Letter: Trinity Hall and the Township of Middletown

Dear Editor:

I have one simple question. What is the Township of Middletown's position on the proposed Trinity Hall development in Chapel Hill? When questioned on the issue in the past, the Township Committee told residents that the approval or denial of the proposed development’s application is solely the Township Planning Board’s decision.

On June 11, 2014, the Township Planning Board voted 6-3 to deny Trinity Hall's application. Shortly after the application was denied, Trinity Hall filed a law suit against Middletown Township seeking relief of the Planning Board’s decision. One would think that based on the previous statements made by the Township Committee, Middletown and the Township Attorney would vehemently defend the Township Planning Board’s decision. Unfortunately, this does not seem to be the case. This past Friday upon the Superior Court of New Jersey’s ruling on Trinity Hall’s lawsuit, a letter that Middletown Township Attorney, Brian Nelson, wrote to the presiding judge was made public. Based on this letter it appears Mr. Nelson contradicts the position of the Township Planning Board’s decision to deny the Trinity Hall application and it appears that he and the Township Committee side with Trinity Hall by recommending that the Court grant the school’s request to reverse the Planning Board’s decision and approve the application without remand to the Planning Board.

Is it not the responsibility of the township’s governing body to protect the interests of its residents above all else? After reading Mr. Nelson’s letter, all Middletown residents should be asking themselves who is our Township Attorney really working for and what is the Township Committee’s position on the proposed Trinity Hall development in Chapel Hill?

Sincerely,

Jeffrey P. Yachmetz
Concerned Resident of Middletown

APP Feature Letter: Christie cronyism extends to municipal level as well

The following letter appeared today in the Asbury Park Press. It should be of particular interest to Middletown residents, it does bring up a few questions about some of "Christie's Team" members have been entrusted to run our town:

Thanks to the Asbury Park Press for reporting the many ways in which “Friends profit from Christie connections,” in its aptly titled March 9 article. Fortunately for Gov. Chris Christie’s allies, the cronyism has made its way to the local level, too. 

In 2010, Christie appointed his friend and fellow Republican Gerald Scharfenberger, a sitting member of the Middletown Township Committee, to the position of director of the state Office for Planning Advocacy at a starting salary of $95,000. 

Scharfenberger, who today remains both a local elected official and a state-appointed official — the kind of conflict Christie vowed to address when he took office — “gave back” by throwing a gubernatorial fundraiser at his palatial new Middletown residence last year. 

In 2012, Scharfenberger and the all-Republican Middletown Township Committee, including then-Mayor Anthony Fiore, backed the governor’s choice of AshBritt for storm cleanup, a contract mired in political backscratching that was twice the price it should have been. AshBritt made nearly $15 million in Middletown alone. 

Add to the well-connected list Middletown township attorney Brian Nelson, a member of Christie’s 2009 transition team who was appointed in 2011 to the board of the state’s powerful Economic Development Authority. 

The EDA decided it was OK for taxpayers to fork out an extra $2.2 million for a tourism campaign featuring the governor himself. It would be nice to know how Nelson voted in that scandal, but, alas, someone decided to black out the names of the scorekeepers.
Hopefully, taxpayers are keeping score, too. 

Paul J. Jansen
MIDDLETOWN

Pallone was expert debate prep for Menendez, Nelson Not So Much

Sen. Robert Menendez (D-N.J.) may want to send a thank-you note to Rep. Frank Pallone (D-6th Dist.) for help with his performance at Thursday night’s debate. The Auditor was told Pallone played the role of Menendez’s challenger, state Sen. Joe Kyrillos (R-Monmouth), in several prep sessions.

The selection of Pallone made a lot of sense, since both Pallone and Kyrillos live in Monmouth County, and the two squared off in a 1992 congressional race that Kyrillos lost by 10 percentage points.

The decision paid dividends for Menendez, who appeared confident and well-versed on the issues. Asked who was more difficult, Kyrillos or Pallone, Menendez’s campaign manager, Michael Soliman, offered a one-word answer: Pallone. 

Brian Nelson, a Republican operative, stood in for Menendez in Kyrillos’ practice sessions. Not to be outsniped, Meaghan Cronin, a spokeswoman for Kyrillos, said Nelson “was much better than Menendez turned out to be.”  - The Auditor/Star-Ledger

Kudos to Congressman Frank Pallone for doing such a superb job preparing Sen. Menendez to debate Joe Kyrillos last week. All the pundants agree, Menendez won the debate handily with little effort.

Which is more than can be said about Middletown's "Little Napoleon" and the unelected 6th member of the Township Committee, Brian Nelson. Nelson stood in for Menendez as he helped prep Joe Kyrillos for the debate.

For the next debate, Kyrillos might want to find someone else for his debate prep.

Some Answers To My iPad Questions Received, Some Remain

I have finally received some answers to my inquiries concerning Middletown's purchase of iPads for members of the township governing body and I have Mr. Robert Superti to thank! I haven't been able to get down to Town Hall myself these past few weeks due to my work and home schedule in order to ask these questions myself, so I appreciate that Mr. Superti was concerned about this issue and  took the initiative to ask them himself.

Mr. Superti attended the February 21st Township Committee meeting and asked members of the governing body the initial 9 questions that I had sent to the  Assistant Township Adminmistrator James VanNest via email back on February 7th and received no reply to.

It is obvious from the responses that Mr. Superti received that the Township Clerk Heidi Brunt, mayor Tony Fiore and Township Attorney Brian Nelson and a comment made by Gerry Scharfenberger at the end, that they had all reviewed my questions and had answers ready to those questions as well as a couple of questions that Mr. Superti didn't ask, such as, did former committee member Pam Brightbill receive an iPad and return it after she step down from the Committee? The answer was yes.

And I would suppose that Scharfenberger's heads-up to Fiore to address the cost analysis  between the iPad vs paper study was a refernce to my asking in a follow-up email to have the study sent to me via email to review (which, by the way was never sent).

Here are my questions that Mr. Superti asked with the responses that he recieved in red. You can also listen to the audio of Mr. Superti asking these questions and listen to hear how they were answered by playing the recording below:

How many iPads have been purchased by the township and who specifically has been issued them? 6 iPads were purchased by the Township.

What was the purchase price of these iPads? Each iPad cost $625.

Was the purchase price for these iPads discounted in anyway, if so by how much? Yes, but no one knew by how much.

Who were these iPads purchased from; Did they come directly from Apple Inc. or an authorized Apple vendor (please name)? The iPads were purchased via a government contract through Computer Direct Warehouse (www.cdw.com).

 Are these iPads considered township property ? Yes, they are.

Can they to be used by individuals for personal use (take and store photos, download music or games, ect...)? Yes, they can.

What happens to these iPads if Township Committee members step down from office or not relected or if a town manager leaves the employment of the township? They are Township property and are to be returned. It was stated that Pam Brightbill returned the iPad issued to her.

Did the Township purchase any kind of internet access plan over and above the purchase price of the iPads that would enable idividuals to access the internet if WiFi access is not availible to the users? Yes, the Township purchased an internet access plan but did not know how much it costs each month.

Is Town Hall wired for Wi-Fi? If so, does the public have access to the Wi-Fi network at Town Hall if they bring their own laptops, iPads or other type of smart device to a meeting at Town Hall? Yes, Town Hall is wired for Wi-Fi but the public does not have access to it becuase Town Hall is a government building and they are afraid that the public may get access to sensitive government information. 

Again, I want to thank Mr. Superti for asking these questions, it is unfortunate however that he had to ask them, it would have been very simple just to respond to my intial inquiry. Instead those that run the township decided be defensive and remain silent until someone asked them directly about the purchase of these iPads. It makes it seem as if those  that make up Middletown's governing body are paranoid and have something to hide.

After all, they are the ones that issued the press release touting the purchase of these iPads as money savers. They had to have known that people would question the purchase of these things when there are cheaper alternative available that would  serve the same purpose.

After listening to the above audio, I do have a few follow-up question that I would like to ask for the purpose of clearifying a few answers given to the questions. I hope to be able to make it down to Town Hall one day this week to do that.

It's Your Town - Newsletter Volume 4, Issue 2-1/17/12

Here is another edition of the It's Your Town newsletter, it covers the January 17th, 2012 Middletown Township Committee meeting. As readers of the blog know from listening to audio clips posted last week, this meeting was very eventful.

A a late notice stating that the Township will not open the Swim & Tennis Club this year was posted to the Township's website on Friday 13th, heading into the long Martin Luther King 3-day holiday weekend and apparently, from the sentiment of the members present at the meeting, they weren't informed previously of the dire financial situation of the Swim Club, over two dozen people voiced their concerns to the Township Committee.

There were a few Swim Club members who questioned the expenses incurred by the Township on behalf of the Middletown Arts Center (MAC) in relation to those incurred to operate the Swim Club. They were told by Mayor Fiore and Township Attorney Brian Nelson, that the MAC was on the way towards profitability and that the utility expenses were down dramatically to only $30 to $40K per year! Attached to the newsletter are the actual figures for the past five years so you can determine for yourself what is accurate.

Regardless, when the Club closes, all Middletown residents will be responsible for repaying the original bond used to purchase the Club instead of the member fees stated in the Pool Club ordinance.

Read this edition of the newsletter ....Here

And if you would like to listen to the companion audio clips from the meeting, I have them below

Committee comments #1

Committee comments #2

What about the kids?

Tom Wilkens comments



As always, if you wish to subscribe to the newsletter and receive in your inbox send a request to itsourtown@yahoo.com

More Audio From Tuesday Night's Township Committee Meeting; Swim Club Members Want Answers

Here is some more audio from Tuesday night's public comments portion of the Middletown Township Committee meeting where members of the Middletown Swim and Tennis Club spoke in front of the Township Committee and wanted answers as to why they were never informed by the Township that the Club was losing money and that it will be closed this year.

Notice once again Township Attorney Brian Nelson answering questions for the Township Committee at ~6:30 into the clip and again towards the end of this 13 minute sound bite. Why does the Township Attorney need to answer financial questions about the Swim Club and not the Township Administrator, Township CFO or the elected officials that sit on the dais? Listen towards the end where he repeatedly states "we...,we..., we...". It's infuriating.

Perfect Timing As Latest Robo-Call Counters RedBankGreen Fluff Piece On Bamm Hollow Development

Earlier today I was surfing my favorite website and found a fluff piece on RedBankGreen.com concerning some old news about the redevelopment of the Bamm Hollow Country Club in Lincroft. I was going to post about it but I got dragged away until now, which as circumstances will have it was a good thing, because an hour or so later after reading how Township "OFFICIALS TOUT BAMM HOLLOW OPEN SPACE", the telephone rang.

On the other end of the phone was another robo-call issued by the group calling themselves "Concerned Citizens of Middletown". It stated how the addition of 500 homes in and around Lincroft is will be eroding the quality of life of residents in Middletown.

I copied the message off of my answering machine and have it posted below, along with a transcript for anyone interested in hearing it.

It must have been a slow news day for Dustin Racioppi and the RedBankGreen, as I said the story is old and is reporting on what was said in May when the court case was settled.

Middletown, as Township Attorney Brian Nelson (how come Township Administrator Tony Mercantante or Assistant Administrator James Van Nest didn't talk to RBG about this?) would like everyone to believe, did not win big.

Bam Hollow was originally zoned for 50 homes. The original proposal was to increase it to 200 homes. The Plannig Board said no and Bamm Hollow sued for 1,200. The Township setteld for 190. So who actually won big time here?

Brian Nelson and friends were not going to win the lawsuit, which is why they settled. They spent hundreds of thousands of dollars fighting it, so it is apparent who won big time. The lawyers hired by the Township to fight a losing battle. the open space would have been there
regardless.

(Concerned Citizens Robo-Call #6: Eroding the Quality Of Life)


Have you heard the quality of life in Middletown, according to Money Magazine, has dropped 39% during the past four years?

Poor planning and dense re-zoning by Middletown politicians led to approval for over 500 new homes in Lincroft and Bamm Hollow.

Increased density will further erode our declining quality of life, and compete with homeowner’s unable to sell their homes in this dismal economy.

It’s time to clean house and throw-out incumbent politicians.

(Paid for by Concerned Citizens of Middletown)

The Independent: Mid’town methadone clinic has neighbors up in arms Twp. attorney: Facility is permitted use in business zone

I was a little surprised to see that the Independent has chimed in already on the methadone clinic in Middletown. Usually due to the nature of it's weekly publication it lags behind a week or so of the currentness cycle.

I wont bore you with the analysis, the article is a straight forward rendition of the events of Monday night's Middletown Township Committee meeting so I'll just post a few quotes below from it and let you guys be the judge by leaving comments if you wish:

Middletown residents packed town hall on June 20 and demanded that the township revoke the certificate of occupancy (CO) of a methadone clinic, which has been legally operating near Apple Farm Road for several months.

The clinic, Middletown Medical, located on Route 35, which, according to its website, counsels opiate addicts and dispenses methadone to wean them off their dependence, has residents fearing for the integrity of their neighborhood.

“The location of the clinic jeopardizes our safety, the safety of our homes and most importantly, the safety of those who actively walk, run, drive or play in our neighborhood,” resident Diane Mullaney said at the Township Committee meeting.

Mullaney said that the clinic is near a school bus stop, senior center and the neighborhood’s only entrance and exit road. “Ultimately, the township neglected to keep the best interest of our neighborhood in their decision,” she said....

“The [state’s] municipal land use law … was amended a decade ago to specifically designate methadone clinics as business uses, allowing municipalities to only ban them from residential zones,” Township Attorney Brian Nelson advised.

Because the clinic is located on Route 35 in a business district, this law stifles any legal recourse from the township, Nelson said.

“Neither the mayor nor the governing body members were particularly pleased with this answer,” Nelson said.

“If you’re asking for us to pull the CO, which is what it sounds like you’re asking, we can’t legally do it,” Mayor Anthony Fiore said to residents.


“If you’re asking to put the township at risk for amajor lawsuit to do so, I don’t think that’s our fiduciary responsibility when we’re told by legal counsel that we won’t win.”...

“Nobody other than the zoning officer and code officials receive notice of these CO’s.”

Mercantante said that similar transfers happen every day.

“No member of this committee, including myself, had any knowledge that this facility was a methadone clinic,” Fiore said....

“I don’t want this business in Middletown, and I don’t think anyone else wants this business in Middletown. However, Route 35 is a state highway and it is a state business zone,” Fiore said.

“None of the committee is happy about this; in a best-case scenario, it’s terrible,” said Committeeman Steven Massell....

“We can control everything with respect to making sure that they are operating in a legal fashion and that they’re not going to cause those quality-of-life issues that you mention,” Fiore said.

“That’s our job. That’s our priority as a township committee, and we will do that.”...

Fiore said that the township also relies on the vigilance of neighborhood residents to help police.

“This is a huge township. You’re the eyes and ears, and if you see something there, we need to know about it,” he said.

Middletown Still Kicking Around Shadow Lake Political Football

I was glad to hear after last week's Middletown Township Workshop meeting that nearly $2.7M maybe freed up soon by the state, for the long talked about Shadow Lake dredging project.

According to what I had been told of the meeting and a subsequent article posted on MiddletownPatch.com it seems that Middletown resident and NJ State Senator Joe Kyrillos (R-13) found a way to partially fund the estimated $4+M dredging project by co-sponsoring legislation that will provide funding through the state's Environmental Infrastructure Trust (EIT) fund.

The legislation that originally created the Environmental Infrastructure Trust fund was intended to provide special financing, in the form of a low-interest loans to companies and municipalities looking to clean up environmentally contaminated "Brownfields" in order to return them to tax rolls.

Kyrillos's bill that would provide funding for Middletown under the EIT, still needs to be voted on by the full Senate before moving onto the Assembly for approval and signature of the governor, which is not a given. I wouldn't exactly call Shadow Lake an environmental "brownfield" that needs to be cleaned up so it can be returned to the tax rolls.

But what disturbs me here is the fact that Middletown Republicans are still playing the equivalent of political football with this issue and sending mixed messages with the intent on blaming state and local Democrats for delaying the dredging of the lake and contributing to it's skyrocketing cost.

Officials ran into a project roadblock when the NJ Department of Environmental Protection (DEP) made it clear that, when removed, any dredge spoils gleaned from the lake would have to be transported to a safe, licensed off-site location, dried out and then taken to a legal dumping ground, Middletown Mayor Tony Fiore said.

Township Attorney Brian Nelson had said that where the township had no luck with the last administration’s state DEP officials, the new DEP principals seem more receptive. The township governing body is all-Republican, as is the Christie-appointed administration.

“We can’t do anything without permits,” he had said a couple of months ago at a Township Committee meeting. “But the DEP is working with us much better than it formerly did. Before it was clear they were not giving us permits.”

Now, knowing that the funds are being secured, Mayor Fiore said that the next step would be to go out to bid for the project.

“Thanks to the efforts of Senator Kyrillos the residents of the communities surrounding Shadow Lake can rest easier knowing that a project more than a decade in the making is nearing reality,” said Fiore. “In addition to the senator’s efforts in helping secure financing for this project, he has assisted the township with the DEP to find a qualified site outside of Middletown for disposal of the dredge spoils.”

It wasn't Democrats that said this project was going to be an easy slam dunk just before the 2007 election and how it wasn't going to cost residents a single dime (but proposed bonding for it) because local college students would perform surveys of the lake and other services for the township for free. And that the rest of the cost for the dredging would come from grants or planned to have the arsenic, heavy metal and carcinogenic contaminated spoils buried within Stephenson Park without proper permits from the NJ DEP. It was Gerry Scharfenberger and the rest of the Middletown Republicans who were attempting to secure last minute vote from residents who live around Shadow Lake by proposing such a plan.

Local Democrats want to see Shadow Lake restored but want it done smartly, cost efficiently and with in the law. The last thing Democrats or residents want is to clean up a lake only to create an environmental hazard somewhere else, namely Stephenson Park.

The NJ DEP was right not to issue permits for that and insisting that the dredged spoils be carted to a properly secured landfill.

And the following comment left on the MiddletownPatch article by a Mr. Dave Venture seems to agree:

Coming from someone who is an environmental professional who grew up on Shadow Lake and lived there for 22 years and still fish it weekly, I can tell you this issue has been twisted and misused by various media groups as well as private landowners on the lake . The lake has become naturally shallower in some areas which is normal succession for a man-made lake. The problem of increased vegetation is in large part not due to the depth of the lake. The lake is surrounded by residential development and Shadow Lake Village all of which contribute tremendous amounts of nutrient runoff to the lake in the way of fertilizers etc. The lake also sits in an area that was all farmland until the middle part of the 20th century. The groundwater may still be pumping nutrients from the historic farms into the lake contributing to the eutrophic environment. This is very similar to what is happening on a much larger scale in Barnegat Bay. The issue of depth of the lake and water quality/aquatic vegetation are two separate issues that have been blurred. If the goal is to make the lake deeper than I agree dredging is the only option. If the issue as they have proclaimed is to decrease the aquatic vegetation then dredging is not a cost-effective or ecologically sound solution. Green stormwater infrastructure and practices must be instituted to prevent the runoff that is making the lake an overly enriched ecosystem. State the goals clearly before dumping 4mil into a project.

So it's about time now for Middletown's "non- partisan" Township Attorney Brian Nelson and other finger pointers to point the finger at themselves. Too often Nelson acts like he is the 6th member of the Township Committee and gives bad, partisan advice that cost the town tens of thousands of dollars in legal fees because he has a vested interest Republicans maintaining control in town and it's about time members of the Township Committee stop taking his poor advice.

Heard It In The Hallways....

Last week when an anonymous poster left a tidbit of information in the comments section for the post "Middletown Tax Assessor To Receive $15K "Bonus" Under New Salary Ordinance", referring to Middletown Township Administrator Tony Mercantante being offered a job in Trenton by the Christie Administration, I found it hard to believe. I didn’t think it was plausible that the guy would leave a nice cushy position in Middletown making over $125,000 a year, to take a less stable, patronage job that wouldn’t pay him anywhere near what he is currently being paid. But I kept it in the back of my mind and started to ask around. What I was told surprised me, but after it was explained I could understand it.

The person that I talked with did not want their name mentioned, but as a Township employee they can be found very often around Town Hall. This person told me that Tony Mercantante was indeed offered a job down in Trenton, somewhere within the State Planning Office and he will be leaving Middletown for his new gig sometime in May.

When I questioned the person why Mercantante would leave Middletown, they explained it thusly:

The late Judy Stanley, who was often referred to as the Queen of Middletown, was very fond of Mercantante and acted as a mentor to him for many years. She was instrumental in Mercantante’s rise through the system. It was Stanley that brought Mercantante back to Middletown as a planner after a few years absence working out of state and it was her idea to promote him from his Township planning job to his current position as Township Administrator, when Bob Czech left that position in order to become Monmouth County Administrator a few years back.

Once Judy Stanley placed Tony Mercantante into the position as the Township Administrator, it became evident to some that he was in over his head. They thought that he had a problem with telling the truth, as in, being to honest when some one asked a question, while others thought that he was (is) a bungler who causes more problems than what he solves.

Allegedly, 3 out of the 5 currently sitting Township Committee people can’t stand him and have been making it extremely uncomfortable for Mercantante to do his job. As a result, it’s often hard to get a straight answer out of him. And on top of it all, Mercantante has to deal with a Township Attorney who has a Napoleon Complex and who also happens to be the #2 Republican in Middletown, Brian Nelson, on almost every decision, every day (that alone would be enough for me to seek out new employment).

So, as a result of all this, I was told that the powers that be, seeing that things have not been working out to their liking for sometime now, have worked out a face-saving arrangement for Tony Mercantante to leave his position as Township Administrator, for a job with the Christie Administration in Trenton.

If this turns out to be true, and I have no doubt about the person who passed along this information, than I want to wish Tony Mercantante well in his new position down in Trenton. I’ve personally never had a problem with him he has always been personable with me on the few occasions that we have talked. He probably deserves better than what he is getting, I always thought that he was on top of things, but then again since when have I thought anything that meant a damn to those that run Middletown anyway.

Good luck Tony, your going to need it now more than ever.

Township Makes New And Improved Request Of $500K To Library

Instead of the over inflated request of $1.2 million that the Middletown Township Committee wants to steal from the Middletown Library, local officials have now made a new and improved request to the library for only $500,000 of its reserved funds according to an article online this morning over at the Asbury Park Press.

What strikes me about this article is that Township Attorney Brian Nelson, who is not an elected official but somehow seems to think he is very often, is out in front of this without he lead quote " This is our official request". Where is the mayor or deputy mayor on this; Why no word from them?

The other quote that sticks out is from Township Administrator Tony Mercantante, "Both sides could sue each other, and we'd end up in court for three years, but no one wants that."

This to me seems like an ill disguised vile threat if you ask me, especially if you add it to other inflammatory remarks already made by those who represent the township that threatened to change the composition of the Library's Board of Trustees by not reappointing current trustees and by adding more trustees that would be more sympathetic to the Township's wishes, along with handing the Middletown Library over to the County to run.

The article also reiterates what I have been reminding people of since the February 16th Library Board meeting, which is that this request will not save the jobs of the 26 employees already scheduled to be laid off:

Township officials have said they need the money to avoid laying off more than the 26 positions that are already part of a plan it submitted to the state Civil Service Commission last month. Included in the layoff plan are 10 township police department and 13 parks and recreation department positions.

So now the Township feels that the ball is in the hands of the Library's Board of Trustees at this point, Wednesday night is the next scheduled Library Board meeting and the Township expects an answer to their request.

The last I heard the Library Board was unwilling to give the Township much more than ~$250K, which is what they feel the library is obligated, by state law to return.

I guess we'll have to wait and see what happens Wednesday night.

Read the article >>> Here

Can Someone From Middletown Call Someone From Brick To find Out How A Special Budget Referendum Is Supposed To Work?

During the February 16th Library Board meeting, someone asked about the possibility of Middletown exceeding the new State mandated 2% cap on budgets and the possibility of placing a budget referendum question on the ballot that would allow voters to authorize exceeding the cap if they thought it was necessary to retain services.

The question was answered by Township Administrator Tony Mercantante and the goon that acts as Township Attorney Brian Neslon. They answered that Middletown had no intention whatsoever in exceed the 2% cap and even if they did there was no mechanism in place that they knew of, that would guide them towards how a special budget referendum would be putting place or carried out.

Mercantante stated something to the fact that, like most of what the law makers in Trenton do, they passed a provision with no guidance on how to carry it out or how to finance it. Mercantante and Nelson were both adamant that Middletown was not going to spend one dime to carry out a special election just so that voters can approve or disapprove a proposed budget, without funding from the State.

Fast forward now to Wednesday when it was reported in the Asbury Park Press that Township of Brick is planning to hold a special budget referendum to exceed the State mandated 2% cap. At stake are the jobs 172 employees that would include 29 police officers and 117 members o the public works department.

Now the article didn't mention when or how the special budget question was going to happen, but it is a good bet that the question will be posted on the ballot of the next set of elections coming up, which would be the school board election in April.

Contrary to popular beliefs in Middletown, it doesn't take a rocket scientist to figure this stuff out. I believe this is why Governor Christie and those in the State Legislature have told municipal leaders that their budgets need to be submitted to the State by mid March, so if there is a need for a special referendum it could be without the need for a special election or any extra costs associated with it.

It would just be nice to get a straight answer out of people that represent Middletown for a change, without it being turned into a big political name calling game.

So can someone from Mercantante's office call down to Brick and ask someone in the Mayor's office down there, the details on how a special election would work to exceed the budget cap if ever needed?

Arrogance Prevails In Audio Of Library Director's Address In Front Of Middletown Committee

It's been almost week now since the last Middletown Township Committee meeting took place and the controversy over reserved library funds have not died down, if anything as the calendar gets closer to March 15th and the Middletown Township Committee needs to produce a proposed budget to the State, the rhetoric could heat up even more than it already has.

As I stated in an earlier post, during public comments at last weeks Township Committee meeting, Library Director Susan O'Neal, spoke about the virtues of the library and attempted to talk about the perceived surplus funds that the Township insists are available for it's taking, but when she was badgered and talked down to rather arrogantly by appointed mayor Tony Fiore, she ended the discussion and sat down.

Fiore was waving in the air a piece of paper that he claimed was a 2008 MTPL Foundation IRS 990 form that showed the Library held in excess of $350,000 (but he didn't present it to O'Neal), he wanted to know how much was currently in this account. O'Neal stated that she thought there was $35,000 available as per the 2010 IRS 990 form. Fiore then wanted to know what happened to the surplus funds, what were they used for?

Ms. O'Neal said that NO portion of municipal funds are included in the Library's surplus, at which point Township Attorney Brain Nelson, attempting to interject himself into the conversation, rose from his chair next to the Mayor waved his finger at O'Neal and said that her statement was false.

It was at this point that Director O'Neal ended her discussion, probably feeling somewhat frustrated and intimidated by the aggression shown to her by both Tony Fiore and his "goon" Attorney Brian Nelson.

The below 10 minute audio clip is from Tuesday night's meeting and captures Susan O'Neal's entire 10 minute address in front of Township Committee. To hear the exchange between Tony Fiore, Susan O'Neal and Nelson as described above, you will need to advance the audio to about the 7:50 mark.

It doesn't shed a very good light on Fiore or Nelson,it just adds to the perspective that Township Committee and it's attorney are arrogant and don't care to hear about the truth or worry about how they chose to intimidate others when they have their minds made up.

What Were They Saying Before The Decision To Cancel The Sports Complex

I went back to my archivist to see if he could grabbed me some audio clips of what everyone had to say about using the bonded funds for the artificial turf fields for other uses.

He sent me 5 clips of Township Attorney Brian Nelson,Township Administrator Tony Mercantante and Mayor Gerry Scharfenberger stating that the bond money has to be used for recreation or turf fields. These clips are from Committee meetings on February 1st, March 1st and March 15th .

Nelson and Mercantante address a person's question concerning whether or not the bond for the turf fields could be appropriated for other use during the February 1st meeting.

Scharfenberger adds his two cents in the following three sound bites, the first two of which are from the March 1st Township Committee Workshop meeting where he is heard saying that the money for the turf fields could not be used for other projects but could be appropriated for a different facility. He later stated that the turf fields were part of Green Acres and there for needed to be discussed at an official public meeting that would be scheduled for the end of March.

The last clip is from the March 15th Township Committee meeting and is of Mayor Scharfenberger announcing that the resolution that would give the go ahead for CMX Engineering to finalize plans and proceed to mark up project bidding specifications for the sports complex at West Front Street was being pulled, but they were going to move ahead with the field at WFSP anyway just not with all the amenities.

Then all of a sudden at the informal March 23th Neighborhood Meeting at Croydon Hall, Gerry Scharfenberger announced that himself and those members of the Township Committee that were in attendance that evening came to a consensus decision to cancel the turf project all together due to concerns over state aid figures that he had just been informed of, and because of this the Township would recall the bond and return the money to the lender.

Using the decline in state aid as a cover story for cancelling the turf projects was just a convenient excuse on Scharfenberger's end. Both he and Pam Brightbill, had been telling everyone for months prior to the meeting that the bonded funds for the turf fields had no impact on the budget and based on the article that appeared in the Independent, the Township knew a week earlier about the state aid cut, which they had been talking about for the past few Committee meetings anyway.

So will the audio shine anymore light onto the shady dealing that go on down at Town Hall? Not really, but they do give a little bit of insight into the thinking of for what and how the money that was bonded for the turf fields in 2006 could be used for even if it was contrary to the actual language of the bond ordinance.

With 19 Other Committees and Advisory Boards in Middletown, Nelson says "NO" To The Establishment of Finance Committee

If Middletown's form of government was intended to get away from committees and advisory boards, as Township Attorney #2 Brian Nelson suggests in the audio clip from the June 1st Township Workshop meeting, then why do we currently have 19 committees and advisory boards sanctioned by township?

Why is it inadvisable to form a Finance Committee to suggest budget savings to the members of the governing committee, but totally fine to have advisory boards look over and make suggestions to the committee about such things as community affairs, strategic planning or parks and recreation? Shouldn't the Township Committee members be just as involved and hands on in these areas as they want everyone to believe they are with the township's finances?

WHAT DO THEY HAVE TO HIDE ?

Again, the need for a Finance committee is evident in light of this years budget fiasco, a budget that has a shortfall of $2.5 million and a proposed tax increase of 9.2% (could be as high as 10%), which would be the highest in the State.

Middletown has had to ask the State for assistance by requesting permission to wave the 4% cap on budgets, which is very unlikely to happen given that Atlantic Highlands and others requester have been turned down.




Below are 19 Commissions and Advisory Boards that are currently recognized by the Middletown Township Committee:

Clean Communities Advisory Committee
Community Affairs Council
Environmental Commission
Municipal Alliance for the Prevention of Alcoholism and Drug Abuse
Human Rights Commission
Landmarks Commission
Local Assistance Board
Lincroft Senior Citizen Housing Corporation
Open Space Preservation Committee
Parks and Recreation Master Plan Steering Committee
Planning Board
Recreation Advisory Board
Safety Council
Sewerage Authority
Strategic Planning Committee
Zoning Board of Adjustment

Green Team - Finance Team, Can Someone Explain the Difference?

I received my copy of the Independent yesterday and while thumbing through it, I noticed an article buried deep within on page 16 titled “Mid’town looks at energy efficiency programs” with a subtitle of “Twp. To form ‘Green Team’”.

It peaked my interest so I gave it the once over.

What I read was very interesting and seems on the surface a very good idea, I am not going to go in-depth and analyze the article for you, you can read it for yourself HERE.

What struck me however was that the Township Committee can form an advisory board, a so called “Green Team”, which would be “comprised of staff members in the township as well as community volunteers who are already involved in various environmental initiatives in town including Community Affairs and the Environmental Commission.” with a goal towards controlling costs and saving money by taking steps to sustain the quality of life in town for the long term.

Now that sounds an awful lot like another advisory board that has been proposed by Democratic Committeeman Sean Brynes and backed by fellow Democrat Patrick Short, It sounds exactly like what a Finance “Team” (Committee) would be.

But, according to Township Attorney #2, Brian Nelson, who has done some extensive research into the subject, says it would be against the Township charter to form such an advisory board.

Can some one please explain to me how a “Green Team” advisory board can be formed by the Township Committee to identify and recommend potential energy saving projects but a “Finance Team” advisory board, put together to identify wasteful Township spending and potential cost savings is against the Township charter?

If you ask me, something is rotten in Middletown and the stench can be smelled throughout the townships 46 square miles. What does the GOP majority have to hide?

Below you can hear the audio from the June 1st, Township Workshop meeting where Committeeman Brynes, once again gives his reasoning behind forming a “Finance Committee” and the oppositions continued arguments against it.

Gerry and His Buddies Just Don't Get It, Once Again a Big "No" To Finance Committee

Last week at the monthly Township committee workshop meeting, Gerry Scharfenberger and the GOP majority expressed once again how the Township does not need to set up a "Finance Committee" to oversee the budget process. They went as far as having Township Attorney #2, Brian Nelson, "research" the structure of the township's governing body in order to justify the rejection of the Finance Committee.

Nelson said that he spent some time looking through the governance by-laws of the Township and came to the conclusion that a Finance Committee would be against the Township's charter because it would take powers away from the Administrator and Township Committee.

That is total BS if you ask me.

Gerry and his GOP buddies feel that everything is great with the way the township puts together the budget. He works very hard at it and would not want to give up any control over the process, it is very effective, He says. After all Middletown does have a Double AA bond rating and gets kudos from the League of Municipalities for how the budget is constructed, so why change? Simple, it is broken.

Finance Committee would be the watchful eye over the budget to ensure that we aren't "blindsided" by budget shortfall as we were this year.

Here is Gerry's definition of effective management...

A 25% increase in taxes for the last four years

A 9.2% (possibly higher) tax increase for this year's budget

Asking permission from the State to go $2 million dollars over the $4% cap budget cap

2 Township Attorney's salary's

Deferring this year's Pension payments for 15 years

Building a budget when you have "no short term and long term projections that took into account this economy."

The way that Gerry and the boys (sorry Pam) put together a budget is not very efficient or effective and it needs to change. The proposed Finance Committee would look at the budget and give recommendations throughout the year not just during budget time. The Committee would act as an advisory board to the township and would be an effective tool to ferret out wasteful spending in order to save the tax payers money.

The audio clip below is from the June 1st workshop meeting it is Gerry Scharfenberger's reasoning behind not supporting a Finance Committee

Middletown Passes Ordinance To Eliminate Health Bennies for TOMSA Commissioners, Sorta

I attended the Middletown Township Committee meeting last night, a meeting that I am happy to say ended early, if you think that 10:25 PM is early.  Typically these meetings in Middletown have been know to last till midnight on occasion.

One of the more interesting outcomes of tonight's meeting was the passage of an ordinance to eliminate the health benefits for commissioners of the Township Of Middeltown Sewerage Authority (TOMSA). What made it interesting was the fact all current commissioners of TOMSA have been grandfathered under the ordinance and will be able to keep their benefits! The ordinance only applies to newly appointed commissioners.

That's right read it for yourself below: 

TOWNSHIP OF MIDDLETOWN NOTICE

This is a copy of Ordinance No. 2009-2967 that was introduced at a scheduled meeting of the Township Committee of the Township of  Middletown, April 20, 2009 held over for further consideration upon second and final passage at a meeting of the said Township Committee
to be held In the Main Meeting Room in the Township Hall, One Kings Highway, Middletown, on Monday, May 18, 2009 at 8:00 p.m., at which time all persons interested will be given an opportunity to be heard.

AMENDING CHAPTER 47 OF THE TOWNSHIP CODE GOVERNING THE TOWNSHIP OF
MIDDLETOWN SEWERAGE AUTHORITY

WHEREAS, the Township Committee of the Township of Middletown has previously eliminated the receipt of health benefits for members of the Township Committee and other appointed officials; and

WHEREAS, the Township Committee of the Township of Middletown believes it is the best interest of the taxpayers of the Township to eliminate the receipt of pension and/or health benefits by part-time elected and appointed officials; and

WHEREAS, pursuant to the Sewerage Authorities Law, N.J.S.A. 40:14A-5(d), the Township Committee is limited in its ability to amend the compensation paid commissioners of the Township of Middletown Sewerage Authority; and 

WHEREAS, the recently adopted Public Employee Pension and Benefits Reform Act of 2008, P.L. 2008, c. 89, however, helps restrict the Public Employment Retirement System benefits and eligibility for health benefits received by any commissioner of the Township of Middletown Sewerage Authority appointed after November 2, 2008.

NOW THEREFORE BE IT ORDAINED, by the Township Committee of  Middletown Township, County of Monmouth, State of New Jersey, that Chapter 47 of the Code of the Township of Middletown (1996) be amended to include the following:

§ 47-5. Benefits Restricted.

No member of the Township of Middletown Sewerage Authority hereinafter appointed shall be eligible to receive any benefits not otherwise provided for pursuant to the provisions of P.L. 2008, c. 89.

This is really an outrage and a few people questioned the logic behind grandfathering in the current commissioners for as long as they continue to serve on the board of TOMSA continuously.

A few people were upset because according to the Public Employee Pension and Benefits Reform Act of 2008, that is soon to take effect, any part-time worker or appointed official who earns less then $7,500 a year would no longer be eligible for benefits.

Committeeman Sean Byrnes wrote the original draft of the ordinance which intended to have benefits for the commissioners end upon the dates that their currents terms expire but it was changed by Township Attorney Brian Nelson to protect current sitting TOMSA commissioners. 

It should also be noted that after presenting the revised  ordinance to the committee, Mr. Byrnes's name was missing from it and Mayor Pam Brightbill's name was in his place, which is another clear and sad example of how the GOP majority tries to take credit for ideas that weren't their own.

In this case however, Mayor Pam can take the credit and the consequences that go along with it.

All of the Sewerage Authority commissioners have been good loyal Middletown Republican insiders, they have been either Republican mayors, committee members or party leaders and this blatant attempt by the Middletown GOP majority to protect their own will not go unnoticed by residents who are struggling to make ends meet.

Nepotism and Cronyism has to end in Middletown, if it doesn't then residents will forever be burdened with its outcome of high taxes and inefficient government. 

Residents have to remember that when the current TOMSA commissioners  terms expire that they insist that they not be reappointed. Otherwise they will continue to receive costly health benefits for a job that pays them $1750 for less than 12 hours of work per year.     

Does A Cap On Legal Expenses Mean More Money For Lawyers Or Less? In Middletown There Is No Such Thing As A Cap!

If a township issues an ordinance or resolution to cap the legal expenses that an individual lawyer (who also happens to be on a $50,000 retainer) at $310,000 a year, doesn't that mean that said lawyer doesn't receive reimbursement for fees that exceed the $310,000 mark during that year?

I thought so, but apparently some of members of the Middletown Township Committee think otherwise.

Township Attorney Bernie Reilly, who until this year was the only Municipal Attorney in town, has been designated to handle all of the Townships litigation needs while new kid on the block and political cronie Brian Nelson, deals with municipal matters.  Each has been given the same deal with the Township, a $50,000 retainer and a cap on legal expenses of $310,000.

When Nelson was designated as Municipal Attorney and Reilly as Litigation Attorney, there were immediate objections by Patrick Short and Sean Byrnes, the Democrats that sit on the Township Committee.  In a time of economic stress and with a projected $3 million budget shortfall,they questioned how could the Republican majority justify doubling the expenses that the township pays in legal counsel.

They answered by saying, the expenses for each lawyer were capped at $310,000 each and because of Nelson limited roll as just "Municipal Attorney", he should not exceed the cap on legal counsel that was in place. Their argument was the same for Reilly.

Well guess what, here we are 5 1/2 months into 2009 with no budget in place and the township committee slips in Resolution. 09-137  which authorizes the payment of an additional $7,041 to Bernie Reilly for work done in 2008.

How is this possible if there is a cap in place, a cap that Reilly agreed to no less? Unbelievable.

This is the game that the Middletown GOPers play to keep their buddies employed. They set a price, but have no intentions on holding their cronies to it. With the employment of two special litigators Nelson and Reilly, the potential to exceed the $310,000 amount stated in the resolutions voted on at re-org day is obvious now.

This is what keeps the tax rate on the upward spiral year after year (9.2% proposed for this year). If the town operated legally and stopped frivolous law suites against their adversaries (the Azzolina's and Schwebel's) there would be no reason for half the lawsuits brought on. 

And if this was not enough the Township also authorized the additional payment of $12,000 to The Special Construction Litigation Lawyer,Paul A. Sandars III of the law firm  of Lum, Drasco & Potisan LLC  for ongoing legal work on the Cultural Arts Center.  

Their legal work was capped at $45,000 by the township committee in Resolution 8-026 last year.

You can read more about this at MiddletownMusing, where Pat Walsh picks it a part.

 

Middletown Republicans Turning Voter Trust Into A Joke

By Joe Caliendo

The Republican Majority on the Middletown Committee hasn't told the truth about what it is doing to township residents, their trust or their money for quite some time.

In Middletown, Republican Chairman Peter Carton sits in the back of the committee chambers sometimes and holds court while the show that is the committee meeting goes on in the front of the room. Peter Carton picks the candidates that become elected officials in town, he then turns around and works for those people when they appoint his Newark Law firm as the bond counsel for the township. How can that be a good thing? It can't.

He must find it quite humorous, how the township Republicans dupe people into believing they are voting for candidates from a political party when they are, in fact, voting for a law firm.

Deputy Mayor Gerard Scharfenberger would tell you that Middletown represents the best in government in this state. I suppose that would be true, if someone counted cronyism, backroom dealing, financial mismanagement, and a lack of transparency as good things.

Emboldened by their recent election win in November, the Republican Majority practically doubled the township's legal budget. While there is a new township attorney, Brian Nelson, the committee decided it would keep the old township attorney, Bernard Reilly, around for awhile, and pay him about what they paid him when he was the township attorney last year. It's being said that Mr. Reilly is cleaning up cases. Well, he sure can buy a big mop.

Brian Nelson isn't a new face for people in politics. He was the Republican Party executive director for the state organization under Sen. Joe Kyrillos when he was state chairman. Then Mr. Nelson went to Mr. Carton's Newark law firm, and worked there while he was an oft-used campaign staffer for Monmouth County Republicans. Mr. Nelson was even involved with Middletown Republican campaigns. It's funny how I've always thought about lawyers – it was always my view that lawyers are supposed to get jobs by being good at practicing law. I don't see how Mr. Nelson had time for such a thing with all of his political work.

The PolitickerNJ.com, this political website, has even given Mr. Nelson the title "Republican insider." As a resident and taxpayer of Middletown, I would prefer to have a good lawyer representing the township rather than some ridiculous political "insider."

Middletown voters pulling the lever for Peter Carton's Republican Party are being used. But they don't have to take my word for it – they could always go to a meeting of their committee for themselves once and see what they put into office. They might even catch an appearance by the great man himself, Mr. Carton, while he swaggers in the back of the committee chambers mocking the township foolish enough to buy his election season scam.