have potential carriers on there.”

Paul Leaken, a spokesman for the Pinelands Commission, when asked if the commission’s local communication facility standards for Lower Bank are the same as in Chatsworth, replied that communication towers are a “permitted principal use” anywhere in a “Pinelands Regional Growth Area” and a “Pinelands Town,” two of the nine land-use management areas in the state Pinelands Area.

The Pinelands Commission, he noted, has approved a number of “comprehensive communication tower plans” for other management areas, which identify sites for installing communication towers as a “principal use” in other management areas to “provide adequate service.”

“If a tower site is not identified in one of those plans for the other management areas, it is not permitted as a ‘principal use,’” he added.

Currently, he said, there are no approved tower sites in the commission-approved “comprehensive communication tower plans” for Lower Bank.

“This means that unless an amendment to one of the ‘comprehensive communication tower plans’ is approved by the commission, the only way a communications tower could be approved in Lower Bank is as an ‘accessory use,’” Leaken declared.

He added that communication towers that qualify as an “accessory use” are permitted anywhere in the Pinelands area, but such a use designation means “the tower is ‘primarily’ intended to serve the ‘existing use’ on the parcel (i.e., the Lower Bank Volunteer Fire Company).”

According to the published legal notice for the proposed tower in Lower Bank, “members of the public interested in submitting comments on the possible effects on historic properties included in, or eligible for inclusion in the National Register of Historic Places” may send their comments to Andrew Smith, RESCOM Environmental Corp., P.O. Box 361, Petoskey, MI 49770 or call 1-260-385-6999.

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FLOODING

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(Continued from Page 2)

after the flood at Crowley’s Landing, a recreational area along the Mullica River.

Crowley’s Landing has been described in the past by local officials to be one of three notorious “problem spots” where tidal floodwaters can become deep.

“One thing that was news to me is that the county is currently installing a Highway Notification System at Crowley’s Landing,” said Gadd on March 1 of what also came out of the Feb. 15 meeting with county officials.

“They are hoping it is operational within the next couple of months. They are waiting for some parts to make it operational.”

Gadd called such a notification system a “step in the right direction.”

T he Mu l l ic a R iver for m s par t of Washington’s southwestern municipal boundary, while the Wading River forms parts of the municipality’s southeastern boundary, making the municipality prone to coastal flooding.

Washington was one of many state municipalities hit hard by the coastal flooding brought on by Superstorm Sandy in 2012.

During public comment, resident Terese Bauer-Krout pointed out that Superstorm Sandy caused “big cracks” to develop in a retaining wall near her property, also close to River Road and Henderson Avenue, by a “public access” area for the Mullica River.

She pointed out that a rock cage built there “is completely broken” with its “wires all rusty” and “laying everywhere.” Additionally, a “big gap,” she maintained, has developed “taking earth from my property.”

Bauer-Krout noted that she previously brought the situation to the attention of Washington officials in January 2020, August 2021, September 2021, as well as in February of this year, but that her complaint keeps being tossed back-and-forth between the township engineer and Washington committee.

“Kids play down there and can’t play,” she said. “… It is dangerous now and needs to be fixed.”

Mayor Daniel James replied that the matter is “on top of the pile” of things to get done and that the municipality is “working on it.” He pointed out that both he and Deputy Mayor Paul Seybold have “been down there”

to see the issue, with Gadd adding that he too has been there.

The township’s public safety director noted that he had just spoken to Township Engineer Kevin Dixon about the issue and officials will be revisiting the site again to “see what its options are” and “see what is causing the problems.”

“It hasn’t been forgotten,” Gadd declared.

“We will try to figure out why the sand is washing out. Hopefully, we’ll have that information for our next meeting.”

Also bringing up the Mullica riverfront in the Lower Bank area during public comment was Sarah Camillo, who contended that a trash can near a landing that people use often to fish was overflowing.

“Trash, recyclables and debris is going towards the river, and all over the boatworks,” Camillo maintained. “It is a disgrace.”

Gadd replied that he would have the township’s code enforcement officer – who he noted earlier in the meeting issued, within the last month, a citation to a local campground for “off-season occupancy” and gave two warnings to people for parking at a township landing that requires a municipal permit for use – “go out there.”

“When the wind blows across there, it blows a lot of trash,” Camillo said. “It is really bad, and makes me sad.”

Gadd, earlier in the meeting, also noted that the township is moving ahead with “traffic counts and a speed survey” on River Road in Lower Bank as the municipality prepares to make a case to the county to lower the speed limit to 25 mph from County Route 542 to the Lower Bank Bridge (which is the county portion of River Road), believing it possibly qualifies for such a speed limit due to it being a residential area.

Camillo pointed out that such work should be done in the summer when traffic along the waterfront is at its peak.

In February, it was brought to the attention of the Washington committee that ponding has been occurring on “Charles Avenue where it meets River Road.” The puddles of water have reportedly turned into sheets of ice when temperatures fall below freezing, leading to a traffic hazard.

Seybold said the township’s Supervisor of Public Works, Larry Priest, met with “the county highway department guys” at the site, and while they were there, they also “repaired a stop sign that was hanging upside down due to it missing a bolt.”

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RENTAL

(Continued from Page 4) similar to, illegal de-facto hotels, motels, boarding houses and other commercial enterprises, in violation of the township’s zoning and other codes and ordinances, as well as state statues,” another stipulation of the proposed Washington law affirms.

A newspaper search of the website for Airbnb, Inc., a company that operates an online marketplace for lodging, primarily homestays for vacation rentals and tourism activities, revealed two active Airbnb listings for Washington, with both available shortterm rentals on River Road, overlooking the Mullica River in the Lower Bank section of the municipality.

Both listings, a “Modern Riverfront Cottage” and “Pinelands River House,” have the same hosts, “Miriam and Brendan.”

The cottage is available for $199 per night (minus cleaning and other service fees).

“A modern cottage that feels like you’re outside,” the hosts wrote in describing the available cottage. “Nestled amongst the cedars, the cottage has wide views of the Mullica River from the open plan living space, which includes a full modern kitchen, broad plank pine dining table, and a living area with comfy spots to lounge and enjoy the view. Step right outside to the patio to sit or dine or hang out in the spacious screened porch. Two cozy bedrooms sleep up to four guests. The river is steps away for swimming, fishing, or kayaking.”

The hosts note that the cottage is located about “100 feet from the bank of the Mullica River, a tidal river that originates in the forests of the Pinelands and flows to the Atlantic,” maintaining that the waterway has a “reddish tinge” from it comprising “cedar water,” and that due its “tidal flow” the water is “sometimes salty and sometimes freshwater.”

“The river access is across a small road, but is private, as is a dock that extends out about 30 feet and is great spot for lounging or catching fish,” the listing adds.

It is also noted by the hosts that the cottage is a “one-story space rebuilt from an existing structure from the 1940s and is on the “same property” as the “main house,” which is the one branded the “Pinelands River House.”

The cottage is described as “open and airy” that “gets a lot of light through large windows that look toward the river.”

“It has a much more modern feel than the main house, with concrete floors, pitched ceilings, and colorful artwork throughout,” it is noted. “With a living room, a patio off the living space, and a screened porch off the kitchen, there are plenty of places to relax and enjoy the beauty of the river.”

It is also pointed out that “larger parties” can rent both the main house and guest cottage “simultaneously,” with them having “shared outdoor amenities” that include a

LOCAL NEWS / FEATURES

♦ Page 11

dock, hammock area, kayaks, and a grill.

A description of the main house, available for $209 per night (in addition to cleaning and service fees) reveals it is a “two-story 1930s cottage.”

It is pointed out in the latter listing that the main house is “minutes to Bass River and Wharton State Parks and many lakes and rivers” as well as “35 minutes to the beach.”

In addition to making a point that the main house has a woodburning stove downstairs and rocking chair upstairs, the hosts note that the house is located on a 1.25acre property along the river that is “shallow and usually not too rough.”

“And we are far from the channel where there is boat traffic at times,” the hosts maintain. “At low tide, a small beach appears, and at high tide the river is just right for swimming. A dock allows for space to hang out, launch a kayak, go fishing, or throw in a crab trap.”

The hosts currently ask for a “full-holiday/ weekend-minimum stay,” but also offer twonight minimum stays. Under the proposed Washington ordinance, advertising of such rentals would also be prohibited.

“We enjoyed having coffee by the river, dining on the patio, relaxing in the living room with the patio doors open, and listening to crickets at night in the screenedin porch,” wrote on reviewer of the available offerings. “(We) also enjoyed kayaking, bird watching and attempting to catch blue crabs.

The area is very outdoorsy and the perfect place to recharge.”

Another person wrote in a review that the available offerings are “truly a hidden gem in the Pine Barrens.”

“If you want to be near the water without crowds, noise and tourists, this is the place for you,” the reviewer added. “… The place was really spotless, and after settling in, we found all the things needed for a lakefront vacation. There are bikes, kayaks, a paddle board, canoe, life vests, all available for guest usage. Everything is in very good condition.”

Brendan McBride, one of the hosts, when reached by this newspaper on March 28, said he had no comment on this story.

Details weren’t released about any specific complaints Washington received about short-term rentals, with the proposed law not specific to any one particular rental, but any that exist or may pop-up, including in the more forested section of the municipality.

A booking calendar showed that the pair of Airbnbs online were already booked on numerous weekends over the summer with scattered reservations extending into at least December.

One couple noted in a review of the ones along the Mullica that they stayed on the property recently as their son had a soccer tournament in the area and the arrangement “worked out perfectly” and was “so much better than a hotel.”

“Hope to come back this summer!” the couple added.

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LOCAL NEWS / FEATURES

SEWER

(Continued from Page 4) question to Severs, “How would you propose we recoup our costs?”

It was a question that Severs replied she didn’t know how to answer, but that, “I’m just saying it is a lot of extra money,” with the quarterly bills for sewer now “more than electric and gas to heat my house.”

“And that is a big comparison,” Severs said.

Committeeman Ronald Heston cast the lone opposing vote to raising the sewer service fees. Heston, last month, declared that he “wasn’t happy about the whole situation.”

James F. Young Sr., another committeeman, had opposed the measure on introduction, but voted in favor of it during second reading and final adoption on March 15.

Both Heston and You ng had also been opposed to introducing another ordinance that increases the connection fee for “hooking to the sewer system” from $6,699.31 per EDU to $6,954.19 per EDU, but during final adoption, ultimately voted in favor of the increase, though Young again questioned the fee structure, concerned those who connect to the system now would benefit over those who paid into the system from the beginning, some 40 years ago.

Mikulski pointed out that when the sewer system was first established, the connection fee was some $200 per EDU versus over $6,000 now.

“They will be paying some $5,000 more than the people who connected originally,” he said, warning, “You don’t want to outprice someone from hooking up” because “the more users, the less users pay.”

Other announcements during the March 15 Southampton committee session included that the Southampton governing body has approved “this year’s road program” which calls for resurfacing and other improvement work on

WWW.PINEBARRENSTRIBUNE.COM New Road, Retreat Road to 188 Big Hill Road, Tiffany Lane, Andover Court, Buckingham Drive, Paige Drive, Marlboro Drive, Stratford Road, Windsor Road, and Ingham Way. Curbing work will also be performed on Huntington Drive, according to the mayor.

With a majority of those aforementioned roads located in LeisureTowne, a retirement c om mu n it y i n Sout ha mpton, La r r y O’Rourke, president of the LeisureTowne Board of Trustees, thanked the township committee for the scheduled improvement work in the community.

This newspaper previously reported that a Hampton Lakes Emergency Squad ambulance was involved in an accident during a winter storm earlier this year.

“The township has entered into an agreement with Hampton Lakes EMS to assist them with a purchase of a new ambulance,” Mikulski revealed. “You may remember a couple months ago, one was in an accident, and because of its age, it didn’t make sense to repair it.

“The township has an obligation to make sure there is proper ambulance coverage in the township, and we entered into an agreement, pending document and financial review. Assuming that all passes (muster), we will be assisting them in the purchase of a new ambulance to service the community.”

E a m o n n F i t z p a t r i c k- Ru t h , a representative of the Hampton Lakes Emergency Squad, said the organization “appreciates the township’s help with that.”

“It definitely sets up the squad and township very well for the future, with it being able to provide the service, and hopefully improve the service,” added Fitzpatrick-Ruth, also the municipal emergency management coordinator. “…

We are getting to the point that call volume will definitely warrant a second rig on-duty, especially in the summer when we have peak call volume.”

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CHARGE

(Continued from Page 7) on Cinnaminson Police to immediately release the body cam footage that will show that Smith had passed the field sobriety test, rather than going through the process of fulfilling Open Public Records Act (OPRA) requests.

“Being charged with an offense and actually committing an offense are two entirely different things,” noted Kush, who maintained that Smith was not driving drunk.

He pointed out that “he’s certainly not the first public figure not to trust a breathalyzer, citing the fact that a decade ago Assemblyman Paul Moriarty refused a breathalyzer because he felt he was “being railroaded” and “didn’t trust the process.”

Charges were later dropp ed agai nst Moriarty, who before entering politics had been an investigative reporter at KYW-TV in Philadelphia.

Smith, the consultant said, “will have his day in court and will be vindicated,” with the only question being whether the government will do everything in its power to delay his court date.

Kush also speculated on why Smith was pulled over in the first place, contending that he is hated by Democratic Gov. Phil Murphy, whose shutdown order during the pandemic he defied with considerable fanfare, and that “establishment politicians don’t want him,”

nor do what he called the “cufflinks and cologne faction of the Republican Party.”

The latter, he claimed “have gone so far as to warn fellow Republicans to stay away from Ian until after the primary,” in which he will take on Viking Yachts Co-chairman Robert Healey, Jr., a former punk rocker.

W ho ever w i n s t h at m at chup w i l l become the GOP challenger to Democratic incumbent Rep. Andy Kim in this coming November’s general election.

That the charges have not shaken the strong support Smith enjoys among some Republicans was evident from the more than 700 “like,” “love” and “care” emojis and 300plus comments his Facebook posting elicited in 10 hours.

“We well understand the situation & your decisions,” said one person. “We are still supporting you knowing how, (especially) you, are targeted. Prayers for your continued strength & swift justice in your favor.”

Another individual wrote, “I believe in you. I believe in your future. You have my support and prayers for justice in everything, not just this BS.” “If you passed a sobriety test then why wouldn’t they just let you go?” asked a third person. “I’m sure I know the answer to that already. I’m sorry Ian. Stay strong! You are a threat to the corruption in NJ.” Another said, “You still have my vote,” “Keep fighting the good fight!” that person added. “You’re a Great American!!”

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(Continued from Page 8) ‘Medford’ event,” Watson declared.

Medford Deputy Mayor Frank Czekay asked who would be paying for any fire or police coverage for the event, to which Burger replied that the organization would have to pay for such coverage.

“They have (already) had their logistical meeting,” Burger added. “Being they have to pay for it, or for any services they use, I would bring a Memorandum of Understanding (MOU) before you if you are inclined to do this.”

Kochan inquired whether any other organizations like the AWA hold events in Medford parks, to which Burger replied, “no.”

“I am a little leery of it personally,” Watson declared. “I don’t know what everyone else’s thoughts are. It seems like a good organization, but then who do we have next, who wants to use the park, who is taking it from the residents who want to use it that day?”

The Medford mayor pointed out that May 14 is “right in the heart of spring,” a time “when everybody is out in the park.”

“I am a little concerned that we are taking an organization, letting them use a large part of it (the park), and they clearly don’t have ample parking for it (the event), either,” Burger said. “Then, people who want to use the playground that day, or play flag football if they are scheduled, have to reschedule.

There are just many things I thought we were taking away from our park for an outside organization.”

Burger maintained that it would be a different situation if the township actually had a “fairground” with an “open parking lot” and the request was for using it, causing Czekay to express he was in agreement with the Medford township manager.

However, Medford Councilman Erik Rebstock expressed that the “thing I like about it” is that the municipality would be “receiving thousands of people” who would be “coming into our town, shopping at our stores, and eating at our restaurants.”

“That is a valuable piece,” the councilman maintained.

Burger, however, countered that with the AWA planning to host food trucks at the park, “the plan is to bring them (the public) into that event and keep them at that event.”

The Medford township manager, however, recognized that if people had not visited Medford before, such an event “does introduce” them to the town.

“I am just concerned with the precedent we would set, and then we would become ‘event central’ and I don’t think we intended that for the park,” Burger declared.

Watson, however, called Rebstock’s point “valid.”

WWW.PINEBARRENSTRIBUNE.COM “That is not necessarily a bad thing,” the Medford mayor added.

But despite that, Watson and Czekay contended that there is not enough parking in the area for an event hosting 400 people (even though there has been enough parking to accommodate the fireworks celebration in the past, as well as National Night Out in partnering with nearby property owners).

Burger pointed out that the AWA sought the permission of the nearby Medford Medical Center and Medford Plaza to host parking for the event, but such parking lots are on “private property” and “we have nothing to do with that.”

The Medford mayor expressed concern people could also park “on the grass.”

Rebstock re-asked an earlier question from Kochan inquiring about how many such requests are received, to which Burger replied, “this is the beginning.”

“The concern is we have one, and then next thing is (they say), ‘That was awesome in Medford’s park,’ and then the next thing is you have another, and then who do you turn away and do not turn away?” Watson asserted.

The Medford mayor added that such events would then generate “more work for Kathy” who he maintained “has enough on her plate.”

“Now, she’ll be organizing special events,” Watson said.

Burger, in concurring with the Medford mayor’s point, said she doesn’t want to become “the ‘township event planner.’”

“We don’t have time for that!” she quipped.

Medford Councilwoman Donna Symons then asked how much money Medford Township would receive by hosting the event at Freedom Park, with Burger replying that it would be $600.

“That is really it,” she maintained, adding that there would also be the reimbursement for any special police or fire coverage.

Watson, after hearing that figure, said the municipality “probably wouldn’t even break even.”

While Symons and Watson called the AWA a “great organization,” Czekay maintained “we don’t have the infrastructure.”

“Why not have it where they’ve always had it?” asked Watson. “There’s got to be a reason.”

Burger said the question was asked of the AWA, but that Medford never received “an answer” from the organization. She revealed the event used to be held at Cooper River Park in Pennsauken Township. Medford Township Solicitor Timothy Prime, once the former location for the AWA’s event was revealed, contended “they had safety issues at that park.”

Prime noted it comes down to a “policy decision” by Medford council.

The Medford gover ning body then decided to “take a pass” on allowing the AWA’s event in Freedom Park.

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Conicella, however, told this newspaper on March 29 that the AWA was “very clear from the get-go” with Medford officials that Cooper River Park would be undergoing construction “in the area that we normally have the event” and that was “one of the reasons we were looking to find an alternative space this year because we couldn’t go back to the space we normally go to.”

Medford officials, she emphasized, were advised that due to the construction at Cooper River Park, the AWA couldn’t obtain the necessary permit to hold the fundraiser there.

“On top of that, we also thought it would be really good for the organization to also look at Burlington County, in particular the Medford area, because we have a lot of doctors, volunteers and donors from that community,” Conicella said. “And of course, because the event is a ‘Doggie Day’ event, it is a dog-friendly event, so, we thought what better place to have it besides Freedom Park (known for its dog-friendly atmosphere).”

Additionally, according to Conicella, one of the AWA’s “biggest fundraising teams” comprises of 18 women volunteers, many of whom are from Medford and were “excited” and “thrilled” that the organization was “going to host an event in their backyard.”

Conicella explained that Tito’s Vodka is a primary sponsor of the AWA’s fundraiser, and inviting the company to partake in the event is “only appropriate,” and even more so given their slogan of “a Vodka for dog people.”

“A n d wh e n t h e i r z o n i ng of fi c i a l (Portocalis) explained that it (allowing alcohol) was making people uncomfortable, I went back to Tito’s to let them know the concerns,” Conicella said. “Tito’s was very gracious and said, ‘We don’t want to have any kind of conflict or make people uncomfortable.’”

Tito’s, Conicella further explained, offered to “provide something else” in support of the AWA and advised it would be OK if the AWA “decided not to get the liquor license.”

“So, that is what we decided to do,” Conicella added.

And upon providing that update to Medford, the AWA development manager noted, as well as in meeting with “several people from the township that previous Wednesday” before the March 15 Medford council session, “nobody had voiced any concerns.”

That is why, Conicella maintained, the AWA is left both “very, very disappointed,” a sentiment she expressed several times in the interview with this newspaper.

“The day that we found out (Medford council took a pass), it felt like there was a funeral here,” Conicella declared. “We were very, very disappointed and we were shocked.

The reason for that is our team met with all the individuals in the different parts of the (Medford) organization to make sure people

were comfortable with what we were doing, including the Police and Zoning departments.”

Conicella told this newspaper that it “should also be noted” that the AWA “met with the Medford Main Street Business Association leadership and had offered them complimentary space at the event so that they could do a cross promotion with us.”

“So, people coming to the event would have actually had their hand stamped and they would have been able to walk two blocks over to Main Street and enjoy events going on, on Main Street that day. In our minds, we thought it was a great opportunity for people outside the area to actually come to that area, see the wonderful dog park and experience Medford – the wonderful businesses, the restaurants and breweries and things that are offered on Main Street in Medford.”

In further disputing another remark of Burger’s that the nature of the fundraising event was to keep people in Freedom Park for its entirety, Conicella described that it is actually quite the contrary, pointing out that with the event beginning at 10 a.m. with a 5K run and walk, often race participants will “come in, be timed, get an award and leave,” usually departing the scene by noontime.

Then another crowd of people, mostly comprising of families and children, attend the fundraiser from noon to 2 p.m. to enjoy “all the fun activities,” Conicella added.

The point, Conicella said, is that if people leave at noon after racing, or leave when the event concludes at 2 p.m., they would have been left with plenty of opportunity to visit downtown Medford, just “two blocks away,” while being encouraged to do so.

“It is really unfortunate, as we met with Medford Business Association leadership and that was the plan we were putting in place,” Conicella declared. “We actually had been working hand-in-hand to cross promote so that people actually leaving the event would have something to do in the afternoon.

“We were working in synergy with one another, wanting to take people outside the community attending the event, and giving them the opportunity to experience the wonderful assets of Main Street merchants in Medford. We have many donors, doctors and supporters in that community, and it just makes sense for us to reciprocate with our support.”

As for the parking concerns, Conicella again pointed to how there are traditionally two groups of attendees who attend the fundraiser, with there usually being about 350 racers, with “probably half of them leaving when the race is over when their times are announced.”

When asked if they had made sufficient parking arrangements, Conicella responded, “We did; we did.”

“We are so disappointed,” Conicella maintained. “We may be in Camden County, but the AWA’s base of support, including See PARK/ Page 19

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COMPLEX

(Continued from Page 9) the “perfect location for us.”

Deputy Mayor Kimberly Brown, who previously abstained on Hartman’s public comment motion, said she did not have any comments to make on the potential purchase of property.

The Tabernacle committee on March 15 unanimously authorized Burns, and other municipal professionals, to “develop a ‘letter of intent’ for purchase of real property.”

“I know we are talking about these things in the hypothetical, but as we move forward, there will be absolutely an opportunity for the public to comment on the specifics of the property in question, as well as on the price, and all those issues,” Burns maintained.

“Because we are still in the negotiation phase, and we don’t want to do anything that would negatively impact that, that is why the committee is being so discrete with respect to the property description and the like.

“If it does go to purchase, there will be multiple opportunities for the public to ‘comment’ on the ordinance at public comment, as well as in meetings leading up to that. This is the first of several times the matter will be discussed.”

Fran Brooks, when given the opportunity to make public comments on March 15, inquired as to why Burns often “speaks for elected committee members.”

“I don’t recall him being elected to the committee,” she declared. “Certainly, the committee and staff should address such issues.”

Stuart Brooks, in recounting during the

DISTRICT

(Continued from Page 6) is losing more aid than just about anywhere, $7.6 million in state aid reductions over seven years,” he contended. “For larger context, there are 40 districts in Burlington County.

In total dollars, we are losing more than any district in our county, except one (though that district still receives some $70 million in state aid). As a percentage reduction, we are losing more than any district in the county except three, though those three have a combined student population less than half of ETSD’s.

“Since 2018-19, since S-2 (described at the time as the ‘historic legislation to modernize and equitably distribute school funding in New Jersey’), our district’s state funding has

March 28 hearing on the bond ordinance for the new fire truck that the Tabernacle committee at one point previously said they didn’t want to raise taxes on residents, warned that the municipal governing body is “going to be a long way away from the territory of ‘no taxes.’”

“There will be a tax increase for sure, and a big one,” he declared.

Again, Stuart Brooks was simply thanked by the Tabernacle mayor for his comments.

The bond ordinance for the new fire truck passed unanimously.

As this newspaper previously reported, the Tabernacle committee at one time was looking at purchasing the former Sequoia Alternative School building on Carranza Road in a search for a new town hall, though that initial search was not as a result of a structural analysis determining the building was unsafe.

“I wish you (Moore) and Ms. Brown had a sense of purpose when you had an opportunity to buy Sequoia for $1 million, than a property/building for $6 million to $9 million,” declared Fran Brooks at one point during her public comments.

This newspaper previously reported that Architect Scott England, a principal at Regan Young England Butera, an architectural firm retained by the municipality to help perform a structural analysis of the existing town hall, found that the “building needs significant help to the point it is a structural concern to keep using the building.”

Michael A. Beach, a structural engineer who owns Michael A. Beach & Associates, a consulting firm specializing in structural engineering, design, investigation and analysis, and worked in conjunction with

England in performing the Tabernacle study, was said by the latter to have found such “significant deterioration” of town hall’s foundation, that he instructed Tabernacle officials to conduct “immediate, temporary stabilization” of the building to “buy time.”

Erecting permanent features to both provide for “structural stabilization” and “prevent further deterioration” to town hall, according to England, would not only likely take a minimum of six to eight months to complete, but involve “very invasive” and “major” structural repairs in which “people cannot be in that building” during any of the construction.

“There are two ways to fix it,” said England at the time. “One is to create a foundation inside the existing foundation, and the other would be to lift the structure up and replace the foundation, both of which are very extensive tasks.”

Beach, in consultation with Boyd, gave the municipality until Jan. 13 to vacate town hall, which he advised cannot be occupied again until the recommended permanent repairs are done.

But concerns were expressed by the consultants that more problems could be found when the repair process unfolds, and that the second floor of town hall, where the Tabernacle committee’s chambers are located, can’t accommodate the load of multiple individuals, and there is no real fix for that. That has purportedly led the Tabernacle governing body to pursue a new town hall, with it previously revealed that it would cost some $1.6 million to make repairs to the existing town hall. (Though such repairs might still have to be made even if the Tabernacle committee decides

to build a new town hall as concerns have been expressed that the existing town hall is a historical building.)

While Boyd noted during an Oct. 12, 2021, Tabernacle governing body meeting that he was obligated to plaster a red-colored “Notice of Unsafe Structure” on the doors of town hall on Jan. 13, 2022, that hasn’t happened yet, with IT issues and lack of internet connectivity delaying the move into temporary construction trailers.

A new IT firm was contracted by the Tabernacle committee on March 28 with a cost “not to exceed $15,000.”

“With respect to the transition to the trailers, Comcast was on site again, and expects completion of work in the next two weeks,” English revealed on March 28. “Then, once that takes place, we can fully access the trailers, and everyone will have internet and phones. Stuff is moving along, but we don’t have all the internet connections that are necessary at this point.”

The Tabernacle committee on Oct. 25, 2021, awarded a $161,240, three-year contract to Satellite Shelters, Inc., for the temporary office trailers. Last month, it was revealed by Sunbury that plumbing and electrical work has cost the township almost an additional $25,000, with officials blaming inflation and limited contractor availability for that amount.

“In regard to (any new) building (town hall), we’ve been experiencing some longduration reviews from the Pinelands Com m ission,” a mu n icipal eng i ne er pointed out on March 15. “So, this is going to take quite a bit of time to get reviews and approvals from those folks.”

dropped 46 percent, a loss of over $6 million dollars, and we are slated to lose even more.”

Smith noted that “meanwhile, our student population has decreased 19 percent from its peak,” which he called a “disproportionate loss of aid.”

“Our state’s 2023 budget increases K-12 formula aid by an additional $650 million dollars but reduces aid in nearly one third of school districts statewide, and especially in Evesham Township,” the superintendent added.

He called such an aid reduction both “unequitable, and very challenging.”

Eve sh a m D e put y Mayor He at h e r Cooper concurred in a phone interview with this newspaper, declaring, “it is my understanding that not every district lost money the way Evesham did” and that some actually gained in the distribution of state

aid while others lost.

“Because we have relationships with state policymakers, we are advocating on behalf of residents who have children in the school system to develop a statewide plan to give students access to full-day kindergarten,” she said.

Cooper emphasized that the situation was one she herself had been forced to “make adjustments” to accommodate upon first moving into Evesham nine years ago, and one that can easily cause additional financial stress for working families.

Dorian Carleon, one of the parents who had spoken out at a previous council meeting to solicit the council’s support for free fullday kindergarten, thanked the members for having passed the resolution at the March 24 meeting, saying she was hopeful “we will continue working with the council and board

of education to make this change a reality.”

Also expressing appreciation to the Evesham council was Danielle Remus, the author of an online petition demanding equal access for Evesham parents to fullday kindergarten, which had collected some 1,700 signatures as of March 30.

“We appreciate all the support we can get, so of course we really appreciate the support from our town council,” Remus said in an email to this newspaper. “If they can assist us in getting more state funding, that would help tremendously.

“However, we can’t just wait for the state.

We also appreciate that the board is listening to us and they’ve made it a goal to enact tuition-free full day kindergarten. We do still want to hear more on their plan on how to establish it and what our next steps will be.”

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proposed cellphone tower – Acting Executive Director Susan Grogan, who has assumed the responsibilities of the late Nancy Wittenberg, the longtime executive director, and Horner himself – have both been “extensively involved in meetings and discussions” on the matter due to its complexity, which would place them in a conflict of interest, according to the letter the commission sent via email to the various parties involved, which is signed by Horner.

Although the regulation says that either the executive director can conduct a hearing or appoint someone to do so in their place, the commission’s policy has always been to assign that responsibility only to its top officials, Horner said.

Should Centerline decide not to take the long administrative law route, however, there are other avenues for getting the tower authorized it might want to try, he pointed out.

One would be to submit additional revisions to its already amended application that would give the commission cause to rethink its initial opinion. Another could involve attempting to have the commission’s comprehensive cell tower plan amended so as to exempt the proposed Chatsworth tower from the restrictions it now faces.

Originally a hearing by the Pinelands Commission on the cell tower proposal was scheduled for Dec. 15 of last year, and what, if anything, has happened since then to cause the commission to, in effect, recuse itself from the matter isn’t entirely clear.

“I’ve never seen them do this before…it’s an unusual situation,” Pinelands Preservation Alliance President Carleton Montgomery contended when contacted by this newspaper for his reaction to the commission’s no longer wanting to hold a hearing on the proposal after

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believes it does not.

When contacted to find out whether Centerline might be interested in allowing the matter to be heard by an administrative law judge, the company’s attorney of record, Warren Stilwell, a partner in the Atlantic City law firm of Cooper Levenson, indicated that while he had seen the supposedly rescheduled date of the hearing on the March 9 email, he was not aware that what the commission had actually done was to offer to have the hearing transferred to the OAL, which is mentioned toward the end of the letter.

But Stilwell said such an arrangement was

♦ Page 17

“not inconsistent with my understanding,” and that “we’re looking into all of our options.”

Lieberman, whose firm said he has been tied up in court, did not respond to requests from this newspaper for comment. However, his name was not on the list of parties to whom copies of the commission’s letter were emailed.

When asked about this, Horner replied that a copy had been sent to his client, Andrew Windisch, who could in turn email copies to any of his representatives. Whether Windisch in fact sent him one could not be immediately determined as he did not respond to a question posed by this newspaper.

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However, Montgomery contended, while it can “typically take a long time” to get a case heard in an administrative law court, deciding to do so instead of opting for a Pinelands Commission hearing might actually work to an applicant’s advantage.

“The benefit to them is that they get a neutral judge who doesn’t know anything about this case prior to the hearing—and may not know anything about the Pinelands,” he maintained.

In addition, he said, although it’s very rare, there have been instances where the Pinelands Commission has rejected an administrative law judge’s recommendation based on its interpretation of the law. (In what he claimed was the most recent such case in 2006, which also coincidentally arose in Woodland Township, the enterprise involved, a sand and gravel mining operation, Robert T. Winzinger, Inc., appealed a commission ruling that ultimately went against an OAL recommendation, with a court finding that “under the particular circumstances here, we are convinced the commission’s determination is fundamentally unfair.”)

The opposition to the proposed cell tower, which has been brewing for a couple years, is spearheaded by a small group of residents who live in close proximity to the site at issue, one of whom, Andrew Windisch, retained prominent environmental lawyer Stuart Lieberman of Princeton to represent him in proceedings by both the township and the Pinelands Commission in 2021. While the residents have expressed concerns about the health effects of the electromagnetic energy that would be generated in the form of RF waves by such a facility, a provision of the Telecommunications Act of 1996 has prevented Lieberman from asking that a permit be denied on that basis, thus restricting the case against it to the question of whether it would meet Pinelands Commission criteria, which the agency’s staff

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Firefighters Protect Homes from Damage After Small Wildfire Breaks Out in Retreat Preserve; Fire Cause Under Investigation

SOUTHAMPTON—An approximately 50-acre wildfire broke out on March 19 in the rear of the LeisureTowne retirement community in Southampton Township, but no structures were reported to have been damaged, with the cause of the blaze still under investigation as of press time.

According to New Jersey Forest Fire Service (NJFFS) Division Forest Fire Warden Shawn Judy, as firefighters gained control of the blaze by early evening on March 19, “what we have is an approximately 50-acre wildfire.”

A Nixle emergency notification sent to Southampton residents stated that the wildfire’s location was in the “area of the Retreat Preserve in Southampton, between New Road and LeisureTowne.”

According to Judy, initially when the blaze broke out, “approximately 50 structures were threatened,” but “that number was scaled back significantly” just a couple hours later.

“The rear of the homes on N. Westminster Drive and on Thames Court,” the fire warden replied when asked where the structures that were threatened are located.

An incident command center had been established at Laurel Hall in LeisureTowne.

No evacuations occurred.

The blaze, he described, was “contained with natural barriers and swamps.”

Smoky conditions were observed by this newspaper near the back entrance of LeisureTowne during the height of the wildfire.

There were some road closures in the area at mid-afternoon on March 19, but the roads were reopened by early evening that day.

Some 20 NJFFS staff batteled the blaze,

PARK

(Continued from Page 14) doctors and clinic users, as well as our inkind supporters and sponsors, have several hundred people come from the Medford and Medford Lakes area. For us, it was a great opportunity for us to be able to be part of the community, and near our base.

AWA supports Burlington, Gloucester and Camden counties, and we are privately funded, receiving no government money.”

And the event, she added “really does give back to the community,” providing for local access to clinic support and microchipping (the latter sponsored by Merck), in addition to providing for educational opportunities.

“So we were going to do things to highly engage the community, and not just be there to have a party,” Conicella declared.

The event, which will now be held in Voorhees on June 4, will include not only the

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follow us to on Firefighters provide structural protection facebook.com/MedfordUMC homes initially endangered by a wildfire.

Barktini Bar, but a Doggie Agility Course, Doggie Kissing Booth, Doggie Pool Party, Cat’s Meow Lounge, face painting (for humans, of course), food vendors, a live DJ, basket raffle, low-cost microchipping, Ask the Trainer, Doggie Contests, and Doggie Games.

In noting that the event is over 40 years old, and one that is “iconic,” the AWA urges the public to enjoy “lots of food trucks, people and furry-friend entertainment at the Barktini Bar, Cat Zone and more” with “fun for all ages and species.”

“I think we would all agree that they (Medford Township) really missed a wonderful opportunity,” Conicella declared. “Voorhees, as soon as they heard what happened, were very kind to us and did what they could to expedite things for us very quickly.”

Conicella added she was appreciative of the Pine Barrens Tribune “for giving us a voice in all of this.”

A leader for the local business association could not be immediately reached for comment on this story.

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he noted, with another 80 firefighters “from the structural side.”

“All of the key elements for fire weather” came together on March 19, Judy noted, including that “it’s breezy; it’s warm” as well as “we have not received as much precipitation lately.”

B ut a fe w d ay s a f t e r t h e b l a z e , Southampton did receive heavy rains, with cooler conditions also settling in.

The cause of the fire is under investigation, the NJFFS Tweeted around 6:15 p.m. on March 19. A spokeswoman for the New Jersey Department of Environmental Protection (NJDEP) had no further update on the status of the investigation as of this newspaper’s March 31 press time.

Lar r y O’Rourke, president of the LeisureTowne Board of Trustees, did not return a message seeking comment on this story.

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Brianna’s Farm Stand opens on March 26 in defiance of a letter from Medford’s zoning official.

ZONING

(Continued from Page 7) “property owner (Carolyn Carns) via letter.”

As seen in a videotape provided to this newspaper, David Carns, along with his brother, Brian, the latter the other co-owner of the farmstand, as well as a co-owner of the

tree service and co-caretaker of the farm, went to Medford Town Hall within about two hours of that email from Portocalis being sent.

Portocalis ultimately engages with the brothers at a service window for the township Zoning Office, with an associate appearing to take a position to witness the encounter.

“So, this was all sent in Jan. 26, and you guys never cashed the check,” Brian Carns informs Portocalis. “It was all sent in, and

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all taken care of. It was all sent in.”

David Carns then asserts, “I don’t know what you guys did with the check.”

The Car ns present Portocalis with “another” $50 check as well as a completed application for a farmstand permit, which David Carns maintained was a photocopy of “the original sent in.”

“I ordered $1,500 worth of flowers, and they are there (at the farmstand) and I am going to open up tomorrow, Beth,” Brian Carns informs Portocalis. “OK, you have it. It is all here.”

Portocalis responds “we didn’t cash the check,” and when asked by Brian Carns why she didn’t, she replied that “it would indicate we didn’t receive it.”

As Brian Carns asserts to the zoning official “you guys got it; you guys got it” and that he is going to open the farmstand the following day, Portocalis holds her hand up, and then asks, “Did you mail it or drop it off.”

Then, upon being informed that it was “mailed,” Portocalis explains how it is “a policy” that when money is “hand delivered” to the municipal building, the person providing payment is sent to the Cashier’s Office to make the transaction.

After providing that response, Brian Carns is seen reminding the zoning official that the check for the farmstand was “mailed.”

“Just like when we pay our tax bills or

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something, you guys get our tax checks,” David Carns declared.

Portocalis then reiterates “if you mailed it in” and “we didn’t cash the check,” that “would indicate we didn’t get the mail.”

“So, here’s the check,” said Brian Carns as he puts it in the zoning official’s hand. “So, are we good to go tomorrow?”

Portocalis is then heard stating, “Well …,” as the Carns move away from the service window and turn the videotape off.

Brianna’s Farm Stand opened the next day as planned, this newspaper confirmed, but, as of this newspaper’s deadline time, the Carns said they have yet to receive a permit.

The Pine Barrens Tribune left a message with both Portocalis and Township Manager Kathy Burger inquiring if the permit had been issued, or if any violations had been issued, but did not receive a response by this newspaper’s press time.

Instead, according to the brothers, on March 28, Carolyn Carns not only received a certified mail letter stating that the farmstand could not open as of March 25 because “no recording of a zoning permit application” for it had been received or approved, but the correspondence also said a permit was needed for the firewood stand to continue to operate, though the zoning official would be willing to accept a submission for both the See ZONING/ Page 22

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ZONING

(Continued from Page 21) firewood and farmstand “under the same zoning permit application.”

(A farmstand is required to have a permit to open in Medford [which must be annually renewed], as well as a firewood stand, with laws recently passed by Medford Township Council allowing such stands to legally operate through permitting, with previous township rules outlawing them, though they were seemingly tolerated for decades.)

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A letter that was sent to Carolyn Carns informing her that a farmstand on her property could not open as scheduled, and that a firewood stand also required a permit.

In addition to that letter, another was sent to Carolyn Carns, also dated March 25, this one about a “wooded post-mounted sign erected on your property,” contending it “appears to” exceed the permissible square-footage and height, and as a result, “I will need to inspect the sign myself” with “your approval and consent and/or escort on your property.”

Portocalis wrote that the “free expression signage” correspondence was the result of a “complaint” made to the township and that it was not a matter of the signage violating a municipal ordinance defining “free expression,” but rather the signage appearing

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to exceed the permitted footage and height.

“If you choose to not allow me on the property, you can submit proof of the size and the height of the sign by photo-documenting the sign using a tape measure showing the height and the width of the sign itself and that the overall top of the sign does not exceed 6 feet in height,” Portocalis wrote.

The zoning official gave the Carolyn Carns until noon on March 30 to allow for an “on-site inspection” or to submit the required photographs.

“Absent of said documentation confirming the sign is in conformance and meets these

aforementioned requirements, the sign will need to removed immediately,” Portocalis wrote.

David Carns told this newspaper on March 29 that he has since removed the sign from the property.

“I am in shock,” he told this newspaper of all the new letters, on top of the notices from the previous week. “I feel like they are trying to destroy the farm.”

When asked if he believed he was being harassed by the municipality, David Carns responded, “Absolutely, absolutely!”

“We are going to fight back,” he declared.

“It is our farm; it is our life. It is all we know.

My grandfather left us this place and it just means more to us than anything. The idea the township is doing this, they should be ashamed of themselves.”

Medford officials, however, haven’t returned this newspaper’s multiple messages, including emails inquiring what has brought about all of the recent actions involving the Carns.

The Carns have recognized in online social media postings there has been an ongoing dispute with a neighbor, and even alleged at least some of the complaints involving their farm were initiated by a neighbor. One of their apparent neighbors reached out to this newspaper on March 26 via a Facebook message, but when asked for a contact number where she could be reached for comment, did not respond as of press time.

David Carns, on March 30, contended that he “absolutely” feels that the weight of the township’s Zoning Office is being used as leverage in the dispute, and that safeguards aren’t being taken to prevent that from happening.

“The township is running with this too,” David Carns maintained. “The township has a duty to protect the farms and this administration is not doing that and these notices prove that. You don’t have to believe me, just read the notices. They speak for themselves. “… It is just a tsunami of hate coming from the township.”

In elaborating further on that point, David Carns described to this newspaper that there was yet another visit from Portocalis to a tree job site of his that occurred on March 28.

This time, David Carns said, he was removing trees from a homeowner’s backyard in the Hoot Owl section of Medford.

In this instance, he said, a woman driving a white car on Maine Trail pulled up to the site, See ZONING/ Page 23

Saturday, April 2, 2022

ZONING

AD HOTLINE: (609) 801-2392 or SALES@PINEBARRENSTRIBUNE.COM

(Continued from Page 22) got out of her vehicle, and began “pacing” back-and-forth. Ultimately, according to David Carns, she asked an employee who happens to notice her presence, “Do you have a permit?”

“My employee said, ‘You don’t need one,” and the woman says, ‘Yes you do. I am going to call the township.’ My employee said, ‘You should do that.’”

Within minutes, according to David Carns, Portocalis contacted both him and his brother by telephone.

“I explained to her every tree is dead or diseased, but she insists on coming out,” David Carns said. “I let the homeowner know. And she showed up in seven or eight minutes.”

But this time, according to David Carns, Portocalis said that “’I can’t enter the property without homeowners’ permission,” which is the “exact opposite of the week before.”

“I explained to her the trees are obviously diseased, and she told me, “’The problem is I am not an arborist,’” contended David Carns, who pointed out he has the appropriate state licensing for tree removal.

“I explained to her again about the tree ordinance that says that all I need to do is photograph trees, but she told me I need to call her before I remove trees so she can come out and take a look at them. I explained I was very busy, and that is not in tree ordinance.”

But what David Carns said left him “shocked” by that encounter with Portocalis is that she said the municipality has “’three zoning officers now.’”

“It feels like a money grab,” he declared.

Additionally, he said that while Portocalis keeps pursuing him over a few trees he is removing from the backyards of Medford homeowner’s that need to come down (pointing out in this latest instance the homeowner had called him out after a tree fell on a shed causing $7,000 worth of damage the week prior), “All I keep thinking about is all the trees they are cutting down to build condos on Himmelein Road.”

And, in asserting that he “needs to add one other thing about what happened,” David Carns said that when Portocalis was in the homeowner’s driveway, she “asked about blue stone in the driveway, and if it was there before or after they bought the house.”

“So, now you have a zoning officer coming in to look at trees and now looking at other things,” said David Carns.

Me d ford C ou n c i l h a d pr ev iou sly downplayed that such a thing would happen when it passed the municipal tree ordinance in 2020, in addition to stressing the municipality would take a conservative approach whenever a tree complaint is registered with the municipality.

Also of concern, David Carns maintained, is that by Portocalis saying to him that he needs to call her every time before he removes trees going forward, he is being held to a different standard than other tree contractors in town, adding he is certain

such an arrangement is not in place with others in the tree business.

“There is nothing in the tree ordinance that says I have to meet with the zoning officer before removing trees,” David Carns said. “I just think that is ridiculous. I just think the zoning officer does whatever she wants, and it is the administration’s fault for allowing it because this has been going on for years. They have never done anything to reign her back.”

Portocalis created an uproar several years ago in town that made state headlines when she threatened to fine a local toy store with a daily fine of $50 for having an LED ‘open’ sign in its window. Since then, the sign ordinance was amended by Medford Council, and Mayor Charles “Chuck” Watson’s administration has helped launch several initiatives in town to support local businesses, including hosting Food Truck Nights in the downtown district of the municipality.

But according to David Carns, with this latest series of actions taken by the municipality involving members of his family, on top of others in 2017 and within the past month, “Absolutely, change is needed on the council.”

“This administration has been in too long and they lost the way!” David Carns declared.

“And these letters prove that! They care more about their egos than they do preserving farms. I wish they cared about farms and open space like they did Main Street!”

Carns maintained that he is “pleading” for local legislators to get involved, as well

LOCAL NEWS / FEATURES

as the public.

“We need help before it is too late,” he declared. “People need to wake up and see what is going on in this town, and it’s changing quickly with all these farms being developed and they (the council) obviously don’t care!”

Adding to the complexities of the matter at hand is that David Carns, as text messages previously provided to this newspaper indicate, attempted several times in both January and February to collect $450 apparently owed by Watson for two cords of firewood he purchased on Jan. 18 from the firewood stand, and had delivered to his home.

After Watston told this newspaper in an email last week that he “sent a check” to the Carns, one from the mayor, according to the Carns, was received last weekend.

And the barn controversy has led a local artist making a “canvas painting” of the barn, which another woman requested be used for Christmas Cards. The painting was done to show support for the farm.

“My grandfather would be proud to see it on canvas, and that barn is now famous,” David Carns declared. “I love this town, but I feel like it is being ruined by all these developments recently being built. Change is needed. And I’d like to see them (my children) grow up and see farm fields. It is so sad to see these developments going up.”

He added that the family plans to continue opening the farmstand in defiance of the zoning official’s letter, and “They are going to have drag us off in handcuffs,” if an attempt is made to shut it down.

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LOCAL NEWS / FEATURES

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