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Preview: March 19 Town Council meeting

Proposals to raise the sewer assessment $65, or 35 percent, to cover increasing costs and to settle the town’s part in a huge pollution remediation lawsuit headline the agenda of the March 19, 2013, town council meeting. 

The meeting agendas and related materials are here.

The administration is asking the council to approve changing the sewer ordinance to raise the sewer fee to $250 from $185, citing increasing costs to maintain the service and infrastructure. The new fee, which would take effect in 2013, was last changed in 2006. Public comment is allowed at the meeting during consideration of the proposal.

The town chief financial officer provided the council with data showing that the sewer system is projected to cost $5.63 million, including a $2.66 million fee assessed by the Joint Meeting sewer authority that processes the town’s sewage. In 2006, the sewer system cost $4.63 million, including a $2.13 million fee assessed by Joint Meeting.

By my calculations, the data show that total annual costs have risen 2.8 percent compounded annually over the seven years – including just under 3.2 percent for Joint Meeting’s fee and 2.5 percent for town costs. While those numbers almost certainly exceed the inflation rate and require us to keep a close eye on the underlying expenditures, they are not necessarily excessive on their face.

The $185 fee would raise $3.74 million, or 66.5% of the cost this year. The $250 fee would raise $5.06 million, or 89.9% of the cost. The administration has had a practice of not adjusting the fee annual to reflect annual costs. The proposed ordinance is here.

The council will consider the proposed consent settlement of the huge and expensive Passaic River pollution lawsuit that’s pulled many New Jersey municipalities, including West Orange, into what’s known as the Occidental Chemical litigation. For more information, please see a recent Star-Ledger story.

The state, which is the plaintiff in the litigation, has required municipalities to sign confidentiality agreements as part of the negotiations of the proposed settlement. The council is asked to approve the proposed settlement based on discussions in executive session, as at the last council meeting. The state plans to make the settlement public before the council would consider and approve the related settlement payment. I’m not a fan of confidentiality in general when it comes to local government, but I believe in this situation it’s warranted given the eventual disclosure of the settlement and the council’s discussion of the related financial contribution.

The agenda also includes:

- A resolution indicating that the township’s total projected tax levy in 2012 of $201.9 million was reduced by $935,321 of tax appeals, which suggests the fourth consecutive year the town’s tax base has declined. The approved resolution would allow a calculation of the reserve for uncollected taxes based on the lower post-tax-appeal levy.

- Introduction of the township’s preliminary 2013 budget, which would raise the municipal property tax by 1.8 percent. The public hearing on the budget is scheduled for April 23. The proposed budget summary is here (on the budget page with related materials). 

- An administration request for review and approval of revised licensing agreements for operation of the town-owned Oskar Schindler Performing Arts Center. The council expressed concern at aspects of the previous agreement when it was presented for review several months ago.

- A proposed renewal of the inter-local agreement with the Borough of Roseland for animal services through mid-2014 that will bring a projected $22,336 of revenue to the town, not including the related expenses for the service.

- A resolution authorizing an executive session to discuss a matter of litigation.

- An ordinance authorizing two paid positions and pay is also up for second and final approval. The ordinance would authorize a coordinator for Council on Affordable Housing work at a maximum pay of $2,500 and coordinator for the Municipal Alliance, for $3,125. The proposed ordinance is here.

I’m a West Orange Township councilman since 2010 and can be reached at jkrakoviak@westorange.org. A former financial journalist, I am a business communications consultant in my spare time.

Bert Peronilla

11:55 am on Monday, March 18, 2013

I hope Prism will be at tomorrow's meeting to address the packet of questions which you and the Council sent to them.

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Joe Krakoviak

8:55 pm on Monday, March 18, 2013

Unfortunately, neither Prism nor the township’s redevelopment professionals will be at the March 19 council meeting. The township’s deputy attorney sent a March 17 e-mail to the council, with a copy to the mayor, saying that I was the only one on the council to submit questions on redevelopment and that no one from the public had submitted questions. (For some reason, your e-mails to the mayor on March 8, copy to the council, don’t appear to qualify as questions from the public -- although it certainly looks to me that you ask the mayor six rather detailed questions about the project.)

Therefore, the deputy attorney wrote, the mayor is not “inclined” to invite the redevelopment professionals to the council meeting to answer questions or make a presentation.

If that’s not acceptable to you, then I’d recommend you come and express your views in person at the council meeting.

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HMV

10:51 am on Tuesday, March 19, 2013

This is extremely disappointing. What will it take to get the redevelopment professionals to attend a public meeting and address public questions about the project and the redeveloper's finances?

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Bert Peronilla

10:51 am on Tuesday, March 19, 2013

Unfortunately, I already have another appointment tonight, and unable to attend the Council meeting. Maybe there was an oversight why my questions for Prism were not entertained. Please bring this up at the Council meeting so that this subject becomes an official part of the minutes of meeting, and hope to get my questions answered (if deemed deserving to be answered) either at the next Council meeting or via email.

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Ricky

3:20 pm on Tuesday, March 19, 2013

Is it the sole purview of the Mayor's office to invite the redevelopment professionals to address questions publicly? At least 3 members of the Council (Ms McCartney, Mr. Krakoviak, and Mr. Guarino), as the "Redevelopment Entity", expressed interest in bringing the attorneys, the financial advisor, and/or Prism principals in to answer questions raised by residents. How can the Administration overrule the Redevelopment Entity's expressed interest in inviting the redevelopment professionals to answer questions raised publicly?

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Bert Peronilla

4:31 pm on Tuesday, March 19, 2013

It is my understanding that every time Redevelopment professionals and Prism personnel are brought in to attend a Council meeting, it costs Prism money, and may not be cost effective to answer the questions of only one councilperson. But I would expect that as a Councilman, they should still answer your questions, via email or some other less expensive means than a personal appearance. I await the response from the Administration on this matter at tonight's meeting.

Paul Corrigan from West Orange

2:18 pm on Monday, March 18, 2013

Tax tax tax. Sewer tax going up- Property taxes up... tax tax taxity tax. How do the politicians keep their jobs?

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Paul P

10:51 am on Tuesday, March 19, 2013

What's going on with the investigation of Gold Type Business Machine, Inc.. Though Thomas Cetnar is not listed on their corporate website anymore, the formmer Chief Operating Officer may still have ties to the company. In case you forgot who he is, Thomas Cetnar is a former Newark police officer who was sentenced in 1999, for misconduct, theft and witness tampering, to 6 years in prison.

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Alan Sanders

10:51 am on Tuesday, March 19, 2013

These pre-council meeting summaries that you put in the Patch are a great public service - keep it up ..... puleese.
Aside from the obvious that Prism's actions do much to decrease confidence in them regarding anything they promise to do or are obligated to to, I do wonder and would appreciate comment on what is a viable game plan, if the town forecloses on them, which I believe they have the right to do. Do they have us over a barrel? I always understand 'foreclose' as meaning, take ownership away, but in this case it seems to mean remove their rights to develop, but not to require a transfer of ownership. I this a hole in our contract with them?

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Ryan

2:39 pm on Tuesday, March 19, 2013

Re. having us over the barrel: I hope Joe (or anyone) will correct me if I'm wrong, but it's been my understanding that among the leverage Prism has against us (to counter the threat of us declaring them in default) is the threat of appealing their property taxes. We've been told that they file the paperwork for an appeal every year, but never go through with it. If we take away their exclusive rights and the promise of a PILOT agreement, the value of their properties goes way down and thus they are likely to win a tax appeal. How significant a hit the township would take as a result, I don't know. This is an issue I've never heard aired at a council meeting.

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Gary Englert

2:49 pm on Tuesday, March 19, 2013

Ryan:

The fact that, for the last six years (since being named the designated redeveloper) Prism has paid annual taxes on its proeprties in the redevelopment zone that exceed those paid by the former owners (without accessing any municipal services, byt the way) has certainly worked to the Township's benefit.

That, to protect its interests, Prism has filed the preliminary paperwork required to prosecute tax appeals on its properties, without ever having scheduled a hearing to complete the process, has alos been to the Township's benefit.

Should the Township declare Prism in default, remove its designation as the chosen developer and the PILT porgram that goes with it it, yes, they would then be in a state of limbo and the value of the properties clearly compromised.

Would they then have grounds to proceed with and win a tax appeal?

Yes, I believe they would.

Alan Sanders

10:51 am on Tuesday, March 19, 2013

'Is' this a hole in our contract with the? -:)

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Mark Meyerowitz

2:39 pm on Tuesday, March 19, 2013

The mayor and council knew a few weeks ago that they were planning on raising the sewar tax. Yet when they "found" that they had spent less money than approved on a previous bond issue, they put the "found" money to other uses, such as lights and a new playing surface for the high school fields.
As it turns out, at the last board of education meeting, the board said that they receive about $70,000. in rental income a year from use of the fields to non-board of education entities. The business manager said that the money goes into the general fund.
Why doesn't the rental income go into a fund to maintain the fields, and to save for the day the field surfaces will be replaced? So when the $70,000 gets added to the general budget, where does it wind up????

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Gary Englert

2:39 pm on Tuesday, March 19, 2013

Alan Sanders:

Long story short, having named Prism as "the designated redeveloper," the Township conveyed its agreement to provide tax abatement (commencing at a particular point in time) by way of an agreed PILOT (Payment in Lieu of Taxes) program.

The necessity for doing this is quite simple: due to the battery factory's state and federal designations as a historic landmark, and given the environmental remediation by the site being a manufacturing facility long before hazardous waste was on anyone's radar screen, $30 Million more than the property will ever be worth must be invested to rehabilitate it. Ergo, tax abatement is required for anyone willing to take the project on.

If the Township declares Prism in default and withdraws the redeveloper designation, we're left with a developer holding the property who'll then be unwilling to put another dime into it...with nobody waiting in the wings with the requisite quarter billion dollars to pick up the ball...and finding someone will be all the more difficult given the acerbic climate created by a very vocal minority.

How that benefits the Township is beyond me.

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Paul P

4:31 pm on Tuesday, March 19, 2013

Maybe Mr. Trenk could buy the property. He had enough cash to bid on the Organon property, which is part of the redevelopment plan. This would be a good investment for him and his friends.

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Shoshanna

2:56 pm on Thursday, March 21, 2013

Speaking of Organon and the general vicinity why weren't the developers mandated to construct a SIDEWALK on Marion Drive?? People walk there and Mt Pleasant Avenue and it's extremely dangerous. Sidewalks create community. We need them. Badly.

Gary Englert

6:16 pm on Tuesday, March 19, 2013

Paul P:

You, or anyone else so inclined, could have submitted a bid to purchase 347 Mt. Pleasant Avenue, when it was offered for sale (by Organon) in an open public process.

That the investment group of which Mr. Trenk is a member submitted the highest bid, then renovated the property the property, fully occupied it and returned it to full tax paying status before any other piece of the former Organon campus, is both laudable and in the community's best interest.

I happend to be in that building last night for a meeting of the NJAI Board of Directors and it is a lovely facility.

I would think, however, that the total acquisition and renovation costs (perhaps $5-7 Million?) are a fraction of the financial resources already committed by Prism, with more to follow.

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Paul P

10:35 pm on Tuesday, March 19, 2013

Wrong! They got a huge tax break from the town for that building. Full tax paying status? Laughable. They pay a pittance of what Organon payed in taxes.

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Gary Englert

11:35 pm on Tuesday, March 19, 2013

Paul P:

Would you care to support you premise with something approaching fact?

The assessment and annual property taxes paid on 347 Mt. Pleasant Avenue are available for all to see using the search function available through the Tax Collector's webpage at www.westorange.org and I can assure you, given the recent revaluation, that both the assessment and taxes paid are higher than the were being paid on the property by Organon, who ceased operations in 2005.

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Paul P

12:43 am on Wednesday, March 20, 2013

Odd, but a search of the West Orange tax collectors property tax look up, , has no records of 347 Mt. Pleasant Avenue. It's ok, its going to take me a little bit longer to prove you wrong.

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Gary Englert

8:50 am on Wednesday, March 20, 2013

Paul P:

347 Mt. Pleasant Avenue's assessed value is $6,300,000, with an annual property tax bill of $219,271.50 as of 2011.

If there's a "huge tax break" there, I'm not seeing it, as the building appears properly assessed and the taxes in line with everyone else's.

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Paul P

10:19 am on Wednesday, March 20, 2013

" By that standard, I am of the View that Mr. Trenk committed an error of judgment when he decided to become a participant in
the group that was acquiring 347 Mt. Pleasant Avenue. I reach that.conclusion because Mr. Trenk had been instrumental in the negotiation of the Option Agreement between the Township and Organon. One significant term of that Option Agreement was that the Township agreed to reduce the tax assessment on the 347 Mt. Pleasant Avenue property by 50% as of January 1, 2006. Another
significant provision was that the Township agreed to permit Organon to resubdivide the lot adjacent to 347 Mt. Pleasant Avenue
for parking use."

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Gary Englert

11:30 am on Wednesday, March 20, 2013

Paul P:

First, purpose built for use as offices for General Motors Acceptance Corporation in the early 70's, 347 Mt. Pleasant Avenue was always a parcel separate and apart from the Organon tract and remained as such when Organon acquired it. The always vacant parcel to its rear (never connected to Organon's main campus due to slope considerations) was approved for parking to make current day, stand alone use of the office building viable. Land locked, it had little to no value for any other purpose.

Second, the tax reduction conveyed (to Organon in 2006, and referenced in Judge Stein's report) was based on the property being vacated and are of the type rountinely conveyed to businesses no longer operating and producing income. That reduction did not survive the sale to the new owners and is not in effect now.

Again, the investment group of which Mr. Trenk is a member, acquired the 347 Mt. Pleasant property, renovated it, occupied it and returned it to full tax paying status before any other piece of the Organon tract.

That investment group does not now, nor has it ever, enjoyed any special consideration or benefits as a result of Mr. Trenk's involvement and pay's the 3.5% of the property's assessed value in local taxes, just like virutally every other property owner in town.

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Gary Englert

11:30 am on Wednesday, March 20, 2013

Continued from above:

Lastly, in addiition to this histrotical perspective, also totally missing from Judge Stein's report is the fact that (though he was the Municipal Attorney) Mr. Trenk played absolutely no role in the Zoning Board's decision concerning sub-division of the parcel that became the rear parking lot for 347 Mt. Pleasant Avenue. It was, however, a reasonable request made by Organon in order for it to market the property given that neith it, nor GMAC before it, had the kind of visitor traffic a building of its size would typically see; it housed employees only and few if any visitors.

At the end of the day, as well, the future owners of the building was truly an unknown when the subdivision (for the parking lot) was approved; anyone willing could have submitted a bid to purchase it and Mr. Trenk's group was the largest of the three entities that chose to do so.

Paul P

12:08 pm on Wednesday, March 20, 2013

The Bond/Trenk group made the best offer and subsequently
entered into an agreement with Organon to acquire the property.
According to Mr. Trenk, the purchase price is $6.5 million and the
purchasing group contemplates a cash investment of $2.5 million. Mr. Trenk’s interest i4% and he will be investing $100,000, of which $25,000 already has been deposited. Mr. Trenk indicates that there are at least twenty investors and that two of the
investors are law partners of his, Elnardo Webster and Joseph
DiPasquale. In addition, three or four partners in the Bederson
accounting firm are investors. The rest of the participants are
neither law partners of Mr. Trenk nor partners of the Bederson
accounting firm. The intention is that both Mr. Trenk’s law firm
and the Bederson accounting firm will be tenants in the building.

347 Mt. Pleasant Avenue's assessed value is $6,300,000, with an annual property tax bill of $219,271.50 as of 2011.

The building value is the same but the taxes are the same as in 2006. Like I said, a huge tax break !

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Gary Englert

1:09 pm on Wednesday, March 20, 2013

Paul P:

I do not know what alternate universe you inhabit that totally ignores both recent Township history and fundamental mathmatics, to allow you to reach the totally unfounded conclusions that you do.

Quite clearly, it has somehow escaped your notice that the entire Township received a parcel by parcel inspection and property re-evaluation in 2011; bringing them to essentially what were market rates.

At that point in time, the tax rate itself was established at .035% of the assessed value of the property.

347 Mt. Pleasant Avenue was assessed at a value of $6.3 Million at that time and its annual property taxes at 219,271.50, or .035% of that value...as they were for every other property in the Township.

At worst, the investment group paid $200,000 (at the peak of the real estate market) more than the property was valued at in 2011.

Ergo, the "huge tax break" you continue to proclaim is nowhere in evidence.

Paul P

1:39 pm on Wednesday, March 20, 2013

Matt Scola, who was representing West Orange in the early
stages of that litigation, served a set of standard
interrogatories on the attorney for Organon in the tax appeal
proceeding. Question 13 in thestandard interrogatories asked whether the specific parcel ofproperty had been offered for‘sale during the past three years
and, if so, requested information about the terms of any offers, either written or oral, that were received.

That email reads as follows:
We received one verbal offer of $3.5 millionfrom Richard Trenk, who happens to be West
Orange’s attorney for the Prospect Avenue property.

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Gary Englert

3:28 pm on Wednesday, March 20, 2013

Paul P:

So what?

Mr. Trenk (whose law practice has been headquartered in West Orange for years) was interested in the property and submitted an early offer that was not accepted.

This doesn't prove your premise that 347 Mt. Pleasant Avenue enjoyed any tax reduction that Mr. Trenk benefited from.

Paul P

1:43 pm on Wednesday, March 20, 2013

Matt Scola recalled having some concern when he learned about the oifer from Richard Trenk because the offer was less than the assessed value of the Prospect Avenue parcel,

Apparently, nothing transpired after the offer was communicated.when I met with Richard Trenk he confirmed that he had made the offer individually and not in a representative capacity

Matt Scola informed me that in the later part of 2005 the tax appeal file was transferred from him to another attorney named Matthew O’Donnell.

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Gary Englert

1:35 pm on Sunday, March 24, 2013

Paul P:

Again, so what?

Mr. Scola was "concerned" that Mr. Trenk offered to buy the property for less than its assessed value?

Given it was vacant, and Organon was intrested in selling the property and getting out from under the expense of carrying a non-performing parcel, Mr. Trenk made an offer that wasn't entertained.

He tried to get a bargain that simply wasn't to be but, that's what any smart shopper tries to do...whether the purchase involves real estate, a new car or much of anything else.

And yet again, you haven't proved your initial premise: that the investment group of which Mr. Trenk is a partner has received any tax reduction on the property.

They haven't...period.

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