While watching the video pay attention to who speaks and who doesn’t speak from the dais, Township Attorney Brian Nelson is sitting next to mayor Tony Fiore. Nelson is an appointed official, not an elected official, yet he speaks as if he is!
Monthly Archives: February 2012
January 18th meeting of the Middletown Library Board sets the tone for the year. The Demands, the Numbers, and the Possibilities Part 3
by guest blogger Linda Baum
This is part 3 of my 3-part post on the 1/18/12 meeting of the Library Board. The next Library Board meeting is this Wednesday, February 15th at 7:30 p.m.
PURCHASING RESOLUTIONS — SERVICE CONTRACT FOR LIBRARY ATTORNEY
New Board member Michael Convery, an attorney, had many questions about the legality of resolutions and whether or not there was a need to bid out contracts. Ms. O’Neal noted that libraries have a statutory exemption from purchasing laws for books and materials. “Where is the list of exempt services?,” he asked. In the statute, he was told.
Mr. Convery suggested having an attorney sign off on resolutions and the vendor list. Ms. Murray went a step further and suggested that an attorney be present at all Board meetings. The new Township appointees agreed.
Those in the audience whispered, “Didn’t they want to reduce expenses???”
The other Board members felt that there was little need to have an attorney sit in on regular meetings – one could always be consulted if an opinion was needed.
Some background: While “major” boards, such as the Planning Board, may have a lawyer present at each meeting due to the nature of their work, “minor” boards, such as the Historical Commission, do not. The Library Board used to have an attorney at meetings at one time, but there was little need in view of the low hazard operation, and the regular attendance of a lawyer was eliminated.
Vivian Breen suggested, somewhat facetiously, that they seek pro-bono services – maybe attorney and former Board member Gregory Milne would be willing to donate his time. There was no response from the new trustees. (That was also how things went at the Township Committee meeting the night before when residents offered their free services to renovate the pool club. That offer fell on dead ears, too.)
When it was time to award the contract for attorney services, experience in library law took a back seat to hourly fee, office location, and labor law experience.
In my 1/9/12 post, “Attorney representing TOMSA and the Township also seeks appointment as Library Attorney at the January 18th Meeting of the Library Board”, I mentioned that experience in library law was a requirement for the job, or at least had been considered important in the past.
The new Township appointees didn’t feel knowledge of library law was necessary. Mr. Convery was particularly insistent about that, seeming to ignore that all of his earlier questions required response from someone with an understanding of the statute. He and others felt that an interpretation of the library law could be provided by any attorney. Labor law experience was seen as more important.
While applicants without library law experience had lower fees, Mr. Gabrielan pointed out that they might bill significantly more hours while they are getting up to speed on matters an experienced attorney would already know.
Ms. O’Neal suggested that the Board might lower its costs by issuing a new RFP to hire an attorney on a retainer. The new Board members declined to do that for now, opting instead to pay by the hour in case the Board decides at a later date that attorney attendance at meetings is not necessary, or at least that was a reason given. (I found it odd that the new Township appointees, after having shown uniform support to have an attorney at meetings, wouldn’t opt for a less costly fee arrangement and wanted wiggle room to change their minds about attorney attendance. That is surprising considering how critical they were of the Board, and its president in particular, for not having had an attorney at meetings in the past.)
Attorney Richard Leahey’s local office was touted as a plus by the new trustees, who pointed out that it would mean fewer hours billed for travel time to Board meetings. (I wondered if the push to have an attorney at meetings was in part so that they could make a stronger case to keep the contract local…)
Leahey lacks library experience, but his rate was among the two lowest, matched by McOmber & McOmber, P.C., also local and lacking in library experience. While the two candidates seemed “neck and neck” for a while, the service award went to R. Armen McOmber, whose application indicated he would provide service personally. Mr. Leahey’s work for the Township was mentioned as a possible conflict and factored into the Board’s decision.
The Library’s budget was amended to increase the amount budgeted for attorney services from $4,000 to $10,000, in part to account for the fact that this is a labor contract negotiation year.
On the agenda was the formation of an Ad-hoc By-laws Review Committee to update the by-laws for the increase in the Board’s membership.
Mr. Convery was very critical of the by-laws. He called them “terrible” but wasn’t specific. I don’t have a lot of patience for such vague criticism and look forward to hearing what specific changes he feels are necessary, and who will benefit…
Mr. Gabrielan explained that the by-laws, which were last revised ten years ago, were simple by design and, while needing update in a few areas, met the needs of this type of operation.
(Add by-laws review to the list of things this year’s legal counsel will be billing for. I wonder if the $10,000 budget will be enough.)
PURCHASING RESOLUTIONS — BOOKS & MATERIALS
There were numerous purchasing resolutions on the January agenda, and that’s normal. The Library’s ongoing operation requires purchasing year-round. Ms. O’Neal noted that there are seasons of publishing – different items are ordered at different times of year — and that the Board reserves money at the end of the calendar year to allow for that.
Ms. O’Neal said that vendors have specialties in terms of what they provide, so different materials are ordered from different vendors, all of which were selected for their preferential discount schedules. She also noted that the Library has people who specialize in knowing what materials are required for specific subject areas.
The new Township appointees were hesitant to approve the purchases, one of which was an order of about $200K from the Library’s primary vendor. They had questions about how to review the orders and accounting. And that’s reasonable – they are new to this and there is a lot to know. The Board discussed training that would be available so that the new members could familiarize themselves with Library operations.
To me, the new Township appointees seemed conflicted between the need for continuity of Library operations and their apparent charge to cut the budget.
Mr. Gabrielan pointed out that these were pro-forma resolutions that the Board passes annually as part of normal operations for all New Jersey libraries, and he asked that the new members trust management and the other more experienced Board members.
The response from the new Township appointees was a blunt, “No.” And then they brought up Mr. Gabrielan’s books and then the accusations flew. They said, no one’s accusing anyone of anything, but…
Vivian Breen raised her voice, “This library has not been a problem. You’re
making this a problem, and it isn’t.”
Lawrence Nelsen harped, “No one had a problem with Bernie Madoff, either.” Audience members gasped.
“That’s totally different,” replied Ms. Breen, with restraint, considering.
Ms. Murray said, “We don’t feel there is a problem, but I don’t think it’s fair to invalidate our opinions because we don’t feel more comfortable.”
“But you’re invalidating what we’ve been doing for years,” said Ms. Breen, her voice elevated
Ms. Miloscia said that not everything needed to be ordered in February, but that they needed to start ordering. “Otherwise, you’re going to paralyze the Library,” she said.
Ms. Breen offered an analogy: “If you bought a supermarket, and you took over as boss, you would have to [continue]…purchasing cans to stock shelves until you figured out what was going on or you would go out of business.”
After discussion, the purchase resolutions were approved by the full Board.
For comparison, consider that the Township’s January bill list was approved by unanimous vote, and without any public discussion, by the Township Committee on January 17th, Ms. Murray’s first regular meeting as Committeewoman.
Note also that at the TOMSA Board’s February 9th meeting, a no-bid $343K engineering contract was approved without comment by the Board, who, coincidentally, voted at that meeting to approve their own salaries, a perk no other board in town gets. No other board in town gets the free medical benefits or pension credits either. Perhaps Mr. Nelsen should take a look over there.
Redbankgreen.com and Middletown Patch are both reporting today that this years KaBoom fireworks display over the Navesink has been cancelled. Security costs and inadequate funding for the event is sighted as the reason for the demise of this years upcoming event. RedbankGreen is also reporting that the Rumson fireworks display may be cancelled as well.
I am sorry to hear about this, there aren’t many places in the area that people can go watch a 4th of July fireworks display anymore. Personally, I haven’t seen the KaBoom display in years because I have avoid they area because I didn’t want to get all mixed up in crowd and then have to fight all the traffic. The last time I went it took nearly two hours to get out of town.
Still I hate to see it go, I guess if I want to get my fill of some fireworks I’ll just have to head over to the Keansburg boardwalk on a Friday night during the summer and catch them.
From the New York Times
President Obama’s political standing is rising along with voters’ optimism that the economy is getting better, according to the latest New York Times/CBS News poll, a shift that coincides with continued Republican disquiet over the field of candidates seeking to replace him.
Read more about it … Here
January 18th meeting of the Middletown Library Board sets the tone for the year. The Demands, the Numbers, and the Possibilities Part 2
by guest blogger Linda Baum
This is part 2 of my 3-part post on happenings at the 1/18/12 meeting of the Library Board. A reminder that the next Library Board meeting is this Wednesday, February 15th at 7:30 p.m.
LAWN CARE AND SNOW & ICE MANAGEMENT
By now, I’m sure you’ve seen figures tossed around on this topic. Here’s the story:
Committeewoman Stephanie Murray questioned the outsourcing of lawn care and snow removal. She asked why the Township couldn’t do this and was advised that DPW had been contacted but felt they couldn’t provide adequate services. DPW Director Ted Maloney had said to revisit the matter with DPW upon contract expiration.
“Lawn care” includes a great deal more than mowing. It also covers pruning, weeding, fertilizing, seeding, insect control, debris removal and more.
Land care and snow & ice management are grouped together as one line item on the budget, but are two separate contracts. The contract for land care is for one year only. Snow & ice management is a 2-year contract that runs through April 2013. The Board usually opts for a 2-year contract for ice and snow removal for two reasons: 1) as a hedge against increases in contract cost when the price of gasoline goes up, and 2) it helps to have a contractor in place well in advance to cover the late December/early January period.
For 2012, the budgeted amount is $30,000. In 2011, the contract for landscaping was $9,000. The Library paid the contractor an additional $1,700 for new trees in the front, which was approved as part of the job specifications. For snow removal in 2011, the Library paid $10,953. In all, these expenses were $21,653. The cost for land care is a fixed amount, however it is necessary to budget conservatively for snow & ice management in line with variations in snow fall and contract cost based on the proposal awarded. The 2012 budget for these services is the same as for 2011. In a low snow year, they make out okay.
Ms. O’Neal provided a brief history, noting that when the Library was renovated in 2003/2004, the Township Committee wanted a sprinkler system installed and extensive landscaping in order to enhance the value of the property. Once that was done, the members of the Board felt that proper stewardship of the property required the land care services of a private company because the services of the Township were not adequate.
The Library has special needs given its hours of operation and 7-day schedule, and the Township was not able to make the Library a priority given its other commitments. This is true not only for snow removal, but also for property maintenance. Consider if you have ever seen work being done on the Library grounds during its operating hours. I haven’t. Work appears to be done before or after the public arrives, so that we can enjoy the serenity and quiet that libraries are so well known for.
When it snows, the Township is going to clear snow from streets first so that ambulances can get to homes and people to hospitals. Nobody lives at the Library, so it may be very low on the list.
During public comments, one woman commented on how quickly snow is removed now, so that the Library can be enjoyed by the public. Another resident said “This works” and encouraged the new Board to be slow to change.
In fairness, I should note that when there are particularly heavy snow storms like those of last winter, the Library may need help from the Township’s heavy duty plows to clear its premises.
Several of the new Board members – Brock Siebert, Michael Convery, and Ms. Murray – were insistent that the issue of land care and snow removal be re-opened with the Township and suggested that the Library “make” the Township handle this. They didn’t say how they expected the Board to do that, or how to ensure that the current high standard of service is met.
Ms. O’Neal pointed out that many Libraries that have snow and land maintenance handled by the municipality get charge-backs for those services, so “the elephant in the room” is that one way or another the Library pays the cost for these services.
MY PREDICTION: Snow removal and land care services will be handled by the Township upon contract expiration, or sooner, and the Library will not be billed. I say “or sooner” because the new Trustees are insistent that the matter be re-opened with the Township now, so it appears they are willing to cancel the contract and deal with any ramifications.
THE NUMBERS: The Library’s budget will be cut by $30,000. That increases the “take” by the Township by up to $36,000 given the combined effect of both the increase in surplus and the reduction in the budget, as described in part 1 of this post.
Why do I think the Township won’t bill the Library for these services? Because if they do, there would be no reduction to the Library’s budget, and the Township makes out the same or better if there is.
By not charging the library, the Township gets to look like the good guy, something I’m sure they will work into press releases. But, of course, they will make no reference to any slip in service quality or any extra costs the Library may incur to replace plants and trees that are not properly cared for. Nor will they mention the unusual sound of lawn equipment blaring while you’re reading.
STRATEGY: If the Township makes out the same or better by not charging the Library, then the Library might fare better if it pays the Township for these services – that is, more reserves might be protected this way. So perhaps the Library Board should offer to pay…
THE LIBRARY’S WEBSITE
New board member Lawrence Nelsen criticized the Library’s website, saying that many links don’t work. Check it out for yourself here (www.mtpl.org) and see what you think. Be prepared to have some fun – the Library’s website is cool, colorful, and informative.
I wonder if Mr. Nelsen has noticed that several calendar links on the Township’s website bring up the month of March 2011, a problem the Township has known about for months and still hasn’t fixed. And meeting dates on the Township’s online calendar are often incorrect. There are numerous examples from December: the Sewerage Authority board meeting was not on December 8th, the Zoning Board meeting was not on December 26th, and the Library Board meeting was not on December 21st. The latter date was correct on the Library’s website, though.
Ms. O’Neal replied to Mr. Nelsen that the Library doesn’t have a dedicated web person because the staff person who handles that has other duties, but she said that problems are fixed as quickly as possible once they are discovered.
MY PREDICTION: I have a very strong feeling that Mr. Nelsen’s out-of-the-blue comment was intended to start a discussion about the Township’s takeover of Library website maintenance and maybe other Library systems. That could possibly mean layoffs of library staff.
THE NUMBERS: I am told that the Township contracts out its website maintenance. If that’s true, the contractor would likely charge extra to handle more work. The Township might bill the Library for it, but might make out better if they don’t, as I’ve already pointed out.
Much like the other services the Library requires, the Township’s ability to take on this additional responsibility won’t matter. This is all about cutting as much from the Library budget as possible. Promises will be made, and problems will be dealt with down the road.
Written by Middletown Township Police Department
Tuesday, 14 February 2012 -Arrests do not indicate convictions
Joseph Reamer, age 45, from 7th Street in Belford, NJ, arrested on February 11, 2012 by Sergeant First Class William Colangelo for Driving While Intoxicated and Reckless Driving. He was released pending a court date.
Todd Lambe, age 36, from Center Avenue in Middletown, NJ, arrested on February 11, 2012 by Police Officer Janine Kennedy for Driving While Intoxicated and Possession of under 50 Grams of Marijuana. He was released pending a court date.
Michelle Vanduysen, age 33, from Locust Street in Keansburg, NJ, arrested on February 11, 2012 by Police Officer Lisa Vreeland on a Failure to Appear warrant issued by the Monmouth County Superior Court. She was being held at the Monmouth County Correctional Facility in Freehold, NJ.
Stephen Bruno, age 19, from Laurel Drive in Highlands, NJ, arrested on February 11, 2012 by Patrolman Raymond Sofied for Aggravated Assault on a Police Officer. He was released pending a court date.
Richard Dickey Jr, age 42, from Daniel Drive in Middletown, NJ, arrested on February 11, 2012 by Patrolman Christian Clark for Simple Assault. He was held on $1,000.00 bail with a 10% option set by Judge Richard Thompson.
Brian Bowers, age 30, from Griggs Avenue in Port Monmouth, NJ, arrested on February 11, 2012 by Patrolman Brian Dilworth for Driving While Intoxicated and Reckless Driving. He was released pending a court date.
Troy Derring, age 21, from Ideal Avenue in Middletown, NJ, arrested on February 10, 2012 by Patrolman Adam Vendetti on a Contempt of Court warrant issued by the Holmdel Municipal Court. He was released after posting $156.00 bail.
George Echevarria, age 19, from Monmouth Parkway in Middletown, NJ, arrested on February 11, 2012 by Patrolman Donald Coates on Contempt of Court warrants issued by the Middletown and Long Branch Municipal Courts. He was held on $2,000.00 bail.
Daniel Wahler, age 53, from Locust Terrace in Middletown, NJ, arrested on February 11, 2012 by Patrolman Felipe Benedit for Simple Assault. He was released pending a court date.
Tamer Turgun, age 28, from Orchard Street in Keansburg, NJ, arrested on February 12, 2012 by Corporal Patricia Colangelo for Criminal Mischief, Burglary and Theft. He was released after posting $6,000.00 bail with a 10% option set by Judge Richard Thompson.
Vienna Roessner, age 33, from Main Street in Port Monmouth, NJ, arrested on February 12, 2012 by Patrolman Charles Higgins on a Contempt of Court warrant issued by the Old Bridge Municipal Court. She was released after posting $400.00 bail.
Angelo Georgianna, age 23, from Hudson Avenue in Middletown, NJ, arrested on February 12, 2012 by Corporal James Keenan for Aggravated Assault, Unlawful Possession of a Weapon and Possession of a Weapon for an Unlawful Purpose. He was held on $5,000.00 bail with a 10% option set by Judge Richard Thompson.
Adam Stranges, age 20, from Sandy Hook Avenue in Belford, NJ, arrested on February 20, 2012 by Patrolman Adam Colfer for Possession of Drug Paraphernalia. He was released pending a court date.
Christopher Newrock, age 23, from Evergreen Terrace in Middletown, NJ, arrested on February 13, 2012 by Patrolman Richard Fulham for Possession of Drug Paraphernalia and Criminal Trespass. He was released pending a court date.
Michael Kelly, age 24, from Hutchinson Drive in Port Monmouth, NJ, arrested on February 12, 2012 by Patrolman Adam Colfer for Unlawful Possession of a Prescription Legend Drug, Possession of under 50 Grams of Marijuana and Possession of Drug Paraphernalia. He was released pending a court date.
Tiffanille Czaplicki, age 29, from Krueger Place in Middletown, NJ, arrested on February 13, 2012 by Patrolman Keith Hirschbein on Contempt of Court warrants issued by the Middletown, Woodbridge and Atlantic Highlands Municipal Courts. He was released after posting $2,839.00 bail.
Anthony Zitzman, age 37, from Orchard Street in Keansburg, NJ, arrested on February 13, 2012 by Patrolman Keith Hirschbein on a Contempt of Court warrant issued by the Middletown Municipal Court. He was held on $500.00 bail.
Walter Krywy, age 64, from Hurleys Lane in Lincroft, NJ, arrested on February 13, 2012 by Patrolman Anthony Gigante on Contempt of Court warrants issued by the Wall, Egg Harbor and North Hunterdon Municipal Courts. He was held on $3,906.00 bail.
Todd Voorhees, age 32, from Hurleys Lane in Lincroft, NJ, arrested on February 13, 2012 by Patrolman Anthony Gigante on a Contempt of Court warrant issued by the Atlantic City Municipal Court. He was held on $260.00 bail.
Carmen Falco, age 23, from Hart Street in West Keansburg, NJ, arrested on February 14, 2102 by Patrolman James Beirne for Shoplifting from the WAWA store. He was released pending a court date.
January 18th meeting of the Middletown Library Board sets the tone for the year. The Demands, the Numbers, and the Possibilities Part 1
by guest blogger Linda Baum
This is my second post about the 1/18/12 Library Board meeting. See my January 24th post to read about the controversy over the Board’s leadership. A lot has happened since the January meeting, as you all know. Library Trustee Sherry Miloscia resigned from the Board for personal reasons effective January 20th. Trustee and Board President Randall Gabrielan resigned from the Board effective February 7th. Seven out of nine members remain, and the Township Committee now has majority control of the Board with 4 out of 7 votes. If they fill the two empty seats, the Township will have 6 out of 9 votes and a two thirds majority.
The January 18th meeting was the first for the newly expanded 9-member Board. The five new faces on the Board presented a challenge for Library Director Susan O’Neal, who is to be commended for responding to a great many questions with patience, good humor, and
The next Library Board meeting is this Wednesday, February 15th at 7:30 p.m. at the main branch on New Monmouth Road. I encourage you all to attend. (FYI, the meeting actually begins at 7:00 p.m., but the Board will go into closed session for about a half hour right after the meeting is called to order.)
Much was discussed at the January meeting, which ran almost 5 hours. Since there is incorrect information “out there”, I wanted to provide all the facts, making this my longest post by far. I organized topics by heading to make things easier for readers, and had to break up the post into three separate parts for the blog, each still long. This is part one.
THE PARKING LOT EXPANSION
Early in the meeting, it was announced that resources now exist for the parking lot expansion that was put on hold last year. The initial traffic study for the lot expansion has already been completed by Maser Consulting. The key parts of the project are improvements in safety (more lighting, traffic calming, crosswalks), more handicapped spaces, a drop off zone for short term parking, and additional parking spaces (approximately 35 more spaces).
The project is expected to cost roughly $122K-150K. Available monies include reserves, largely from expense savings that the Library was able to achieve last year, plus state aid monies.
Recall that per the 2011 agreement with the Township, the Library has two options for paying for capital improvements – they can pay cash or pay the debt service on bonds/notes issued by the Township. Libraries are not allowed to themselves issue debt, so the two payment options may not represent anything new. The Board has always preferred to save up until they have enough money for a project rather than to incur debt and pay interest. The Township does the opposite.
Also, the Library is now required to use the Township’s consulting engineer, T&M Associates, for any engineering work. T&M is not on retainer with the Township, so will bill for its services. Since the work is being directed to T&M without competitive bidding — the Library Board would normally request bids/quotes for this job — the cost could be higher than what the Library would otherwise pay.
THE POSSIBILITIES: “Restricting” about $150,000 in reserves for the lot expansion is to be discussed at the Board’s February 15th meeting. Since, by law, library reserves that are restricted for capital projects cannot be taken by the Township, the new trustees are sure to be opposed to it. I suspect they will make the case for allowing the Township to sell bonds/notes to raise money for the work. I suppose the new trustees could take a different tack and say the lot expansion isn’t necessary. However, part of the reason for the project is to improve safety, and I don’t think the Township would want to be seen as being against that.
Aside from leaving more reserves on the table for the Township’s use, the Township would benefit from the debt sale in several ways that I won’t get into here.
THE NUMBERS: If the Library pays cash for the lot expansion, their current budget will show the total cost of the project, or about $150,000. If the Library pays debt service, the budget for each of the next 20-25 years will show the lower debt service payment, say $15,000. The latter option results in a higher budget in future years, but a budget cut of about $135,000 for the current year.
A $135,000 cut in the Library budget increases the “take” by the Township by MORE than $135,000 — by $162,000. Here’s why. Per law, the Library can keep a portion of its unrestricted reserves equal to 20% of its annual budget. If the budget is cut, that “frees up” some additional reserves on top of the amount cut from the budget. In short, for every $1 cut from the Library’s budget, the Township increases its take by $1.20. A CAVEAT: The new Board could vote to hand over 100% of the Library’s reserves to the Township. If so, then one dollar cut from the library’s budget is just one dollar of reserves available for the taking.
State aid monies are off limit to the Township, so would remain with the Library. Any restricted reserves are protected, but can always be unrestricted by a willing Board.
THE 2012 BUDGET
Ms. Murray objected to the 2012 budget being approved in December before the new Board came in and said that it should be re-opened.
Ms. O’Neal pointed out that the Township typically requires the Library Board to have the budget for a year in place by October of the prior year. The Township didn’t need the Library’s 2012 budget as early as usual, so the Board had a couple of extra months to incorporate more finalized information. So the December approval was later, not earlier, than usual. Ms. O’Neal emphasized that the budget was adopted in line with required procedure, not in anticipation of a different point of view, as has been suggested by anonymous commenters.
Board president Randy Gabrielan advised that the budget is a planning document only that is not written in stone.
And while it wasn’t said, the budget for a year is supposed to be ready before the start of that year — that is the way most well run organizations do it, even if the Township doesn’t.
Because the January agenda was already full, Mr. Gabrielan suggested that a detailed discussion about finances be postponed until the February 15th Board meeting.
Marjorie Cavalier suggested that specific financial issues might be better handled by an ad-hoc committee. There was agreement that the Finance Committee would be reconstituted, and Ms. Murray will be on it.