Pine Barrens Tribune March 5, 2022-March 11, 2022

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March 5 - March 11, 2022

Bus Driver Shortage in Pemberton District Prompts Plan to Change School Start, End Times

‘TAXATION WITHOUT REPRESENTATION’

Challenging Circumstances Seen Necessitating Revision in Fall; Not All Board Members on Board

By Douglas D. Melegari Staff Writer

PEMBERTON—As the Pember ton Township School District continues to “face a critical shortage of bus drivers” in the current school year, according to videotaped Feb. 25 remarks by Superintendent Jeffrey Havers, one that is “making it extremely challenging to meet the busing needs of our nearly 4,700 students,” and there being no signs that there will be any significant change with the labor shortage in the district’s Transportation Department by the time the 2022-23 school year rolls around, both Business Administrator Daniel Smith and Transportation Supervisor Edmund Treadaway have put a “proposal on the table” to change the start and end times for five of the nine district schools, believing it will “maximize our resources.”

Under the current plan, which the school officials last week cautioned may still be changed up until it is finalized during a scheduled March 24 Pemberton Board of Education meeting, the schedules for Howard L. Emmons, Samuel Busansky, Denbo-Crichton and Joseph S. Stackhouse schools would be altered, as well as for Pemberton Early Childhood Education Center (PECEC).

As it presently stands, the Pemberton district divides its transportation runs into three separate tiers.

In Tier 1 is Pemberton Township High

Photo By Douglas D. Melegari

A wide view of the shuttered Bass River Township Elementary School.

Bass River School Board to Petition State for Representation on Little Egg Board of Education as Pinelands Regional Officials Associated with ‘Receiving’ LEHT District Prepare to Terminate Their Business Services to ‘Sending’ Bass River District as Elementary School Auction Nears End ‘Embarrassing’ BOE Meeting Advertised with Wrong Time Features Bitter Exchanges Between Board Vice President, Business Administrator Over Hidden ‘Agenda’ and ‘Conspiracy Theories,’ In Addition to Finger-pointing Over Remediation Information with Commissioner Stonewalled

By Douglas D. Melegari Staff Writer

BASS RIVER—It was an improperly noticed Bass River Township Board of Education meeting, but one that over the course of an hour-and-a-half saw local school officials become bitter, confrontational, emotional, and personal with each other – a session summarized by a member of the public attending it as simply “kind of embarrassing.”

The local school board not only dealt with apparently being blindsided by a late January decision of the Pinelands Regional Board of Education to terminate its contract for business office services

with the Bass River School District, but the fallout from a recent claim by the Bass River Township Board of Commissioners that it had sought remediation information from the Bass River district for the past year in doing its due diligence to possibly have the municipality purchase the Bass River Elementary School, now at auction, but that it still hasn’t received “the answers.”

Busi ne ss Ad m i n istrator Nick Brown, who also holds that post in the Pinelands Regional and Little Egg Harbor School Districts, called the Bass River commissioners’ public claim “not accurate” during the first-half of the Feb. 22 Bass River school board session, and

contended that upon reading “an article” on the commissioners’ claim (in this newspaper), he immediately reached out to Bass River Mayor Deborah BuzbyCope, but had yet to receive a return call.

He added that the “door is not shut” and that he would be willing “to talk to them” and that “any information requested we will provide” to the commissioners.

But in a somewhat dramatic turn of events, at the tail-end of the Bass River school board meeting, as “public forum” was just about to come to an end, Bass River Commissioner Nicholas Capriglione arrived in the Bass River school board’s See TAXATION/ Page 6

See SHORTAGE/ Page 4

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Political Novice Who Will Just Be Old Enough to Run in Primary Is First Democrat to Challenge Rep. Andy Kim’s Bid for 3rd Term Reuven Hendler Plans to Focus on Medicare for All, Lowering Cost of Living

Photo Provided

Reuven Hendler, who intends to challenge Third Congressional District Rep. Andy Kim in a Democratic primary.

By Bill Bonvie Staff Writer

MOUNT HOLLY—A new challenge has emerged to Rep. Andy Kim’s candidacy for a third term in Congress – only this time from within the ranks of his own Democratic party.

The latest contender for the 3rd District congressional seat currently held by Kim is a 24-year-old political novice named Reuven Hendler, who says he is running “to support Medicare for All and lower the cost of living for everyone in the district,” and who will just barely be old enough to run by the time of the primary election on June 7.

Hendler, however, isn’t necessarily looking to youthful voters to support his campaign, but rather to disgruntled retirees who have been hit hard by inflation, are struggling on limited incomes and in some cases even having to ration food, and feel their concerns aren’t being heard by Kim, based on more than a thousand conversations he claims to have had with people in the district.

“Seniors have been telling me they think we need more younger people in Congress”, he told the Pine Barrens Tribune in a recent phone interview.

He also said he b el ieve s that the redistricting plan now about to take effect, which will theoretically make the 3rd District even friendlier to a Democrat by replacing some Republican strongholds in Ocean County with municipalities in Monmouth and Mercer counties that are more Democratic in makeup, may actually work in his favor because Kim isn’t a familiar figure to most people in those communities.

Hendler, who cur rently resides i n Beachwood Township, Ocean County, which will no longer be part of the 3rd District map in the coming election (although he said he is looking to relocate inside the newly drawn district), said his studies have focused on Talmudic law, both in Israel and New Jersey, and that he has acquired most of the college credits he needs to earn a B.A., although he has yet to decide what he will major in.

Hendler’s announcement represents the first time that Kim, a Rhodes Scholar, onetime civilian adviser in Afghanistan and National Security Council adviser under President Barack Obama, has faced an opponent from within his own party since he took on and narrowly defeated twoterm GOP incumbent Tom MacArthur in 2018, also largely on the issue of access to healthcare.

Kim also currently has two Republican challengers who plan to square off against each other in the upcoming primary, Robert Healey, Jr., the co-chairman of the Viking Group, a Bass River Township luxury yacht manufacturer, and Ian Smith, the co-owner of the Atilis Gym in Bellmawr Township who gained some notoriety by defying Democratic Governor Phil Murphy’s pandemic shutdown edict and has received a year’s probation after pleading guilty to contempt of court for having done so.

Healey, a one-time punk rocker, has just won the backing of the Burlington County Republican Committee after having gotten the support of a majority of the members See PRIMARY/ Page 5

Burlco Democrats Given Penalties Exceeding $28,000 for Campaign Finance Violations Dating Back to 2016 New GOP County Commission Candidate Claims ‘It’s a Pattern’

By Bill Bonvie Staff Writer

MOUNT HOLLY—The Burlington County Democratic Committee has been recently penalized a total of $28,772.00 by the New Jersey Election Enforcement Commission for several violations of state election financing laws dating back to 2016, according to a consent order and final decision against the committee and its organizational treasurer, Brent W. Lee, prior to political control of the county having switched from Republican to Democratic.

The charges, which were initiated back in December of 2019, included late filing of Form D-3 for the calendar year 2016, failing to report and late reporting of contribution information, failure to file 48-hour notices, and receipt of a contribution from another county committee during a prohibited timeframe, as outlined by the New Jersey Campaign Contributions and Expenditures Reporting Act. The amount of the total penalty was reduced from $35,965 as a result of its having been paid, prior to the final order, by the defendants, who were represented by Cherry Hill attorney Adam S. Malamut.

An attempt by this newspaper to reach the Democratic Committee for comment on this

story was unsuccessful by deadline time.

“Burlington County Democrats want to manage our tax dollars but can’t even handle their own finances,” said Jeff Fortune, current Republican candidate for County Commissioner. “This isn’t just a one-off for the Democrats in Mount Holly. They don’t just dole out five-figure fines for first-time offenders. It is a pattern.”

Fortune, a Moorestown small business ow ne r a nd for m e r m e mb e r of t h at municipality’s board of education, further contended that because Democrats have complete control of the county, “they have been running the government through backroom deals and putting politics ahead of people.”

Fortune will be running on a slate in the June 7 GOP primary that also includes candidate for sheriff Mike Ditzel, of Medford Lakes, a former undersheriff who currently serves as a lieutenant in the sheriff’s department and leads the office’s Warrant Unit and the Hope One program that provides addiction and recovery services to those in need, and Robert Healey, Jr., co-chairman of the Viking Group, a luxury yacht manufacturer in Bass River, who is vying to oppose two-term Democratic incumbent Andy Kim for the 3rd district congressional seat.

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Evesham Officials See Parks Being Made More Accessible to Disabled Using Funds from Healthy Community Grants

Photo By Douglas D. Melegari

Black Run Preserve in Evesham Township.

By Bill Bonvie Staff Writer

EV ESH A M —T h e a c c e s s ib i l it y of Evesham Township’s parks and nature preserves to people with disabilities could soon be significantly enhanced thanks to the “double benefit” of Inclusive Healthy Community (IHC) grants having been awarded by the state to both the township and the Pinelands Preservation Alliance, which has selected Black Run Preserve as “one of its test subjects,” Mayor Jaclyn “Jackie” Veasy emphasized at a recent Evesham Township Council meeting.

The $100,000 grants to which both she and Deputy Mayor Heather Cooper referred were announced back in January 2021, but became a focus of their remarks at council’s Feb. 9 session after residents Gary Warga and Evan Scott urged that trails in the 1,300acre Black Run Preserve on the south side of the township and the proposed new park being planned for the site of the 166-acre former Beagle Club property on the north end be made more serviceable to individuals with physical handicaps.

“Why not have a paved lane beside a nature path for disabled people to use so they can also enjoy the nature trail and get all the benefits, just like all non-disabled people can do?” asked Warga, who weighed in on the subject following a presentation provided by the Friends of Black Run Preserve. “Some may object to this idea, saying you can’t pave in the Pinelands, you’re not keeping the park in its natural state. But the American with Disabilities Act is a federal law that supports my position –you must make reasonable accommodation for people who are handicapped.”

Scott, who joi ne d the s e ssion v ia

Zoom, said he thought the suggestion was “absolutely fantastic” and found Warga’s remarks to be “very powerful.”

Thei r com ments, i n tur n, el icited expressions of support for such a potential from both Cooper and Veasy, as well as Councilman Eddie Freeman III, with the mayor and deputy mayor both noting that the IHC grants, which were specifically designed “to provide funding opportunities to communities and organizations in New Jersey to promote inclusive practices that support the health and well-being of individuals with disabilities in the communities where they live,” may well make implementing such upgrades a viable proposition.

Evesham, Cooper pointed out, was one of only two municipalities to be awarded IHC grants, allowing it to consider ideas along those lines that “maybe most towns don’t have the opportunity or the funding to think about.

“So, that is on the radar, and I am really glad that as a town we can be looking at this,” declared the deputy mayor, who has spent years assisting people with various disabilities.

Veasy said that the biggest benefit of the grant given to the township “is that all the research that we’re doing and consultants we’re working with to give us feedback on how we can be more accessible is going to be incorporated into our master plan, which will then be part of who we are as a community,” and which can also help Evesham to retain its “healthy town” designation from the state.

Freeman maintained that “making sure parks are handicapped accessible is something we are constantly reviewing and revamping and making changes when necessary.”

An encouraging word also came from Community Development Director Kevin Rijs, who noted that in planning for the new “passive park” on the Beagle Club land, the township had put in a specific request for a designer who is experienced in all-inclusive designs. Rijs said he would therefore expect its planning to feature “accessible paths with the appropriate materials for compliant surfaces.”

Scott also took the opportunity to inquire whether the township planned to continue making council meetings available to residents via Zoom, which he said he is a “big fan of” and found “incredibly convenient, especially for some of us who have work-life commitments.”

Veasy responded that the option of Zoom sessions was introduced because of the COVID-19 pandemic, had been discontinued for a time last year when it was thought the virus threat was on the decline, and was going to be re-evaluated at the end of February.

However, the council meeting scheduled to take place then was subsequently cancelled.

Photo By Douglas D. Melegari

A stop sign at the intersection of Retreat and Ridge roads in Southampton Township.

By Douglas D. Melegari Staff Writer

SOUTHAMPTON—The discovery that Southampton Township only has a handful of its hundreds of intersections currently posted with stop signs listed as “designated stop intersections” in the municipal codebook has prompted the Southampton Township Committee to introduce an ordinance that would update the “official” listing to at least be more comprehensive, if not inclusive.

Typically, prior to a stop sign being installed at an intersection in New Jersey, municipal governing bodies adopt an ordinance designating that intersection as a “stop intersection,” in accordance with the provisions of N.J.S.A. 39:4-140.

Those local ordinances also usually specify which of the intersecting roads that comprise the intersection will have stop signage, and on which side of the road such signage is to be placed, especially if the stop intersection is not considered “all-ways.”

“We found out that in our code section, we only had five official (intersections with) stop signs in Southampton,” revealed Mayor Michael Mikulski at a Feb. 15 Southampton Township Committee meeting. “We obviously have more than that.”

A provision of the current township codebook pertaining to “Stop Intersections” states that, “Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule VIII attached to and made a part of this chapter are hereby designated as stop intersections,” adding that “stop signs shall be installed as provided therein.”

Schedule VIII, however, currently only lists five intersections, Huntington and

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Buckingham drives, New Freedom and Chairville roads, New and Ridge roads, Retreat Road and Westminster Drive, as well as Ridge and Retreat roads.

Mikulski, in a later interview with this newspaper, pointed out that there are “a couple dozen (intersections) in LeisureTowne alone” that have stop signs, many of which had been requested by the LeisureTowne Association, Inc. “In fact, I don’t believe state law required any of those stop signs,” said Mikulski, noting that several intersections in the retirement community of over 2,200 homes had stop signs put up in the last year at the request of the association. “I think it was more of a matter of the association’s trustees coming to us and asking us to put them in more as a benefit to the residents who are there, and visitors who are there, as opposed to being a law that a stop sign should have been there.”

However, there are many intersections outside of LeisureTowne, not listed in the schedule, that have long been posted with stop signs.

“There is something in the code that only delineates specific intersections that have a stop sign, so we are correcting it to all of the intersections where there are stop signs,” maintained Mikulski, adding that the intent for the ordinance scheduled for second reading on March 15 is to at least include all of the township’s “all-way” stop intersections.

If the township learns that every single intersection with a stop sign does have to be included in the municipal codebook, Mikulski said “hundreds” of intersections could need to be listed in the final ordinance.

See CODEBOOK/ Page 9

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Pemberton Township School District Business Administrator Daniel Smith and Transportation Supervisor Edmund Treadaway propose changes to the transportation system’s busing tiers.

SHORTAGE (Continued from Page 1)

School and Burlington County Institute of Technology (a school separate from the district, but that some pupils are transported to for career and technical education training programs), while in Tier 2 is Denbo, Stackhouse, Helen Fort Middle School, Marcus Newcomb Middle School and Fort Dix Elementary School. Tier 3 comprises of Emmons, Busansky and PECEC. But Tier 2, maintained Smith in the video and during a preceding Feb. 24 Pemberton s chool b oa rd me et i ng, i s pre s e nt ly “overloaded” and “currently short drivers.”

“If you look at our largest tier, which is Tier 2, we need 38 buses to complete that tier on time,” Smith noted. “And, as of right now, we have only 34 drivers available. So, we have a shortage of four drivers on that tier.”

According to the business administrator, that shortage has necessitated the need for the transportation department to implement “double backs,” transportation jargon for when a bus is required to run two scheduled routes back-to-back that would normally have been covered by two separate buses.

The scheduling nature of double backs can impact student delivery time to schools or bus stops, and can also create a domino effect throughout the school day, affecting after-school drop-off times.

In Pemberton, Smith noted, the result has been “students not getting to school on time, a loss of instructional time and issues getting students home in the afternoon.” The Pine Barrens Tribune previously reported on a number of complaints to that effect aired at Pemberton school board meetings.

Parents have also continued to contact this newspaper with such complaints.

“While we created double backs, this is not really good for anyone,” Smith declared. “It is not good for our drivers. It is not good four our students. It is not good for the schools.

At one point, we had double backs for the high school, our middle schools and DenboCrichton. We are slowly trying to chip away at those. But it has been extremely difficult.”

While the Pemberton district, he pointed out, has “been successful in hiring some bus drivers this year” through stepped-up recruitment efforts, “and there are a few more in the pipeline,” those efforts have been negated somewhat by recent retirements and resignations.

“Unfortunately, they have really been hired to replace staff who retired or resigned,” Smith said. “So, we are not really too far ahead of the game as far as hiring.”

And given that the Pemberton district is “still not at a point where we have a sufficient amount of drivers on staff” to handle the current schedule, according to Smith, “we need to make some kind of adjustment if we want to improve the transportation department.”

The main change both he and Treadaway

would like to make, which he maintained had received the approval of Havers and other members of the “upper” administration, is to “swap” Emmons and Busansky, currently in Tier 3, with Denbo and Stackhouse, which are presently in Tier 2.

That swap, according to Smith, would result in only 28 buses being required for Tier 2 because Emmons and Busansky have a “smaller number of students,” and hence the “need for less bus runs.”

And assuming transportation staffing levels remain consistent in the upcoming school year, such a change would create a “surplus” of available bus drivers for Tier 2, or allow for “floaters,” with Havers pointing out that “right now, there are none.”

Yet, Smith noted, “100 percent daily bus driver attendance is just not realistic.”

“Making these changes could make us have standby drivers,” maintained Smith during the Feb. 24 school board session.

Havers, in fact, went a step further during the video released the next day, contending that such changes would not only “free up drivers to cover absences,” but could allow for the creation of “extra routes” that “maybe decreases the amount of students on buses” and makes the current bus runs both “more efficient” and “shorter for our students.”

T he sup er i nt e nde nt a nd bu si ne s s administrator acknowledged in the video that there is ongoing “overcrowding” of buses and “many issues that still complicate our busing schedules remain.”

PECEC would remain in Tier 3, but Smith noted he and the transportation supervisor are requesting that the Pemberton school board approve changing that school’s start time from 9 a.m. to 9:10 a.m.

The Pemberton district is also responsible for transporting some Pemberton pupils to the Burlington County Special Services School District for out-of-district placement, and due to the special services district’s start time, according to Smith, those involved in making those transports are currently unable to or have difficulty assisting with transporting students to PECEC. “Ten minutes doesn’t sound like a lot of time, but in the transportation world it is a lot of time,” declared Smith, expressing that the time change would allow drivers with runs for the special services district to also assist with PECEC runs.

Pemberton Board Member Lionel Lee, however, a newcomer to the Pemberton school board who previously served as a federal corrections officer and district basketball coach, and whose children attended the Pemberton district, asserted on Feb. 24, upon hearing the proposal, his “concern” is that a later start time for the preschool means that the “youngest kids” in the Pemberton district would be now not arriving home until around 4:30 p.m., with it being dark around that time in the late fall and early winter, giving rise to potential See SHORTAGE/ Page 14

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(Continued from Page 2) c omp r i s i ng t h e Mon mout h C ou nt y Republican Committee following Smith’s entry in the race.

In Hendler’s view, Kim’s claim that he doesn’t take cor porate campaig n contributions is “misleading,” because while it might be technically correct to say he doesn’t take any from superPACs, he does take indirect corporate money through thirdparty political action committees, which Hendler referred to as a “backdoor” for corporate interests to donate to politicians.

He also said he thought Kim, despite the national publicity he received last year for personally helping to clean up the U.S. Capitol after the Jan. 6 invasion by rioters trying to prevent Joe Biden’s confirmation as president, hasn’t done anything to show that “he’s actually fighting for substantive issues,” such as access to free healthcare, which he considers to be both a “human right” and a “personal issue.”

Hendler, who currently works as a project manager for a Lakewood engineering and survey firm and is a small business owner, said when he was in school a few years ago he noticed an anomaly on his head that turned out to be cancerous, but which he had promptly diagnosed and removed thanks to having access to Medicaid. That, he said, made him cognizant of how the out-of-pocket costs involved in most healthcare plans can often result in problems like that not being caught in time, which in turn led to his interest in running for office with a primary objective of promoting universal health care, which the U.S. is the only developed nation to not provide for all its citizens.

In so doing, however, he emphasized that he is not an ideologue who wants to force

LOCAL NEWS / FEATURES

people to give up the employee or union healthcare plans that they now have. He would, however, like us to study the systems used by other countries and “decide what works for us and what doesn’t.” (He also doesn’t think the federal government should be involved in issuing vaccine mandates, which he feels are both a “personal freedom issue” and one best left to local and state jurisdictions and the courts.)

Hendler also advocates extending the Child Tax Care Credit with a stand-alone bill that he believes can get passed with bipartisan support to provide immediate financial relief for families in the district, rather than making such a measure part of the Build Back Better Act that has been stalled in the Senate. He added that if elected he would also introduce a bill to stop the double taxation of Social Security benefits (although that only affects seniors who have earned an income higher than the national average and have enough other income in retirement to have 85 percent of their benefit taxed), in addition to supporting the elimination of tariffs to reduce inflation.

Kim, he contended, had avoided the subject of inflation until he was asked about it this past month, and has only been “focusing on what the party leaders are telling him to focus on.”

“I think our congressman’s responsibility is to focus on what people in the district need,” Hendler declared.

Hendler also criticized Kim for continuing to conduct his town halls remotely, despite having attended numerous in-person events.

“We deserve a congressman who serves with integrity and will keep all his promises,” said the newly minted candidate, who claims that his campaign, Reuven Hendler for Congress, currently has over 20 volunteers, including a manager, Juda Yardley.

But in the event that it proves unsuccessful, he said he will, in fact, vote for Andy Kim.

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LOCAL NEWS / FEATURES

TAXATION

(Continued from Page 1) meeting chambers (for now at the mostly empty Bass River Elementary School) and not only disputed Brown’s earlier claim, but began pressing the attending school officials for answers about the remediation. He was, however, seemingly stonewalled by Brown and Bass River School Board Solicitor Paul Kalac, with the two school officials contending the Bass River school board meeting’s “public forum” isn’t the place for such “conversations,” but rather provides an opportunity for Capriglione to simply “make comments,” which the solicitor pointed out he has the “First Amendment right to do.”

Despite a promise from Kalac that Capriglione’s questions “will be discussed to the extent that is necessary,” Capriglione never received the answers to his questions as the public watched, all as Assistant Business Administrator Jonathan Yates, also secretary to the Bass River school board (and who holds positions in Pinelands Regional and Little Egg Harbor schools as well), said he was confused as to whether Capriglione was speaking as a “resident” or “commissioner,” with Capriglione identifying himself as both initially, though he shifted back-and-forth as Yates peppered him.

The Feb. 22 Bass River school board session, which went off the rails at times, also featured Bass River School Board President Bonnie Adams pushing back somewhat on a claim to this newspaper from Pinelands Regional and Little Egg Harbor School District Superintendent Dr. Melissa McCooley – Brown and Yates’ superior who has been the subject of a parent-led petition calling for her removal as superintendent – that the termination of the shared services agreement for business office services was discussed with her ahead of time.

That is in addition to Brown moving away from the previously stated reason given for the termination, claiming it was instead the result of “something tragic that happened in my personal life.” (Though Brown did not offer further details during the meeting, a front-page story published by a South Jersey daily newspaper last year appears to offer more detail about the predicament of a Camden County woman related to Brown.)

Meanwhile, the Bass River school board, fearful the termination of the office services agreement with the very officials who also oversee the Little Egg Harbor School District, where Bass River students are now sent for classes after the elementary school’s closure, will now result in “taxation without representation,” or disrupt the flow of communication between the Bass River and Little Egg Harbor/Pinelands Regional schools, added a resolution to the meeting’s agenda that Brown wasn’t anticipating (based on an initial remark by him suggesting the

WWW.PINEBARRENSTRIBUNE.COM time that meeting was noticed might not matter given that there was only one action item on the agenda [the added resolution made it two action items]).

The added measure seeks to petition (and also have the residents petition) the state Department of Education to change the law so that the Little Egg Harbor Board of Education has at least one Bass River representative on it.

At the Feb. 22 Bass River school board session’s very end, Bass River Board Vice President Kevin Foder, who previously called on McCooley to resign immediately after the termination was approved by the Pinelands Regional board, and who clashed with Brown during the course of the Feb. 22 Bass River board meeting to the point that Brown accused him of promoting “conspiracy theories” and added that nothing will “stop you from developing conspiracy theories and spreading them around town,” asked Adams if McCooley was invited to the meeting, as well as Patty Martin, who represents Bass River on the Pinelands Regional board.

“I did speak to her (Martin), and I also emailed her, asking her to come to this meeting because we thought it was very important, and she declined,” declared Adams, adding that she did not invite McCooley, prompting Foder to point out the superintendent has rarely attended Bass River school board meetings, with that point cut off by Adams who stated that it can be a subject undertaken at the Bass River school board’s next meeting.

Possible Meetings Act Violation

The Feb. 22 Bass River school board session was not a regular meeting, but rather a “special meeting” noticed in the Bass River district’s legal newspaper, The Press of Atlantic City, to begin at 6 p.m. for the purposes of conducting “open board seat applicant interviews.”

“The board may consider any other matters which are not known at this time, but which may subsequently be determined to require its attention at this meeting,” the published Jan. 20 legal notice stated, noting that the meeting would be “hybrid” or could be attended either in-person or remotely.

No other legal notices had been published regarding the Feb. 22 Bass River board meeting, based on a search of a database with such notices maintained by the New Jersey Press Association.

At 6 p.m., this newspaper attempted to access the meeting remotely through a link on the Bass River School District’s website.

The link brought prospective attendees to a YouTube Live video link with a notice that said the “meeting has not started yet” and a countdown clock showing that the session would begin at 7 p.m.

Under the Open Public Meetings Act (OPMA), according to past remarks from public body solicitors in our coverage area, advertised meetings must begin within 15

minutes of the time scheduled in a legal advertisement.

In addition to the time stated in the published legal notice, a statement on the Bass River district’s webpage announcing the Feb. 22 Bass River school board session and containing the remote access link stated that the session was to begin at 6 p.m. (it was changed by the end of the Feb. 22 session to reflect the correct time of 7 p.m.)

“My first question about the agenda, and this unfortunately has to be asked – with the advertisement of the times and everything with the meeting, are we going to have any issues with having this meeting?” asked Tom “Tommy” Williams, who previously resigned from the Pinelands Regional board last year as its president due to a battle with the Coronavirus and now serves on the Bass River school board. “Our meeting was advertised for 6 p.m., in The Press of Atlantic City’s legal notices back in January, and here we are tonight at 7 p.m.”

According to Williams, the scheduled time of the meeting had been changed over the course of several emails, with some indicating the start times would instead either be 6:30 p.m. or 7 p.m.

“It was listed in the paper to start at 6 o’clock, then it went to 6:30 p.m., then it went to 7 o’clock,” Foder contended. “At five minutes after 6, I started getting text messages asking, ‘What time is the meeting?’ People did not know. I found out about it (the change to 7 p.m.) after quarter of 11 this morning. I was prepared to come at 6 o’clock!”

Initially, Brown, in reply, said that he “checked the advertisement” with his secretary and “we advertised all the meetings at the same time (with Bass River board meetings traditionally set for 7 p.m.).”

“Mr. Williams said he saw it scheduled for 6 o’clock,” Brown said. “But it was never the intent to advertise it for 6 o’clock. I did not read those advertisements (stating the meeting was) at 6 p.m. If it was (scheduled for then), where does that put us now?”

Kalac’s initial response was that he “wasn’t sure what the concern is” because, “I thought all the meetings in Bass River start at 7 p.m.”

“In The Press of Atlantic City’s legal notices, it states we are having a special meeting tonight and that it is to begin at 6,” replied Williams, also a retired-police lieutenant. “The only question there is – and the only answer needed to the question I asked – is are we in compliance with the Open Public Meetings Act by having this meeting?”

As Kalac, whose online profile boasts that he has both appeared countless times before the Office of Administrative Law in the state’s three vicinages located in Trenton, Newark and Atlantic City and also gives lectures to numerous state school associations, maintained that he was “trying to understand” the issue, Carol Bitzberger, another member of the Bass River board, declared, “I thought the meeting was

Saturday, March 5, 2022 scheduled for 6 o’clock tonight, also.”

After Williams emphasized that he “just wants to assure, as a school district, we are having a meeting that is in compliance with the Open Public Meetings Act,” Yates asked the recent lung transplant recipient (whose been at odds with the McCooley administration, especially after the superintendent filed a police complaint against him last year for having his wife access his emails while he was hospitalized [one which was ultimately closed by police without action]), “When did you recognize there might be a conflict with the time?”

Williams replied that he had sent an email to Brown earlier in the day, which the business administrator said he did not recall receiving.

“My question is how did we get to 7 o’clock?” asked Kalac, noting that the original intent of the special meeting had changed since nobody apparently submitted their resume to be considered for the open Bass River school board seat.

Only then did Brown acknowledge it was a “miscommunication between my office and the person who handles the advertisements.”

“Mr. Williams asked for clarity on the time today (via email) but did not mention the legal ad provided that information,” Brown added.

“It is the first time I am hearing about that.”

Foder pointed out that the legal notice, under the OPMA, was also sent to the municipality, which then, in turn, posted on its website the scheduled time of the special Bass River school board meeting for 6 p.m.

“Are we legally doing it (holding the meeting)? Foder asked. “What if people were here at 6 o’clock? Do we know if anybody left?”

Brown replied that “there were people (district staff) here at 6 p.m.” who were “setting up” for the special Bass River session.

“We have had people in the building since that time,” he contended. “If we should not be conducting the meeting, because we did not provide adequate notice of the date, time and location of the meeting, then it will make sense to stop now and schedule it to another date. If, after consultation with Mr. Kalac, if it will make more sense to continue, then we will continue.”

Any action taken by a public body at a meeting, which does not conform with the provisions of OPMA “shall be voidable in a proceeding in lieu of prerogative writ in the Superior Court,” according to state statute.

However, a public body can take corrective or remedial action by “acting de novo” (starting anew) at a new, properly advertised public meeting.

Any person (not the public body as a whole or district) who knowingly violates the meetings act can be fined $100 for the first offense, and up to $500 for any subsequent offense. The Superior Court shall have jurisdiction to enforce any penalty, upon complaint of the attorney general or the county prosecutor.

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Cinnaminson Man Charged in Death of Medford Teen Who Fatally Overdosed on Counterfeit Prescription Drugs Containing Fentanyl MEDFORD —A 19 -ye a r- old Cinnaminson Township alleged drug dealer has been charged with causing the death of a Medford Township teenager who reportedly fatally overdosed in his home early last year on counterfeit prescription drugs that contained fentanyl.

Zachary DiBattista, of the 500 block of Camelot Court, was charged earlier this month with first-degree strict liability for drug-induced death, according to a joint Feb. 25 press release from Burlington County Prosecutor Scott Coffina and Medford Township Police Chief Art Waterman.

He was taken into custody on Feb. 23 by the U.S. Marshals Service New York/New Jersey Regional Fugitive Task Force, with assistance from the Camden and Atlantic City divisions, it was noted in the press release. The Burlington County Sheriff’s Department is a member of the task force and participated in the apprehension, the press release noted.

The investigation into the Medford teen’s death began on March 6, 2021, after officers from the Medford Township Police Department were dispatched to a Yorkshire Drive home for a report of an unattended death.

Upon arrival, according to the press release, officers found the body of Max Mather, 18, in his bedroom.

Burlington County Medical Examiner Dr. Ian Hood then determined that Mather died from fentanyl toxicity. The toxicology report also noted the presence of Xylazine, an animal tranquilizer not approved for human use.

“The investigation revealed that Mather fatally overdosed on pills he had purchased from DiBattista a day earlier at a Marlton convenience store during a meeting that was arranged on Snapchat,” it was stated in

the press release. “The investigation further revealed that Mather was purchasing what he believed to be Oxycontin pills, when in reality he was provided with counterfeit controlled prescription drugs (CPDs) containing fentanyl that were designed to resemble authentic oxycodone 30 mg tablets.”

DiBattista, upon being charged last week, was lodged in the Burlington County Jail in Mount Holly pending a detention hearing in Superior Court.

It was noted in the press release that counterfeit CPDs are blue and are stamped with “M-30,” and they also “tend to be off-color from legitimate tablets, can be speckled and are easier to crush.”

“Most i mpor t ant, they com mon follow uslyon contain fentanyl, whichfacebook.com/MedfordUMC can be 50 times stronger than heroin, meaning those who take them are unaware of the potentially lethal consequences,” it was emphasized in the press release.

“One of the most tragic aspects of the unrelenting substance use disorder epidemic is how young overdose victims tend to be,” Coffina said. “In this case, the victim was only 18 and still in high school, with his whole life ahead of him. He presumably thought he was taking a prescription drug that would not harm him, and it is nearly impossible for the untrained eye to distinguish a ‘real’ Oxycontin pill from a counterfeit one. To avoid similar tragedies, we need to do everything possible to make sure our children (and adults) understand that there is no such thing as a ‘safe’ prescription drug unless prescribed by a licensed professional and supplied by a licensed pharmacy.”

T he c as e was i nve stigate d by the P ros e cutor’s Of fic e Gang, Gu n and Narcotics Task Force (GGNTF) and the Medford Township Police Department.

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While not all of the intersections currently with stop signs in Southampton are designated as stop intersections in the municipal codebook, the mayor maintained to this newspaper that “we have not been told that any of our stop signs are not legal” and “as I understand it, anywhere where a stop sign is posted is still a legal stop sign.”

“In terms of if somebody got a ticket for running a stop sign (not listed in the schedule), no (it can’t be overturned), because a stop sign was still posted,” Mikulski, who is also an attorney, told this newspaper. “So, my understanding is anywhere a stop sign is still posted, you are still obligated to stop.”

T he m ayor, i n not i ng t h at some “neighborhood” intersections don’t even require a stop sign, maintained that motorists “still have an obligation to ensure the right of passage is clear” before proceeding through an intersection.

Judith L. Drucker, a spokeswoman for the New Jersey Department of Transportation (NJDOT), last year, when it was pointed out at a township committee meeting that not all intersections in LeisureTowne have stop signs, prompting a newspaper inquiry on the state law in that regard, responded that “no, municipalities don’t have to post stop or yield signs at all intersections.”

“Under state law, NJDOT is required to use the Federal Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) as the standard for the type and

location of traffic control devices, such as signs, traffic signals, and roadway markings on state highways,” Drucker explained. “New Jersey law allows counties and municipalities to establish regulations on roadways within their jurisdiction, including the posting of stop and yield signs, as well as roadway markings, but they too must follow the MUTCD.” “Typically, one or more approaches of an intersection are controlled by stop or yield signs, or a traffic signal, but they must be warranted in order to be installed. For intersections with no posted stop or yield signs, state law assigns right of way as follows: the driver of a vehicle approaching an intersection shall yield the right of way to a vehicle that has entered the intersection. When two vehicles enter an intersection at the same time, the driver of the vehicle on the left shall yield the right of way to the driver of the vehicle on the right.”

Lar r y O’Rourke, president of the LeisureTowne Association, during a Jan. 18 Southampton committee meeting, noted that Kevin Boyd, another association trustee, recently took a “physical inventory” of “street signs and stop signs in LeisureTowne.”

“For your information, there were 98 street signs and 98 stop signs,” said O’Rourke of the findings. “You did add about a dozen stop signs (in the last couple of months). So, there are 41 missing stop signs or stop signs in disrepair, and 31 street signs that are unreadable or in disrepair.”

O’Rourke noted he would provide the township with a list and was “looking for what, if anything, can be done” to address the signage issues.

“We’re concerned, primarily from a safety

perspective,” O’Rourke declared.

He also requested “enhanced stop signage” for two intersections in LeisureTowne, Huntington and Buckingham drives and Huntington and Westminster drives.

“They are both significant intersections,” the association president noted, suggesting flashing or larger stop signage for them. “…

People just disregard the stop signs (at those intersections) and it is dangerous. So, anything that can be done would be appreciated.”

Given that Southampton “doesn’t have 30 stop signs in stock,” Mikulski said the priority would be given to “major intersections” and then the township would “go from there.”

As for any flashing stop signs, a consideration for the township will be if the lighting could flash into homes, but the mayor vowed to have the Department of Public Works investigate the feasibility of such signage.

According to a New Jersey Driver’s Manual put out by the state Motor Vehicle Commission, at a multi-way stop or stop intersection (or one that is controlled), a motorist must yield to the motorist on the right if both motorists get there at the same time. A motorist should also yield to another motorist already stopped at the intersection.

An intersection is uncontrolled when two or more roads join and there is no traffic signal or regulatory device, and in such situations, “a motorist must be careful when approaching these types of intersections,” according to the driver’s manual.

“As a motorist nears a crossroad that is not controlled, he/she must reduce speed and be ready to stop if any traffic is coming from the right or left,” the manual states.

“For citizens driving the roads, the

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tightening of the (municipal) ordinance should make no difference to them because they should already be following signs that are posted (or the rules for the lack thereof),” contended Mikulski in the later interview with this newspaper.

As for how it was discovered that the schedule of designated stop intersections in the municipal codebook was not up to date, Mikulski when asked about it, contended that, “as you will recall, from maybe a year ago, what we started to do, in the process of making sure our ordinances are up to date, is that anything the planning board brings to us, or when people are asking us for (common) variances, we look at them and try to make changes.”

“This is along the same lines of a year ago when we found out that there was an ordinance on our books which stated you couldn’t have a restaurant on Route 206 or within Southampton’s borders,” said Mikulski, noting that particular ordinance had since been changed (redefining sit-down restaurants, and adding such restaurants as a “permitted use” in the municipality’s Highway Commercial [HC] and Town Center [TC] districts.)

And Mikulski made a big announcement in that regard at the latest township committee session on Feb. 15, pointing out that “Dunkin’ Dounts construction is moving forward” for a vacant “old bank at the circle” where Routes 206 and 70 intersect, revealing that those behind the project had “submitted site plans to the construction office.”

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The now-former Bass River Township Elementary School.

TAXATION

(Continued from Page 6) “Everybody is here, number one,” Kalac maintained. “I don’t know if anybody was here at 6 p.m. If anybody was here from 6 to 6:30 p.m., who was a member of the public, and then left and didn’t have an opportunity to attend – well I know this was scheduled as a hybrid session, so people could also see this virtually … and if there was a miscommunication that was just found out today, that is a little bit concerning because we now are here.”

Kalac ultimately advised the school officials and board that they “have a choice” to continue with the Feb. 22 Bass River board session, but that his “legal opinion” on the matter is that “everybody was here at 6:30 p.m. or 7 p.m. thinking they had notice it was at 7 p.m.”

While officials “can call it” a night, Kalac added, “under these circumstances, If you hold the meeting right now, you are not doing anything illegal.”

“You are acting in a legal capacity,” he added.

Williams followed up on Kalac’s legal opinion, asking, “Nobody can make a claim against the district or the district employees?”

“There is only one resolution on tonight’s agenda and that is to accept the audit that is going be presented,” said Brown, who along with Yates, is charged with preparing the agenda for public dissemination. “So, that is the only motion on the agenda.”

Taxation Without Representation?

But as the meeting ultimately proceeded with the Bass River school board attempting to approve its agenda for the session, Adams asserted, “Can I have a discussion for a resolution to be added to the agenda?”, describing that resolution as one that would petition the state and state Department of Education for “representation on the Little Egg Harbor School Board.”

The degraded acoustics because of the empty room (much of the elementary school’s

Photo By Douglas D. Melegari

assets have been sold and given away), in combination with officials having to wear face masks due to a Coronavirus pandemic mandate (as well as apparent audio issues online users experienced), made it difficult for some to hear, including Bitzberger.

“I am having trouble hear ing and understanding what is being said,” Bitzberger declared. “Voices are mumbled because of masks being on.”

A member of the public attending the meeting in-person could then be overheard shouting, “It’s very hard to hear!”

“There is a motion on the floor to approve tonight’s agenda, accepting a resolution to add to the agenda, to petition the state Department of Education to request (Bass River) representation on the Little Egg Harbor School Board,” Brown recounted.

The item was added to the Feb. 22 meeting agenda with one abstention, but later in the meeting, it received unanimous approval.

Adams, in reading the resolution aloud, noted that Bass River Elementary School was shuttered in a March 25, 2020, vote “in large part” due to “decreasing state aid” and that on that same day, the Bass River board entered into a send-receive relationship with the Little Egg district from July 1, 2020, to June 30, 2026, causing Bass River students in kindergarten through sixth grade to now attend Little Egg’s two elementary schools.

According to Adams, which was later noted

by Brown as well, “if the amount of pupils of a sending district “comprise less than 10 percent of the total enrollment of pupils of grades in a receiving district,” the sending district “shall have no representation on the (receiving district’s) board of education.”

Adams pointed out that Bass River “does not have representation” on the Little Egg board because the Little Egg district’s enrollment “comprises less than 10 percent” of Bass River students (and thus Bass River currently has its own school board in charge of Bass River students).

A “lack of representation” on the Little Egg board, according to Adams and affirmed

in the approved resolution, “effectively results in the (Bass River) board’s seceding local and physical policy decisions to the Little Egg Harbor board,” which “greatly diminishes the ability of Bass River residents to have a say in what happens in their children’s school,” in addition to Bass River residents “having no control over their school taxes.”

“For the residents, basically you are paying taxes to the schools, and have a taxation without representation,” declared Bitzberger in summarizing the resolution.

Foder added that the township is “left with no representation for elementary students” and that the added item “is something we need to do and push.”

“We need signatures,” Foder asserted. “We need to get it up to the state level. We want to support the residents as much as we would like the residents to support us.”

The intent of the resolution and petitioning, Adams emphasized, is so that it prompts changes to an “unfair system” and “we have a vote” on the Little Egg board.

Seemingly engendering the resolution is not only the pending sale of the Bass River Elementary School, but a Jan. 24 decision of the Pinelands Regional board, as previously reported by this newspaper, to terminate a shared services agreement for central business office services with the Bass River district.

Given various other shared services agreements that are in place, Brown and Yates also provide their business administration services to the Pinelands Regional and Little Egg Harbor districts, and thus it essentially makes for everything to be currently in sync or concurrent.

Brown, when previously questioned by Foder during the Jan. 24 Pinelands Regional school board meeting about when the idea of initiating a termination came about and if Bass River school board was notified (suggesting the Bass River school board was blindsided by the item), replied, “You’re hearing about it tonight – it is on tonight’s agenda.”

McCooley, however, in a later Feb. 1 email to this newspaper, claimed that “Mr. Brown did speak to the Bass River School Board President (Bonnie Adams) prior to placing this (termination agreement) on the Pinelands agenda.”

She added that the decision to cut ties with the Bass River board was because “the school building is up for sale, the budget will be done, and the shared service is no longer going to be provided,” in addition to Brown and Yates having “lot on their plate at this point” creating circumstances that have “become a bit overwhelming.”

Shared Services ‘Disagreement’

“With the shared services agreement ending between Pinelands and Bass River, I am going to encourage the board to post for a new business administrator soon,” said Brown during the Feb. 22 Bass River school board meeting, noting that the Bass River school board does not have a meeting

Saturday, March 5, 2022 scheduled for April and the termination becomes effective May 3.

That statement from the business administrator, made as the Bass River board began conducting its “new business,” prompted Foder to grill both Brown and Yates over how the termination decision exactly came about.

A review by this newspaper of recent Bass River Board of Education meetings, conducted under the supervision of Brown and Yates, located no mention of a possible termination of the shared services agreement between the Pinelands Regional district and Bass River school board, nor was there any recent executive session convened where the subject might have been discussed behind closed doors. There was, however, exchanges between the business administrators and Bass River school board members.

Additionally, as previously reported by this newspaper, a member of the Pinelands Regional school board had stated it was his understanding the termination was to be discussed by the Pinelands Regional school board on Jan. 24 prior to a vote, but was corrected by Brown that a discussion was actually not going to take place.

“I am going to pose this question to you again – what if the school is not sold by then?” said Foder in re-asking a question he posed to Brown during the Jan. 24 Pinelands Regional school board meeting. “Now we are going to have to put that on a new business administration?”

The business administrator, in reply, quipped, “Clearly that is the answer, ‘yes.’”

Williams, who would soon join in on the grilling of Brown and Yates, asked, “Clearly that is the answer from whom?”, wanting to know if that is the reply of the Pinelands Regional board or Brown as the business administrator for Pinelands Regional.

Kalac, during the course of the grilling, in an apparent attempt to steer Bass River school board members away from questioning Brown and Yates individually, kept pointing to being given by the Pinelands Regional district copies of the shared services agreement for business office services, and letters with regard to the termination, maintaining he wasn’t at the meeting and those were the only items he could go by.

But Kalac, in the course of referencing the correspondence, acknowledged having received a “Jan. 20” letter from Brown and the “Pinelands Regional Board of Education” in regard to the “termination of the shared services agreement,” one that was apparently written four days before the official Jan. 24 board action, which seemed to only raise more questions about how the decision came about.

“It looked like it was unanimous,” said Kalac of what he could infer of the Pinelands Regional board decision from the correspondence. “… I can certainly contact the Pinelands board’s counsel to see what See TAXATION/ Page 11

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(Continued from Page 10) happened.”

But of note, according to Kalac, is that the shared services agreement for business office services is “real loose” with “not much of a requirement” for either party in terminating it. ‘“Either party may terminate the agreement by giving either party 60 days’ prior written notice of the termination,’” said Kalac in reading the termination clause of the agreement. “In the event of a termination, the (Bass River) district shall pay Pinelands for all services, including up to the day of termination.”

No formal resolution by the Pinelands Regional board is required, said Kalac in response to questions from Bass River school board members, which suggested they believed one might have been required.

The main takeaway, Kalac indicated, is that Pinelands Regional officials, nor Bass River officials, are obligated to provide any reason for deciding to terminate the business office agreement.

Foder, however, insisted that Kalac put the question to the Pinelands Regional solicitor of who approved the termination of the agreement.

“Who approved it? – The (Pinelands Regional) Board of Education,” Brown quipped.

That response resulted in Foder further pressing Brown and Yates as to “what changed” from “being able to handle everything,” which caused the two business administrators to begin to take issue with being directly questioned.

“Let me finish my question, please!” Foder quipped. “You can sit there with a smirk on your face or do whatever you want, but you are paid by the residents of this town … and we are the board of education of Bass River! … My question is what has changed in the last two years from there being no problem to ‘so much on your plate.’ You have no school here!”

While Kalac pleaded for both school officials and Bass River school board members to “hold on” as they began to talk over each other, and again pointed out that “all I have in front of me is documents as I did not sit in the (Pinelands Regional) meeting,” as well as reminded both the appointed and elected officials that 60 days’ written notice is the only requirement of the termination clause, Adams attempted to clarify Foder’s question, asking, “Why would the Pinelands Regional School District, with Mr. Brown at the helm, decide we are done?”

She then corrected Kalac in maintaining that the Bass River board vice president’s question is “not about the terms and conditions of the shared services,” but rather “simply what transpired that this decision (to terminate) was made.”

“What you are inquiring really infringes on my personal life,” Brown declared. “I

discussed with you (Adams) – gave you the courtesy of a discussion about this decision – prior to the board taking action,” Brown maintained. “I understand there is some concern, and quite frankly, it is ‘flattering’ you guys want me to stick around for an infinite period of time until the work is done, but I won’t address your specific questions.”

The business administrator added that if the Bass River board wants to “challenge the legality” of the decision made, then it has a “right” to do so in court.

“I discussed this matter with the board president, prior to it becoming a board decision of Pinelands, and I am very comfortable with the decision I made,” Brown asserted. “And that is all I am going to say.”

Foder then turned to Adams and asked, “Is that true?” (Adams previously did not return this newspaper’s requests for comment on the termination, citing a death in her family.)

“I would like to comment and make it perfectly clear to everyone who is listening, and who is in this room: Mr. Brown did discuss it with me, but very briefly, as he puts it very politely, that there are personal reasons he is going to terminate,” Adams acknowledged.

“I did not in any way say or discuss with Mr. Brown a ‘shared services agreement,’ which entails more than a BA (resigning).”

Brown could be overheard mentioning to Yates that he had a “problem with” the discussion unfolding, contending the board was discussing in open public session “personnel” matters. But the discussion continued, leading to one of the biggest clashes of the session.

“Now, when I went to that meeting on the 24th, I asked when did this come about,” Foder recounted. “When it came time to ask questions about the agenda, I did. I asked when did that come about, and when was this done. I was told by Mr. Brown it was ‘done that day.’”

Brown, who became irate, retorted, “It was on the agenda that day!”

“Do you want me to give you a history of my life?!” said Brown angrily. “If this conversation about my life continues any further, I am going to excuse myself from the room and you can continue the conversation!”

But Brown never followed through on doing so.

Instead, Kalac again called on the parties to “hold-on, hold-on.” He also again reiterated he was not in attendance at the Jan. 24 Pinelands Regional school board session, but that the termination notice provided to the Bass River school board was “in compliance with what this shared services agreement states is to be done.”

He added that the termination of the shared services agreement for business office services is not an individual action by Brown, but rather a “board action” by the Pinelands Regional Board of Education.

“I understand Mr. Brown is here and he is an employee of Pinelands Regional … but

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the board took this action, one that is done, and completed at this point,” Kalac asserted.

“I am not quite sure what the questions or concerns are, and there may have been a miscommunication, or misunderstanding.

I can only go with the paperwork here and what was done.”

According to the Bass River school board solicitor, “quite honestly,” if there is a concern about the legality of the Pinelands Regional board decision, it should be a discussion had in closed session under “attorney-client privilege,” but not one that is “here with Mr. Brown or Mr. Yates.”

“This is not a forum for this discussion,” Kalac declared.

Foder, however, retorted that “some of this should be discussed in public.”

“The taxpayers came out here!” Foder asserted. “This is where taxpayer’s money goes! They send their children to Little Egg Harbor Township! I am sure they have questions about this! So yes, this is time to discuss it in a public forum!”

Kalac and Foder then began to exchange words, with the former maintaining “this is not a section on the agenda to discuss this right now.” But Williams retorted that the termination was on the evening’s agenda, causing Kalac to point out the termination was listed on the agenda only for the Bass River school board members “to tell me what happened.” The solicitor again reiterated he “can only” ask the Pinelands Regional board solicitor the reason for the termination, but, “I don’t know if they will tell me.”

That prompted Foder to point out that he is known “for speaking my mind” before calling the shared services agreements (especially the one formulating the secondreceive relationship, which remains in effect) part of a “sneaky, underhanded deal” to accelerate regionalization (which is currently in discussion amongst all Pinelands Regional towns, with McCooley leading the charge in previously discussing its many benefits to taxpayers and students as reportedly concluded through a recent study).

“I think goals were set, and the goal line now is in sight (with the closure of Bass River Elementary) and they are going to hit it!” contended Foder. “There was an agenda when they came here and to do shared services and all, which I voted ‘no’ on the study that was done. Now what people said was going to happen, is happening!

“We are looking like idiots, while they are all stepping back! And they are leaving everything on the table for us to handle as a school board! Basically, to me, they lied to us. They lied to everyone in here, everybody in this town and everybody else!”

Kalac then asked Foder, “Who are you talking about?”

“I am talking about Dr. McCooley!” Foder declared. “I am talking about the Board of Education! I am talking about Stockton University, who did the study! I am talking

♦ Page 11

about, from A to Z, everyone involved in the closing of this school!”

Brown, who is known to have close ties to McCooley’s family, quipped, “Another conspiracy theory, isn’t it!”

But Williams, in that moment, actually came to the defense of both Brown and Yates, pointing out he “must be fair and honest” that “these gentleman” were not “even here when it started,” before alleging there is a “paper trail.”

Foder, though he praised both Brown and Yates for going “above and beyond” for Bass River, at the same time maintained he “feels there is an agenda of coming here, closing this school and walking away” which is now “leaving us in the dark now that the goal is almost there.”

“That is completely untrue, and I am not going to convince you otherwise!” Brown contended. “And I am going to go against my better judgment, but the reason I am leaving is entirely because of something that happened in my personal life. And that is as far as I am going to describe it. I am entitled to make that decision just like everybody else in this room would if they were experiencing something in their personal life that dramatically impacted their availability and all those kinds of factors!

“If you want to seize on that opportunity because something tragic happened in my personal life, and distort that into some conspiracy theory about a 10-year plan, look, nothing is going to stop you from developing conspiracy theories and spreading them around town – nothing has yet!”

Brown further called the “conspiracy theories” being said “untrue.”

“It has everything to do with that I can no longer continue this,” Brown said. “Those decisions will remain between me and my family. But I appreciate everybody’s concern about my family. But I can assure you it is not as exciting as it is being made out to be.”

Foder pointed out that when Brown became the business administrator for both the Pinelands Regional and Bass River districts, he stated he was “all for shared services” because it “is the best thing for the town, you save money and everything else.”

“Did you or did you not say that?” said Foder, in appearing to reference a previous newspaper report.

Brown replied that “this school” is a “keystone to shared services.”

“We are done with the back-and-forth guys!” added Brown emphatically.

But Brown and Foder continued to exchange words, some of which were inaudible, but what could be heard is Brown maintaining “that is not what I said,” adding, “But don’t worry, you’ll make it up – you always do.”

“Just like you do!” Foder quipped.

The bickering was quelled some when Adams pointed out that Brown “did send us See TAXATION/ Page 13

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TAXATION

(Continued from Page 11) what he is going to do” in his final days as the district’s business administrator.

But when Adams asked Brown if he would like her to read the list he provided, the business administrator, still apparently simmering over the dispute that just occurred, asserted, “If it isn’t an opportunity to play gotcha, because that is what it feels like.”

“But hey, say your piece!” Brown added.

Yates, however, took control of the meeting, pointing out that the Pinelands Regional business administration would “finish out its work on a budget for the 202223 school year, oversee the closeout for the sale of the building, and see the sale of the building through.”

The assistant business administrator pointed out that Pinelands Regional was “providing you with 90 days’” notice, versus the requirement of only 60 days’ notice.

“Nobody wants to leave work unfinished,” Yates declared. “… The intent of this process is to finish out this work so whoever takes over, doesn’t have much to do. We are happy to help in that transition.”

Fallout from Commissioners’ Claim

As previously reported by this newspaper, the more than 23,000 square-foot building at 11

North Maple Avenue, formerly the Bass River Township Elementary School, a both historic and iconic building in the center of Bass River Township’s New Gretna commercial district that is considered one of the town’s largest facilities, as well as the 4.15 acres it is situated on, has been listed for sale by auction on GovDeals, an online liquidity services marketplace for government-owned property.

The Bass River district is seeking a minimum bid of $400,000 for the former elementary school and the two lots it comprises, according to the online auction site, with bid increments set at $3,000. The minimum bid, however, is well under its appraised value of $690,000.

A “bid preview period,” as Brown put it during a Jan. 10 Bass River school board meeting, started Jan. 4. The auction kicked off on Feb. 1 and is scheduled to conclude on March 11.

“So, we had two walkthroughs held over the previous couple of weeks with potentially interested buyers,” said Brown during the Bass River school board’s Feb. 22 meeting in noting the board asked for an update on the auction. “We have two more scheduled this week. Somewhat encouraging is that the listing has had more than 21,000 views on GovDeals. But we don’t see any bids yet.”

The Pine Barrens Tribune also previously reported that a group of Bass River residents approached the Bass River Township Board

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However, ac cord i ng to both Bass River Mayor Deborah Buzby-Cope and Capriglione, the municipality has been “asking for well over a year now” about air

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quality, asbestos, flood, mold and oil tank remediation at the former school, and “is still awaiting answers” from the district, reportedly not yet having been provided with copies of remediation “reports.” Foder, attending the Feb. 7 commissioners meeting, asked for that public body to provide him with a list of questions and he would get it See TAXATION/ Page 15

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Smith, in response, contended that the potentially later arrival time is “something we spoke about,” but that the administration is “pretty confident” it will be “OK” because PECEC parents are required to “be at the stops” to pick up their children.

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Smith described that the association provided “feedback,” but did not reveal the nature of it.

“I’d really like to hear the Bus Drivers’ Association’s input on this,” declared

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Maldonado maintained that she is “still seeing a nightmare with busing either way you go with this,” especially since many of the Pemberton district’s schools start and end at relatively the same time.

But both Smith and Havers emphasized that they believed the changes would work because different bus drivers would be assigned to the schools that start and end within close proximity to each other, and because Tier 2 would have less students by swapping two schools in it for ones that have less enrollment.

Smith noted that the Pemberton district did not want to amend the schedules of Pemberton Township High School, nor the district’s two middle schools, because of schedules for athletic and extracurricular activities (the school schedules need to closely match other area districts to work),

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which Lee said he was “glad” to see because when officials had “attempted” it in the past, “it really wreaked havoc.”

Sheri Lowery, another Pemberton board member, inquired about the efforts to address the “culture and climate” in the district’s transportation department given that “we have had a big turnover.”

“Are we doing anything about this?” she asked, th row ing out “ideas” for improvement, which included providing for coffee and doughnuts to give to the bus drivers every morning, pointing out that many drivers are “local” and begin their day at 4:30 a.m. when area establishments are still closed.

Smith called Lowery’s idea a “good” one, but claimed that “purchasing regulations won’t allow us to purchase food like that.”

While Lowery pointed out she has never been in the Pemberton district’s bus garage, she maintained that the district should at least provide a “coffee pot” for its bus drivers, to which Smith replied that the

district does have an annual breakfast for bus drivers.

“We do have a meeting once a month with association leadership to discuss their concerns,” Smith added. “We are trying to keep open lines of communication.”

Havers, in pointing out that he too is a parent, in addition to being a school staffer, acknowledged that “if there is a change” in school schedules, “it is going to be a big change for a staff member, as well as for a family, in terms of childcare and other adjustments.”

“Some people will like the time change,” the superintendent said. “Some people won’t. But we want to make sure that if we do change the time, we change it in March (for the upcoming school year), so that it will give parents time to make those adjustments.”

And the need to provide that adequate notice is why, according to Smith, “we looked at doing this mid-year” in the current school year and “we just felt it was not a great idea to do it mid-year.”

Saturday, March 5, 2022

TAXATION

(Continued from Page 13) answers at the Feb. 22 session.

Foder, during the Feb. 22 Bass River board session, held up a piece of paper with questions written out by Capriglione.

“I attended the last township meeting and town council said they have been back and forth for a year trying to get answers about the building,” Foder recounted. “So, I said give me your questions, and I will bring them to the meeting and get you answers. So, I will give you the questions from Mr. Capriglione, and would you please contact him and give him answers.”

Brown replied that he would “caution the public” that the “information” provided by the commissioners is “not accurate.”

“I would encourage somebody to send me an email in which they requested this information,” Brown added. “He has been telling you he has been trying to get this information for a year and that is simply not true. I want the record to reflect, accurately, that is not what has happened.”

Although Brown had called on someone to provide him with written proof of such a request, the business administrator noted that “we met with the township” in September 2020 and after “they requested information,” officials were “supplied” with a “binder of information.”

“They did not follow up with any official request after that information was given to them,” Brown contended.

The business administrator then maintained that “anybody who has ever bought a piece of commercial real estate knows that it is the new owner’s responsibility.”

“But we have always been willing to work with the town, and we are still willing to work with the town, and we can give you that info and I will follow up with Mr. Capriglione,” Brown declared. “After I saw that article (about the commissioners’ comments), I did reach out to the mayor immediately, and said this information is inaccurate, let’s meet to discuss it. I haven’t heard back.”

Foder then moved to put on the “record” that he asked for a “representative” of the commissioners “to come to the meetings” of the Bass River school board, and the “mayor showed up once, and Capriglione two or three times.”

“Then boom – nothing,” Foder said.

“They need to come here and ask us (these questions).”

Brown concluded that the “door is not shut” and that “if anything comes up, we will talk to them.”

“Any information requested, we will provide,” Brown vowed. “We have, since the beginning, worked diligently to find a prospective buyer for this building. I long believed the township was the best partner for that (reportedly through a lease-purchase agreement). However, that is not a decision

I make, certainly. And so, I would love the opportunity to continue that discussion.”

That opportunity would come quicker than Brown seemingly anticipated, however, when Capriglione made an appearance at the tail-end of the Feb. 22 Bass River school board meeting, just as “public forum” was about to be closed.

Capriglione offered his home address, pointing out he was a resident of Bass River, but “also a commissioner of Bass River.”

“Apparently, questions were raised about Bass River,” said Capriglione of what he had heard was said by Brown earlier in the Feb. 22 Bass River school board session.

“Mr. Brown, do you have some questions you would like to ask me about some of the township’s concerns?”

Brown replied that if he has “questions of the township” he would ask them “in an appropriate conversation, not at a public board meeting.”

“Are you here in an official township capacity?” asked Yates of Capriglione.

Capriglione replied that he is “here as a resident” who is “also handling the sale, transfer of the building” on behalf of the commissioners, as well as the “questions we have.”

“Would anyone like to ask the township (questions)?” asked Capriglione again.

The commissioner then contended he heard the school officials earlier in the meeting calling the commissioners’ claims “erroneous,” but that “all these questions were (actually) raised” previously with them – “questions about the building, the building structure, oil tanks, and asbestos.”

“I am here to state those questions were asked numerous times, and written down,” Capriglione declared. “They were also asked at Bass River Township Board of Commissioners meetings.”

Yates quipped that questions asked at township-level meetings are “not official board business.”

“Well, an official board member asked for a list and it was given,” Capriglione retorted.

Yat e s c ou nt ere d that he “want e d to be clear” that by Foder attending a commissioners meeting, he “is not there in any official capacity, just as you are not here in an official township capacity.”

Capriglione reiterated, in reply, that he was present “to answer any questions of the township.”

“Sir, this is ‘public comment’ on agenda items,” Kalac asserted. “So, if you want to make ‘comments,’ that is fine, but please address them to the board through the president. This is not a situation of what happened between the board and business administration, or at a township committee meeting.”

The Bass River school board solicitor added that Capriglione can “make a ‘comment’” at a board session and that it is his “First Amendment right to do that.”

“We ask – residents are curious to the status of the oil tanks in the ground, soil

contamination, asbestos in the building (which a report references) and are concerned about how that would be addressed,” Capriglione said. “As residents, if there is asbestos in the building, we want to know how that would be cleaned up. If you are selling, will it be addressed before the sale?

If there are any other hazardous materials, or concerns residents should be aware of, will you let them know prior to any sale?”

Kalac, upon conclusion of Capriglione remarks, replied that his “comments are duly noted” and his “questions will be discussed to the extent necessary to do so.”

But they never were addressed at the Feb. 22 meeting, though at one point during the session, Foder contended Capriglione “answered his own questions” in the sheet he provided to him.

Amid Embarrassment, Calls for Unity

Scott Ruch, who has children in both the Pinelands Regional and Little Egg Harbor school districts, recently ran for an open seat on the Pinelands Regional board, and lost, but now maintains the Facebook group Pinelands ROAR (Residents for Oversight, Accountability, and Reason). The open critic of the McCooley administration attended the Feb. 22 Bass River board meeting.

“From an outsider’s perspective, what I saw tonight was kind of embarrassing,” Ruch told the board during its board forum. “And I am not intending this for one particular person. I think what everyone needs to remember is Bass River is a very proud town. They had a school. They were very proud of their school. For whatever reason, and I am certainly not blaming Pinelands and I am certainly not blaming Mr. Brown, it got to where we are today, where they have to send their kids to Little Egg Harbor.

“I think there needs to be a measure of compassion throughout the entire room, as well as with everyone watching at home right now about what this community has lost in this whole scenario. Certainly, Mr. Brown and Mr. Yates, you are entitled (to step away), I don’t know what is going on in your personal lives.

I am sure it is something that necessitates this move. So, I am not holding that against you.

“But there needs to be some sort of compassion here. Because otherwise you are going to find yourselves in May with no business administrator, no sale of the building, no representation on the Little Egg school board. This is the time for everyone to come together in these last two months to make sure, once May hits, you guys still have a say in your children’s education moving forward.”

Ruch declared it was a “very emotional night” and a “very emotional situation.”

“Yelling at each other across the room, or yelling at your laptop for the people who are watching this at home isn’t going to solve any of your problems,” Ruch declared.

Foder, during board forum, “apologized” for “getting heated,” but noted that it was because of his passion and that “sometimes” GUTTER

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Williams offered that “a lot was said here tonight,” and then declared that “with education today – we are in big trouble,” urging everyone to “wake up” and asserting that “we can’t tolerate cancel culture,” a mentality that he claimed ascribes that “nobody matters but big thinkers,” one led by “dictators.”

“The days of dictatorship and people trying to dictate to us what is going to happen to us in our communities has to stop,” Williams further declared. “But it has to start at levels like this.

“Guess what, if we don’t wake up, tomorrow there may not be an America!”

Adams, also a former member of the Pinelands Regional board, noted that she has seen “some very challenging times over the last three years with this board.”

“I know this is very challenging for all the residents of New Gretna, but we are all neighbors, and we need to stick together and make sure we do what is right for the students of this district and who now go to another district,” Adams declared. “… The past is the past … and we do the best that we can do based on what was given to us. … I just want to make sure as the president of this school board, we can move forward as a whole board and know that when we transition, we are doing the right thing in every step we take.

That is why we ask so many questions. That is why our hearts are so concerned. “… Mr. Williams and I have been on school boards for many years, and we know some things we don’t care to know. But we know one thing, these are our kids! And we have to support them.”

Adams, who acknowledged in response to a question from Foder that Martin was asked to attend the meeting, but declined, called for “transparency” over the next several months and added that she would be “praying” for Brown and his family.

Martin did not return a request for comment on this story as of deadline time.

In response to a question from the public about the possible timeframe for regionalization of the sending districts that comprise Pinelands Regional, Brown said it would be at the “very earliest in September or November of this year,” adding that each individual school district’s board of education would decide whether to proceed. Williams noted that the taxpayers would also get a say.

Yates noted “regionalization would result in a new school district entirely, basically dissolving all sending districts” of Pinelands Regional. Brown said the “discussion has always been” that “every community of Pinelands will have a seat – at least one on a regional board of education.”

McCooley den ie d hav i ng Brow n’s cellphone number where he can be reached for comment on this story, but offered to forward this newspaper’s emailed questions to him. She later contended she has not heard back from the business administrator, adding, “We’ve been extremely busy.”

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