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Photo By Douglas D. Melegari
Amit Patel, proprietor of AP Liquor, Inc., trading as Belly Busters Package Goods and Bar, listens to the prosecution make the case against him.
Liquor License for Belly Busters in Browns Mills Ordered Suspended for Sixty Days After Owner Found Guilty by Pemberton Council of Selling Alcohol to 17-Year-Old; Defense Counsel, However, Contends Public Body Lacked Authority to Take Action
Staff Writer
PEMBERTON—The liquor license assigned to AP Liquor, Inc., trading as Belly Busters Package Goods and Bar, located at 98 Lakehurst Road in the Browns Mills section of Pemberton Township, has been ordered suspended beginning May 5 for 60 consecutive days by Pemberton Township Council, acting
as the municipality’s Alcoholic Beverage Control (ABC) Board. The suspension order came about as a result of a special in-person council meeting held last month that mimicked the daytime television show “Hot Bench,” only there were five “judges” in this matter (instead of the three on the television program) – or each of the council members – with all of them finding the proprietor, Amit Patel, “guilty” of selling alcohol to
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a minor. The 17-year-old boy he allegedly had sold the goods to had apparently been pulled over for driving under the influence (DUI) just an hour-and-a-half after making the purchase, according to an officer’s testimony. There was, however, some disagreement about the p enalt y that shou ld b e assigned to Patel in the wake of the See LICENSE/ Page 6
ShopRite of Medford Associates Raise $22K in Fight to End Hunger; Two Honored for Efforts Local Food Pantries Report ‘Huge Need’ in Pandemic By Douglas D. Melegari Staff Writer
MEDFORD—The past year has been unlike any other with the Coronavirus pandemic, but those circumstances did not cause ShopRite of Medford associates to lose sight of the need to fight and end hunger in the community. And, as two local food pantry operators attested to during a celebration of ShopRite of Medford’s most recent efforts to end hunger, through a Partners In Caring program co-sponsored by Cheerios-maker General Mills and ShopRite cooperative Wakefern Food Corp., which raised $22,764 at the local store-level over a five-week period, the “need” in our area has grown exponentially since the beginning of the pandemic. Lisa Sherwin, partnerships and events manager for the Food Bank of South Jersey, noted that “40 percent of the people we saw in our food distributions” over the past year “were first time recipients,” but yet the food bank was “72 percent down in our food acquisitions.” “What a year 2020 was – good grief,” Sherwin declared. “The pandemic, job loss and school closings. What did that spell? Food insecurity.” And, according to Madelyn Sutton, executive director of the Christian Caring Center, a local non-profit based in the Browns Mills section of Pemberton Township, which runs 12 different programs, including a food pantry, her organization has seen a “60 See SHOPRITE/ Page 7
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Ex-president of Medford Lakes Colony Faces Challenge from Former Borough Councilman in Nonpartisan Race for Council Seat Vacancy
By Bill Bonvie Staff Writer
MEDFORD LAKES—To paraphrase one of the late John Lennon’s most famous lyrics, “Imagine there are no political parties/I wonder if you can.” Actually, though, you don’t have to imagine any such thing. All you have to do is observe how a special election this Tuesday (May 11) is being conducted in the picturesque little Borough of Medford Lake s, whos e ad m itt e d ly somewhat outmoded nonpartisan form of government prohibits candidates for local office from using party labels to identify themselves. The result is that two contenders for an open seat on the Borough Council created by the death of Mayor Robert D. Hanold, Sr. back in February – Dennis O’Neill, 47, who was chosen by the rest of the council members to temporarily fill the vacancy, and 62-year-old former councilman Joseph A. Aromando III – will not be listed on the ballot with those familiar ‘R’ and ‘D’ designations, but simply under slogans, Aromando’s being “Democracy works best when you vote” and O’Neill running under the rubric, “Integrity, dedication, honesty.” With no designated political affiliations to influence their decisions, voters of this 1.2 square-mile borough with a current population of just under 4,000 can base their choice on the candidates’ experience, activities and contributions, and, of course, what it is each hopes to achieve if elected. W h i le h is on ly prev ious pol itic al experience has been as a two-year member of the borough’s planning board (from which he was obliged to step down upon being named to the council), O’Neill has been extremely active over a period of years with the Medford Lakes Colony, which is described as “a nonprofit organization that organizes social, community and recreational activities” for the borough, most of whose households are dues-paying members. Since first being named as a director of the organization in 2008, O’Neill has gone on to serve as its vice president in charge of property for five years prior to becoming president in 2017, and is currently on a council subcommittee for relations between the borough and the Colony. When recently asked by the Pine Barrens Tribune what his objectives are in seeking to become a full-fledged elected member of the council, O’Neill replied, “I guess I would put it as working to preserve the best parts of what we have here and modernizing where needed.” He went on to explain how many responsibilities fall under the purview of the Medford Lakes Colony, including the maintenance of the borough’s beaches, dams and recreational activities such as local sports and a day camp it operates in July, contending that “during my time (with the Colony), I’ve actually gotten things done.” Those accomplishments, he maintained, have included overseeing the restoration of the organization’s craft pavilion and Vaughan Hall, its log-cabin-style headquarters. By contrast he claimed that “Joe (Aromando) cannot point to one single thing he has actually gotten done” while he was on council. O’Neill also contended that residents of the borough seem to be very happy with the current government, as well as with the 10-member police force. “I have not heard any complaints,” he declared. “When residents have brought issues to us, we do our best to address them.” Aromando, however, has an entirely different perspective. He accused the council of being “like an auxiliary of the Colony Club,” whose shortcomings include “overall complacency,”
“lack of transparency,” “misguided priorities” and a “broken promise” in regard to the council’s having, in his words, “circumvented and nullified” a 2019 nonbinding referendum to move the municipal election to November, and then claiming it would do a better job of encouraging voters to come out in May, but had done nothing along those lines. Among what Aromando considers to be the council’s other “general abdication of overall oversight responsibilities” are what he calls its failures to maintain an up-to-date website (something that O’Neill said he was told the borough is now in the process of correcting), require major departments to supply “customary monthly reports going back as far as 2018” and “make timely appointments to fill vacancies on the planning board. “I don’t even know how many calls our fire company makes because they haven’t reported in a year and a half,” Aromando asserted. He also was critical of the amount of influence the Colony has over local affairs, asserting “this is how these good-old-boy networks start,” and adding, “when it gets to the point where these affiliations are the only thing they’re measuring a candidate on, it is disappointing.” As for priorities, Aromando charged that a town that can afford new police cars, an expensive firehouse and “all kinds of equipment for public works” should be able to reduce fees and permit costs, and “offer property owners year-round curbside bulk trash pick-up.” If elected, he indicated that his priorities would include encouraging homeowners to renovate or replace aging structures through incentives like tax credits and deferred added assessments, as well as lowering the fee to obtain a dog license. “We are the stewards of our town and have some important natural resources we have to protect—trees, wildlife and most importantly 21 lakes,” Aromando said. “Yet we have the same stormwater drains we used in the 1960s running into these lakes. These are some of the things I want to address.” Aromando also maintained that as a councilman from 1998 to 2002, and as a planning board member in 2010 and 2011, he had “offered countless ideas how to manage our financial resources wisely and improve the delivery of services.” His other achievements on behalf of the borough, he claimed, included a 2003 petition drive (one of several he initiated) that led to a binding referendum being passed five years later that increased the size of the council from three to five members. According to Medford Lakes Municipal Clerk and Deputy Manager Mark McIntosh, the timing of Hanold’s death was what precipitated the need for this month’s special election under the law. When asked about the political affiliations of the borough’s voters, McIntosh said that the largest group (1,328) was unaffiliated, with the rest fairly evenly divided between Republicans (1,118) and Democrats (979). He also noted that one of the benefits of the borough’s nonpartisan government is that “we don’t get calls from the county or state party committees pressuring us to do anything one way or the other.” T he sup er ior it y of that system is something on which both candidates were in agreement. “It’s something we definitely all respect and adhere to,” Aromando said “… that we can’t campaign and use party affiliations, which are never to be bought up and never to be discussed.” O’Neill concurred, adding, “It allows us to get things done in the town without having to worry about all the political business that goes on in most places.”
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Outdoor Lighting Restrictions to Address Complaints in Medford Lakes of ‘Intrusive Lighting’ Forthcoming By Douglas D. Melegari Staff Writer
MEDFOR D LA K ES — O ut door residential lighting restrictions intended to address what local officials call “intrusive lighting” are nearing possible introduction in Medford Lakes Borough. The pending restrictions are in response, in part, to a complaint about excessive lighting on a Chicagami Trail garage that is reportedly shining into neighboring homes, according to Borough Clerk Mark McIntosh. The resident who made the complaint, Steve Baugh, attended an April 28 Medford Lakes Borough Council meeting, contending that the property of concern has as many as “20 lights on all night long” that are “looking across the street at the neighbors.” “Nobody wants to wake up at 2 a.m. with bright lights shining in your window,” Baugh said. Council, according to Borough Solicitor Doug Heinold, is now working through a sixth draft of a possible ordinance that would implement the restrictions. It is possible that one will be introduced for first reading as early as this month. “In a general code provision, there is no grandfathering,” Heinold said. “You can create grandfathering provisions, but the typical rule of thumb is that there is no grandfathering because you are trying to regulate a general conduct that has to do with public health, safety and welfare. It is different from zoning issues, where people do enjoy the benefit of an existing nonconforming use or structure. “When we are talking about something like this, what we are really trying to get is the issue of a nuisance, where somebody literally can’t put a floodlight on the side
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of their house and shine it directly into a neighbor’s window.” The latest draft, Heinold said, includes input from an exterior “lighting expert,” who happens to live in the borough and met with the solicitor and Borough Manager Dr. Robert Burton within the past month to further discuss the possible ordinance. Under recent consideration was a 28-foot height limitation on any residential lighting, but the expert, according to the solicitor, informed the officials “if you can’t see a bulb from the property line and its direction is less than 45 degrees, the impact is going to be next to nothing.” Heinold said the borough wants to target “intrusive lighting,” and therefore it appears there will now be no height restriction in the forthcoming ordinance “provided a bulb is aimed 45 degrees or less and there is no visible bulb from the property line.” The expert, according to the solicitor, also told officials that it would be “useful and a good asset to the community” to have a time restriction on outdoor lighting, or prohibiting it between a particular set of hours. “I think we are all 50-50 on that notion,” said Heinold of that suggestion. Baugh, however, urged officials to “consider a timeframe when there is to be minimal lighting on a property that doesn’t affect anybody.” The solicitor noted that any ti me restriction, should officials proceed with one, would be written into the possible law using “soft language,” or the kind that provides enough leniency where “someone would really have to be fighting us to get cited.” He added that any restrictions on outdoor See LIGHTING/ Page 10
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Neeta Parents Told Beach #1, Vaughan Hall Parking Lots Off Limits for Student Drop-off, Pick-up After Girl Struck By Douglas D. Melegari Staff Writer
M EDFOR D L A K E S — Pa r e nt s of children who attend Neeta School in Medford Lakes Borough have been informed that the parking lots for Vaughan Hall and Beach #1 should not be used as student pickup and drop-off points. Rather, they should use the official ones established at the school, according to borough officials. Police have already begun to enforce the proper pick-up and drop-off procedures, Borough Clerk Mark McIntosh told this newspaper on May 4. All of this is the result of resident Rudy Levak descr ibing to Medford Lakes Borough Council on March 28 that he that had witnessed a pedestrian motor vehicle accident involving a child near the intersection of Tabernacle Road and Powhatan Trail. “I saw her fall off the hood of a vehicle, and then she got up and ran into the parking lot (for Beach #1),” Levak recollected. According to Levak and Councilwoman Gail Caputo, who noted that she too witnessed the incident, a lot of parents have been parking in the Beach #1 and Vaughan Hall parking lots to drop-off and pick-up their children, in order to avoid getting stuck in the school’s traffic line. Given the prox i m ity of Beach #1 parking lot to the school, the children are purportedly crossing Powhatan Trail to get to their parents. “Kids are running through the (breaks between) cars that are waiting to turn onto Tabernacle Road,” Caputo contended. “Kids are also riding their bikes through the openings. The children are not looking for
oncoming traffic. I see it every day, and the kids are almost getting hit. There is only so much that you can tell a child to do.” Levak suggested that a split rail fence be installed in the area to encourage children to instead use a crosswalk if they must cross the street, and that officials should consider assigning a crossing guard to the area. “It is an accident waiting to happen,” he said. Transportation improvements have been a topic of conversation at recent borough council meetings. According to Borough Manager Dr. Robert Burton, an upcoming Dixontown Road paving project will include a section of bike path, connecting it to ones belonging to Medford Township. Phase III of a Medford Lakes-Tabernacle Road paving project, funded through a New Jersey Department of Transportation (NJDOT) grant, has just gone out to bid, with bids due to McIntosh by 10 a.m. June 3. A contract is then anticipated to be awarded at borough council’s June 9 meeting, with the project likely starting 30 to 60 days later, according to McIntosh. Medford Lakes-Tabernacle Road has recently been resurfaced from Stokes Road to the Medford Lakes Country Club, and this latest phase is expected to result in the road being resurfaced to the borough border with Medford Township, near Dixontown Road. The borough, through Phase III, also anticipates repaving 1,500 feet of Oak Drive “to the borough line,” along with four other side trails, all of which connect to its portion of Medford Lakes-Tabernacle Road. See NEETA/ Page 10
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Municipal Taxes to Increase Slightly in Medford Lakes, Council Introduces Law to Prohibit Cannabis Businesses By Douglas D. Melegari Staff Writer
MEDFORD LAKES—A some $5 million municipal budget has been introduced in Medford Lakes Borough that calls for a “slight increase” in the local purpose tax rate of “just over a penny.” According to Borough Manager Dr. Robert Burton, in a May 5 interview with this newspaper, the municipal tax rate is proposed to increase slightly from last year’s $0.671 to $0.685, or by $0.014, “which equates to a 1.4 cents increase.” Factors driving the increase, Burton said, include a decrease in revenues last year from municipal court, fees and permits, which he attributed to the ongoing Coronavirus pandemic. He said the budget is about the same as last year’s in terms of expenditures. However, Burton maintained that this year’s anticipated local tax rate is “still a net decrease” from what it was back in 2009, or is “41 percent lower” than what it was that year ($1.153). The borough manager contended that the municipal tax rate is so much lower than that of a decade ago due to “efficiencies” that were implemented and the “purchasing of new equipment.” “For example, we now have two leaf trucks versus two, three-man crews picking up leaves,” Burton told this newspaper, noting that the Department of Public Works has been able to contract over time without having to conduct layoffs. Burton, however, noted that “over that same period of time since 2009,” taxes that are not municipal, but rather local school, regional school and county taxes have “increased by 24.36 percent.” Should Medford Lakes Borough Council adopt the budget following a public hearing, the owner of a borough home assessed at the average of $288,000 would pay $45 more in municipal taxes for this year. The budget public hearing is scheduled for May 19 at 7 p.m. because, by then, officials expect to receive certified election results from the county for a special May 11 borough council election (see separate story) to fill the one-year unexpired term of the late mayor Robert “Bob” D. Hanold Sr. At least two municipalities in the Pines (Bass River and Shamong) are considering allowing cannabis businesses as a new revenue opportunity, after Democratic Governor Phil Murphy signed three historic adult-use cannabis reform bills into law on Feb. 22 – which not only legalized cannabis use and possession for adults 21 years and older, but allows such businesses to establish
themselves with local approval and a license. Municipalities have until Aug. 21, under the legislation, to decide whether or not to “opt out” of the state’s cannabis business licensing program, (or take any action to prohibit marijuana sales and/or production). However, if a municipal governing body decides to take no action, “you are presumed to be included” in the state’s cannabis licensing program, (or, in other words, the borough is presumed to allow local marijuana businesses and sales). During an April 28 borough council meeting, an ordinance was introduced that would “prohibit the operation of any class of cannabis businesses” in Medford Lakes, following a council executive session discussion on April 14. Dur ing both council meetings, no comments were made in public by members of council, or officials, regarding their stance on cannabis businesses. Resident Joseph Aromando, who is one of two candidates running in the special borough council election on May 11 (the other being Councilman Dennis P. O’Neill) questioned why the public body needed to discuss the topic behind closed doors. Borough Solicitor Doug Heinold replied that the cannabis discussion “falls under the Attorney/Client Privilege exemption” of the Open Public Meetings Act (OPMA). However, Burton, in the interview with this newspaper, when asked why council introduced an ordinance prohibiting cannabis businesses, replied that while “he doesn’t want to represent what council’s final decision is going to be,” he believed that its members “are looking at all the impacts cannabis would have in the community.” “We don’t have a large city center, like some of our surrounding towns have,” Burton maintained. “We don’t have major thoroughfares that run through the borough, like Routes 206 or 70, where you would have a lot of ratables – and we don’t have a lot of space in that regard. Our ratables are essentially in a residential area versus alongside a thoroughfare.” Burton noted that most of the commercial ratables i n the boroug h are located along Trading Post Way, where there is a “health eatery, ice cream store, beautiful antique place and P.J. Whelihan’s (pub and restaurant),” adding, “I don’t know that council envisions having a cannabis dispensary plugged in there as well.” “The other thing is we are kind of a doughnut hole borough, and I think other places are very reachable with the surrounding towns better equipped to handle such businesses,” Burton said.
Saturday, May 8, 2021
Church That Is Divine Treasure in Medford Lakes Prepares for Dedication of Renovated Sanctuary
Photo Provided
Protestant Community Church, which is also known as the “Cathedral of the Woods.”
By Douglas D. Melegari Staff Writer
MEDFORD LAKES—Springtime in all its glory is on full display at Protestant Community Church (PCC)—also known as “Cathedral of the Woods”—where religious beliefs, good will and an appreciation for the past meet to create a divine treasure in the heart of town. On May 22, from 11 a.m. to 12:30 p.m., PCC—an ecumenical faith community located at 100 Stokes Road—will hold a Grant Preservation Dedication and ceremony. This event will commemorate the successful completion of renovations to the church’s sanctuary, which was made possible by a capital grant from the New Jersey Historic Trust. The ceremony will feature a variety of speakers including Congressman Andy Kim, PCC Board of Trustees President Debora D. Smith, Grant Co-Chairs Brent Schopfel and Carol Vahlstrom, and Senior Pastor Dr. R. Timothy Meadows. It will conclude with a ribbon cutting and unveiling of the interpretative sign that depicts the log cabin church with its significant history. PCC, which is listed on both the New Jersey and National Registers of Historic Places, was awarded the grant in 2017 in the amount of $113,640. This figure represents
60 percent of the cost of the renovations, for a total of $189,000. The church was responsible to provide funding towards the remaining 40 percent of the work and, with the generosity of its community, this was achievable. “The grant was a lifesaver to maintain the physical property of the church,” said Schopfel, PCC’s vice president of property. He is also the founder and president of the Masonry Preservation Group, with more than 30 years of experience in the preservation and restoration of historic buildings. A member of PCC for about 20 years, Schopfel has always found the sanctuary “peaceful and beautiful,” starting with its construction of cedar logs, utilized nearly a century ago to blend in with the area’s log homes and bucolic surroundings. Given the age of the sanctuary, he said it was “not unexpected” that work would be required periodically to keep it in good health and true to its original design. The three-year project included “the upper logged portion of the wall, shored [supported] in place to allow for the removal and replacement of the basement wall below,” according to Schopfel. At that corner, he added, “six of the existing deteriorated logs See CHURCH/ Page 9
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Pinelands District Officials, Lawyer Decline to Comment on HIB Report Involving Photos of Students Without Masks Landing on Facebook Site, But Angry Mother Has Her Say Police Report Includes Principal’s Finding That Surveillance Showed Teacher Took Unauthorized Pictures and Shared Them with Others By Bill Bonvie Staff Writer
LITTLE EGG HA RBOR—For an episode that seems to have been a source of so much disquietude, what occurred on or around Feb. 8 at Pinelands Regional High School and its repercussions are certainly all very hush-hush. But then again, not completely. And as Shakespeare would put it, therein lies the rub. What can be considered in the realm of public knowledge is, first of all, that an HIB report— the acronym for harassment, intimidation and bullying—was “affirmed,” although by no means unanimously, by the Pinelands Regional Board of Education after being discussed in an executive session that took up most of a special two-hour meeting conducted on April 29. While whatever that discussion consisted of is considered private information, as are the consequences of the board’s affirmation, it is the “residents’ forum” that was aired following the executive session, but prior to the vote being taken, that revealed what it was apparently all about. One of two parents who spoke during the forum was the mother of a Pinelands Regional High School special education student who angrily recounted how her son, who has had to cope with recent traumatic events in his life, had been victimized by having an unauthorized photo of himself along with other students taken and subsequently posted on a Facebook site that she said was designed to “harass, intimidate and bully” people. Only this was not a typical instance of students being subjected to such treatment “because of any actual or perceived characteristic, such as race, color, religion, ancestry, national origin, gender, sexual orientation, gender identity and expression, or a mental, physical or sensory disability, or by any other distinguishing characteristic,” as defined at the beginning of a lengthy HIB policy statement posted at the district’s website. It was rather because the students in the picture were not wearing face coverings or masks while gathered indoors—although according to the mother who spoke, they were eating lunch at the time while sitting at a table in the commons area. Furthermore, the photos at issue were not reported to have been taken by a student, but rather by a teacher, who then was said to have shared them with two other teachers before they ended up being posted at the site of a recently created Facebook group called “Maskholes, make them infamous,” which, while it has since become a closed group, had a publicly accessible page at the time, she subsequently told the Pine Barrens Tribune. The site’s self-described purpose is to “post pics and vids of maskholes,” adding, “time to stick together and stop these people from not wearing masks so we can beat COVID 19. Let’s do this. See someone, say something.” Before the site went private, however, according to the mother of the special ed student, the photos were viewed by quite a few people, some of whom made her aware of their presence on Facebook. As a result, the mother noted, she saw fit to file a report with the Little Egg Harbor Police, a copy of which has been obtained by this newspaper, although the names of some individuals mentioned in it were blacked out. Also contributing to the police report was Pinelands Regional High School Principal Troy Henderson, who stated that he had told
the mother he would look into the matter and had subsequently determined from an inspection of school surveillance tapes the identity of the teacher who had taken the pictures involved with her cellphone. The officer who took the report also noted that after being confronted by “multiple people” about having posted pictures of minors, the individual running the site had removed the offending photos. “I told Mr. Henderson that the act of taking the pictures was not a criminal matter,” the officer wrote, adding that the principal had advised him the school would be conducting its own investigation and handling the matter internally. The results of that internal probe of the incident were apparently the subject of the HIB report the board members discussed in executive session and that they subsequently voted to affirm, although just what action, if any, that entailed was not made clear. The mother who spoke, however, told this newspaper that Henderson had indicated to her it was a “slap on the wrist,” which the principal thought the individuals alleged to be responsible should have accepted, but instead had decided to appeal. While most of the district’s voluminous policy on bullying, intimidation and harassment relates to the way students ac cused of such behav ior should be disciplined, there is a section specifying that, “The district will also impose appropriate consequences and remedial actions (on) an adult who commits an act of harassment, intimidation, or bullying of a student.” The consequences, it notes, may include “verbal or written reprimand; increment withholding; legal action; disciplinary action; ter mination and/or bans (on) providing services, participating in school district-sponsored programs, or being in school buildings or on school grounds. Remedial measures may also include “inor out-of-school counseling, professional d e v e l o p m e nt p r o g r a m s , a n d wo r k environment modifications.” The policy further spells out the procedure involved as follows: “At the regularly scheduled Board of Education meeting following its receipt of the superintendent’s report on the results of the investigations to the board, or following a hearing in executive session, the board shall issue a decision, in writing, to affirm, reject, or modify the superintendent’s decision.” That decision, it adds, may be appealed to the state commissioner of education, i n a c c ord a nc e w it h N. J.A.C. 6A:3, Controversies and Disputes, no later than 90 days after being issued. Attempts by this newspaper to determine exactly how this particular incident was being dealt with by the Pinelands Regional district yielded nothing in the way of concrete information. When initially asked what the board had voted on, its current president, Thomas D. Williams, Jr., who had not voted in favor of validating the HIB report, indicated that the district superintendent, Dr. Melissa McCooley, should first be contacted in regards to it, and that if she proved unwilling to provide any answers, he just might. McCooley’s response in a return email to a reporter was simply, “I will not be discussing this.” But when Williams was apprised of her See PINELANDS/ Page 11
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(Continued from Page 1) guilty verdict, after the defense counsel referenced statements from police about how the defendant was cooperative in this investigation and had assisted them in the past with other ones. Councilman Paul Detrick cast a lone dissenting vote against the 60-day suspension, after his motion for only a 45-day suspension had died. Patel has since filed an appeal with the state, he later told this newspaper, and was awaiting a decision as of this newspaper’s deadline time. The proprietor also alleged in the later interview with this newspaper that the township has a “personal issue” with him, and that the alcohol charges followed disputes he had with the both the township clerk’s office and the township construction office. The township’s business administrator has since refuted Patel’s allegations. John J. Armano, Jr., Patel’s defense attorney, initially moved during the hearing to “dismiss the matter” on the premise that council “does not have a right to hold this hearing” due to it purportedly “never having passed an ordinance invoking that right.” However, Andrew “Andy” Bayer, the “township attorney who is in charge of advising the council on this matter and the chairperson over this hearing” pointed to the state’s Division of Alcoholic Beverage Control (ABC) handbook, wh ich he contended “indicates that the responsibility for policing and enforcing the ABC laws of the state rests with the municipal issuing authority, as well as the director of New Jersey ABC.” “It goes on to state a municipality may revoke or suspend a license for any reason expressed under NJ 33:1-31,” Bayer added. Armano maintained that the handbook “is not the law,” however, and that when it comes to “state enabling legislation,” such as allowing a township to form a local police department, “you can’t just hire police officers and send them out there” but rather “you have to pass an ordinance allowing that.” In appearing to set the stage for the appeal of any unfavorable decision against his client, Armano, in his opening statement, also alleged that he filed with the township a “Notice to Produce” on March 9, requesting a list of witnesses, police reports and evidence that would be entered into the record during the hearing, and, “Here we are, on April 15, and I still haven’t even received a witness list from the township.” He also contended that at one point that he was given “some documents,” but then told by township officials “you shouldn’t actually have these,” and that they were given to him “inadvertently.” “How is that fair?” Armano asked. “…
WWW.PINEBARRENSTRIBUNE.COM I want council to be aware that if you are going to take away a man’s’ livelihood, and you are going to take away a man’s business because you say he didn’t follow the rules, your representatives should be required to follow the rules just as well.” Council President Gaye Burton noted that she was “disturbed by what she had just heard,” and asked if any decision made by the public body in regards to the matter could be “thrown out,” but ultimately proceeded with the hearing after Bayer pointed out that “anything the council does, is appealable – whatever you decide.” With two folding tables set up in council chambers, in front of the dais, one for the defendant and his counsel, and the other for
“of the witness who was testifying” and “to forget ‘underlying,’” forcing the hearing to move along with the “objection noted” by Bayer. Yet another “objection” during Lucas’ testimony caused the two attorneys to get into a brief heated exchange, with Armano sarcastically declaring, “Don’t be fair!” Lucas, who testified under oath as his boss, Acting Police Chief David King looked on while standing near a doorway in council chambers, said that on June 26, 2020 he conducted a “DUI motor vehicle stop of a juvenile.” Upon releasing the boy to his parents, Lucas testified, one of them informed him that the liquor involved in the incident was purchased from Belly Busters.
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John J. Armano, Jr., defense attorney for Amit Patel, passionately argues against “taking away a man’s livelihood.” Municipal Prosecutor Alison B. Weinroth, the latter called the first and only witness of the session to testify, Sgt. Thomas Lucas, a 19-year veteran of the Pemberton Township Police Department who recently was promoted to the rank of sergeant and was, however, a detective at the time of the alleged crime. “Objection!” said Armano repeatedly during the initial moments that Lucas testified, with one such objection citing his reportedly not being provided a copy of the police report regarding “an underlying matter” that the officer, he said, was about to testify about. Bayer than accused Armano of being “obstreperous,” adding that the defense counsel was provided with the police report
“Having been fam iliar” that Patel maintained sur veillance video of his property, Lucas said, he asked the parent to provide him with an approximate date and time of the suspected purchase so that he could investigate further. “A c ouple d ays aft er fi nd i ng th is information out, I think it was on June 29, I went over to Belly Busters and spoke to Mr. Patel,” Lucas testified. “I let him know that I was conducting an investigation and asked for his consent to look at his video system. … He consented to me looking and actually assisted me.” Upon review of the surveillance video, the sergeant said, he was “able to see the juvenile pull up to Belly Busters in the same car that I had pulled him over with” and observed the
Saturday, May 8, 2021 youngster enter the establishment. “He went into the cooler area, grabbed a six-pack of Twisted Tea, put it down on the counter, and then I believe he got two packages of Fireball single shots, which I believe are in reams of five or ten, and I think Mr. Patel got them from behind the counter to give to the juvenile, and also gave the juvenile cigarettes. There was an exchange of money and then he (the juvenile) drove away.” According to the ABC handbook, a person must be 21 years of age or older to legally purchase or consume any alcoholic beverage on a licensed premise and there is “absolutely no exception to this.” A bartender or sales clerk who violates that regulation is subject, the handbook states, to a disorderly persons charge and “the liquor license itself will be subject to administrative charges.” However, according to the handbook, the law “does recognize a valid defense to a charge that a person or licensee sold to someone under the legal age,” but that the “purchaser” would have had to “falsely misrepresented his or her age” by producing fraudulent “proof of age.” The surveillance video showing the aforementioned transaction in Belly Busters was shown during the hearing on a projector screen and “made part of the record.” Armano acknowledged having received the video in advance of the proceedings and Lucas confirmed its accuracy. The sergeant noted that the juvenile depicted in the video, who he said was 17-years-old, is the “same one, in the same car who was pulled over approximately an hour-and-a-half after purchasing.” Patel, according to Lucas, did not request to see any proof of age of the purchaser while making the sale, as he said was indicated by the video. Armano then shouted “objection,” contending that no evidence had been submitted indicating that the person depicted in the video was actually a juvenile, and that the sergeant “can’t narrate a video that he wasn’t there for,” though again the defense attorney was overruled by Bayer. As of the result of the video, Lucas testified, “he charged Mr. Patel with numerous violations,” including selling alcohol to a minor and selling tobacco to a minor. The sergeant added that he served Patel with a summons that contained the charges. While Lucas said he did not participate in any further investigation into the matter, he acknowledged that “the police department did,” with Lt. Jay Watters (who previously served as the department’s Patrol Division commander and is now its Investigations Division commander) conducting a recorded interview with Patel at police headquarters. While Watters was not present for the hearing, the 16-minute recorded video See LICENSE/ Page 8
Saturday, May 8, 2021
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SHOPRITE (Continued from Page 1)
percent increase” in its use, with some 469 families relying on it during this past March alone (or about 1,000 people). “There is such a need in this pandemic, and we just couldn’t do it without you,” said Sutton during the April 27 event at the ShopRite of Medford, in which two store employees were honored for their efforts of both raising awareness and funds to fight hunger by being featured on special edition Cheerios boxes (which were unveiled during the ceremony). The two employees, Bryan Warsing, of Mount Laurel, and Patricia Parzyck, of Southampton, were described by Sherwin as “heroes of this store, and in the fight against hunger.” To earn a spot on the “iconic Cheerios box,” ShopRite team members across hundreds of stores collect donations at check-out registers and host events in stores to raise awareness and funds to fight hunger. Dignitaries and other special guests serve as grocery baggers to raise further awareness of Partners In Caring – with Lt. Robert Zane and Lt. Arthur Waterman, both of the Medford Township Police Department, and Cliff Richards, of Medford Fire & EMS, among those who served as this past year’s baggers at ShopRite of Medford. ShopRite of Medford’s largest Partners In Caring fundraising activity is an annual Labor Day 5K, which winds its way through the historical streets of Medford. Much of the fundraising takes place
during September – Hunger Action Month – and associates from the 50 top fundraising ShopRite stores earn spots on the cereal box. This past year’s program theme was “Ending Hunger Together.” “Because it is a focus of our company’s philanthropy, we are always aware of food insecurities,” said David Zallie, owner of Zallie-Somerset Inc. and its 11 ShopRite stores, including ShopRite of Medford. “Many more people felt that insecurity in 2020, so our annual friendly competition among stores took on a deeper meaning. “This has been a challenging year for our team members, who worked long hours to restock shelves and manage customer flow. To have them put forth even more energy to help people in need makes us all very proud. When we say, ‘Ending Hunger Together,’ we really mean it.” Parzyck has been a store cashier for five years, and was nominated for the Cheerios box honor, according to Co-Store Director Jim Smith, after raising the most money for this past year’s campaign by asking customers to “round up” their receipt totals and donate the change. Warsing is 32-year employee, who currently is a grocery manager, according to Smith. He has supported Partners In Caring efforts in numerous ways, including by building and decorating displays. “In a year where there was so much on the mind, especially at the store-level – and it was crazy – our associates never lost sight of our other frontline essential workers and heroes who were committed to helping those at our food banks and helping those in need, ending See SHOPRITE/ Page 11
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(Continued from Page 6) interview he did with Patel on July 7, 2020 was also entered into the record and shown during the proceedings. Watters starts the interview by informing Patel that he is investigating a “potential liquor law violation” that “happened at his establishment.” While someone vacuuming nearby during the initial moments of the interview makes part of it inaudible, the noise stops as Watters begins asking Patel about the June 26, 2020 incident “between 1:20 p.m. and 1:30 p.m.” After the lieutenant mentions that the juvenile who purchased alcohol at his establishment “was 17-years-old” and that he was later involved in the DUI incident, Patel responds by contending “it was not a 17-year-old person” and that “you could see how big he is.” “How do you know he wasn’t 17-yearsold?” Watters asked. Patel proceeded to describe the purchaser as a “heavy-set guy” who is “30 to 35 yearsold,” or an “older gentleman.” “You can see a minor is a minor,” Patel maintained. When asked by Watters if he checked the purchaser’s identification, Patel replied, “No, I did not check his ID,” adding that he would only do that if the person was “between 21 and 26 years-old.” After Watters again informs him that the purchaser was only 17-year-old, Patel indicates he is in disbelief, with the lieutenant taking him out of the interview room to watch the surveillance video (apparently for a second time). “After watching the surveillance video, do you know you are required to check IDs?” asked Waters of Patel upon both of them returning to the interview room. Patel answers that he is aware he “has to card” individuals purchasing alcohol and tobacco, “but that guy is way bigger than a 17-year-old person.” Ultimately, upon Watters reiterating the individual was 17-years-old and selling the items to him “is a violation of law,” Patel admitted, “I made a mistake.” “To me he looks older than a 17-year-old person,” Patel said. “I don’t know how he is that big and 17-years-old. You see that too?” “He is a big kid – I agree with you,” Waters replied. “But the fact that the ID wasn’t checked is, in of itself, not only for the alcohol, but for the cigarettes … (a violation of the law.)” The establishment owner then confirms the goods that were purchased, and Watters thanks Patel during the police interview for his honesty, noting he can “appreciate his mistake.” “If something is wrong – it is wrong,” said Patel, noting that from this point forward, he
WWW.PINEBARRENSTRIBUNE.COM would check a person’s ID prior to making a sale, no matter their age. Patel, in explaining why he had not been checking the identification of every purchaser, maintained that customers will curse and get upset with him when carded. “Ultimately, your liquor license is on the line,” replied Watters, noting that Patel has the option of calling the police to deal with any unruly customers. “If they give me a hard-time, they give me a hard-time,” responded Patel, again conceding, “It is my mistake.” Patel, in response to a question from Watters, acknowledged that he was not threatened or coerced into making the statements he did during the police interview. Watters later told this newspaper that he was “out of town” for the hearing and explained that he became involved in the investigation because he is “assigned as one of the ABC investigators for the township.”
purchaser) is underage” and “all that was heard is testimony from the officer that the person was underage.” “What is the person’s date of birth?” Armano asked. “Where is the person’s driver’s license? If they are underage, shouldn’t you have entered that in to the record during evidence? You can hear Mr. Patel saying he didn’t know that person was underage!” The purchaser’s date of birth was not mentioned during the hearing, and his driver’s license was not entered into the record. “If you are going to take away someone’s license for 60 days, shouldn’t you be required to have that proof in front of you?” Armano asked. “If that person was underage, you know what we would have entered into evidence? A photocopy of that person’s driver’s license! You would look at that driver’s license and see the age. You don’t
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Belly Busters Package Goods and Bar, located at 98 Lakehurst Road in the Browns Mills section of Pemberton Township. King also did not testify, despite his attendance at the hearing. Armano, following the airing of the police interview during the hearing, forwent cross examining Lucas, and the prosecution rested its case. Armano than asked to “proceed to closing,” noting the defense had no witnesses. “To take away his (Patel’s) liquor license for 60 days is to take away his livelihood for 60 days,” said Armano during closing arguments. “It is to take away his ability to conduct business for 60 days in the midst of a pandemic – one twelfth of a year during a pandemic.” Armano maintained that the prosecution provided “zero-proof that this person (the
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have any of that! … You don’t have any evidence that my client served a minor. You saw a scratchy video and you saw an officer telling you that he did that.” Armano noted he asked for a “Certified Disposition” and “received nothing.” “If you are going to find someone guilty of something, you have to have the evidence showing that he did it!” Armano concluded. “There is no evidence this happened!” Weinroth, in response, contended “a picture is worth a thousand words” but “I think a video is worth a million words at this point.” She called the sergeant’s testimony “credible” enough to convict Patel. “Mr. Patel violated the law, and there needs to be a response to that to keep the
residents of Pemberton Township safe,” contended Weinroth, pointing out that Patel sold the juvenile two sleeves of Fireball (whisky) and that each sleeve contains 10 bottles, “or 20 bottles of Fireball in total,” along with the Twisted Tea and cigarettes. Council deliberated the case behind closed doors, in an executive session that lasted about a half-hour. Upon returning to public session, the public body found the defendant guilty, unanimously passing a resolution to that effect. Councilman Donovan Gardner made the motion to find Patel guilty, which was seconded by Councilwoman Elisabeth McCartney. Armano, just prior to council convening behind closed doors, argued that “there is no proof entered whatsoever,” but that if Patel is found guilty, under state administrative code, he is only subject to a 30 -day suspension of his liquor license unless “there are some sort of aggravating factors entered into evidence, which there are zero.” Weinroth, but only upon the guilty verdict, argued that there were “aggravating or mitigating circumstances in this matter” and “to take notice” that the township has been made aware by the ABC of “previous suspensions” of Belly Buster’s liquor license “based on different violations.” She contended that in September 2015 the establishment was “alleged to serve a person under the legal age” and there was a later finding “that they did serve a person under the legal age.” Additionally, she alleged that the owner of Belly Busters was previously cited for having served alcohol to “intoxicated patrons,” failing to post certain fetal alcohol syndrome posters, hiring “criminally disqualified employees,” maintaining an “incomplete” employee list, violating requirements for packaging services, and having “contaminated bottles and so-andso-forth.” “This is not something new to Mr. Patel,” maintained Weinroth, contending that the township clerk received notice of violations against Belly Busters in 2014, 2015, 2018, 2019 and last year. “He is aware there are certain regulations, and they are not being followed, again and again. … This is a reoccurring pattern. There is a belief the rules don’t apply, and as we have seen, they do; there is a penalty in regards to that.” Armano pointed out that the record had been closed and “none of the things she is alleging are in the record.” “You want to talk about following the rules, I started off by telling you the township is not following the rules!” Armano added. “Once again, she is referencing things that aren’t in the record. She just said all these things are aggravating. Where is that in the record? Is there any testimony, or evidence whatsoever that has been introduced to you? What she said is argument! That is not See LICENSE/ Page 13
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Two Pemberton Men Arrested in Sunbury Village After Search of Car Yields Weapons, Illicit Drugs P E M B E RT O N —Tw o P e m b e r t o n Township residents have been charged with firearms offenses after being found in possession of handguns in the Sunbury Village section of the township, according to a joint report issued by Burlington County Prosecutor Scott Coffina and Pemberton Township Police Chief David King. Kavon Carter, 23, of White Pine Court, was charged with several second-degree offenses, including possession of a weapon while committing certain drug crimes and for unlawful purposes; third-degree possession of a controlled dangerous substance and possession of a controlled dangerous substance with intent to distribute, and fourth-degree unlawful possession of ammunition, as well as allowing a minor access to a loaded firearm and possession of drug paraphernalia, both disorderly persons offenses. Sylas Young, 19, of Cornell Avenue, was charged with second-degree possession of a weapon for an unlawful purpose and unlawful
possession of a weapon; and fourth-degree possession of a large- capacity ammunition magazine, unlawful possession of ammunition, and possession of hollow point ammunition. The charges, according to the report, stemmed from an April 30 encounter with police who approached Carter, who was a passenger in a vehicle parked on Kinsley Road, to serve him with a warrant for a witness-intimidation charge in an unrelated case. A search warrant was then secured and executed on the vehicle, yielding two loaded handguns, nearly $2,000 in cash, and a quantity of heroin and marijuana. Young, who was standing on the passenger side of the vehicle, was apprehended after being found with a pistol in his waistband loaded with hollow-point ammunition. A juvenile who was also in the vehicle with Carter was also taken into custody and will face charges as well, the report said. Both suspects were lodged in the Burlington County Jail in Mount Holly pending detention hearings in Superior Court.
House Fire Results in 2 Medford Residents Having to Be Treated for Smoke Inhalation MEDFORD—An April 29 house fire that occurred shortly before midnight on the 100 block of Branch Street in Medford Township resulted in two residents in their late 60s being treated for smoke inhalation, according to a press release from the Medford Township Police Department. The female occupant of the home, who also sustained burns to her hands, was able to escape prior to the arrival of emergency services, the report said, while the male occupant managed to climb out onto a
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second-floor roof, from which he was rescued by firefighters. Both were treated at Jefferson University Hospital in Philadelphia. The fire, which was confined to the home’s first floor and basement, was described as having caused “significant damage to the residence and contents” and also resulted in the death of a pet dog from smoke inhalation. Several cats in the residence were rescued and secured by animal control, the report noted. The cause of the fire is under investigation.
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CHURCH (Continued from Page 4)
were removed and replaced.” The wood shingle roof was also in need of replacement, but was not part of the original grant request. However, due to careful management of the project and State Historical Commission approval, PCC was able to apply remaining grant monies to pay for a portion of a new wood shingle roof, as it complied with the commission’s guidelines. It is expected that the new roof should last approximately 40-50 years. Other upgrades made to the sanctuary include —but are not lim ited to —air conditioning, structural supports inside, the repair of its cupola, 3-D-stained glass windows to replace the original windows, a nine rank 604 Moeller Pipe organ and other improvements. In addition to the sanctuary, the PCC campus houses Memorial Hall (once St. Mary of the Lakes, which moved to Medford about 60 years ago); the Todd Christian Education Building, which is a two-story str ucture with classrooms, k itchens, fellowship and worship areas, nursery, and a study; the office building; the choir/library building; and the cottage, along with the Courtyard and Memorial Gardens. “People talk about the serenity they feel when they come here,” said Schopfel, and that would not have been possible without the vision of real estate developer Leon Edgar Todd and the architect of the sanctuary, 18-year-old Ronald Senseman. According to historical documents, Medford Lakes was initially planned in the late 1920s as a summer recreational getaway. Todd purchased and then donated land to PCC and St. Mary of the Lakes to offer Protestants and Catholics local accessibility, and for seasonal residents to worship.
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Senseman, for his first project as an architect (he went on to design over 2,000 churches, schools and hospitals in his career that spanned decades) planned the sanctuary with a vacationer’s mindset of wanting to enjoy the rustic charm of the area. He used full cedar logs taken from local swamps, leaving the bark on the logs with its mortar chinking on the interior and exterior. He then lapped and notched the logs at the corners for the full height of the walls. Since PCC first opened its doors in 1931, it has seen a lot of activity, from summer visitors to year-round members, many of whom have been with the church for much of their lives – some a half-century. They have celebrated weddings and baptisms in the sanctuary, not only with their own families, but with their church family, too. The long-lasting presence of PCC as a helping organization is in large part attributable to the dedication of its members in working together to take care of each other and make the world a better place. Both Schopfel and Cidnie Richards, PCC’s vice president of Outreach, cited the Mission Council-sponsored Casserole Program for Christian Caring Center (CCC) – a non-profit organization that assists locals with hunger, poverty and other difficulties that arise with everyday living – as the most important church effort in helping others. The Casserole Program has been in existence for about 17 years. It started when a member shared an idea from watching her mother prepare casseroles in her own kitchen for the Cathedral Kitchen in Camden, the largest emergency food provider in Camden. Tins and simple recipes were handed out once a month at her Catholic church for anyone who wanted to participate. Over time, the program was expanded by another member to become a weekly See CHURCH/ Page 10
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LIGHTING (Continued from Page 3)
lighting would not apply to lighting at points of egress or ingress, nor would they apply to porch lighting, for the “safety of someone coming home at night.” Up lighting, he said, (for flagpoles) would also not be banned and any restrictions would not apply to public facilities, such as the local firehouse. The expert, Heinold said, also suggested that officials consider addressing string lighting, particularly the kind used to light outdoor bar areas at commercial
NEETA
(Continued from Page 3) McIntosh noted that Medford Township also recently received grant funding to repave its portion of Medford LakesTabernacle Road from the borough border to near the Tabernacle Township line. The borough, according to Borough Manager Robert Burton, has “pooled” together two separate NJDOT grants it received, the one for the repaving work (some $280,000), and the other to add a bike lane to Lenape Trail (some $150,000), so that it could place the funding into “one overall road improvement program,” Phase III, and, “when going to bid, both projects can be bid by the same contractor.” Striping improvements are included in the “base bid” for Phase III, McIntosh pointed out, “for the bike lane project.” However, according to McIntosh, borough council had tabled last year a resolution that would have authorized the submission of a grant application to the NJDOT for adding
WWW.PINEBARRENSTRIBUNE.COM establishments, as there has been a recent “proliferation” in residential neighborhoods. Deputy Mayor Dr. Gary Miller noted that he recently heard from residents that the “ambiance of Medford Lakes is being changed” because “people are putting up more and more lights at night.” “Even with them pointed down, they are seeing everything is illuminated,” said Miller, who noted that he would need to digest the latest draft. “From what I can see, putting it as a nuisance ordinance is the way to go and it is going to accomplish a lot that we haven’t been able to do so far.”
a bike lane to Lenape Trail, with late mayor Robert “Bob” D. Hanold Sr. “against any form of bike lanes on Lenape” at the time. The resolution, McIntosh said, ultimately died due to inaction. Still, the borough’s engineers “applied for the g rant” (due to an apparent miscommunication of some sort) and “it was granted,” catching officials “somewhat off-guard,” the borough clerk maintained. Now borough council has to decide, McIntosh indicated, whether it will return the “$150,000 bike lane grant for Lenape Trail,” or proceed with the project. “We still haven’t taken action with respect to what that plan is supposed to look like,” McIntosh said. Resident Joseph Aromando, also a candidate for council in a special May 11 election, in response to finding out about the grant award, contended that he doesn’t believe Lenape Trail should have bike lanes on it and residents should have input on the project before it moves forward. A single bike lane, he added, conflicts with motor vehicle laws.
Saturday, May 8, 2021
CHURCH (Continued from Page 9)
u nder t a k i ng by PCC, w ith re c ip e s, ingredients and tins provided for anyone interested in making casseroles. Members have been involved with this collaborative effort for many years. They joined forces with the Dutch Wagon Amish Market in Medford and CCC in Browns Mills, to further the mission of the Casserole Program. Volunteers meet at the Dutch Wagon on Saturday afternoons, late in the day, as the market prepares to close for the week. PCC is then given unsold food, which often includes meat, chicken, cheese and bread for casseroles and sandwiches, as well as 10-15 gallons of milk, salads, soups, and sweet treats. These donations from the Dutch Wagon are then taken back to the church for
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refrigeration, and volunteers prepare casseroles at home. Mid-week, staff from the CCC stops by the church to pick up the casseroles, sandwiches and other nonperishable food donations and delivers them to individuals living in the woods and/or in motels. CCC strives to provide breakfast and lunch, and twice a week provides hot meals for those living in motels. I n 2020, R ichard s s a id that PCC distributed a minimum of 1,224 casseroles, 1,344 sandwiches and a total of 11,142 meals. These donations ease the pressure on CCC’s food budget, which has been further stressed with the pandemic causing an even greater need for assistance. “We are grateful for the wonderful people here who do so much to help others who are particularly vulnerable,” Richards said. “We are grateful to help feed those most in need. We are all here for a purpose: to help one another.”
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behavior she believed was improper, opting instead to photograph it and then forward the resulting photos “with the intent of harassing and bullying students.” She also contended that had a male teacher photographed a female student because he believed her skirt was too short and sent the results “to a social media page designed to harass, intimidate and bully girls who wear short skirts, it would be likely that this male teacher would face criminal charges, not just disciplinary charges within their school.” Despite being advised by the police that there was no criminal violation involved, this particular mother told the Pine Barrens Tribune that she had also taken her complaint to the Ocean County prosecutor’s office, which had indicated that it was being investigated as possible “cyber harassment,” because the pictures were taken of juveniles who weren’t aware they were being photographed at the time (a claim that couldn’t be immediately verified). In the meanti me, a rev iew of the “Maskholes” Facebook site, while finding no trace of the offending photos, did reveal a Feb. 13 posting that stated, “This group got real quiet. Also, I noticed posts erased. What happened(?)” The only direct response to that query was, “Tommy Sharpe (the apparent pseudonym of the site’s creator): when it’s pictures of minors in the school, yes sir, it is illegal, and a consent form must be signed. “The fact that anyone on this site would do that in the first place is pretty disturbing.”
(Continued from Page 5)
Photo Provided
Bryan Warsing and Pactricia Parzyck, ShopRite of Medford associates, point to their pictures on unveiled special edition Cheerios boxes.
SHOPRITE (Continued from Page 7)
hunger together,” said Rob Zuehlke, manager of corporate social responsibility at Wakefern Food Corp. “Today, we are recognizing all our frontline workers, but especially our essential heroes, and our ShopRite associates, including Patricia and Bryan.” Zuehlke explained during the celebration that ShopRite’s Partner In Caring program began in 1999, with an “eventual goal” of raising $1 million for food banks. But over 20 years later, he said, the partnership has grown “to the tune of $3.2 million every single year.” “Our beneficiaries now range from a standard food pantry to food kitchens, child care centers and women care shelters,” Zuehlke said. Of the $22,764 that ShopRite of Medford raised, the Christian Caring Center will receive a $500 donation, with the remainder to be “shared at the discretion of Partners
In Caring in the southern New Jersey area.” This past year, Zuehlke noted, 285 ShopRite stores participated in the five-week fundraising campaign, raising over $1 million. To date, ShopRite team members have raised nearly $50 million through Partners In Caring – money that supports some 2,200 charities working to fight hunger, and over 1,200 ShopRite associates have been featured on special edition Cheerios boxes (which are sold exclusively at ShopRite stores). “If you are working hard, fighting against hunger, we will be there with you, to support you,” Zuehlke said. “… When we are at our lowest (with world events), our food banks and pantries are at their highest, ready to serve, no matter what.” Sutton, after the event, told this newspaper that anyone in need of food can visit www. ChristianCaringCenter.net, or go to a drivethru food pantry being held at 378 Lakehurst Road, in Browns Mills, on Wednesdays, Thursdays and Fridays from 10 a.m. to 3 p.m. Identification is required.
answer, he too, opted to remain silent, except to state that he was “not at liberty to say anything at this time on behalf of the board to protect all parties” and that the individual to whom all questions should be put was Board Attorney William S. Donio, of the Atlantic City law firm Cooper Levenson. Donio, contacted the following day, said in a return phone call that he could “not speak about this specific case,” but could say that “the administration and the board take bullying very seriously,” their policy being to investigate such incidents and “take remedial action when they feel it is appropriate.” When asked why district officials could neither discuss the specifics of the matter nor name names, but a parent was permitted to do so in a residents’ forum that is accessible to the public, Donio replied that the board was not in a position to “pick and choose viewpoints” expressed in such a situation, and that to attempt to do so might be construed as a violation of First Amendment rights. He added that if the board was willing to allow residents to compliment personnel, it had to be equally willing to allow them to make negative comments about them as well. Among the comments made by the mother who spoke at that forum was an accusation that the teacher who took the photos had “shirked her responsibility” to correct
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(Continued from Page 8) evidence! The only thing in front of you is what the officer testified to!” The defense attorney pointed out that Lucas testified that Patel was “cooperative” with police, Watters had also acknowledged his cooperation in the video that had been aired and that the establishment owner had voluntarily turned over the surveillance video to police “in an effort to cooperate with their investigation,” along with “coming in for a statement by himself, without an attorney present.” “The officer even said to him that, ‘You’ve helped us with other investigations.,’” Armano said. “That was the officer’s testimony. That is the only thing in evidence. Those mitigating factors of Mr. Patel being very polite, very calm, very cooperative and very forthright with police! He didn’t hide anything!” Armano argued that state statute provides for a “decrease in penalties” if there is “a previous history of compliance, good-faith efforts and extraordinary cooperation in the investigating.” Bayer poi nted out that “exc essive violations” are those “that occur two years from disposition.” He added that council cannot assess a monetary penalty in place of a license suspension. Detrick’s motion for only a 45-day suspension of the liquor license died after silence in the room. McCartney then made a motion for a 60-day suspension, seconded by Gardner. The latter motion passed 4-1. Council was warned by Bayer to refrain from discussing the substance of the hearing during public comment, but nobody from the public spoke. Dur i ng counci l’s reg u lar Apr i l 21 meeting, the public body voted to start the 60 consecutive-day suspension of the liquor license on May 5. Reacting to the decision in the later interview with this newspaper, Patel again acknowledged that he “made a mistake” selling alcohol to a person underage, but
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added that he felt council should have only and that one “has to go a little further than a given him a “15 to 30-day suspension” due violation (one that resulted in the hearing),” to his cooperation in this and other matters. adding that the township is “misusing its “I accept the charges and a mistake power.” happened,” he said. “But what about the “Who is going to take action against the circumstances? They didn’t take that into township when nobody speaks up?” Patel consideration. Everybody looked at the asked. video, but nobody looked at the person’s Patel then told this newspaper that he height, how heavy and big he (the juvenile) began experiencing “harassment” from is and the fact of how you can get confused the township, particularly after contacting because of the masks you have to wear these the township clerk to receive details about days.” any special outdoor dining privileges Patel said he was disappointed in the being offered to establishments due to the outcome considering that he “always helped Coronavirus pandemic shutdown. the police department in solving their cases,” Patel contended the township clerk including told him “g iv i ng them t h at c ou n c i l videos, giving was having a t h e m i n f o .” meeting on a He explained We d n e s d ay that the n ig ht, wou ld “ i n t ox i c a t e d be passing person” charge procedures on from the past “what she has i nvolve d “a t o d o ,” a n d crazy lady” and that he would that she “was be “good to go not intoxicated on Thursday.” when that The proprietor violation told this happened,” and newspaper that that the charge based on that involving Photo By Douglas D. Melegari conversation, “contaminated Sgt. Thomas Lucas (left) testifies that Amit Patel, proprietor he “assumed” b o t t l e s ” of Belly Busters, sold alcohol to a minor. Municipal that he would entailed a state Prosecutor Alison B. Weinroth listens to the testimony. be allowed to inspection that serve outdoors found “an old bottle” that had attracted beginning that Thursday, but that when he ants. began doing so, “next thing I know, that “Small ants go to the bottles,” Patel Thursday morning, a cop comes in when I contended. “It happens, and it is normal served the first beer.” for an old building. I did everything I could “‘You don’t have permission to do this out to prevent that. But it is still ants, and they there,’” Patel recalled the responding officer do what they want and went into the bottle. telling him. “I said, ‘OK, no problem.’, so I That caused ‘contamination’ to the state.” stopped serving.” Weinroth, according to Patel, “went all Patel told this newspaper that a short time the way back to 2013” to “prove her point after that incident, there was another, in to get me a 60-day shutdown.” which he made application to the township The proprietor further contended in the construction office to install fencing at his interview with this newspaper that “the premises. He said he paid the associated township has some personal issue with me” fee by leaving a payment in the township’s
drop box, assuming the town was otherwise operating regularly due to the pandemic. “I assumed once you pay the fee and submit an application, you are good to go,” Patel said. “So, I built the fence, and once the job was completed, he (Construction Official David Benedetti) sends me a letter that the application is denied and fined me for installing the fence.” Patel contended that a similar of pattern of “changing the rules,” but only after “he applies for something,” which ultimately “results in a denial,” had happened when he went to “clean up a hill” that separates his lot from that of an AutoZone retail store, and also when he went to “remodel Belly Busters.” “I called David and asked him if can clean that place (the hill) up because homeless people are doing real sh**over there (going to the bathroom),” Patel recounted. “It was smelly and bad for my reputation of my building, so I wanted to clean it up. I think he did not understand how bad of a problem I was having here. … He comes over here saying I need to resubmit and he always denies them (applications).” Patel maintained that he wanted to install pavers by the hill, and remove stumps, but the zoning official instead wanted him to “submit a site plan” and “install a retaining wall” (which he feels the AutoZone should install if they want one). The proprietor fu r ther c ont ende d the c onstr uction official even shut his premises for a week after alleging that the hill was posing an imminent danger, and it was only after he left a message with Mayor David Patriarca that he was allowed to “reopen his store a half hour later.” Patel maintained that an engineer he retained had determined that the hill posed no danger of mudslides. “People are making comments about the way my place looks, but they don’t let me fix it,” Patel said. “How are you going to let me fix it when you don’t give me a permit? Their (the township’s) main purpose is to chase all the businesses out of here. They don’t want businesses in this town!” Watters, when asked i f the pol ic e See LICENSE/ Page 15
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(Continued from Page 13) department has been involved in any other way with Belly Busters or in the township disputes described by Patel, replied that “he cannot speak for the township,” but “as for the police department, this (the alcohol sale to a minor) is the only investigation I have conducted.” Business Administrator Daniel Hornickel, when asked about the charges Patel made, told this newspaper that the township has “no record that the re-grading of the hill was done with Planning Board approval” and that “consequently, it (the work Patel did) remains an open violation.” “Our former construction official initially felt that the hill was an unsafe condition, but changed his opinion after being presented with additional information,” Hornickel added. The business administrator told this newspaper that “conceptual plans to remodel Belly Busters” were submitted to the township’s Department of Community Development in 2019. “B e c au s e t he prop er t y is lo c at e d within the Browns Mills Town Center Redevelopment Area (BMTCRA), there are specific procedures for improvements in the redevelopment plan, revised in 2018,” Hornickel said. “The director of Community
Development (Benedetti) asked the owner to file a site plan waiver application, which does not require Burlington County Planning Board approval. Otherwise, the owner would have to submit applications to both the township and the county as the property is on a county road. The township would like the owner to improve this property, consistent with the BMTCRA plan. “Last month, Belly Busters indicated it would like to expand its building by constructing an addition to the front of its building. This addition is permitted by the BMTCRA plan and encouraged by the township. However, the process to construct the addition requires a site plan waiver application be submitted to the planning board. Belly Busters has yet to submit all the necessary materials to accompany the application. Without a complete application, a recommendation cannot be made to the planning board to review the waiver request, nor can a permit be issued to construct the addition.” Hornickel told this newspaper that the “owner of Belly Busters” was asked to comply with a “common-sense” application process” adopted by council on June 17 of last year for outdoor dining, to receive a permit to engage in such activity, but that “he chose not to adhere to the guidelines.” “Since he did not have a permit for temporary outdoor seating (as the proposed
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seating area did not sufficiently segregate and safeguard patrons from motor vehicles), the township temporarily precluded Belly Busters from having outdoor seating. Shortly thereafter, the owner complied with the resolution and an outdoor seating permit was approved on July 7, 2020.” The business administrator pushed back most strongly on Patel’s remarks that the charges leveraged against him were “personal,” noting that all township department heads and managers “undergo training on various topics, including Diversity & Inclusion in the workplace,” as is required as a member of the Burlington County Joint Insurance Fund (BurlCo JIF). “For zoning and code enforcement, our employees don’t pull up to a location, see who owns it or knock on the door, then decide whether to issue a summons,” Hornickel maintained. “Rather, if they see a violation, they take pictures and document the address, then return to the office, locate the property owner’s information and issue a Notice of Violation (NOV), giving the property owner an opportunity to abate the issue. “Our forms include a telephone number to contact in the event that a property owner reasonably needs additional time to come into compliance with the zoning or property maintenance code. If the property owner comes into compliance within the time allotted, the notice is closed. If they don’t,
♦ Page 15
they receive a summons. Property owners along well traveled corridors are plainly more conspicuous when it comes to identifying zoning and property maintenance code violations than property owners off the beaten path. Notwithstanding, we issue NOVs when our enforcement personnel observe violations, or members of the public call to complain. All property owners that (for whatever reason) fail to abate the NOV have a fair opportunity to argue the case in court.” Hornickel told this newspaper he was unaware of any disputes between “Belly Busters and the township clerk’s office” and that the township clerk is “responsible for administering the liquor license and her function is ministerial in that regard.” “Neither the director of Community D evelop me nt , nor I, h ave h a d a ny conversations with the current or former police chiefs about targeting Belly Busters for any purpose,” Hornickel said. As for what Patel might do should the 60day suspension take effect, he said, “It depends on the township and what they let me do.” “They are misusing their power,” he added. “They could destroy me, or let me survive and open it. The kitchen section I can open, and I can sell sodas or cigarettes, because that has nothing to do with the liquor license.”
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