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Tabernacle Reaches $13,500 Settlement with Resident Over Unavailable Executive Session Meeting Minutes; Promised Ordinance Establishing Procedure for Release of Future Minutes Becomes Unexpectedly Controversial Team Coverage

TABERNACLE—It was a perfect storm of factors that led to confusion, misunderstandings and gavel banging at the latest, Aug. 26 Tabernacle Township

Committee meeting: an apparent change to the governing body’s meeting agenda with explanatory statements of action items now published, the absence of two committeemen, a pending consent order following litigation over alleged violations of the Open Public Meetings

September 7, 2019 – September 13, 2019

RIGHT OF ACCESS

By Mark Hatoff and Douglas D. Melegari

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Act (OPMA) [a.k.a. Sunshine Law] and Open Public Records Act (OPRA) made by the municipality, a committeeman abruptly leaving the meeting for a minute while a key explanation was provided by a township professional over the reason for See ACCESS/ Page 25

Developer Seeks Letter of Support for Solar Project in Southampton ‘Solar Sites’ Would Generate 2.3 Megawatts of Electricity

By Douglas D. Melegari Staff Writer

SOU T H A M P TON — Next Era Energy Resources, a Juno Beach, Florida company that contends it is the largest developer and operator of renewable energy in the world, has set its sights on two parcels in Southampton Township for a community solar project that it hopes can be supported through a new state initiative. “The way we identified Southampton for this project is we took a look at the typography of the land, and the willingness of land owners to speak with us, enter into a partnership with us and form an interconnection,” said Kevin Hu, a project manager for NextEra Energy Resources, at the latest meeting of the Southampton Township Committee. Hu said the company would like to construct “solar sites,” with ground-based solar panels, on two lots that sit along Beaver Dam and Red Lion roads. A PowerPoint presentation he provided to the township committee noted that the two sites combined are 12 acres. “There are two projects that we are looking at,” he said. “One will be comprised of 1.1 megawatts of electricity, the other would be comprised of 1.2 megawatts of electricity, each about six acres each,” he said. “They are both See LETTER/ Page 10

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LOCAL NEWS

Project to Repave Carranza Road to Washington Line Stalls After Shamong Allegedly Has Change of Heart By Douglas D. Melegari

transparency advocate who has taken Tabernacle to court now many times over alleged Open Public Records Act (OPRA) and Open Public Meetings Act (OPMA) violations, and settled each time, is vocal about town issues at Tabernacle’s government meetings. Members of the Tabernacle Township Committee have vowed in the past to work with Shamong Township to repave Carranza Road to the Washington Township line, which would resurface the road well past Moores Meadow Road. However, since the road has not yet been resurfaced past Moores Meadow Road, Brooks is among those upset that the project has stalled, and is vowing to hold officials’ feet to the fire and speak out at each Tabernacle Township Committee meeting until the road is done. “She lives on Moores Meadow Road,” Cramer said. “Her beef is we haven’t paved all the way to Moores Meadow Road. We paved about a third of the way to Moores Meadow Road.” Brooks, during an Aug. 26 township committee meeting, contended that the part of Carranza Road at issue has not been resurfaced in 35 years, while every other municipal road has been resurfaced at least once in that same timeframe. “Carranza Road has the lowest rating on the municipal road evaluation report Township Engineer Dante Guzzi put together,” Brooks said. “It is time to finish Carranza Road!” See STALLS/ Page 19

Staff Writer

TABERNACLE—A promised project to repave a treacherous stretch of Carranza Road from around a sharp bend, located just south of Forked Neck and Bozarthtown roads, to the Washington Township line, has apparently stalled after just one phase of the project has been completed. The stall has led to many questions and controversy at recent Tabernacle Township Committee meetings, with pleas heard for Tabernacle to finish the project in its entirety. Tabernacle Township Administrator and Public Works Director Doug Cramer told this newspaper on Aug. 29 that the township had Carranza Road resurfaced in late spring from the bend, located just south of Forked Neck and Bozarthtown roads, to stopping just short of the Batsto River, or the beginning of the Wharton State Forest. “We did $245,000 worth of paving,” Cramer said. “It got us to the state forest, but not anywhere near the Emilio Carranza Crash Monument or Moores Meadow Road.” The cost of phase one was paid for by a previously awarded $245,000 New Jersey Department of Transportation (NJDOT) Municipal Aid Program grant to Tabernacle Township for Carranza Road. Moores Meadow Road is where Fran Brooks, a resident who frequently attends Tabernacle Township Committee meetings, resides. Brooks, a

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A treacherous stretch of Carranza Road earlier this year.

CIRCULATION The Pine Barrens Tribune is published every Saturday. This newspaper is protected under the Federal Copyright Act. Reproduction of any part is not permitted by mechanical or electronic means without the expressed written permission of the Publisher. The Publisher reserves the right to revise or reject any advertisement. No liability shall be attached to the Publisher for interruption of publication or limitation of size and/or number of pages due to shortage of material, failure of transportation, flood, fire, severe weather, winter weather, riots, strikes, acts of God, or other causes beyond his or her control. It is our policy to promptly correct errors. If you believe that you see a mistake, please call (609) 801-2392. © 2019 Pine Barrens Tribune

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Salvage Yard Draws New Scrutiny After Blaze Destroys Two Buildings and Bus Reportedly Blocks Entrance By Douglas D. Melegari Staff Writer

SOUTH A MP TON—An auto salvage yard and recycling center in Southampton Township, which has been at the center of controversy for over seven years, is drawing new scrutiny from nearby residents not only because of a destructive early morning-July blaze that occurred there, but also because of a bus that was reportedly parked at the site’s entranceway, in place of a broken gate, and had to be moved during the emergency with a winch by firefighters so that they could gain access to the site. Dozens of residents, who live in the vicinity of Allied Recycling, attended the latest Southampton Township Committee on Aug. 20—the first one since the blaze—and called on officials to increase its oversight of the salvage yard, proactively enforce the law at the site and implement safeguards to prevent another fire there. As previously reported by this newspaper, the 440 New Road blaze, which was first reported to authorities at 3:06 a.m. on July 24, destroyed a 40 ft. by 40 ft. garage and construction trailer. It also damaged several vehicles within close proximity to the buildings. “I know this was my neighborhood’s greatest fear that there would be a fire here and it was just so scary, seeing those flames back there,” said resident Pat Topham. “I know (one resident) here saw a pine tree go up in flames. It is scary because it could just so quickly spread.” But it didn’t spread and turn into a forest fire—something residents living in the vicinity of the salvage yard, surrounded by woods, had expressed fears about for years—thanks to the firefighting efforts, and Southampton’s fire companies “having the right equipment,” according to Topham. Vincent Fire Company Chief Barry Pratt previously said that firefighters had to utilize a winch on the front bumper of one of their fire trucks to “open up access” to the blaze since a parked vehicle on the property was blocking access to the flames. Since this newspaper published Pratt’s comments, several eyewitnesses and local officials have told this newspaper that the aforementioned parked vehicle was a bus. “We were very grateful it was such a rainy night because God only knows what would have happened,” said resident Catherine Wishart of Falcon Drive, which is off New Road and adjacent to the salvage yard. “What we have been yelling about for over seven years now (potential for a wildfire), almost occurred because if that fire would have gotten any bigger, houses would have been involved in a neighborhood that has only one entrance and egress. We are also very concerned because apparently, at the time, there was a problem with their gate, so they used a bus to block the entrance, which the fire department had to move out of the way.” Topha m contended to t he townsh ip committee that the bus had been “sitting there since Friday” (July 16) up until the July 24 blaze. “It makes you wonder, how out of the entire township—people who live in this area, and people driving by it—why nobody said or did anything about it, particularly the township,” said resident Karl Caine. “How can you sit there and let things go by?” Wishart, in the wake of what had occurred, asked t he townsh ip com m it tee if t he municipality’s current code is enforceable and contended that there are portions of it that residents believe the salvage yard is not meeting. “Building code is certainly enforceable— yes,” replied Committeeman Michael Mikulski.

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POLITICAL HATS IN THE RING

GENERAL ELECTION TUESDAY, NOVEMBER 5 NJ 8th Legislative District General Assembly

JEAN STANFIELD (Republican)

Political advertising paid for by the Burlington County Republican Committee Treasurer C Lambiase, 219 High St., Mount Holly, NJ 08060. Photo By Vincent Fire Company.

A 40 ft. by 40 ft. garage, construction trailer and several vehicles within proximity to the buildings caught fire July 24 morning at Allied Recycling in Southampton. Wishart pointed to a section of township code requiring that any salvage yard must place all of its items in an area where they cannot be seen from the road. She contended that has not been happening at Allied. At the time of the meeting, those passing through the neighborhood could see a red McDonald’s box car positioned by the front entrance of the salvage yard. “Are they required to have better egress and access to the site, so God forbid this happens again, the fire department would have an easier time getting in there?” Wishart asked. “The way it was all blocked up and everything really has us concerned. According to planning board code, that shouldn’t have happened because they are supposed to have everything where we don’t see it.” Mayor James F. Young Sr. replied that the bus should not been across the entranceway. “They should not have had the entrance blocked in the first place,” he said. “They said, this is hearsay, that there was something wrong with the gate, so that is why they put the truck there. I don’t know.” Wishart pressed the township committee to reveal whether something is being done to make sure the situation doesn’t happen again. “Understand, there is a lot of reasons we can’t necessarily, in a public forum, talk about the specifics, but the answer is, ‘Yes.’” Mikulski said. Mikulski then referenced a previous Superior Court decision that came about after the Southampton Township Zoning Board took Allied to court, in which it was ruled that 440 New Road “is an auto salvage yard and recycling yard.” The decision solidified that auto salvage and recycling activities on the parcel are legal. Mikulski said that the municipality has been making sure that Allied is meeting its legal obligations since the court’s decision. “So, one obligation is to remove ‘X’ number of tires every so often, there is a state agency that monitors that,” he said. “That state agency has been down there at least three times in the last 18 months. Each time it (the state) is saying they (the owners of Allied) have met their obligation. So, as a municipality, we are a little limited in how many times we can call that state agency and say here is an issue. So, when an issue comes up such as using a bus to block the ingress and egress, I can assure you See BLAZE/ Page 18

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Tabernacle Makes Emergency Repairs to Two Roads After Six Sinkholes Form

By Douglas D. Melegari Staff Writer

TA B E R N AC L E —Tw o Ta b e r n a c l e Township roads have undergone emergency repairs after a total of six sinkholes opened here within the past month, primarily the result, officials say, of a June 19-20 storm that unofficially dropped more than 8 inches of rain in Tabernacle. “We feel the 8 inches of rain we had in four hours contributed to it (the sinkholes),” said Township Administrator and Public Works Director Douglas Cramer. The largest sinkhole, according to Cramer, formed on Oriole Way, near a pair of basins with a pipe that runs underneath the road. “It was the size of an automobile,” said Cramer of the size of the Oriole Way sinkhole. “Wall and mortar blocks gave out, allowing the ground to be sucked in underneath the pipe.” The sinkhole forced officials to barricade one-full lane of Oriole Way until emergency repairs could be made. “We had to bring in an outside contractor to make the emergency repair,” Cramer said. “Based on the potential that any further collapse of the road would trap six residents, it was declared an emergency and I had it repaired the next day. The road was repaved the following day.” The Tabernacle Township Committee, on Aug. 26, retroactively approved a $7,377.65 emergency appropriation for the Oriole Way repairs. The other five sinkholes, according to Cramer, developed alongside Burr Trail. “It was basically the same scenario as what happened on Oriole Way,” Cramer said. “The seams in a pipe separated slightly, and with

the volume of water going through the pipe, it acted like a venturi and sucked dirt in from an outside pipe, causing the sinkholes.” Cramer said that the sinkholes that formed alongside Burr Trail were much smaller than the one on Oriole Way. “They developed just outside of the road, near a pipe, overtop of a right-of-way,” he said. “The sides (of the road) sunk.” Cramer said repair work to Burr Trail was done “in-house” by the Tabernacle Township Department of Public Works. He added that Burr Trail was never closed due to the situation. However, Flyatt Road, between Old Indian Mills Road and Route 206, remains closed after the June storm undermined a portion of the well-traveled thoroughfare. “It was washed out,” Cramer previously told this newspaper. “The water undermined the side of the road. We also have an issue with the pipe going underneath it also.” Township Engineer Dante Guzzi said bids for the road were expected to be received by the municipality on Sept. 4 and will be considered by the township committee at its next meeting on Sept. 9. “Our intent is to get the project awarded during the next meeting on Sept. 9 so that we can get a contractor out there and get started right away,” Guzzi said. “So, I am hoping within 30 days a contractor will get out there. It is not going to take a long time to do, but there are a couple headwalls involved that will take a little bit of time. So, it will be wrapped up this fall, early.” Guzzi told Mayor Joseph Barton that he was hoping to have the road reopened by the end of October. Barton asked that the local school systems be notified of the timeframe.

Mobile Unit to be Dispatched to Combat Opioid Epidemic PEMBERTON—The Burlington County Sheriff’s Department plans to launch Hope One Burlington County this upcoming week, a mobile unit that brings addiction and recovery services and resources to those struggling with drug addiction. “Hope One Burlington County will travel throughout Burlington County to offer assistance to individuals suffering from addiction, along with the family members who are looking to get help for their loved one,” said Undersheriff Michael Ditzel. Hope One Burlington County will travel throughout Burlington County every Tuesday. The first mobile outreach event is scheduled to take place in the Browns Mills section of Pemberton Township on Sept. 10 at the Brown Mills Shopping Center, 100 Pemberton Browns Mills Road. Hope One staff will provide linkage to peer-to-peer recovery specialists and treatment facilities, provide Na rca n tra inings a nd d i st r ib ut e f r e e Na r c a n k it s. Partnering with the county’s Health and Human Services departments, they will meet additional needs in the community by providing Photo By Burlington County Sheriffs Department communicable disease testing, onsite photo identification, free toiletry Hope One Burlington County mobile unit. kits, and refreshments. region, and in turn reduce drug-related crimes “We know that this mobile unit will be an in Burlington County. incredible community resource for Burlington To view the Hope One Burlington County County residents,” Ditzel said. schedule, please visit the Burlington County Officials say the outreach program will aim Sheriff’s Department Facebook page or website at www.co.burlington.nj.us/sheriff. to help curtail the opioid epidemic affecting the

Photo By Tom Walker

Tabernacle Town Hall prior to the handicap wheelchair ramp work starting.

One of Two Projects Commence to Make Town Hall More Handicapped-Accessible

By Douglas D. Melegari Staff Writer

TABERNACLE—One of two initiatives to ma ke Taber nacle Town Ha l l more handicapped-accessible to the public has begun, while the other has been put on hold. A construction company last week began digging up an existing handicap wheelchair ramp that leads up to the front doorway of town hall. It is being replaced with one that provides “safe ramp access” to the building. The township is also having a 20-year-old gazebo in front of town hall replaced to make it handicapped-accessible as well. As previously reported by this newspaper, officials are planning a bench dedication when the new gazebo is erected in honor of retiring veterinarian Dr. Gordon Stull, who has been providing a free rabies clinic service to Tabernacle for over 20 years. “We hope to be finished by the end of September,” said Township Administrator and Public Works Director Douglas Cramer. Cr a mer a n nou nc e d la st Sept emb er that Tabernacle received a Community Development Block Grant (CDBG) of $70,000 to make improvements to town hall to improve its accessibility to the handicapped. There is no elevator in town hall, which was built around 1910. Part of the CDBG grant allocates money to the municipality to install an updated handicap wheel chair lift on a staircase inside town hall, so that the handicapped can access Tabernacle Township Committee’s meeting room more easily, which is on the second floor of the building.

However, Cramer said on Aug. 26 that project has been put on hold because of issues with both an original contractor and the current one. “After some frustrating times with the original contractor where they could not meet the requirements we needed, the second contactor, after meeting with them, have a number of issues that the engineering staff and myself do not feel comfortable with,” Cramer said. “One of the issues is they want all of the money upfront.” He said he will talk to the CDBG grant administrator to see if the township can carry the project another year while in search of another contractor that can meet the municipality’s requirements. “We’re not having trouble paying bills or anything?” asked Committeeman Stephen Lee IV. “Why do they want all of the money upfront?” Cramer said the contractor is part of the “private-industry” and called it a “red flag” when a contractor requests upfront payment from the municipality. “They should be able to carry us for 30 days,” he said, noting a purchase order voucher is given to a vendor. Cramer said the municipality will apply for another grant if the CDBG grant administrator does not authorize the grant to be carried over for the lift phase of the accessibility project. There has been plenty of past township committee discussion about constructing a new municipal building or relocating the municipal government offices to another building, though it never led to such a decision being made.

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OPINION

It’s Time to Improve Route 70 and Senator Dawn Marie Addiego’s office off Jones Road, but one of the area’s most popular medical offices is located on it, called the “Yellow Building” since it was yellow in color for decades until it was remodeled last year, and with so many seniors and emergency service vehicles navigating this intersection, one would think it would be a priority to get such a signal installed. Last year, we opined about perhaps the most dangerous intersection of all on the road: Lakehurst Road and Route 70 in Pemberton Township. Despite many voicing concerns about this intersection, and newspaper coverage of frequent tragic accidents here, nothing has been done to improve its safety. This intersection is in desperate need of a traffic signal. Due to a fork in the road, drivers who turn off Lakehurst Road onto Route 70 must crane their necks almost 360 degrees in order to see oncoming traffic on the state highway coming around a curve. Traffic is often steady on this part of Route 70, forcing many motorists to accelerate out in front of traffic that is flowing at the posted speed limit of 55 mph (or greater since speeding is a huge problem here). Additionally, the stop sign at Lakehurst Road is easily missed, as one can come up on it with little warning. It is also missing important chevron alignment signage. We urge local officials in Medford, Southampton and Pemberton townships to embrace our ongoing ‘One Less Tragedy, One Less Trauma’ campaign and hope that they will make a push to ensure better policing of these highways and get these needed improvements done.

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(Re: Pleas for Cameras in Sunbury Village Grow in Aftermath of Two Shootings)

Congressman Kim’s

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E ditor’s Note: Congressman Andy Kim’s office has not provided a weekly recap column for the past two weeks. This feature will return when provided.

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LETTER TO THE EDITOR

EDITORIAL

During the past two months, there have been numerous accidents on Route 70, including one that killed a Southampton man. Route 70 certainly could use a lot of safety upgrades, and more of a police presence. Police used to heavily patrol the highway, but lately, as even our readers expressed on this page a few weeks back, police appear to have scaled back their patrols of this highway. The accident numbers, we unfortunately fear, are reflecting this decrease in coverage. The recent New Jersey Department of Transportation improvement projects on Route 70 have been a huge disappointment from a safety aspect. The projects mostly involved repaving the state h ighway. One also saw a handicapped sidewalk to nowhere installed at the intersection of Route 70 and New Road. Take a ride out to this intersection and you’ll see what we mean. There are no homes or businesses near it, nor is there any foot traffic there. What is desperately needed, and what wasn’t included, is the addition of lefthand turn lanes and left-turn arrow signals at major intersections on the highway. The intersections of Route 70 and Sooy Place Road, Route 70 and Eayrestown Road, and Route 70 and Burrs Mill Road are just some of the many intersections in need of left-hand turn lanes. The intersection of Route 70 and Jones Road, in Medford Township, is full of traffic headaches, and what is most bewildering is that this intersection has the left-hand turn lanes, but is missing a signal with a left-hand turn arrow. Not only is the Medford Township Police Department

Pine Barrens Tribune

Mr. Gober, those properties are/ were your responsibility, not the responsibility of all the taxpayers of Pemberton Township. You should have invested in cameras for your properties. If the township doles out money for cameras in Sunbury Village, I want a street light somewhere on my street. I’ve asked, actually begged for one for years, and even offered to pay the electric bill for it, but was told ‘no.’ ~Karen Bryant

Assemblyman Consistently Votes Against Healthcare Measures

I have been a proud supporter of Planned Parenthood for at least 25 years. The range of ser vices adm inistered by the organization makes it one of the most important providers of reproductive health care services in the state. Planned Parenthood, in New Jersey, accommodates over 100,000 patients a year. Approximately 77,000 of these patients are “Title X” eligible. Title X is a program legally designed to serve the needs of low-income families or uninsured people (including those who are not eligible for Medicaid), who might not otherwise have access to these health care services. The federal government makes funds available so these services can be provided. President Donald J. Trump’s administration chose to institute new rules regulating services which essentially “gagged” health care professionals preventing any mention or discussion of abortion services. Since these restrictions are considered governmental intrusion into a doctor’s relationship with a patient, Planned Parenthood has chosen to opt out of the Title X program. In New Jersey, this means the loss of nearly $9 million in funding. Thankfully, citizens of New Jersey are represented by forward thinking and equalityoriented legislators. Well, most constituents are represented by such people. Legislative District 8 is represented by Assemblyman Ryan Peters. Peters, a Republican serving in his first term, has consistently voted against the health care measures supported by the majority. Every one of his votes related to health care

legislation has been against protecting consumers, particularly women. He has voted against sick care leave, medical coverage for family planning and preserving ACA essential benefits. I had read that the state Senate President Steve Sweeney was working to introduce a bill which would provide the $9 million in funding lost by Planned Parenthood. The funds would come from the $1.2 billion surplus in the state treasury. I called Peter’s office to find out if he would support this bill. How disappointing to get no information from the staff member who took my call. All I kept being told was that the assemblyman was “studying the issue.” I am quite sure that Peters will be consistent and continue to vote against any measures that will help women and replace this lost funding. However, it is important to remember that it is an election year. The team of Gina LaPlaca and Mark Natale are the Democratic candidates running for Assembly the 8th Legislative District. Both are strong supporters of Planned Parenthood. Both believe that our legislature has a responsibility to safeguard services and make sure that all women in New Jersey can enjoy a fully authentic relationship with their doctor. A relationship that is free of governmental censorship or intrusion. It is time for Democrats to represent the people of the 8th Legislative District. Sharon Roth Medford, New Jersey

How to Send Items to the Editor: letters@pinebarrenstribune.com, put “Letter” in the subject line. Letters submitted to the Pine Barrens Tribune must include the name, address and phone number of the writer. Letters may be edited for length, clarity and taste. Because of space limitations, letters should be 150 words or less. Due to the volume of letters received, we cannot guarantee every one will be printed.

(Re: Pleas for Cameras in Sunbury Village Grow in Aftermath of Two Shootings) If Gober (landlord in Sunbury) took better care of his properties when he owned them and kicked out the unruly tenants, Sunbury wouldn’t be dealing with all of these issues. Now we, taxpayers, will have to pay for these cameras and have someone man them because one property owner couldn’t keep his tenants under control. ~Veronica Hearney

(Re: Pleas for Cameras in Sunbury Village Grow in Aftermath of Two Shootings) I have to admit, I did not make it to the end of the article due to frustration. Instead of cameras everywhere, how about more of a police presence? How about, when you see someone walking down the street with something you think is not theirs, you call the police? As shown over and over in “high crime” neighborhoods, that is what is required to take back a neighborhood. Not nanny cams. ~Patricia Courchene-Krone

Established 2016 Douglas D. Melegari - Publisher, CEO Jayne Cabrilla - Copy Editor

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Seniors Take River Lady Cruise By Ebba Liguori

For the Pine Barrens Tribune

PEM BERTON —A g roup of sen iors hopped on a 150 passenger, 85-foot authentic reproduction of a paddle-wheel riverboat in Toms River on Aug. 27, offering meal cruises. The iconic River Lady sails down scenic Barnegat Bay in the Toms River area and is a distinctive event venue that splendidly captures the ambiance of the 19th century. In fact, she is the only genuine paddlewheel boat in the entire state, and has been the site of family celebrations, friends getting together, marriage proposals, surprise parties and corporate events since 1989. Spending time on this paddle-wheel boat sends one back in time to the founding of our country. Two-and-three mast sailing ships, known as coastal schooners, would dock and load cargo in the area of the “Town Docks.” This is the same area that privateers would bring captured British ships into port to unload cargo and thus help the colonials in their fight against the British for independence. The River Lady, which docks in the boat docks in Toms River, just off Robbins Parkway, is a reproduction of an early stern paddle-wheel boat. The paddle propels the boat as it sails around the Toms River basin. A seat in the lower-level rear allows one to watch how the paddle works. Many of the men on this cruise hovered by the rear windows to observe the process. The lower level of the boat has air conditioning and the space is always comfortable, no matter what the outside temperature might be. The upper deck is open and enjoyable on pleasant days. During days of inclement weather, plastic curtains are dropped to seal out cold breezes and rain. On the day the seniors went on the boat,

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“Captain Lance” gave a historical commentary during the cruise. A “Points of Interest” map, at a cost of $2, was made available to assist in viewing all the sights. Local history fans should include this trip to round out their knowledge of the area. There are several meal options available for cruise patrons. The seniors enjoyed a continental breakfast while cruising. Following the two-hour cruise, the seniors headed to Fortune Buffet, located nearby, off Route 37. This is an International Buffet and includes many delicious choices. There are several hot soups available, a full salad bar, and many hot entrees and vegetables. There is also a sushi bar. The Pemberton Township Senior Center offers a full range of trips and tickets are available daily from 9 a.m. until 12 noon. Tickets are priced below “market rate” so that more seniors can take advantage of these travel opportunities. Seniors will be heading to Jenkinson’s Aquarium on Sept. 25 for another excursion. Time will be offered for participating seniors to walk on the boardwalk and stop in some of the shops. The trip also includes a meal at Flaming Grill in Brick Township. This is a buffet restaurant with an international flavor. Frank Journeigan is preparing for the International Festival to be held at the senior center on Oct. 25. All seniors are invited to bring a “pot luck” dish to share, preferably from one’s country of origin. There will be numerous interesting dishes served. Members of the Pember ton Township Education Association, Pemberton Township Council and Mayor David Patriarca will be serving. This event is limited to 100 seniors, so early sign up is essential. So many seniors are from different countries of origin, so the menu will be varied. Do not miss this fun day!

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LETTER

(Continued from Page 1) located in the industrial district.” Hu, and his counterpart, Rebecca Rivera, lead communication specialist for NextEra Energ y, requested f rom t he townsh ip committee a letter of support for the project so that it can be included with an application the firm is planning to file with the New Jersey Community Solar Program. “We hope the town will express some sort of support to submit this application to the New Jersey Community Solar Program,” Rivera said. “The reason for that is if we do get a letter of support, it just gives our application more points.” The program, billed as one intended to increase access to solar energy for New Jersey ratepayers, is being administered through the New Jersey Board of Public Utilities’ (NJBPU) Clean Energy Program. The pilot program, created by Democratic Governor Phil Murphy in May 2018, started accepting applications for community solar project this past April, with a Sept. 9 deadline. According to a press release issued by the NJBPU, the program will allocate 40 percent of its capacity—a number much higher than many other states’ programs—to projects that serve low-and moderate-income communities. The program intends to increase solar energy access to ratepayers by enabling utility customers to participate in a solar energy project that is remotely located from their property. “The state has tasked the various utilities to provide solar to various communities across the state,” Hu said. “The way the utilities have gone about it is to basically open (their grids) up to various solar developers across the country, including ourselves, and we are looking to build two of those projects here in Southampton Township.”

Saturday, September 7, 2019

WWW.PINEBARRENSTRIBUNE.COM “Right now, it looks like a total of 75-90 megawatts of electricity,” said Hu of the projects that will be accepted through the program. The number of projects that will be accepted through the program will depend on what each of the state’s utility’s power grid can handle, according to Hu. The press release from the NJBPU notes that each community solar project accepted through the program must have at least 10 subscribers. Hu, when asked by Township Solicitor George Morris about what a subscription entails, said the cost of one is still being worked out by the NJBPU and the utilities. Morris replied that he was still unclear about what one would be subscribing to, and what a person would get from a subscription. “Essentially, you would be purchasing a subscription to the system itself, and then in return you would get a bill credit that is much higher than the subscription amount, which you can then apply to your monthly utility bill,” Hu said. “It gives you access to solar, if you don’t have access to it, such as if you can’t put solar panels on your roof, or don’t have the means to buy it. By this way, (taking out a subscription) you would have access to solar energy if you didn’t have means to get it. As a subscriber, you are basically purchasing a coupon to apply to your monthly subscription.” Hu, earlier in the presentation, contended that one of the project’s “biggest benefits” was that it would allow residents to subscribe to it and get a bill credit on their monthly utility bill. However, at one point during the presentation to the township committee, Hu said that the bill credit is higher “99 percent of the time” than what a ratepayer is paying for a subscription. Committeeman Michael Mikulski said it sounded as though the “devil is in the details” as to what fee one would actually pay to become a subscriber. Hu replied that the details “would be taken

care of” if the project is selected for the New Jersey Community Solar Program. Mikulski contended that the project may be a zoning or planning board issue as opposed to a township committee issue. Mayor James F. Young Sr. suggested that Hu and Rivera make an informal presentation to the Southampton Township Planning Board at its next meeting, and, in return, the board would issue a recommendation to the township committee as to whether it should provide a letter of support for the project. The NextEra Energy representatives acknowledged that there is a formal permitting process the firm would have to go through to carry out the solar projects in the municipality, but that they were hoping to receive a letter of support from the township committee, ahead of any formal filing for permits, as an indication that the municipality would be willing to receive and review a formal permit. They said the letter of support would indicate whether the town had a “willingness” to “host a project such as this.” Hu and Rivera did not object to going before the planning board to make an informal presentation. However, there has been no advertised meeting of the township committee since the Aug. 20 NextEra presentation. No special meeting of the township committee had been scheduled, as of press time, for the governing body to receive or discuss any recommendation of the planning board, and the next regularly scheduled meeting of the governing body isn’t until Sept. 17, more than a week after the application deadline. Committeeman Bill Raftery, who has called on the Southampton committee to amend Southampton’s nitrate dilution ordinance, expressing his belief that it is “handicapping” the development of commercial properties in Southampton, which fall outside of the Pinelands, asked if it was known what the difference would be in how a building lot

is taxed if it has solar panels on it versus buildings. Raftery has been contending that exempting commercial real estate from the nitrate requirements would provide for “an opportunity” for Southampton “to raise revenue.” “What I am looking at is: if it is vacant land being zoned industrial and commercial, I am assuming the founders at one point in time envisioned buildings being put there,” he said. “So, the thrust of my question is, if there is no building, but solar, what are the tax ramifications to the township? If the property was developed with warehouses, buildings, office space, it would be taxed as such. If it is developed as a solar array, I assume the taxation would be different and lower.” Rivera said NextEra Energy is assuming an increase in tax payments to the community once the project develops. “The benefits we are referring to are an increase in property taxes to the community,” she said. Mikulski said the township tax accessor would have to provide the specifics, while Heston said he believed the state set the amount a solar farm can be taxed about eight years ago. Raftery and Young have been involved in a public dispute over changing the nitrate dilution ordinance, with the mayor recently expressing that it “protects the township from the overdevelopment of residential areas.” In response to a question by resident Pat Topham about the status of any potential changes to the nitrate dilution ordinance, Young said nothing has materialized on it yet. “There will be a public meeting if it comes up,” Young contended. “I can guarantee you that.” Topham said she loved Southampton the way it currently is and has been a resident of the municipality for 72 years. “I agree with you, 100 percent,” Young said. “Other townships would like to be like ours.”

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The Mouth:

Gateway to Your Health Do Athletes Get More Cavities? A recent study out of British Dental Journal took a look at high-level athletes and their oral health. Dr. Richard They found that they Weber are much more likely to brush their teeth two more times per day than the average person and twice as likely to floss more than the average person! Yet, despite these superior oral hygiene habits (and let’s face it, they are probably more coordinated than the average person so there is a good chance they are doing a “better job” at removing the plaque), they are still getting decay at rates higher than the average non-athlete! Extremely important to note is that 80 percent of the athletes interviewed stated that they used some kind of sports “nutrition” supplement (drinks, gels, etc.). Most of these products are high in sugar and are very acidic. In addition, they are consumed in multiple short bursts. Each time an athlete drinks or eats even a small amount of these products, their mouth becomes acidic and their teeth begin the cavity forming process.

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To make things worse, when we are in a state of physical activity, our body’s sympathetic nervous system is operating, and so our saliva slows down, which further promotes decay. The big takeaway here is that the damage caused by repeated sugary and acidic attacks on athletes’ teeth may cause more harm than positive oral hygiene habits prevent. We may need to explore alternatives to these sugary sports drinks and come up with additional decay prevention strategies to keep athlete’s teeth healthy and strong!

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HEALTH

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Bubonic Plague is On the Rise Let’s talk about bubonic plague from a medical standpoint, not a political one. It is making a new deadly appearance, after being extinct for a long time in the United States. Controlling its spread is imperative to our safety and survival. It is making a resurgence, especially in California, and what is scary is that it spreads quickly. The plague has earned the distinction of being the second biggest killer on our planet, second only to smallpox. Symptoms vary from person to person; however, fever with nausea and vomiting is the first sign of the disease. The disease progresses to include swollen, painful lymph nodes that occur in the armpits, groin or neck. Skin sores are its hallmark, and they turn black, and that is why Bubonic Plague is also known as “Black Death.” Shortness of breath, coughing and wheezing are possible symptoms too. People died from this plague so quickly that large groups of folks were commonly buried in mass graves. The plague is on the rise again because of the perfect storm of problems. It’s caused by a bacterium called Yersinia pestis. There is debate about whether it is spread through the air, or by fleas, or both, but either way it is a deadly disease. Right now, while Bubonic Plague is mostly confined to California, it is also popping up in Arizona and New Mexico. In Colorado, where I live, there was a wildlife shutdown in Denver last week. Most of the Califor n ia cases a re in San Francisco and Los Angeles, where a humanitarian crisis is occurring. We have to do something fast. There is a lot more homelessness in these cities. This naturally leads to fecal matter being scattered on the streets. In combination with rotting food, needles and other trash, rats have made it their home because they thrive in the infestation.

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The rats carry the fleas with the plague, which then potentially infect people and pets. Squirrels, rabbits, mice, coyotes and other animals can be carriers also—it is not just rats. So, minimizing the trash and rats would help in reducing the rate of infection. However, California is strangely proposing to ban anticoagulant rat poison, which translates to more rats and more cases of the plague. Sacramento was recently forced to close an outdoor playground because of the rats as they were naturally worried about children getting ill. Once inside the body, the germ ‘explodes’ and essentially injects poison into special immune cells that are defensive in nature (macrophages). Once k nocked out, the organisms’ macrophages can no longer detect the germ. The bacteria then grows wildly and quickly, killing the host. Reduce risk by treating your pets for fleas, and not letting them mix with rodents or wildlife. Control rodents with rodenticides or traps. Wear insect repellent that works, and keep your pets away from feces and remains of dead animals. Also, keep pets out of the bed. Avoid travel to areas that are infested. As for natural remedies, there is so much silliness on the Internet. Trust me, rubbing your body with a chicken will not cure you of the plague! Doxycycline and gentamicin may be useful. Streptomycin is an older drug, which is considered to be a gold standard.

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Saturday, September 7, 2019

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This project was supported, in part by grants from the U.S. Administration for Community Living (ACL) and the Centers for Medicare & Medicaid Services (CMS) of the U.S. Department of Health and Human Services. Grantees undertaking projects under government sponsorship are encouraged to express freely their findings and conclusions. Points of view or opinions do not, therefore, necessarily represent official ACL or CMS policy.

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2ND ANNUAL HARVEST FESTIVAL

12th Annual Hammonton Green Day Festival Free Event SATURDAY, SEPTEMBER 21, 2019 (RAIN DATE SUNDAY, SEPTEMBER 22) HAMMONTON LAKE PARK 12:00 p.m. - 4:00 p.m.

Saturday, October 26th • 11 a.m. to 7 p.m. Rain Date Sunday, October 27th

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September 8-14, 2019

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♦ Page 15

more energy efficient than their predecessors. It would take 60 of them to generate the same amount of exhaust as one semi-truck from 1988.

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5. The trucking industry accounts for over five percent of full-time jobs in the U.S. 6. In 2015, trucks moved 11.5 billion tons of goods. That’s 63.8 percent of all freight shipments in the United States. 7. There are nearly 16 million semi-trucks on our country’s roads. If lined up end to end, they would reach all the way to the moon.

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Pine Barrens Tribune

Saturday, September 7, 2019

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THE HOBBYIST

Pine Barrens Tribune

♦ Page 17

Taking This One Game at A Time I love Husker football. I know that sounds crazy coming from someone like me, but it is true. When I first met my husband, Pat, I could have Lori Clinch cared less about the Big Red. The man lived and COLUMNIST breathed the game, and at the time, it was his only hobby. The poor dear even spent good money taking me to the stadium to watch it live and in person. I think he deeply regretted the decision when I the 2018 football season, I couldn’t get the game asked a question or two. He probably started to to come on in the antique shop to save my soul. rethink the entire relationship after I asked him In shear desperation, I texted those techy sons of what a first down was. ours and received nothing but poor advice. I would call But Pat stayed the course and actually asked me one or two to no avail, and out of sheer desperation, to marry him, knowing full good and well that I I was known to grab a 20-something customer and had very little knowledge about pass interference, hand her the remote and plead “Fix this!” encroachment and those proverbial false starts. Well-ell! I vowed this year would be different. Then we had those sons of ours who had a While customers come first, and service with passion for the game as big as dear old Dad’s. a smile is a must, I promised that we would be They lived it, they breathed it and they played it watching this season’s very first game on our with ferocity. Smart TV as we worked the crowd. Meanwhile, dear old Mom sat in the stands with I prepared for the moment by checking out the her cronies enjoying conversations that included, but app on the antique shop TV early in the week. were not limited to, “What do you mean they won’t There it was. I nodded to myself, double-checked let us use that coupon for their Door Buster items?” ESPN, played it for a moment and then told myself, It was a slow go, to be honest with you, but “We got this girl.” eventually football grew on me and on occasion On the morning of the big day, I turned the I would throw out a comment during a football TV on, went through the proper motions and game that even surprised me. patted myself on the back when the game actually “Hey that was clearly pass interference!” or appeared. Talk about your proud moments! “Did you see that block in the back?!” When they started to play the music for the Once, I impressed my fellow sports fans when tunnel walk, I felt chills run down my spine. When I threw a fist in the air and shouted out, “Did you the Huskers came out of the tunnel, my eyes welled see that horse collar?” with tears, and then the doggone TV screen turned Throughout those years, I not only began gray and an error code appeared across it! watching the games with my family of men, but Well, let’s just say that it is a good thing that I all of their friends, and, if you live four miles south am a good person because I certainly could have of town and still want to be the mom on the block, let some obscenities fly. I will tell you how—jalapeno poppers. I didn’t get to watch the game, but Pat listened Word to the wise on that one folks. to it in the back of the antique shop and we are We watched the Huskers play. We shook grateful for a good outcome. our fists, squealed with delight, and on a few I am nothing if not a positive person, so I plan occasions, heads dropped as the final moments to spend the week analyzing, revamping, and like ticked off of the clock of a losing game and guests the Huskers, preparing for the next game. walked out the door in despair. I am seriously hoping the team’s preparations These days our four sons are living in their own will be far more successful than my technical homes and making jalapeno poppers for their own prowess may prove to be. guests and it is just Pat and I in our antique shop watching the big game. Lori Clinch was born and raised in North Platte, A couple of years ago, we followed the advice Nebraska, a hotbed of material for writers whose passion of those sons and did away with cable TV. It has it is to make people laugh. She is the mother of four sons and the author of the book “Are We There Yet?” worked out well for the rest of the year, but during © 2019 LORI CLINCH

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Page 18

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Pine Barrens Tribune

BLAZE

(Continued from Page 4) that was dealt with quickly.” Resident John “JP” Price said it is his concern that the fire companies will be back at the salvage yard, putting out another fire, contending that ordinances are continuing to be ignored by Allied after “hundreds of thousands of dollars” in fines. “My fear is that a fire will go all the way to our community, and then to LeisureTowne,” he said. “Something has to be done. I know the court ruled, and you are not going to change that, but maybe they need fire inspections more often. I am just really concerned. It is really scary.” Vincent Fire Company Deputy Chief Scott Mitchell and Mikulski told the concerned residents that the problem “was fixed immediately” and that the “gate is now fully operational.” “We woke up at 3 a.m. to fireworks and explosions,” said resident William Topham. “Two to three days after the incident, there was nothing but large trucks constantly hauling out of that establishment. What they were hauling I don’t know, but it was steady for three days. Everything was going out; nothing was coming in…extremely large trucks constantly all day long. It was grandfathered in 1947 that this was a salvage yard, or a junkyard. This is 2019, almost 2020, and I feel something should be done, and can be done. It is going to take someone to lose a home or a life for something to be done. I can’t understand why something can’t be done to control this. It is just beyond my belief.” Residents from the area often attend Southampton’s government meetings to express concerns about speeding vehicles allegedly coming and going from the salvage yard, soil contamination purportedly at the salvage yard and truck noise reportedly emanating from the yard.

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WWW.PINEBARRENSTRIBUNE.COM During a June Southampton Township Committee meeting, the governing body heard complaints from several residents who contended they were very upset and frightened after hearing loud explosions coming from the auto salvage yard for two days. Topham, at that time, said he witnessed a “four jaw-clamshell-set of jaws” ripping apart a what appeared to be a prefabricated, metal building. The property owner also received a Notice of Violation on July 13, 2016 regarding a pile of 25,000 scrap tires on the lot, and neighbors have alleged little work has been done to resolve the pile. The pile has amplified the concerns about a potential forest fire. “The same discussion has come up with the Planning and Zoning Board, and now with you folks,” Caine said. “Will there be anything done about it to keep him from just violating every rule possible that he can and get away with it? He doesn’t have a way to get in and out there through the back, nor does the fire department and nor does the police. Falcon Drive is also the only road in and out of the neighborhood. “Just like it was just said, if the fire would have spread, we would have been gone. I am worried about my family, my kids and my neighbors. I wish somebody else would think about it, but apparently not, because the same discussion is going to be going on next month and the month after, as it has been for more than seven years since we have been talking to the planning board. Nothing has been done. I wish somebody would get off their chairs and do something, instead of just sitting there, nodding and agreeing with us.” The township committee, in response to questions from residents, said the cause and origin report for the fire has not yet been completed, and therefore the cause of the blaze was still unknown to the governing body. “We are waiting on the county and state fire marshals’ to give us a report,” Young said.

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(Continued from Page 3) The portion of Carranza Road that has not yet been repaved has sections of widespread potholes and ruts. Cramer told this newspaper that Tabernacle Township applied two years ago to the NJDOT to get the 2018 Municipal Aid Program grant funding of $245,000 to repave Carranza Road. He said the township intended to pave as far as it could go with that money. He said he initially proposed that three consecutive grant applications be filed to get the road repaved to the Washington Township line. “Our discussion was that Shamong Township would apply for the next one because the next section of road is a jointly-owned road between Tabernacle and Shamong,” he said. Cramer, in his office at Tabernacle Town Hall, pulled out a map and showed this newspaper how from the bend, located just south of Forked Neck and Bozarthtown roads, to about a mile and half from the Emilio Carranza Crash Monument, the road is a joint responsibility between the two townships. Tuckerton Road is another jointly-owned road between Tabernacle and Shamong. “We did this before (Tabernacle applied for the first grant, and Shamong applied for the second one), with Shamong, for Tuckerton Road, and each of us got a grant,” Cramer said. “It was their mayor’s intention to get a grant for Carranza Road and do the same thing in this case.” However, Cramer contended that Shamong recently decided it had “far more issues” on other municipal roads in their community that are more highly-traveled. The municipality, he said, decided to apply to the NJDOT for municipal aid for other roads besides Carranza “to do the most good.” The decision by Shamong to not apply to NJDOT’s Municipal Aid Program for Carranza Road has apparently stalled efforts to finish the promised project.

Fran Brooks, along with her husband, Stuart, are now requesting that Tabernacle either apply for the second grant for the Carranza Road resurfacing project, or take out a bond to get it done. “I don’t think a dime of Tabernacle’s tax dollars should go towards the Shamong Township side of the road,” said Mayor Joseph Barton. “As I said before, the folks who have a problem with Carranza Road, on the Shamong side, should take that up with Shamong. If there are potholes on their side of the road, they should be contacted and have them repaired. If there are problems on our side of the road, contact us and we will take care of our side.” Barton, however, added that he would still like to see Carranza Road repaved and that the road is in “dire need” of repaving. “But we only own half the road, we don’t own the other half of the road,” he said. “We have already taken a state grant and paved most of the road on both sides. I am sure there will be a time when we will be taken to task for not recovering the costs from Shamong Township (if we decided to pave its side of the road). If this was any other road, I am sure we (the township committee) would feel the same way.” Tabernacle Chief Financial Officer Rodney Haines said he will again approach Tabernacle’s bond attorney to see if the municipality can take out a bond for additional repaving of the road, but contended that he believed the township could not do so since another municipality’s facilities would be involved in the project. “Only half of the road is an asset of the township (of Tabernacle),” he said. “So, I look it as, ‘Will the bank give you a mortgage to build an addition on your neighbor’s house?’ Basically, the bond holders could object to the use of those funds for another town’s assets. But I will confirm it again.” Fran Brooks criticized Shamong, contending that Tabernacle “gives them all this money” and the municipality does not “pay a dime” to support the Tabernacle Rescue Squad building. “Tabernacle residents pay for Shamong

residents and all the transports,” Brooks said. Brooks also criticized Barton for having what she contended were contradictory stances on the Carranza Road project. “You are for it, but you are not supporting finishing the road,” said Brooks to the mayor as she criticized him. Cramer, in the Aug. 29 interview, told this newspaper that Shamong has been willing to apply for a NJDOT discretionary grant to repave Carranza Road “way past the Emilio Carranza Crash Monument” and Phillip M. Costello Preparatory Academy (commonly referred to as a juvenile detention center). “We met, in Shamong, with (9th Legislative District) Senator Christopher Connors and the chief of staff for (8th Legislative District) Senator Dawn Marie Addiego,” Cramer said. “They threw their support behind it. We made application and a final decision has not been rendered.” Cramer added that the NJDOT reviews discretionary grant applications, makes selections and then passes them on to the state Legislature for a final determination. Municipal aid grants, he said, are just reviewed by the NJDOT and are funded through a pot that already exists. “We applied for a discretionary grant with the NJDOT and we have not heard the last word on that grant application as of today,” said Barton during the Aug. 26 township committee meeting. After Fran Brooks told the mayor “to move off that dime”, “just finish the darn road” and get the problem behind him, and also excoriated township officials for their handling of a OPMA and OPRA matter and related ordinance (see separate story), Barton unexpectedly revived a measure that previously failed, not on the Aug. 26 meeting agenda, authorizing the submission of a NJDOT Municipal Aid Program grant application to seek improvement funding for Oakshade and Pricketts Mill roads. “You have no shame!” Fran Brooks shouted from the back of the room after a pair of measures authorizing the grant application for Oakshade and Pricketts Mill roads passed by a 2-1 vote.

Pine Barrens Tribune

♦ Page 19

“There is no shame on this committee.” Lee cast the lone dissenting vote. “The reason I voted ‘no’ tonight is I made a commitment some years ago that I would get Carranza Road repaved, and I stated publicly that I wasn’t going to vote on any more bond resolutions, or any other applications, until Carranza Road gets done. I made that statement and felt pretty strongly about that. I am a person of principle.” Lee said he recognized the work Guzzi put into the grant for Oakshade and Pricketts Mill roads, but it was the principle of the thing. Cramer, in the Aug. 29 interview with this newspaper, said that while waiting for the decision on the discretionary grant, it made no sense to township officials to put in another grant for Carranza Road. “We asked for $1.8 million to finish Carranza Road, which is a sizable amount, but it was based on the recommendation of the legislative districts’ personnel,” he said. “If we get turned down for the discretionary grant, we will modify it and I will certainly ask to reapply.” Barton, at the Aug. 26 township committee meeting, said he had asked a NJDOT official about the possibility of scaling back the discretionary grant request to see if that would perhaps provide for a better chance at getting additional funding for Carranza Road approved. “There is no maintenance of that road,” Brooks contended. “You fill the holes and within three days the holes are opened up again because it is all solid sand. It is shameful what you have done, exposing everybody to it—the liability, and also the embarrassment of it when traveling to the Carranza Memorial for the celebration. It is time to just get it done and stop applying for other roads. They can wait. They haven’t waited 35 years to have a decent road.” Cramer, in the interview with this newspaper, contended that the Tabernacle Public Works Department is “not ignoring the road” and is “not filling the potholes with sand.” “We have paved the worst part,” he said. “We repaired a pipe past where it was paved.”

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(Continued from Page 1) an ordinance appearing on the meeting’s agenda related to the consent order, and a doubt about the law regarding what constitutes a majority of the committee to pass an ordinance. By the end of the raucous meeting, after an executive session, the township’s solicitor notably sat in the audience and did not retake his seat at the committee dais, and the resident who brought suit against Tabernacle, Fran Brooks, was seen trying to talk with Mayor Joseph Barton upon adjournment after just moments earlier shouting, ‘You have no shame!,’ only to be told by him that public comment was finished for the night. The elected official then slammed his gavel in an attempt to get Brooks to retreat from the committee dais, before gathering his papers and walking out into the parking lot of Tabernacle Town Hall. According to Township Administrator Doug Cramer, in a later interview with this newspaper, Brooks, in a recent court filing against the municipality, alleged that the township committee was not releasing its executive session minutes on a timely basis. Cramer contended the states’ statutes are “vague” in defining “timely release.” “We had done it on occasion, with respect to the release of minutes, prior to last year,” he said. “In the past, it was a longer period of time before we released the minutes. There was no regular, set timeframe in the past.” The administrator said that while the township committee recently started to become “more diligent” in releasing its executive session minutes, doing so one or two times per year, when the municipality was named in the lawsuit, it began releasing them on a quarterly basis. “It became an issue for the NJFOG (New Jersey Foundation for Open Government), which wanted to establish a timeframe statewide,” Cramer contended. “It chose us to make a point.”

Brooks is a government transparency advocate and serves as secretary of the foundation. Cramer said that prior to any depositions, or the matter going to court, the township committee made an attempt to address Brooks’ concerns over the release of its executive session minutes by passing a resolution adopting a procedure for making public the minutes of closed sessions. “Resolution 2018-90 addressed this, prior to this matter going before a judge with her, in an attempt to resolve the issue,” he said. The resolution established a Township Committee Minutes Review Committee (MRC), consisting of the township administrator, township attorney and the township clerk, to periodically review the minutes of closed sessions of the township committee, and to make recommendations to the governing body which minutes should be made public. “The MRC shall meet on an as-needed basis,” the resolution states. “Meetings of the MRC shall be as scheduled, at the convenience of the MRC members by the clerk.” Despite passage of the resolution, the dispute ultimately ended in a settlement over a specific request for executive session meeting minutes that was denied. After meeting in executive session on June 24, the township committee unanimously agreed to a resolution approving the settlement of the lawsuit that Brooks specifically brought against Tabernacle, Township Clerk LaShawn Barber and Tabernacle Technical Assistant Lisa Love (Cummins) for withholding the documents related to yet another resolution adopted by the township committee regarding the placement of a trailer on an adjacent lot to where Brooks lives with her husband, Stuart Brooks. Township Solicitor Peter Lange recommended the settlement with Fran Brooks (represented by the Law Offices of Walter M. Luers, LLC) in the amount of $13,500 for counsel fees and costs. It was also ordered that Love consent to imposition of a civil penalty of $1,000 upon her personally (to be paid to the State Treasurer

of New Jersey) because she admitted that she willfully and knowingly failed to file other documents in her possession in a timely manner and thereby violated the OPRA and denied access to records. The township committee approved Love’s indemnification (holding her harmless) of all costs and penalties incurred by her in association with the settlement and resolution of all claims prosecuted in the litigation, as it was stated that her actions did not constitute actual fraud, actual malice, willful misconduct or an intentional wrongdoing. The settlement also stated that Barber would retract a written statement that characterized Fran Brook’s OPRA requests as “harassment,” and state in writing that all future OPRA requests submitted to Tabernacle do not constitute harassment. This is the ninth time that Brooks has settled with Tabernacle over OPRA or OPMA matters. The OPMA states that all meeting minutes, including executive session minutes, must be “made available to the public promptly.” OPRA, signed into law in 2001, was enacted to give the public greater access to government records maintained by public agencies. Under the act, the public was granted the right to examine or obtain copies of public records that are not subject to exceptions from disclosure, including personal, proprietary and financial information. The basis for Brooks’ lawsuit started when residents John and Krystal Hall had originally requested permission from Tabernacle on Feb. 6, 2018 to use a recreational vehicle on their property as a temporary or permanent residence, and an application for a zoning permit was received by the township on Feb. 7. On Feb. 15, Fran Brooks had submitted an OPRA request to Tabernacle. Her suit states that Barber did not provide copies of the Halls’ correspondence or application until after 45 days had elapsed. “I had filed several OPRA requests regarding documents associated with the resolution that

♦ Page 25

the township committee adopted regarding the improper placement of a trailer on a particular block and lot,” said Fran Brooks in a phone interview after the settlement agreement. “This resolution allowed this landowner to put a trailer on their property and live in it without applying for a variance, which is totally illegal. I had to sue them to stop that and I won that case against the landowner, and the township, for not enforcing their variance requirements for the trailer. “Our township is constantly in violation of the trailer requirements by adopting resolutions, which they don’t even have the authority to adopt. This is really a determination that should be made by the Land Development Board.” Fran Brooks said that her case had two components—violation of the OPMA and OPRA. The suit stated that Tabernacle Township does not make its approved meeting minutes available promptly, and withholds approved meeting minutes until the governing body passes a second resolution approving release. “They go through a double approval process for closed session minutes, which is illegal under OPMA,” she said. “When minutes are approved, they’re approved for release. You can redact unresolved issues within those closed-session minutes, but you can’t completely redact the minutes.” Fran Brooks said that closed session meeting minutes for 11 meetings, from Feb. 22, 2016 to March 26, 2018 were not provided to her within a reasonable timeframe, the latter of which included the discussion about the Hall’s trailer. The penalty portion of the case had to do with the OPRA documents that were withheld from Fran Brooks based on the trailer resolution. “If we had taken this to trial, it would have been more expensive for both sides and we thought it would be in the best interest of the taxpayers to settle,” Barton told this newspaper. “I would say that Lisa (Love) did not willfully withhold the documents in the OPRA request. See ACCESS/ Page 26

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(Continued from Page 25) She had them in her possession either on or around her desk, but they were not in the files where they should have been. When Mrs. Brooks’ request came in, the documents were not available to give. Eventually, we did find where the files were and we turned them over to comply with the request. The lawsuit came after the documents were already provided.” Fran Brooks disputed Barton’s and the committee’s view of Love. “(Love) shared an office with her supervisor (Tabernacle Construction Official) Thomas Boyd,” Fran Brooks said. “When I filed the OPRA request, (Love) admitted in deposition that she never looked for the document, which she has an obligation to do so. So, she knowingly and willfully violated OPRA. (The committee) indemnified this woman, who had the highest level of culpability, against her incompetence. A proper township would take disciplinary action against her and the construction official. It is a disgrace that Tabernacle Township is paying $1,000 for this.” During public comment at the June 24 committee meeting, Stuart Brooks also objected to Love’s indemnification. “When you were discussing the budget (approved on April 29), you added $13,000 for special OPRA assistance,” he said. “I suggested, instead, that training would be more helpful. Now you’re proposing that taxpayers pay a fine that was imposed on an employee that knowingly and willfully failed to file documents that led to an OPRA violation. This was an employee who had a pile of files going unfiled and her supervisor did nothing to correct it until after the violation. Instead, he actually nominated the employee for an award.” Love was named 2018 Technical Assistant of the Year for the State of New Jersey. “This really is a failure of management,” Stuart Brooks contended. “OPRA compliance isn’t really that hard when you treat it as a legitimate function of government. For that reason, there really should probably be disciplinary actions taken. I don’t see why taxpayers should pay this fine.” There were two additional consent orders attached to the settlement. One consent order agreed to remove text previously on Tabernacle’s website explaining that “excessive OPRA requests are very time consuming and sometimes financially drains municipal resources.” In the other consent order, Tabernacle agreed to pass the ordinance on Aug. 26 establishing a procedure to make closed-session minutes available to the public, either in redacted or unredacted form. It was also agreed that all closed session minutes approved since Jan. 1, 2017 would be placed on the township website. It was agreed that the ordinance would stipulate that the release of closed session minutes will “not be delayed by a second review or approval” by

Saturday, September 7, 2019

WWW.PINEBARRENSTRIBUNE.COM the township committee. Cramer, after the Aug. 26 meeting, told this newspaper that the agreed-to ordinance takes the place of Resolution 2018-90, which adopted a procedure for making public the minutes of closed sessions. “During meditation, Mrs. Brooks brought up that she wanted it (the content of the resolution) to be in an ordinance,” Cramer said. “The judge didn’t see how it would read differently between a resolution and an ordinance, so it became a concession in mediation. While it cost taxpayers more money, it was part of the settlement.” A resolution is good for one year, whereas a passed ordinance remains in effect until it is repealed or superseded by another law. The proposed ordinance was in fact placed on the Aug. 26 township committee meeting for a second hearing and vote for adoption. However, according to Fran Brooks and other longtime meeting observers, prior agendas never provided explanatory statements for action items. This one did. “The ordinance replaces Resolution 201890, amends Chapter II (of township code) to include Section 32 ‘Executive Session Minutes’ and creates the Minutes Review Subcommittee in a proactive attempt to ensure the prompt availability of closed session minutes to the public,” the statement read. Fran Brooks, during a public hearing on the proposed ordinance, objected to use of the word “proactive,” contributing to controversy during the latest committee meeting. “Honestly guys, I can’t believe that anybody in their right mind would write ‘proactive,’” she said. “It is far from being proactive. Maybe you wrote it Mr. Lange, maybe the clerk added it under your suggestion, or maybe Mr. Barton suggested it, but there is nothing proactive about this closed session ordinance, whatsoever, because I had to take you to court to get you to conform with the OPMA that you have been violating for years regarding closed session minutes, which cost this township, not including Mr. Lange’s bills, probably over $35,000.” Fran Brooks continued to excoriate the township committee and officials for over three minutes, at one point claiming that Lange contacted her attorney to seek his opinion on how to resolve a conflict in the ordinance, but was purportedly silent when provided with the input. She accused the township solicitor of sitting in silence in an effort to “keep his meter running.” “To be proactive, you need to stop violating OPRA and OPMA,” Fran Brooks said. “You got a consent order in front of you, you agreed to the consent order and you should take this word ‘proactive’ out of here. It is an embarrassment and you know I am going to write about it (on my Tabernacle Journal website). So, you should take a proactive role and get it out of there because you are not proactive, otherwise you wouldn’t have committed all these violations you committed for years.” Stuart Brooks then clarified that the ordinance conflict his wife was referencing had to do with the consent order, which they contended

stipulated that meetings of the subcommittee had to be held on a quarterly basis, while the ordinance, as proposed, requires that it meet on an as-needed basis. “It sure shouldn’t be adopted unless it follows the consent order,” he said. After both Brookses concluded their comments during the public hearing, Deputy Mayor Kimberly Brown asked Lange to address “Mrs. Brooks questions.” It was at this point in time that Committeeman Stephen Lee IV got out of his seat at the committee dais, put his cellphone up against his ear, and went into another room upstairs in town hall. “The court never found that the township’s practices were in violation of the OPMA or the OPRA,” Lange said. “In an effort to be conciliatory and resolve the matters, the township agreed to go-ahead and proactively pass a resolution to address it and just make it abundantly clear for future committees that this is a practice that is preferred. So, it certainly was proactive in the context of resolving the litigation.” Lange added that to his knowledge, there is no conflict between the proposed ordinance and consent order. It was at this point that Lee walked back into the committee meeting room and took his seat again. “As far as the modification that was suggested by Mr. Luers, he had indicated Paragraphs Two and 11 conflicted in that they could require the subcommittee to meet less than quarterly. What I think is missing (from that interpretation) is that Paragraph Two indicates the review committee would meet on an as needed basis, whereas what is required in Paragraph 11 is that the review committee shall review the minutes on a quarterly basis. “So, the two are logically consistent because review and meet are not the same thing. So, I am comfortable with the language not only as consistent with the consent order, but as to also not preventing any conflict in its interpretation.” Lange asked if there were any further questions and none were posed. Brown and Barton voted in favor of the proposed ordinance, while Lee voted in opposition to it. Committeemen Joseph Yates IV and Sammy Moore were absent from the Aug. 26 meeting. Barton, at the start of the meeting, said Yates was ill, while Moore was on vacation with his family in Disney World. Lange appeared visibly upset with Lee’s vote. “May I ask Mr. Lee why he voted no?” Lange asked after the 2-1 vote. Lee, who appeared to be taken aback by the question posed by Lange, replied that he didn’t hear the complete explanation in response to the questions that were raised by the Brooks. “You didn’t hear me; do you want me to repeat myself?” Lange asked. Lee told the township solicitor that he was out of the room and felt he wasn’t in a position to be able to respond to the answers the township solicitor provided. “I didn’t feel it was fair to vote on something that I wasn’t here for,” he said. “I didn’t hear the complete answer.”

Lange again said that he was happy to repeat himself. “At this point we have voted 2-1, and I voted ‘no,’” Lee said. The issue was dropped for a few minutes. However, when it came time for the township’s professionals to deliver their monthly reports to the township committee, Lange said he felt compelled to come back to the vote that had taken place on the ordinance in question because it failed to pass. His statement seemed to catch both the township clerk and committee off guard, since a majority of the committee members present for the meeting voted in favor of passing it and thought it had been approved. “We agreed by consent order to adopt that ordinance by tonight’s date,” said Lange, contending that there is no reason for the township committee to not adopt the ordinance as he and Barber take very seriously their duty to serve the public and believe in the merit of the OPMA and OPRA statutes. “Our obligations to conform with them are paramount in the way we conduct ourselves.” Lange added that he was concerned that a failure to adopt the ordinance would “spawn more litigation” and that there would be a “quick, haste motion” to enforce the consent order because the township committee did not adopt the ordinance as it represented that it would to the judge. He then asked if the township committee would revisit the vote. “It failed unexpectedly, at least from my view,” he said. “So, with that, is there any opportunity to discuss it more? Lee replied that he was “shocked” that a township professional was publicly questioning his vote. “Number one, in nine years, I don’t think I have ever been questioned publicly from anyone sitting here at the table on any of my votes on the committee,” he said. “I have always been questioned by the public on votes that I made, but never by any professionals and any colleagues up here at the table. I am a little disappointed by that this evening.” Lee contended that, secondly, he understood that the ordinance at issue had actually passed by a 2-1 vote. “It doesn’t pass because it is not a majority of the committee (voting in the affirmative),” Lange said. “That is my concern: we are in violation of the consent order.” Brown, appearing somewhat befuddled by Lange’s interpretation of the law, asked if an ordinance must be passed by “the majority of the committee present” or “majority of the committee.” “It is the majority of the committee when it comes to an ordinance,” Lange said. Brown turned to Lee and said that he has a right to vote the way he wants and then held up her cellphone and suggested that the committee call Yates or Moore. “If you need more votes, I am sure Mr. Yates and Mr. Moore can be reached by telephone,” she said to Lange. See ACCESS/ Page 27

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(Continued from Page 26) Lange, detecting Brown’s frustration with what was happening before the public, said that it was not his standard practice “to bring up these issues” and “make these issues public,” but he was concerned the vote would have unintended consequences for the town. “I would be concerned with conducting the vote in that fashion (calling them mid-meeting) because they have not participated in the meeting,” Lange said. Brown replied that considering the deadline to comply with the consent order, the township committee could have Lange revisit the entire conversation, and Barber recount the points that were made by the Brooks, to the absent committeemen. “I am sure the court would grant us more time,” Lange said. “I am not positive—but I think the court would grant us more time. But ultimately we did indicate we would pass such an ordinance and there was a deadline we agreed to.” Lee then asked Lange to explain what would have happened if he decided not to come to the Aug. 26 meeting, which would have left the committee without a required quorum to hold one. “We wouldn’t have had a meeting tonight,” Lange said. “That is true, I would have been able to explain quote, unquote, that ‘We failed to have a quorum and couldn’t take action. Again, it is not my intention to question your vote in public. I don’t do that, but again I am concerned we are going to spawn additional litigation. I don’t know if Ms. Brooks and Mr. Luers are going to be that aggressive.” Barton inquired as to whether Lange could contact the court and let it know that the fulltownship committee was not present and that the measure will be revisited at the next meeting on Sept. 9. “Sure, I can make that request,” Lange said. “It is likely that the court will be accommodating, but I have a duty to advise the local government of the challenges it (a delay) can present. I am compelled to bring it up and talk about it in case a motion comes up and I didn’t advise you of the potential consequence.” Lee said that he could have abstained on the ordinance. “That is the only thing I would have done different,” Lee said. Lee, in a Sept. 3 interview with this newspaper, said he had an emergency telephone call to take and that is why he left the meeting. “I wouldn’t have left otherwise,” he said. I have a farm and it was an emergency phone call I had to take. This was the first time I have ever done that; it was an emergency. It had nothing to do with Pete (Lange) or the discussion. Lee also said that Barton, at no time, offered an opportunity to have another vote on the ordinance after the fact. “Perhaps had he had done that, it would have been a different outcome,” he said. At no time did he provide another opportunity to have a vote after the fact. Lange, during the Aug. 26 committee meeting, said he thinks it is likely the judge will extend additional time, but that he could not be sure. “It would be inappropriate if I didn’t raise the issue,” he said. “I am sure they will recognize we are acting in good faith and it is our intention to move forward. That is what matters and we will keep it on the front burner.” While other officials delivered their monthly reports at the Aug. 26 meeting, Lange flipped through large books containing the state statutes. “I would like to interrupt you to indicate in

my review of the statutes, I don’t see anything in particular that requires a majority of the committee,” he said. “My understanding is an ordinance always had to be adopted by a majority of the committee. I will revisit this issue and conclusively answer this question under Robert’s Rules of Order to determine the effect of tonight’s vote. Certainly, my preference would be that it is adopted by a majority of the committee.” Cramer, in the Aug. 29 interview following the Aug. 26 meeting, said that he did not believe Lange had provided the township with a conclusive answer yet as to whether the ordinance had passed or not. Lee, in the Sept. 3 interview with this newspaper, said he had not talked to any officials at town hall since the meeting. Several municipal workers from throughout the Pines, familiar with the law, told this newspaper that they believed for a five-person committee, a budget ordinance required at least three committee members present to vote in the affirmative for it to pass and that a bond ordinance required at least four committee members present to vote in the affirmative for it pass. Regular ordinances, they believed, could be passed with simply the majority vote of committee members present for the action. Lange did not return calls requesting comment on this story. The township committee, on Aug. 26, convened an executive session downstairs in town hall shortly after Lange began to question his interpretation of the law. “Brooks v. Township of Tabernacle pursuant to OPRA Request 7/2/2015” was among the items listed on the closed session agenda. The session lasted a little over 15 minutes. Upon return, Lange took a seat in the front row of the public seating area, instead of returning to the dais. Barton then reconvened the open session of the township committee meeting, all while Lange clutched his carrycase, often staring down at it. He only looked up a few times during the remainder of the meeting, one of those times being when Fran Brooks excoriated officials again during public comment over not only the ordinance, but the condition of Carranza Road (see separate story). “It is shameful, it is simply shocking, the comments you made about supporting OPRA and OPMA,” said Fran Brooks, looking at Lange. “The township would go for years—and I documented it and that is why the lawsuit came about—without closed session minutes being approved. You were not advising the clerk… I have no idea whether you were advising this clerk and this committee…that they were in violation of OPMA and OPRA. So, you haven’t been doing your job!” Barton then slammed his gavel numerous times in an attempt to get Brooks to stop talking. “You need to address this committee!” Barton said. Fran Brooks replied that Lange should be “up there” (at the dais) so that she could address the township committee. “You hired him!” said Fran Brooks to Barton. “The fact of the matter is Mr. Lange is not telling the truth regarding the ordinance and I find it offensive he would take credit for an ordinance he had nothing to do with. It was our recommendation, and it was put into the consent order of which you agreed. He shouldn’t be proclaiming it is proactive. It is just shameful!” The meeting ended with Barton unexpectedly reviving a measure, not on the Aug. 26 meeting agenda, authorizing the submission of a grant application to the New Jersey Department of Transportation (NJDOT) to seek improvement funding for Oakshade and Pricketts Mill roads. Just minutes earlier, Fran Brooks asked for the township committee to seek the available

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Tabernacle Township Mayor Joseph Barton. NJDOT grant funding to finish a paving project on Carranza Road (see separate story), close to her home. “You have no shame!” Fran Brooks shouted from the back of the room after a pair of measures authorizing the grant application for Oakshade and Pricketts Mill roads passed by a 2-1 vote. “There is no shame on this committee.” Barton refused to talk with Fran Brooks after adjourning the meeting. This is when the elected official slammed his gavel in an attempt to get Brooks to retreat from the committee dais, before gathering his papers walking out into the parking lot of town hall. Brooks, in an interview with this newspaper prior to the Aug. 26 meeting, shortly after the settlement was reached, expressed remorse about again having to institute litigation against the township, as many times as she has done, but contended that the township’s problems are selfinflicted. In reference to the resolution that originally permitted the Halls to live in a trailer on their property without a variance, she accused the township committee of “serving their friends.” “They are always permitting friends of those, who sit on that township committee or staff, to ignore the township code,” she said. “If you’re not their friend or staff, you have to go for a variance.” Brooks said that she is occasionally asked by residents why she files so many OPRA requests, and why the township has had to settle with her so many times.

“People ask me why they do this over and over again and I have to answer, ‘I have no idea,’” she said. “My OPRA requests are very purposeful. They are used for posting about the ways the township abuses taxpayer money. Most of what I OPRA are conventional documents that could be put up on the township website very easily. “My requests are very direct and that is why I have won (settled) all my nine cases against them. Plus, every case I have won, they have had to pay my attorney fees. The amount of $13,500 that the township has paid out in settlement, plus the civil penalty of $1,000 for indemnification, doesn’t even include attorney fees that the township has to pay.” Barton, also in an interview with this newspaper prior to the Aug. 26 meeting, shortly after the settlement was reached, said that Fran Brooks could have gone to the state and filed a grievance instead of taking the dispute to court, but it was her right to access the records. “We did not provide them in a timely fashion,” he said. “Once we located them, they were provided. We will take corrective measures to assure that records are where they belong in the future.” Cramer, in the Aug. 29 interview with this newspaper, contended that the township clerk “tries to be very accommodating to requests” and that when someone suggests that the township improve transparency, it will “attempt to do it as possible.”

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