26 Herald & Lantern 31 October '84

Jury Slaps Sewerage Officials

(From Page 1) Lantern are publishing the presentment's complete text in today's issues. Repici was charged with connecting his Hy-Land Motor Inn on the Garden State Parkway at Hereford Avenue to the district 's sewer lines without authorization last spring. In April, the Sewerage Commission told Repici to disconnect the sixinch line to his 34-unit motel. The prosecutor's office said he would be arraigned -in a week or two." They describedr theft of services as a "fourthdegree (minor) offense with a maximum penalty of 18 months in jail and/or a $7,500 ■fine. Repici was subpoenaed as a witness during the investigation, but reportedly declined to testify before the grand jury and could not be compelled because the investigation revealed that he was. in fact, "a target." "Normally you don't ask defendants into a grand jury," said a source in the prosecutor's office. "They have a right against self-incrimination." The New Jersey Real Estate Commission said either an indictment or a conviction could cost Repici his Realtor's and broker's licenses with Avalon Real Estate's Court House office. "We would make our judgment based on the outcome of the case." said Donald Bryan, special assistant to commission director. He said licenses are revoked for conviction of certain offenses and theft of services could be one of them. The Realtor license also has a "general requirement of good moral character," Bryan said, and "an indictment or conviction bears on that question. It could depend on whether the circumstances of any conviction were related or unrelated to his real estate business." The grand jury's conclusions went to Superior Court Assignment Judge Philip A. Gruccio on Sept. 13. He read the transcripts of the testimony and gave all parties criticized by it 10 days to respond He then held a closed hearing Oct. 4 for anyone mentioned critically in the presentment. Judge Gruccio declined to identify who appeared at that hearing, but Sewerage Commission solicitor John L. Ludlam reportedly was interviewed because he had not been available during the investigation and was not questioned by the grand jury. Judge Gruccio told the Herald and Lantern that he then "edited" the presentment, "which I'm permitted to do." : It was also Gruccio's decision to make : public the presentment. I It traced the township Sewerage Commission from its formation in the late 1930s I through the controversies of last year, I pointing out that there had been almost no < sewer connections for 12 years. Then, suddenly, there were three, all of them for < properties in which Realtors William H. i Tozour Jr. and David J. Kerr held finan- i cial interests. Tozour and Kerr were not < called by the jury. The presentment said that the township t sewage treatment plant, which received t two and three times its capacity in the 1960s and 70s, was found to be below I capacity after a flow meter was repaired. a It said there was no evidence the meter r • i uiut uu cyiueuw uie meier

"was tampered with" or its readings "altered." but, it said, the commissioners should have raised questions. Instead, the presentment said, they ignored other requests for sewage connections and approved, at an unadvertised special meeting, connections for a proposed nursing home (Court House Convalescent Center — discussed elsewhere in today's issue) and a proposed subdivision (Romney East) Repici is one of the owners of land intended for both. The sewer line extension, for which he was indicted, ran to the proposed subdivision. The result, the presentment said, gave "an appearance that certain individuals received quicker attention than others and can give the wrong impression to the public of favored treatment." Reviewing its history, the presentment said that the Sewerage Commission "has not been operated in a professional or business-like manner." It found minutes "totally inadequate" and one case in which there were "two sets of minutes one ... obviously prepared mon- * ths after the meeting. Although the secretary prepared the minutes, she could not explain why there were two sets ..." It also charged that the minutes "failed to reflect compliance with the Open Public Meeting Act" and enabled commissioners "to consider public business without sub-

jecting their reasoning to public scrutiny.' It said the commission had no procedure for acceptance and review of sewer con nection applications and that, in fact, "the secretary, after a phone call to Michael Vistenzo, either approved or rejected ..." It said a commission policy of giving new hookups for old at the same site made no consideration of sewage flow and was "improper and ill-advised." The grand jury found a sewage rate structure with "no guidelines or procedures" other than "guesswork and common sense." But, the presentment said. "Michael Vistenzo admitted that the free structure does not make sense ..." It also said there were "serious questions" regarding Vistenzo's searS^t capacity figures and charged his "K&E plant story (that its closing in 1980 made more capacity available) is far-fetchea and unsupported." And it said" for the commissioners to "blindly accept Michael Vistenzo ... was irresponsible" and "an exercise of poor judgment." The grand jury said it was "disturbed' at the way the commission approved a sewer extension to Romney East and also because "no public official was aware or the illegal hookup of the Hy-Land Motor Inn until four months later (although) the evidence indicates that it was clearly visible ..." "Michael Vistenzo lives only 3-4 blocks away," the presentment said. The grand jury said Middle Committeeman James Alexis questioned Vistenzo about the apparent hookup, but Vistenzo took no action and "attempted to deny any knowledge of the incident until he reac about it in the newspapers." "Such behavior and attitude may nurture an unnecessary belief by the public that a public official has something to hide or that he does not take his duties and responsibilities seriously." the presentment said. The grand jury said Vistenzo holds too many positions in Middle — construction official, zoning officer, flood hazard officer. Planning Board, advising the Zoning Board of Adjustment, and Sewerage Commissioner — and recommended thai township officials "... distribute the various functions and responsibilities to other individuals." The grand jury also questioned Vistenzo's "personal dealings" with Repici. using him to sell a lot and to list for sale his (Vistenzo's) home (assessed at $48,500 and listed for sale at $128.500 ) at the time Vistenzo was doing official with Repici. , The presentment criticized Mayor Voll for approving the Romney East sewer extension "without being informed about the details ..." Voll, ironically, had been among those calling for the grand jury probe. He issued news release at the time calling the commission members "outstanding citizens of township." Voll told the Herald and Lantern Mooday that he was "extremely pleased with the efforts of the grand jury," but "disturbed that I was criticized." He said he simply signed a letter "handed to me by subordinate (Vistenzo) and I depend on subordinates to give me proper information." iiuurmauon.

He said he will ask Vistenzo to resign from the Sewerage Commission because "the township ... has burdened too much on his shoulders and he needs more help in j this area. I guess when you have too many things, you just can't get 'em ail right," \ Voll reflected. The commission decided last week to hold its elections Jan. 26. State regulations , called for an election last January for five , instead of three members but the commission said it didn't find out in time. , Two of its current members were | elected in 1965 and one in 1957 with only one ^ voter present on both occasions — as near , as anyone can recall. I Sidewalk Hassle \ DIAMOND BEACH - Developer Robert Ciampitti, who was cited for con- . tempt of court in August for filling in wetlands along Park Boulevard, faces ( another contempt citation being pressed , ' by the U.S. Army Corps of Engineers. It , claims ciampitti laid sidewalks on Rochester and Memphis avenues. The motion will be heard in district court in s Camden. The developer maintains he has # a deed issued by the state 77 years ago h which gives" him the right to dredge and v fill in the Lower Township resort area. s

" Xialao Senior Bowling Lragur Standings John's Hookers 8-4 Oysters 10-2 Hotshot* (rC Terns J-7 Polly* Denis 4-8 Winner* 8-4 Dolphins 4-8 Sandpipers 4-8 Mets 7-5 Sea Gulls 7-5 Beach Comber* 4-8 Striker* 5-7 Women's: High Single. P McGrath. 190. High Series, J Riley. 463. High Average. J Riley 143 Mens High Single, D Ford, 210. High Series. L Hart. 60S. High Average. D Ford 181

Campaign to Push Sale of N.J. Fish "

TRENTON - The Department of Agriculture will launch an aggressive marketing campaign for New Jersey-landed fish and seafood, state1* agriculture secretary ' Ar- * thur R. Brown Jr. has announced, * A $100,000 appropriation from the state legislature will permit the Department's fisheries development office to expand its ongoing promotional effort to include greater trade show participation, promotional literature, and publication of an industry newsletter. "Our aim is to increase consumer awareness of and demand for NewJersey fish and seafood," said Brown. "It's one of our freshest and most abundant commodities, but many people aren't aware of.its variety or quality." Thousands of pounds of so-called underutilized

species — red hake, Atlantic mackerel and whiting, for example — go unharvested for lack of consumer demand, said l Brown. Such fish products, ' found in abundance off the New Jersey coast, could 4 benefit from strong marketing efforts. "They taste great, they're fresh and they're available. People just need to find out about them and try them," said Brown The program will attempt to generate greater interest from food industry executives while the newsletter will help inform the state's $500 million industry. "Fishermen are indepen dent businessmen that could benefit from knowing about what-is happening at the governmental and legislative levels," said Nils Stolpe, fisheries coordinator for the department.

Is it 'Go ' for Nursing Home?

(From Page 1) The project appeared moribund after plans to connect the proposed nursing home to the Middle Township Sewage Treatment Plant fell through this summer. As late as early August, Mayer said he didn't know what could be done. But a CAFRA (Coastal Area Facilities Review Act) permit came Oct. 17, Vistenzo issued the building permit, and closing of the land sale went through Thursday COURT HOUSE ASSOCIATES* paid $235,000 for 2.5 acres of land from Holly Associates, formerly Magnolia Associates. Magnolia paid $167,000 for eight acres on Magnolia Drive in June of 1983. Magnolia originally included Court House ^Realtor Thomas J, Repici. Court House attorney Frederick W. Schmidt Jr.. former MUA chairman John Vinci, and Avalon Realtors William H. Tozour Jr. and David J. Kerr. They bought out Vinci, this year creating Holly Associates, after he was indicted for alleged kickbacks as MUA chairman. County grand jurors indicted Repici for theft of services Monday in connection with an unrelated Middle Township sewerage matter (see page one story). Court House Associated also is leasing about 14.000 square feet for septic fields from Holly for "a couple hundred dollars a month," according to Mayer. That lease runs until Sept. l, 1988, according to Benjamin Miller, Mayer's partner by which time they hope to be able to connect to a county regional sewage treatment system. If not. Miller said, the lease provides that Court House Associates will buy the additional land. QUESTIONS ABOUT leasing for septic beds abound. "We are curiousjfjhe.... Jeasing of the ground for -the systems is an adequate solution to the provisions of on-site disposal," Clay C. Sutton Jr., Health Department environmental program administrator, wrote Aug. 31, in a letter to county Planning Director Elwood Jarmer "And (we) question whether eventual ending of the lease could leave the convalescent center without sewerage facilities " "It is questionable whether there will be (sewage tratment plant), capacity by the time we get that 7-Mile-Middle Regional Treatment Plant," Jarmer told the Herald and Lantern this week. "This could create some problems down the road that the Health Department and township should make sure are properly addressed. Septic systems can overflowSeptic systems can smell not so nice. If I were going to lease land to somebody else to put a septic system on it, I'm not so sure that would be a good arrangement. We didn't think it was the best situation for a thing that is not necessarily JARMER SAID the lease arrangement "implied that everybody is looking at the septic system as a temporary solution and the applicant is saying 'Why should we to buy land?' and the seller doesn't* want to sell land which could be used for something else later on."

Holly Associates reportedly has the remaining 5.5 acres in mind for an office complex. The proposed nursing home will be located on Magnolia Drive with a main entrance 300-feet west of a drive to McDonald's and the rear of the Court House Post Office. There would be a rear entrance from behind the post office. Land for the septic beds is west of the building The home is directly across from the Jamesway Shopping Center, which has had considerable trouble with its septic system. ^ SUTTON'S AUGUST 31 letter said the Health Department "remains concerned regarding the history of septic system failure in the vicinity. Specifically, we feel that the compact design of the site may not allow for replacement systems to be installed in the event of future septic system failure." And Fredric L. Reuss, senior mechanical engineer for the state Health Department, wrote the home's architect, Barry Brommer, on Oct. 15 that the project "does not address the concern of this office in regard to the location of perforated storm sewage piping adjacent to the sewage disposal beds. Site contour indicates potential effluent runoff into the storm sewage system. As you know, this matter has been presented to and is in the hands of Mr. Charles Adelizzi, sanitary' inspector, Cape May County Health Department, and it will be the responsibility of your office to incorporate and coordinate all site chaqges so required by those involved regarding the matter." Miller, in a letter to Adelizzi Oct. 11, said that "the problems of leasing property for wi-«ite disposal and the problem of anticipation of solutions to public sewer availability" were considered and approved by counsel for the New Jersey Economic Development Authority (EDA). Mayer pointed out to the Herald and Lantern that EDA had given its approval for this "quasi-public project," being financed by $5.1 million in tax-free bonds THIS IS MAYER'S fourth New Jersey nursing home financed via EDA, and the sec°nd in Cape May County. "Hie other one is Eastern Shores Nursing Home in Swainton, opened in September 1983 and already filled. It also was purchased through Realtor Repici. It was the Realtor-client relationship from that purchase that led to this second location although Mayer has said several • Umes that he was told the site had piblic water and sewage. i • "If I'd been told there was no (ptiblit) sewage capacity, I would have stopped immediately. By the time I found out, Iliad too much money into it to walk away from it, he explained. Mayer and Miller told the Herald and Lantern this week that they hope to finish the nursing home by next August and open it next September. It is to include a 27-patient "adult medical day-care center" and employ about 100 people.