Boro Hit With Taxation Without Representation?
Governor Corzine, as part of his ambitious election year plan to muzzle home rule and balance the budget, has as of June 30, eliminated Rocky Hill’s Board of Education and merged it into that of Montgomery Township.
Rocky Hill was not alone: 13 out of 26 “non-operating” districts, as the Governor is happy to call them, were also singled out for special attention. Their Boards were also merged into other communities with no voter referendum or prior hearing.
“Non-operating districts” had formerly been called “sending” districts, or districts with students but without schools. Sending districts, a term that sounds less parasitic then “non-operating,” contract with receiving districts for schools.
This step, which the Governor’s office says will save the Borough about $37,000 a year, has been done in several stages, culminating in the Juine 30 dissolution of the Rocky Hill Board of Ed., and the appointment of former School Board President Randie Zimmerman, wife of Rocky Hill Mayor Ed Zimmerman, to what had been the nine-member Montgomery Township Board of Education.
In turn, the Township Board of Education has been temporarily transformed into a ten-person board, with the new seat set to expire at the April 2010 School Board elections. After that time, the combined board, to be still called the Montgomery Board of Education, not “Montgomery Regional Board of Education,” will revert to a nine-person board again, with all seats to be chosen during an open election from among Montgomery Township and Rocky Hill residents.
Currently, there are 94 Rocky Hill students attending Montgomery schools. As of the latest census figures, there are 678 Rocky Hill residents; the Township has 23,023. More to the point, there are 13,914 registered Township voters, compared with 450 Rocky Hill voters, “about 30 of which are dead,” noted the Mayor. In an open election, a Borough candidate is unlikely to win against a field of Township residents, resulting, potentially, in no Borough representation on the Montgomery Township Board of Ed.
The disparity in numbers, according to Rocky Hill Mayor Zimmerman, is just part of the problem. “If that were to happen, there would be no oversight once our person is off the Board. If they tell us there are 97 students, who is there to tell us there are really only 94?” Borough taxpayers are charged per pupil for attending Township schools.
“If they take away the rights of Rocky Hill voters, who’s to say that they don’t do it at the municipal level? This isn’t about Montgomery,” Mayor Zimmerman says. “It’s a great system, and we’re happy to be there. It’s about voters’ rights.”
The mayor pointed out that although the figure cited by the Governor as the savings the Borough taxpayers can expect, some $37,000, is more or less correct, “In fact the State won’t let us reduce our school tax to reflect that ‘savings.’ We have to keep paying it anyway.” The $37,000 figure represents about $0.045 tax rate.
But wait, wait, there’s more, as Billy Mays used to say. In the fine print of the official report from Trudy Doyle, the Somerset County school superintendent appointed by Governor Corzine, Rocky Hill taxpayers, have been insulated from paying Montgomery Township’s previously acquired capital debt, of which $72 million was for the new high school. However, if the Township Board of Education assumes new debt for the schools, such as a new roof, buses, repairs, etc., Rocky Hill taxpayers would be required to pay for it, even if there were no Borough representative on the Board.
“And what happens if the Township refinances the old debt? Would that become ‘new’ debt?” Mayor Zimmerman asks. “The result would be that Borough taxes most likely would go up. We just can’t tell. There is a lot of anger in town. A lot of people are angry because Trudy Doyle didn’t hold a single public meeting. Three days before it was released we got a letter saying, ‘you’re finished.’”
In response, the Borough, together with Millstone Borough Board of Education, and former Rocky Hill School Board President Janine Lacava, have brought suit against the Governor.
The Borough claims that the Governor’s actions are invalid on three counts: first, that it violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution; second, that it violates Article 1, Paragraph 1 of the N.J. Constitution; and third, that it violates the fundamental prohibition against “taxation without representation,” as well as “established case law granting municipalities representation on boards of education in school districts where they have a ‘sending-receiving’ relationship.”
The plaintiffs have asked the Courts to place an injunction against the State, preventing the State Dept. of Education from enforcing the legislation, and enjoining them from dissolving the Rocky Hill Board of Education, as well as that of Millstone Borough.
The courts will hear the challenge in late September. Meanwhile, Randie Zimmerman will be sworn in to the Montgomery Board of Education at the late August Board Meeting as the paper goes to the printer.
Report From Rocky Hill - January 2010
Borough voters spoke on Dec. 8 when they rejected the Montgomery Township schools referendum, 52 to 41. However, the Referendum was approved, as the total vote was 1032 to 868. Unless things change this will oblige Borough voters to pay an additional $94 a year for the next fifteen years.
On the other hand, if the Referendum vote failed, school taxes would have risen to the 4% cap anyway, as the repairs and modifications the Montgomery Township Board of Education proposed were unavoidable. Because the MTSB would have been limited by the Cap, the only way repairs could be made would be to layoff personnel, according to School Superintendent Earl Kim. Repairs include things like replacing 35-year-old roofs, replacing an aging air conditioning system with one that will pay for itself over time in energy efficiency, and so on. The difference is, that because voters approved the $24 million Referendum, the State says it will contribute more than $9 million, thus obliging the taxpayers to pay only $14+ million over time.
Mayor Zimmerman said in response, “On a personal level, I’m glad it passed. It’s good for the kids. But it proves that down the road, Rocky Hill doesn’t have a chance when we’re 5% of the turnout. What rights do the voters have?
“Voters are still angry that the school board was taken from them. A pretty significant number of voters this time were seniors. When it comes to a referendum on taxes, seniors come out. Younger voters tend to think, ‘What’s another $100 as long s my kids get a good education?’”
Meanwhile, Montgomery has returned the approximately $160,000 which the Rocky Hill Board of Ed. had in reserves, but which the State ordered it to turn over to the Township.
Borough Committee met in Executive Session during the Dec. 21 meeting to discuss what to do with the returned money (and also, discussed the issue of the Montgomery Township/Rocky Hill sewer agreement). For now, the Borough will put the funds into a surplus fund. Depending on what the courts decide regarding the School Board, it could go back to a reconstituted school board, or, if the court says the school board dissolution is lawful, the Borough could keep it as surplus municipal funds, according to Mayor Zimmerman. “It will allow us to avoid raising taxes next year,” he says. “Since the Borough used the surplus as collateral when it borrowed the money for the new fire truck , it will allow us to pay the loan back a little bit sooner.”
In one anomaly, since the one paid Borough school board employee who was responsible for filing official forms with the State had been summarily sacked, no one filed an annual employee form with the Dept. of Labor when it was due during the summer. The Department of Labor, in turn, has fined the Township Board of Ed. for the failure to file the form in a timely manner. Montgomery will be negotiating with the State, but expects the Borough to pay it. And the beat goes on.
The court hearing on the lawsuit the Borough brought, along with Millstone Borough, against the State had been continued to Dec. 22, but as we go to the printer, it has been postponed yet again, to either the first or second week in January 2010.
. If the court renders an injunction as the Borough has asked it to, restoring the Rocky Hill School Board, then the Referendum may be on shaky legal territory. Stay tuned.
Meanwhile, in a mercifully short Borough Council session on Dec. 7, Council had a moment of silence in memory of life-long resident Jean Bianco, and former Zoning Officer Larry Raffaelli, both of whom passed away during November.
The Borough received a $20,000 grant to perform work suggested by the energy audit on Borough Hall.
Three new towing licenses were approved by the Borough on Dec. 7, for Dependable Motors in Somerset, Stewart’s Towing in Belle Mead, and Somerset Hills Towing in Bridgewater. This will give more choices to the South Bound Brook Police Dept. for towing vehicles seized during Rocky Hill traffic stops. Some drivers had complained with good reason, that their cars were being impounded in distance garages with large towing fees due to mileage.
During the Dec. 3 traffic court session, 12 moving violations were settled, with a total of $1480 in receipts, with the Borough’s share, $281.
A 5x5 foot patch of new asphalt was dug up during the past month to repair a burst waterline on Hickory Court. It may be possible, Council noted, for a permanant road patch to be done during warmer weather. The road had just been resurfaced during the fall.
On Dec. 7, Council introduced an ordinance to set a $2,250 fee for hooking into a municipal sewer line.
In a note on shared municipal services, Borough Enginerr Bill Tanner noted that Montgomery Township has leaf pickup equipment and used it to pickup leaves for Millstone Township. He noted that the Township didn’t actually use this equipment on their on own streets and wondered what they had it for. This naturally led to the idea that perhaps the Township could be persuaded to give the Borough a better deal than the one we got from a private contractor.
Speaking of shared services, the Montgomery Township and Rocky Hill Shade Tree Commissions (one of each) met jointly to discuss planting trees in Van Horne Park in response to some trail walkers and others who complained of lack of shade. They want to spend $25,000 to plant trees and asked the Borough for $2,000.
Borough Committee noted that during the Park construction, there had been a separate Park Committee that also met on this subject, with somewhat different results. Committee suggested that the Shade Tree Committee consult with a proper landscape architect before placing the trees, as improper placement could block site lines for parked cars, whose occupants would be watching their children in the playground. Also, they pointed out that if the Township wanted to spend $25,000 of the taxpayers money, that’s one thing, but the request for $2,000 from the Borough was just that – a request, with no legal requirement that the Borough pay it.
Bill Hallman and Courtney White were both thanked for their service on Borough Council. Their terms end on Dec. 31. The Borough reorganization meeting will be on January 4 at 7:30 pm.
Rocky Hill Borough Council meets on the first and third Mondays of each month at 7:30 pm at Borough Hall on Montgomery Avenue. For more information online, www.rockyhill-nj.gov.
Rocky Hill Board of Ed Et Al V. State of NJ Gets Hearing On Jan 11
Lawyers representing the former Rocky Hill Board of Education, the Millstone Board of Ed., and the State of New Jersey presented oral arguments on January 11 in the Borough’s suit to restore the Borough Board of Ed. and declare null and void the State law dissolving the school boards of some 14 state municipalities.
These former Boards of Education, along with 12 others not involved with the suit, were merged into various receiving districts in June, 2009, after the State passed a law that forced “sending” school boards such as Rocky Hill into “receiving” districts such as the Montgomery Township Board of Ed. This was done as part of former Governor Corzine’s attempt to reduce local school taxes. Judge Allison Acurso, who rendered the Pulte/Schafer Tract decision for Rocky Hill last spring, heard arguments in the complex case.
According to Mayor Zimmerman, the judge seemed to think the law dissolving Rocky Hill’s Board of Ed. is wrong, but was struggling to find a reason to find it unconstitutional. She raised a number of concerns, such as, if the law fails, what happens to the recent referendum approving capital expenses for the merged school board? If the issue of assessment is to be decided by voters, should it be jointly, or separately?
Mayor Zimmerman thought that the judge was also struggling with the issue of whether the current board is a regional board or a consolidated board. If it is regional, then shouldn’t Rocky Hill have a permanent seat on it?
Judge Acurso gave attorneys for both sides two weeks to file briefs.
She seemed, Mayor Zimmerman said, “Thoughtful and fair, and our attorney did a great job.” The mayor expects a decision some time before the Board of Ed. elections in April, when Rocky Hill’s appointed seat would, under the new law, expire. “Merger isn’t a bad thing as long as Rocky Hill is represented on the Board,” he said.
One consequence of the merged Montgomery/Rocky Hill district was a $24.3 million referendum held in November, approved by a majority of Montgomery voters - but voted against by a majority of Rocky Hill voters - which will permit Montgomery to perform long need capital improvements on Township schools. For the first time, it will require taxpayers in Rocky Hill, which has no ownership stake in Township schools, to pay for these improvements. This will increase Montgomery Township school bills by $163, and Rocky Hill taxpayers to pay an additional $94 a year. If Township taxpayers had to pay for these capital expenses without Rocky Hill’s help, it would add an additional $2 to their average school tax bill.
There had been 28 sending communities in the state before the law. Some 14 were singled out for special attention under the law because all of their students went to a single school, such as the case with Rocky Hill and Montgomery. The other 14 send lower school students to one receiving district, and upper school students to another, a complexity that legislators were unable to deal with in their shotgun-marriage approach to civic management.
The new law required sending communities for the first time in New Jersey history, to pay for capital improvements in schools owned by the receiving districts, thus increasing taxes for the sending districts.
The law also artificially created a single seat on the Township Board of Ed, which will expire in April. Former Rocky Hill Board of Ed. President Randie Zimmerman was appointed by the Governor to that seat. That tenth seat on what had been a 9-person school board will expire in April. After that, all members of the Township School Board will have to be elected in a general election. There would be no guarantee of Rocky Hill representation on the MTSB in future elections if the law stands. Some voters in Rocky Hill think of this, with good reason, as “taxation without representation.”
Many former Rocky Hill and Montgomery students happily recall attending schools in their own communities up to eighth grade, but going to Princeton High School in the days before MHS was built. (See our story about Toby Whitlock).
Currently, there are 94 Rocky Hill students among the more than 5,000 students in Township schools.
Monzo Appointed Rocky Hill CFO
At last nights council meeting Joe Monzo, Interim CFO of Rocky Hill since the sudden death of G. Ross Bobal in October, was appointed to a four year term as CFO. Joe currently is also the Deputy Manager and CFO of South Brunswick and CFO of Mansfield Township in Burlington County. Joe is the husband of Kathryn Monzo, CFO of Princeton Township.
A search committee made up of Council President Linda Goldman, Councilman Jim Banks and Borough Clerk Donna Griffiths reviewed approximately 10 candidates and submitted their recommendations to the Mayor. It came down to two very qualified and very talented candidates.
Joe formerly held the position of Acting Director of the Division of Government Services in NJ Department of Community Affairs. His experience will be especially helpful as we weather what could be some very difficult times coming from Trenton.
Meet Raymond "Toby" Whitlock, Jr. - A True Citizen of Rocky Hill
Over coffee at The Bagel Barn on a bitter cold, late December morning, Ray "Toby" Whitlock shared with me his story of a full and productive life centered in and upon the small town of Rocky Hill, New Jersey.
Born and bred there, you could say, but Whitlock is very accurate with his information. He says, "Technically I was born in Trenton - in St. Francis Hospital - but I was only in Trenton for four days. Rest of my life in Rocky Hill."
As his story unfolded, I thought, civic responsibility and participation were apt terms to describe his life's work: He's a former Mayor of Rocky Hill, councilman, current Borough clerk, member and past chief of the fire company, member of the Planning Board, a member and past Master of the Princeton Masonic Lodge, and the list goes on.
These commitments to local governmental service spans forty to 50 years of his life; and all this activity was and is in addition to his "day" job in the heating oil industry with Nassau Oil and Valley Oil. "I enjoy it," he says quite simply of his civic involvement.” Just serving with government. I do what's right for the town."
The story is intergenerational as well. The Whitlock family's presence and contributions to Rocky Hill now spans some five generations, (including his son, a member of the fire department, and the oldest granddaughter Megan, now a teenager, who thinks she too might like to join the fire company). The family's story reflects a portrait of local history as well as civic engagement.
Of Irish-American heritage, the Whitlock's found their way to Rocky Hill in the early part of the Twentieth Century. Whitlock's father was four years old when he moved to Rocky Hill. He says, "My grandfather moved from Jersey City to Rocky Hill in 1918 to be the conductor on the Rocky Hill passenger train, from 1918 to 1923. The station was down by the canal at 518. The tracks were on the east side of the canal and connected to Monmouth Junction to the main line going from New York or Philadelphia. They stopped the passenger trains in 1923, but the freight trains continued into the 60's and 70's. "
Whitlock says, "My father was involved in Rocky Hill. He was municipal clerk for 29 years.” His father was also chief of the fire department. His grandfather was civically involved as well, serving as police chief.
As a child, Toby Whitlock had attended school in Rocky Hill. He says, "The Rocky Hill municipal building was where the school was. Up to the third grade you had to go outside (when you needed a bathroom)."
From seventh grade on, the Rocky Hill children attended the Princeton schools. After graduating from Princeton High School, Whitlock attended Rider University where he majored in history and minored in sociology. "I worked at the A&P food stores all through high school and college."
After finishing his degree at Rider, Whitlock went into the army, then the army reserve, married his wife Barbara in 1963 and went on to work for the Trap Rock Industries. He recalls, "I lost the job at Trap Rock; they sold the company. The mayor of Rocky Hill asked if I'd be interested in working at Nassau Oil. I started as a truck driver and worked my way up to the sales division."
In October of 2007 he declared himself retired. Whitlock says, "I waited a little bit. I miss the people I worked with. You're so dang busy, you wonder how you put in forty hours or more. Now it's a more relaxed and comfortable pace."
In the height of the winter, the Whitlock's travel to Florida; but then return to Rocky Hill where their son and daughter who married locally, and five grandchildren choose to spend time with them. Every July 4th, the couple has a party at their home, just as his mother and father had done. The original seven sisters and two brothers and multiple cousins reunite for a large family celebration.
Since retirement, Whitlock is still involved with Rocky Hill. He's also now the zoning official and gives quite a bit of time to the fire department and the Masonic Lodge. He also serves on several committees.
One area of his interest is affordable housing. Since that is an interest of mine as well, I listened with great attention to his views. He says, "Affordable housing, I’m not sure. It could be run on a smaller scale. The state is telling everybody what to do. The state should be more of a guide, not an enforcer. "
Report From Rocky Hill - December 2009
Anyone needing a reminder of why traffic in Rocky Hill needs to slow down had it when life-long resident 91-year-old Alice Querec was struck crossing at the intersection of Crescent and Washington Roads near Panicaro Park during rush hour on November 9. She suffered from nine broken ribs during the accident, during which the driver was reportedly only doing about ten mph. The problem for many drivers is that the crossings AT intersections aren’t illuminated enough at night to clearly indicate that a pedestrian is trying to cross at that location. Also, during rush hour or otherwise, many drivers simply do not yield for pedestrians waiting to cross. Since this is a County road, the County will have to authorize and install any improvements. Perhaps its time to remind them that Borough taxpayers pay more for County taxes than for municipal property taxes.
One suggestion is a “demand” light, which pedestrians use to cross busy intersections. By pushing a button, it starts a flashing yellow light. There is one in Princeton at the canal crossing on Alexander Rd. The difficulty is that they cost about $60,000 per intersection. Is that too much to pay for a Rocky Hill life?
Borough Council appointed Joseph Monzo as the new interim CFO following the unexpected death of former Borough CFO Ross Bobal who died suddenly on November 3 after 13 years service to the Borough. The new CFO attended the November 16 Council meeting, and thanked Council for his appointment. He noted a few improvements to be made tin the Borough system, but that it was otherwise all in order.
Mayor Zimmerman thanked Borough firemen and members of the First Aid Squad during the Nov. 2 Council meeting for “the outstanding job lighting up intersections and patrolling” during the incident-free Halloween The fire house was open with a ready supply of coffee, apple cider and donuts for the many children and their parents.
The Borough received a $15,000 youth athletics grant from the Freeholders to be used for the parks. Among the projects mentioned is a light for the flagpole at Panicaro Park and automatic timed locks for the bathrooms at Van Horne Park.
Montgomery Township School Superintendent Earl Kim stepped into the lion’s den when he addressed the Rocky Hill Borough Council on Nov. 16. Appearing with MTBE President David Pettit and Board Vice President Charley Jacey, he brought a wealth of information to Council in support of his plea for Borough voters to approve the December 8 School Referendum. Mr. Kim noted the appearance of signage in the Borough protesting the dissolution of the Borough school board, and said, “You know, if I were a Rocky Hill resident, I’d feel the same way.” He said that voters will receive official notification of the referendum some two weeks before the election, but the vote will take place at Borough Hall, from 7 am to 8 pm.
The Referendum (see our story “Referendum” and Referendum Sidebar”), will ask voters to approve a $14 million dollar bond issue which for the first time, will also include Rocky Hill Borough voters, so don’t throw away those letters about “Montgomery Township referendum Vote” from the County. The State will pony up $9 million toward total costs, which will total some $24.3 million. The work to be done includes replacing 35-year-old roofs, ancient, inefficient heating and air conditioning, and a host of health and safety issues which will result in savings, “Over the next 15 or 25 years,” for both Montgomery Township and Rocky Hill taxpayers. So, pay now or pay later.
Mr. Kim noted that this is the best time for this work, as debt service costs are at the lowest level in years, and contractors’ bids are likely to be lower than they have in a long time as well, thanks to the recession. “Also, the money is available from the State.” That might not be the case if MTBE has to go back again and reapply for it.
He noted that if the referendum is rejected by voters it will mean that repairs, which have to be done in any event, can only be paid for otherwise by making major cuts in ordinary operating expenses. 70% of the cuts will be staff (teachers, administrators, other personnel), 20% from Special Ed. programs, and 10% from co-curricular expenses (such as the football team, Science Olympiad, clubs, band, robotics, etc.). The difficulty in eliminating teachers’ jobs, he noted, is that, because of the 4% cap, once those jobs are gone, they are very hard to restore.
Mr. Kim went on to say that even though Borough taxpayers will be saddled with $94 in extra costs in next years tax bill, the cost would be greater if the referendum was rejected. He noted that quite a bit of detailed information is available on the School Board website, www.mtsd.k12.nj.us/montgomerytsd/site/default.asp.
Borough Council listened respectfully, but had a few questions of their own. Mayor Zimmerman led off by saying that the Referendum is probably a good thing and made perfect sense – “but for Montgomery taxpayers.” He pointed out that Rocky Hill officials resented the suggestions raised on a number of occasions by some current members of the Township school board (who should know better) that “Rocky Hill hasn’t been paying its fair share.” He pointed out that in fact, Rocky Hill has been billed at a higher per-pupil cost over the years by the State than the actual cost for Township students and could be thought of as actually subsidizing the Township, and he questioned the formula used to compute costs for the Referendum. He noted that the Township taxpayers will be billed an extra $164, but wondered how they came up with that number, as the ratio of average home prices in the Township and the Borough is differed markedly. He also made it clear that the number of students from Rocky Hill in the schools (94 this year) hadn’t changed much, but it had gone up by thousands from the Township (total census of 5,000+). “Any growth in the schools is from the Township, not Rocky Hill. We’ve only had four new homes in the past 35 or 40 years.”
Mayor Zimmerman also went on to say that when the take-over took effect in June, the State forced Rocky Hill to hand over the Borough’s $185,000 reserve which had been ear-marked for schools, and had been the result of prudent savings by the Borough’s school board over the years; and that even though Montgomery refused to accept it until forced to by the Somerset County Board of Ed., it had done so and was now sitting on it. This amounts to about $6,000 per Rocky Hill home, he noted. The mayor remarked that Borough voters were far more likely to approve the Referendum if this money was returned to the Borough. “It’s asking a lot of voters to approve $94 a year increase when you’re holding onto our $185,000.”
Finally, he noted that the real sign of where the Borough stood with MTBE was the fact that the school board website hadn’t even listed Randie Zimmerman, the Rocky Hill representative appointed by the governor in June. “For personal reasons, that rankles,” he said.
He made it clear that previous Township school votes had often been settled by fewer that 100 votes and that Rocky Hill voters, “Probably all 400 of them,” would make a difference, “one way or the other.” He said that this could bring them all out for the first time ever.
Borough Clerk Toby Whitlock noted that the Township schools “are a pretty good deal. We’d never be able to do as well someplace else.”
The only time for voters to protest the Referendum is during the MTBE meeting on Nov. 24 (before this is published) or during the Dec. 7 Rocky Hill Council meeting (the night before the election).
A November 4. Court hearing on the issue of Borough schools has been postponed indefinitely; future date to be announced. Hard times for hard choices.
Meanwhile, the Borough noted the election of Robert F. Steen and Jeff Donahue to Borough Council, to begin Jan. 1. They will be replacing Courtney White and William Hallman, whose terms expire this year.
During October, the Borough settled 20 moving violations, resulting in a total collection of $4,193, of which the Borough’s share was $830.83. The next court is Dec. 2.
There was some discussion about the Constables job description, which is best described as “flexible,” but all agreed that he reports to the Borough Council Chairman of the Public Safety Committee, or the incident commander in an emergency, such as a fire or car accident. There is currently one candidate for an open position. The workload averages about four hours a week, according to Constable Al Chini.
The Borough may be insurance company shopping now that Bollinger’s has moved from Princeton.
Borough Engineer Bill Tanner discussed the need to trim back hedges and trees at a number of intersections to improve driver safety, but noted that one homeowner might be reluctant. Her landscaper had been told by a County employee to trim the hedges, which he did, but then billed the homeowner, who was furious. Who could blame her? Mr. Tanner noted that even though the homeowner “is hostile to the suggestion,” the bushes had to be cut back anyway, “as it is a health and safety issue.” The mayor and Mr. Tanner will speak with the homeowner.
The Board of Health responded to why some residents were charged $25 each for shots during the seasonal flu clinic. Apparently, the County Board of Health, which is now responsible, farmed it out to an outfit that hadn’t been informed that Borough residents usually get these for free. Although refunds aren’t likely, next year the shots will be free again. There has been no date set for Swine Flu shots, but vaccine has become available. Swine Flu shots will be free, as required by Washington
A borough trash pick-up service is up for bid, with the possibility that homeowners may have to provide their own barrels, if that should prove cheaper. The current arrangement, in which the trash service provides a wheeled cart, is cheaper so far, as the vender can use a one-man truck with an automatic pickup arm, saving him the cost of a second man.
The final leaf pick-up is Dec 7.
The Holiday Tree Lighting is Dec. 6 at the A my Garrett House, from 4 to 6 pm.
Rocky Hill Borough Council meets on the first and third Mondays of each month at 7 pm at Borough Hall on Montgomery Avenue. For more information online, www.rockyhill-nj.gov.
Rocky Hill Borrough Website
http://www.rockyhill-nj.gov/
Report From Rocky Hill November 2009
Mayor Zimmerman noted at the beginning of the Oct. 5 Rocky Hill Borough Council meeting, a letter to residents that went around during September from the Rocky Hill Committee for Responsible Growth.
Despite losing at every turn in the courts and a major recession during which no new homes have been built anywhere at all, the RHCRG, according to this letter is happy to take credit for stopping construction of the Schafer Tract construction project. That project would have brought in large, age-restricted housing, and not coincidently, lower property taxes for Rocky Hill taxpayers. The mayor noted that the group failed to mention the $45,000 (and rising) legal fees which Borough taxpayers have so far absorbed while successfully fighting this suit, costs that will average $180 per home this year.
Meanwhile, the issue of the governor’s disenfranchisement of the Borough Board of Ed continues to wind it’s way through the courts, with a hearing rescheduled for the day after Election Day.
The Montgomery Township Board of Ed meanwhile, is planning to schedule a public session to make voters aware of the issues involved with the Dec. 8 referendum. The referendum is an attempt to raise some $14.8 in bonds to pay for capital improvements to the schools. Unless the courts decide otherwise, Rocky Hill will be expected to contribute to Montgomery Board of Ed. capital expenses at a cost of $94 a year per home for the next 15 years. This referendum, we are told, will save taxpayers money over the long run because of energy saving measures it will pay for. Previously, contributing districts such as Rocky Hill never had to pay for capital costs incurred by the receiving district.
When the Township Board met however, it failed to note the addition of Borough voters as part of the notification process, and had to be reminded. No such notification has been officially issued as of late October, nor has the Borough Clerk been notified of the planned referendum, nor where and when Borough voters can expect to take part in this putative exercise in “democracy.”
The Mayor noted that during an October Township Board of Ed meeting, several of its members were remarkably snarky on the subject of “Rocky Hill taxpayers paying their fair share” of Township costs. The Mayor had to remind them, “The referendum is likely to be a close vote and they will need Borough votes if they want it to succeed.” Previous Township School Board budget votes sometimes passed or failed by fewer than 100 votes, and Rocky Hill voters will make a difference one way or the other.
One question which arose during the Council meeting was: if the school population should decline over the years and the Montgomery Board of Education were to sell surplus property at a later date, would Rocky Hill, having contributed to its refinanced costs, share in that sale? “Probably not,” said Mayor Zimmerman.
Meanwhile, Rocky Hill received a letter from the State absolving the Borough from any legal issues which could arise from the previous requirement that school fees be paid by the Borough to the Borough Board of Ed, which then would pay the Township Board of Ed. CFO Ross Bobal reports that part of the issue is that there has yet to be an official notification from the State to Montgomery or Rocky Hill defining the terms of what amounts to a shotgun wedding. As a consequence, the Borough had not paid the Montgomery Board of Ed. for the past several months of school bills, which could account for some of the Township’s snarkiness.
“It’s as legal as if Rocky Hill told Montgomery, ‘Give us your money.’ This was done in the dead of night and is one of the things the State didn’t think about,” according to Mayor Zimmerman.
However, the letter did not officially declare the former Board of Ed. null and void, nor has such notification been given, pending resolution of the Borough’s suit against the State. No one on Borough Council has any idea of what will happen with the referendum if the Borough wins in the courts, other than the Township will have to refigure their numbers. Such a loss could cost Township taxpayers approximately $2 per home. Big deal.
However, if the Borough loses in the courts on the issue of the disenfranchised school board, Council is hoping that it will at least have a dedicated seat on the Montgomery Board. The usual model calls for proportional representation, which will be unusual, as there are currently 94 students from Rocky Hill and some 3,000 from the Township. That works out to, roughly, a leg to stand on in the Township. The Borough currently has one seat filled by Randie Zimmerman, a seat set to expire at the end of April 2010.
The Engineer’s report noted that the new sidewalks are nearly finished, with the exception of a few spots, such as one home where the new sidewalk covered the water shut-off. That work will be redone soon, probably by the time this is published.
Barbara Walsh has been appointed to be the new affordable housing manager.
Council passed several other ordinances also, including an ordnance with new regulations for the Park’s; an ordnance regulating dogs and cats; and an ordnance to pay $30,155 to Appraisal Systems, Inc., which won the bid to perform the new property revaluation. “There are a lot of things we do that we get a pat on the back and lots of approval,” Mayor Zimmerman noted. “This isn’t one of them.”
Council pointed out that the property revaluation should be done at 10-year intervals, and the last was done 12 years ago. Also, a proper revaluation will result in homes valued for tax purposes at 100% of their correct value. Currently, according to Tax Collector George Sopko, Rocky Hill homes are valued at less than 50%. The revaluation is required by the County Tax Board, which ordered the assessment three years ago. The Borough successfully sought postponements until this year, when property prices may actually be lower than they were a year ago.
The appraisers will visit every home and inspect them inside and out, measuring house dimensions, number of bedrooms, bathrooms, recent renovations ands additions, and such intangibles as “condition and quality.” They will also gather data such as recent home sales. This will be likely to draw a number of objections from taxpayers whose appraisals show their homes to be of greater value than neighbors with similar property. Taxpayers will have a chance to appeal, and there will be a public session before work begins. The work will have to be done by August or September 2010 to meet an October deadline.
“Some homes will go down, some up, some remain the same. For most, the tax bill will remain the same,” Mayor Zimmerman said. “Hold off on improvements until after the reval” At the end, a tax map will be available for comparison. “No secrets, here,” the mayor noted. Hold onto your hat.
During the Oct. 19 session, Mayor Zimmerman reported that the Borough received a $125,000 grant from the County for roadwork on Montgomery Avenue. He noted that during the past three years, the Borough has received about $600,000 in grants to fund Borough projects.
There were 39 moving violation cases disposed of during September in the court, with the Borough receiving $753. There will be no November court session, and the December court will be on the Dec. 9.
Borough residents drew 2.2 million gallons from well #2, with no problems with water delivery or quality.
Council noted that passing of lifetime resident Emma O. Cahill at the end of September.
The Rocky Hill Community Group is selling historic photos of Rocky Hill in a number of formats, including photographic prints, mugs, mouse pads, and refrigerator magnets. The sale is a fundraiser for the group. Your home or relative may be shown among the photos, some of which are extremely interesting, so go online and have a look at rhcg.smugmug.com.
The Rocky Hill Reformed Church will be holding it’s annual Lasagna Dinner and Bake Sale on Nov 14, from 5 to 8: adults $13 (two for $25), children 13 and under $8; and children under 5 for free.
Leaf pickup dates are set for Oct. 26, Nov 9, 23, and Dec. 7.
The Veterans Day Ceremony is on Nov. 8 at 1 pm at Panicaro Park, rain or shine.
Rocky Hill Borough Council meets on the first and third Mondays of each month at 7 pm at Borough Hall on Montgomery Avenue. For more information online, www.rockyhill-nj.gov.
Veterans Day Ceremony Nov 8
Rocky Hill will be holding the Veterans Day Ceremony on Nov. 8 at 1 pm at Panicaro Park. Although the actual date is Nov. 11 at 11 am, Borough Council felt that it would be more likely to draw more people on Sunday, Nov.
Historic Rocky Hill Prints For Sale
The Rocky Hill Community Group is sponsoring the sale of historic photos collected over the years of Rocky Hill homes, buildings, events, and residents. The photos will be available as photographic prints, printed coffee mugs, mouse pads, and refrigerator magnets.
The sale is for the benefit of the Rocky Hill Community Group and are available for viewing online at rhcg.smugmug.com.
Report from Rocky Hill - Nov 2009
Mayor Zimmerman noted at the beginning of the Oct. 5 Rocky Hill Borough Council meeting, a letter to residents that went around during September from the Rocky Hill Committee for Responsible Growth.
Despite losing at every turn in the courts and a major recession during which no new homes have been built anywhere at all, the RHCRG, according to this letter is happy to take credit for stopping construction of the Schafer Tract construction project. That project would have brought in large, age-restricted housing, and not coincidently, lower property taxes for Rocky Hill taxpayers. The mayor noted that the group failed to mention the $45,000 (and rising) legal fees which Borough taxpayers have so far absorbed while successfully fighting this suit, costs that will average $180 per home this year.
Meanwhile, the issue of the governor’s disenfranchisement of the Borough Board of Ed continues to wind it’s way through the courts, with a hearing rescheduled for the day after Election Day.
The Montgomery Township Board of Ed meanwhile, is planning to schedule a public session to make voters aware of the issues involved with the Dec. 8 referendum. The referendum is an attempt to raise some $14.8 in bonds to pay for capital improvements to the schools. Unless the courts decide otherwise, Rocky Hill will be expected to contribute to Montgomery Board of Ed. capital expenses at a cost of $94 a year per home for the next 15 years. This referendum, we are told, will save taxpayers money over the long run because of energy saving measures it will pay for. Previously, contributing districts such as Rocky Hill never had to pay for capital costs incurred by the receiving district.
When the Township Board met however, it failed to note the addition of Borough voters as part of the notification process, and had to be reminded. No such notification has been officially issued as of late October, nor has the Borough Clerk been notified of the planned referendum, nor where and when Borough voters can expect to take part in this putative exercise in “democracy.”
The Mayor noted that during an October Township Board of Ed meeting, several of its members were remarkably snarky on the subject of “Rocky Hill taxpayers paying their fair share” of Township costs. The Mayor had to remind them, “The referendum is likely to be a close vote and they will need Borough votes if they want it to succeed.” Previous Township School Board budget votes sometimes passed or failed by fewer than 100 votes, and Rocky Hill voters will make a difference one way or the other.
One question which arose during the Council meeting was: if the school population should decline over the years and the Montgomery Board of Education were to sell surplus property at a later date, would Rocky Hill, having contributed to its refinanced costs, share in that sale? “Probably not,” said Mayor Zimmerman.
Meanwhile, Rocky Hill received a letter from the State absolving the Borough from any legal issues which could arise from the previous requirement that school fees be paid by the Borough to the Borough Board of Ed, which then would pay the Township Board of Ed. CFO Ross Bobal reports that part of the issue is that there has yet to be an official notification from the State to Montgomery or Rocky Hill defining the terms of what amounts to a shotgun wedding. As a consequence, the Borough had not paid the Montgomery Board of Ed. for the past several months of school bills, which could account for some of the Township’s snarkiness.
“It’s as legal as if Rocky Hill told Montgomery, ‘Give us your money.’ This was done in the dead of night and is one of the things the State didn’t think about,” according to Mayor Zimmerman.
However, the letter did not officially declare the former Board of Ed. null and void, nor has such notification been given, pending resolution of the Borough’s suit against the State. No one on Borough Council has any idea of what will happen with the referendum if the Borough wins in the courts, other than the Township will have to refigure their numbers. Such a loss could cost Township taxpayers approximately $2 per home. Big deal.
However, if the Borough loses in the courts on the issue of the disenfranchised school board, Council is hoping that it will at least have a dedicated seat on the Montgomery Board. The usual model calls for proportional representation, which will be unusual, as there are currently 94 students from Rocky Hill and some 3,000 from the Township. That works out to, roughly, a leg to stand on in the Township. The Borough currently has one seat filled by Randie Zimmerman, a seat set to expire at the end of April 2010.
The Engineer’s report noted that the new sidewalks are nearly finished, with the exception of a few spots, such as one home where the new sidewalk covered the water shut-off. That work will be redone soon, probably by the time this is published.
Barbara Walsh has been appointed to be the new affordable housing manager.
Council passed several other ordinances also, including an ordnance with new regulations for the Park’s; an ordnance regulating dogs and cats; and an ordnance to pay $30,155 to Appraisal Systems, Inc., which won the bid to perform the new property revaluation. “There are a lot of things we do that we get a pat on the back and lots of approval,” Mayor Zimmerman noted. “This isn’t one of them.”
Council pointed out that the property revaluation should be done at 10-year intervals, and the last was done 12 years ago. Also, a proper revaluation will result in homes valued for tax purposes at 100% of their correct value. Currently, according to Tax Collector George Sopko, Rocky Hill homes are valued at less than 50%. The revaluation is required by the County Tax Board, which ordered the assessment three years ago. The Borough successfully sought postponements until this year, when property prices may actually be lower than they were a year ago.
The appraisers will visit every home and inspect them inside and out, measuring house dimensions, number of bedrooms, bathrooms, recent renovations ands additions, and such intangibles as “condition and quality.” They will also gather data such as recent home sales. This will be likely to draw a number of objections from taxpayers whose appraisals show their homes to be of greater value than neighbors with similar property. Taxpayers will have a chance to appeal, and there will be a public session before work begins. The work will have to be done by August or September 2010 to meet an October deadline.
“Some homes will go down, some up, some remain the same. For most, the tax bill will remain the same,” Mayor Zimmerman said. “Hold off on improvements until after the reval” At the end, a tax map will be available for comparison. “No secrets, here,” the mayor noted. Hold onto your hat.
During the Oct. 19 session, Mayor Zimmerman reported that the Borough received a $125,000 grant from the County for roadwork on Montgomery Avenue. He noted that during the past three years, the Borough has received about $600,000 in grants to fund Borough projects.
There were 39 moving violation cases disposed of during September in the court, with the Borough receiving $753. There will be no November court session, and the December court will be on the Dec. 9.
Borough residents drew 2.2 million gallons from well #2, with no problems with water delivery or quality.
Council noted that passing of lifetime resident Emma O. Cahill at the end of September.
The Rocky Hill Community Group is selling historic photos of Rocky Hill in a number of formats, including photographic prints, mugs, mouse pads, and refrigerator magnets. The sale is a fundraiser for the group. Your home or relative may be shown among the photos, some of which are extremely interesting, so go online and have a look at rhcg.smugmug.com.
The Rocky Hill Reformed Church will be holding it’s annual Lasagna Dinner and Bake Sale on Nov 14, from 5 to 8: adults $13 (two for $25), children 13 and under $8; and children under 5 for free.
Leaf pickup dates are set for Oct. 26, Nov 9, 23, and Dec. 7.
The Veterans Day Ceremony is on Nov. 8 at 1 pm at Panicaro Park, rain or shine.
Rocky Hill Borough Council meets on the first and third Mondays of each month at 7 pm at Borough Hall on Montgomery Avenue. For more information online, www.rockyhill-nj.gov.
Report From Rocky Hill - Oct 2009
The Court has postponed the hearing in the case of Rocky Hill and Millstone Boards of Education against the State of New Jersey from Sept. 18 to November 4 – the day after Election Day. “Surprise, surprise,” said Mayor Zimmerman. The September 18 date, on which it would have been heard, was 264 years after the “Horseneck Riots” (see our story on “Home Rule And How It Happened). This decision is likely be appealed no matter which way it is decided. However, if the Court issues an injunction as attorneys for the Borough have asked, it could result in the reinstatement of Rocky Hill’s Board of Education.
Among the oddities of the current state of affairs is the possibility, as Mayor Zimmerman points out, that issues and conflicts in the joint Board of Education are, under the law, to be referred to the “governing body.” But what governing body, Rocky Hill or Montgomery? And another possibility – just as it is likely that Rocky Hill could, under an “open and general” voting scheme (a word used in the pejorative sense), have no representation on the combined school board after April 2010, it could also happen that no one in Montgomery felt compelled to run for a seat on the Board. It could happen that only Rocky Hill residents run for seats and “take over” the joint board. That could result in Rocky Hill residents deciding questions of capital debt for Montgomery taxpayers. Not likely, but it could happen, and it wouldn’t be pretty.
Speaking of capital debt, Montgomery is already asking its taxpayers – but not Rocky Hill’s – to approve a $24.3 referendum in a Dec. 8 vote (See our story “Board of Ed Plans December Bon Referendum”). This will saddle Rocky Hill taxpayers with $94 per year for an additional 15 years. Ouch – get out of my pocket! Is this legal? When will be notified? And where will we vote? “I don’t know,” admitted Mayor Zimmerman. “Ordinarily, the Borough Clerk would notify Borough voters of where and when to vote. She hasn’t been notified officially at all.
“I was at the meeting were they decided to approve the referendum. It took them 30 minutes. It would wipe out any $30,000 a year savings that the Borough is supposed to have saved during this merger. There would be absolutely no savings for Rocky Hill taxpayers. We don’t even know where the polling place will be. As of this point Rocky Hill has never been officially notified in writing by the State, even of the merger. I must say in all fairness, that the referendum is probably a good thing to do, and a good time to do it, as it will provide grant money from the State, and construction costs are low, as long as Montgomery was willing to go ahead with it on their own.
Under the old system, Rocky Hill would not have been responsible for Montgomery capital improvements. If Township taxpayers had to pay for this on their own without help from Rocky Hill it would cost them an additional $2 a year for each unit.”
Another real problem has arisen: the Borough had been issuing a check every two months for $200,000 approximately to the Borough Board of Ed. The Borough Board of Ed. would then pay the money to the Montgomery Township Board of Ed. Because of the dissolution of the Borough Board of Ed., there is no lawful authorization for the Borough to pay the Township directly. The Township, according to the Mayor, has been “howling for their money,” and who could blame them? At a September 17 conference call with the State, the County Board of Ed, and the Borough, Mayor Zimmerman has asked for written authorization to pay the Township directly. Such authorization does not exist within the law.
The mayor has suggested, not unreasonably, that it may be time to put up some more roadside posters, protesting the schools merger. Stay tuned. Meanwhile, Randie Zimemrman, former head of the Rocky Hill Sdchool Board, was sworn in as a tenth member to the formerly nine person Montgomery Board of Ed. That seat expires in April 2010.
Other recent court decisions, namely the decision that builders can institute a “builder’s remedy” despite a municipality having in place a current COAH plan, will probably not affect Rocky Hill, according to Mayor Zimmerman. There just isn’t enough uncommitted real estate.
Those who have not been in the Greenacres of late are in for a treat: there are now four paths mowed and suitable for dog walkers, birder, and anyone out for some time in nature. Borough residents have Ray Whitlock III to thank for it, for he has mowed it on his own and to his own design. The result is one of the nicest pieces of public landscaping in central New Jersey. I especially like the little plank bridge over the creek.
Also, the Council wanted to especially thank Tom Cahill
for painting all of the Borough fire hydrants on his own, including the one in front of Borough Hall on the day before the July 4 fire truck wetdown.
Speaking of parks, there is a movement to get a piece of steel from the World Trade Center to install in Panicaro Park as a memorial of 9/11. Borough Council is checking into getting advice from professional sculptors.
Council appointed Rebecca Newman to be administrative secretary to the Planning Board.
Pumpkin Fields, LLC wa awarded a contract to pick up leaves four times for $6,990 each. This amounts to a $4,000 savings over last year’s bill.
There were 28 moving violations disposed of last month, with the Borough getting $545.72 for fees. Council reports that there are a few signs of vandalism in the park, such as sandbox toys tossed onto the roof of the shelter, and asks that any parents who know of such behavior to nip it in the bud.
The Shade Tree Committee will be looking for a new member soon, as a previous member of the committee has moved from town. See Mayor Zimmerman if you are interested.
Council approved three bills: Ord. #9, appropriating $30,155 to be used to pay for re-valuation of property by October 2010; Ord#10, which replaces a previous parks ordinance; and Ord. #11, which amends an animal ordinance.
Council accepted two applicants for the fire company, 17-year-old Sidney Shearer, an MHS student as a junior member, and Ryan M. O’Shea, a Kendal Park resident, as a full member.
With the Swine Flu epidemic – or pandemic – looming on the horizon, the Borough will begin with seasonal flu and pneumonia shots on Oct. 29, from 9 to 11. Shots will be given by the Somerset Board of Health at the Rocky Hill Reformed Church with a first-come-first-served policy – no time slots as in previous years. Dates for Swine Flu (H1N1) vaccinations to be announced. Reports indicate that the H1N1 inoculations appear to work, but have yet to be prepared in sufficient numbers to go around. School children will be among the first to get them, as young people thought to be more susceptible than seniors to this new form of flu.
Fall Trash pickup is October 20.
Borough Council meets on the first and third Mondays of each month at 7 pm at Borough Hall on Montgomery Avenue. For more information online, www.rockyhill-nj.gov.
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