Monday, August 21, 2023

An Area In Need of Redevelopment, a peak under the hood…..

               For those of you with more than a passing interest in the issues being addressed by your local government, you may have come across the term “redevelopment.”  It is most often in addressing areas within the town that are distressed or failing and require some form of rehabilitation or repurposing.  Again, this is one of those subject matters that entire books (and laws) are written to describe and explain, but I thought it a good idea to provide you with a basic understanding and a good starting point should you want to explore it more thoroughly.  Here it goes….

            The type of redevelopment in this article involves private property owners and developers (known as “redevelopers”) entering into an agreement and working with local government under a set of laws known as the “Local Redevelopment and Housing Law” (under N.J.S.A. 40A:12A-1 et seq) to redevelop or rehabilitate an area in need of redevelopment.[1]   

The best way I can explain this topic is to provide you with a real-life example of an area within our community that is in the latter stages of redevelopment under the law, 40 Enterprise Avenue (a commercial property situated in the southern portion of the town that borders Hamilton and Trenton). 

For decades this property languished with a series of significantly deteriorated buildings (some vacant and some occupied) that proved to be a severe fire hazard and a dangerous situation for first responders frequently called to the site for various reasons. Simply put, it was an eyesore of epic proportions and fell well short of what we would want for our community, and, as a result, it was something we needed to address in some significant way.

Under the law, a “redeveloper” is defined as any person, firm, corporation, or public body that enters into a contract with a municipality to develop or rehabilitate an area in need.[2]  To determine whether an area is “in need,” an investigation is conducted by a qualified professional (i.e., Municipal Planner), a properly noticed public hearing is held, and the governing body must determine that one of the established criteria is met (under N.J.S.A. 40A:12A-5). 

In the case of 40 Enterprise Avenue, the governing body found criteria (a) of the statute had been met; the “generality of the buildings are substandard, unsafe, unsanitary, dilapidated, or obsolete, or possess any such characteristics, or are so lacking in light, air, or space as to be conducive to unwholesome living or working conditions.[3]

Notably, one of the seven criteria must be met for an area to be “in need of redevelopment” under the law.  It is not an easy burden to meet, and such projects happen, if at all, only occasionally within a community. Additionally, if the project is not one that the governing wants, a majority vote (3 of 5 members) will end the process very early on.

You may be wondering why the governing body gets involved in a private issue involving private property owned by a private person or entity.  The simple answer is that without local government involvement, there is no financial pathway for a land owner or developer to redevelop the property.  As a result, the property languishes and deteriorates…to the detriment of the community and, most significantly, those residents and businesses nearer to the property.  The local government can work with and provide incentives to the redeveloper by entering into agreements to reduce property taxes for a specified period of time.[4]

Local government must address these problem areas, and the law gives the municipality the responsibility for implementing the redevelopment plans and projects.  The result is that the local government has a significant say (and unique opportunity) in the planning and details of the project to ensure that the community's goals are met.   

For 40 Enterprise Avenue, the project involved demolishing existing buildings and structures, remediating existing environmental conditions, developing a warehouse/distribution center, and related improvements that included parking, stormwater management, lighting, and landscaping improvements.[5]  The project dramatically changes the character and property for the better, and its location is warehouse appropriate.  I know….. some of you will say, “We don’t need more warehouses.”  But the reality is that local government can’t force redevelopment upon a person or entity.  It requires an agreement of the parties (redeveloper and local government) and always includes the incentive for realizing a profit for the redeveloper. That is just how it is, and we must navigate the process within those foundational elements for the greater good to our maximum benefit.

In a community like ours that is essentially built out (i.e., a suburban community with limited opportunities for the development of vacant land), the redevelopment law is an essential tool for the local government to use to fight blight, increase property values, and return languishing commercial properties to the tax rolls.  By doing so, the local government can also better maintain the type and level of municipal services it provides to the community without turning automatically to increasing taxes to accomplish that goal.   

 

 



[1] An “area in need of redevelopment” is a legal term under the law that provides for specific criteria to be present to allow the redevelopment process to take place.

[2] This definition is modified to apply to the process in the project I am describing.

[3] Other criteria were met under the statute, but I found unnecessary to detail for this article.

[4] These agreements are called PILOTs (Payments in Lieu of Taxes).

Monday, July 17, 2023

What’s this Lawrence Township Master Plan thingy people are starting to chirp about?

To listen to this article: https://www.youtube.com/watch?v=xvRtZy2MgkU

            As I have done in past articles, I qualify what I am about to write on this particular matter (the “Master Plan”) by emphasizing that it’s the main subject of entire books containing hundreds of pages, usually targeted to people who navigate in the field of municipal law. As a result, my realistic goal here is to provide the reader with a basic understanding and peak their curiosity enough to do their own research or, ideally, involve themselves in the process and have their opinions heard when they matter most. Yes, this is not only an informative article; it is an invitation to get involved!   

            Our community is about to undertake the comprehensive process of preparing and adopting a “Master Plan.”  In the broadest terms, the Master Plan, a written and formal document, articulates the community’s vision of what it wants to be socially, economically, and physically. In less broad terms, it is the document that creates the foundation for the local zoning and land ordinances that govern development within the community to protect its public health, safety, and general welfare and preserve our quality of life. It is a big deal.  The Master Plan describes the town's current and proposed patterns of land use in text, maps and diagrams.  

            The NJ Municipal Land Use Law (MLUL) requires towns to adopt a Master Plan or prepare a Re-Examination Report every ten years. Our last re-examination report occurred in 2013[1]  https://www.lawrencetwp.com/media/Departments/EngineeringPlanningZoning/Reports%20MP%20Ammendments/Reexamination%20Report%20of%20the%20master%20Plan,%20dated%20May%2020,%202013.pdf. Our last comprehensive Master Plan was adopted in 1995  https://www.lawrencetwp.com/media/Departments/EngineeringPlanningZoning/Reports%20MP%20Ammendments/Master%20Plan%20of%20the%20Township%20of%20Lawrence%20dated%20June%201995.pdf. Though we have remained compliant with the law, I think it is fair to say that things have changed significantly in all respects (i.e., socially, economically, physically, technologically and atmospherically, etc.) since 1995 and, as a result, now is the time to undertake this essential process to establish who we are, what we want to be, and how we can get there by revising our Master Plan. 

            The Lawrence Township Planning Board and the Lawrence Township Municipal Council members have agreed to and enthusiastically support this process.  Interestingly, the Master Plan process is controlled by the Planning Board, not our Governing Body (i.e., council members).  What the Governing Body does in this process is appoint Planning Board members (already completed) to serve specific terms, and they adopt the municipal budget that funds the Master Plan process in the year the process is to be undertaken.  In addition, there are two council members who also serve as Planning Board members, and they will be directly involved in the preparation of the Master Plan.  But this gig is, by law, performed by the Planning Board, the appointed professionals, and, of course, with public participation as a priority component. 

            As a community, the next twelve or so months will involve a two-step process: (1) preparing and adopting a less onerous re-examination report (before the expiration of 2023) and (2) preparing and adopting a new Master Plan. For this article, the following will focus on the Master Plan process.

            Creating a new Master Plan starts with a process initiated and undertaken by the Planning Board guided by our Municipal Planner, Elizabeth McManus, PP, AICP, LEED AP of KMA Associates, Hopewell, NJ. In Ms. McManus’s proposal to the board, she states,  

            “an updated [plan] will allow the Township to adjust or create new policies to account for new development and development approvals, and market conditions that have arisen over the last several years, many of which have been exacerbated by the Covid- 19 Pandemic. Additionally, with the threats of climate change becoming more of a reality, comprehensive planning is crucial to the health and well-being of communities…”

Once the process is completed and deemed acceptable to the Planning Board members, it is adopted by resolution and provides the framework for the Planning Board and the governing body to develop the elements of good land use, including meeting local housing and economic development needs and protecting open space and important natural resources.  For me, the preparation of a comprehensive Master Plan is by far the most important responsibility the Planning Board undertakes - and it happens every ten years.  

            Under NJ law, a Master Plan must contain our community's (1) statement of objectives, principles, assumptions, policies, and standards upon which development proposals are based; and (2) a land use element that considers natural conditions, including topography, soil conditions, water supply, drainage, floodplain areas, marshes, and woodlands. It should show existing and proposed land use and describe population and development intensity.

            In addition to what it must contain, a Master Plan has optional elements, which include assessing community facilities, conservation, circulation, economic development, historic preservation, housing, recreation, recycling, and utilities. Something of interest to everyone!

            Importantly, our Elected Officials and the Planning Board members are committed to a robust and transparent process that will include a comprehensive plan for public participation (multiple public sessions on specific subject matters) to help ensure the input received reflects representative sections of our community, committees, and organizations, and will also ensure that documents created along the way are easily accessible via our website. Knowing our community as I do, I am sure many interested residents will be attending and participating in this critical process – which is a great thing.

            As we navigate this process, I will update you on my blog LawrenceTownshipNJManagerKPN@blogspot.com. Until then, if someone asks you what the Master Plan thingy is all about, now you are in the know!






[1] A re-examination report must contain the following: 

a.The major problems and objectives relating to land development in the municipality at the time of the adoption of the last reexamination report.

b.The extent to which such problems and objectives have been reduced or have increased subsequent to such date.

c.The extent to which there have been significant changes in the assumptions, policies, and objectives forming the basis for the master plan or development regulations as last revised, with particular regard to the density and distribution of population and land uses, housing conditions, circulation, conservation of natural resources, energy conservation, collection, disposition, and recycling of designated recyclable materials, and changes in State, county and municipal policies and objectives.

d.The specific changes recommended for the master plan or development regulations, if any, including underlying objectives, policies and standards, or whether a new plan or regulations should be prepared.

e.The recommendations of the planning board concerning the incorporation of redevelopment plans adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et al.) into the land use plan element of the municipal master plan, and recommended changes, if any, in the local development regulations necessary to effectuate the redevelopment plans of the municipality.

Wednesday, June 21, 2023

"The Right To Clean Water is a Human and Constitutional Right" - A Story About Our Town and TWW

                 From time to time, I check on the various community Facebook pages to see what members are interested in.   A topic that seems to come up often is Trenton Water Works and, more specifically, what the Township is doing on behalf of its residents to address the poorly performing water utility that serves a majority of our community.  Surprisingly, many comments demonstrate a lack of awareness of the actions taken by the municipal government over the past several years to address the issue.  In response, I thought I would pull together information shared on the township website (www.lawrencetwp.com)  and my blog   (https://lawrencetownshipnjmanagerkpn.blogspot.com/).  Both sources provide information on all things “Lawrence Township” and should be a part of your “search” for information on any given topic related to the community.  The information is also frequently shared on our Facebook page (https://www.facebook.com/TownshipofLawrence/).  We can only make the information available to you, but you must take a step to receive it.

                Many, but not all, of our residents, are customers of Trenton Water Works.  Over the years, customers (including me) have received alarming notices from the utility about one issue or another relating to the quality of water we drink and use.  As you may know, Trenton Water Works is a public utility owned and operated by the City of Trenton (one of the oldest in the country).  With more than 225,000 customers, it serves the City of Trenton and portions of Hamilton, Ewing, Lawrence, and Hopewell.  It has been operating, believe it or not, since 1804!  In our recent history, over the past several decades, the aging infrastructure and poor management have been a consistent concern for all.

                In 2010, there was a serious initiative to sell TWW water lines and other infrastructure that serves the “outside water users ” (Hamilton, Lawrence, Hopewell, and Ewing) to New Jersey American Water for $80 million.  The sale met with opposition from customers from the townships concerned that the deal would result in higher water costs and resistance within the City that it would lose a significant asset that funded a portion of Trenton’s budget.  Ultimately, the residents of Trenton voted against the sale.  I was the Municipal Attorney for Lawrence Township back then, and my personal opinion then, as it is now, was that the deal with NJ American Water was good for the customers in the Township.  NJ American Water was a professionally managed water utility serving millions of customers in more than 20 states.  It had the means to replace the old water lines (with many being lead-based) and would be able to improve (pledging to commit millions of dollars to do so) and operate the facility with the highest standards.  Instead, we were left with TWW being owned and maintained by the City of Trenton and beholden to a dysfunctional city council that voted against funding much-needed improvements to the facility.

                In 2020, the New Jersey Department of Environmental Protection filed a lawsuit against Trenton and TWW to compel the water utility to take certain corrective actions to improve the infrastructure and operations of the facility.  I provided a copy of a Press Release explaining the action taken by the State against the City and then wrote a blog article that fully discusses the lawsuit.[i]  After NJDEP’s lawsuit was filed and made public, township officials from the outside water users (Hamilton, Lawrence, Ewing, and Hopewell) met to discuss the civil action and agreed that the towns should join the lawsuit to advocate on behalf of their residents who were customers of TWW.   As a result, the towns joined together and filed a motion to intervene in the lawsuit.  In an article I posted in my blog dated July 13, 2020[ii] I explained the action taken by the town to join the lawsuit to ensure they had a “seat at the table” to advocate for its residents.  In their filing, the townships demanded that “Trenton and TWW provide safe and clean drinking water for its residents.  The right to clean water is a human and constitutional right.  This is non-negotiable.  It is clear that Trenton and TWW have repeatedly and egregiously missed benchmarks in fulfilling their obligation to provide safe and clean water for the customers.” Another demand was asking the court to force Trenton to sell the portion of TWW that serves their townships “because TWW has proven incapable of consistently producing safe drinking water.”  

                Since the time the townships joined the lawsuit (during the time of the pandemic, which slowed the progress of the case), there have been many court conferences among the parties, site inspections and reviews, and many positive actions by TWW to improve the facility, infrastructure, and management.  In addition, the new makeup of the Trenton City Council is a significant and positive development for the success of TWW.  Mayor Reed Gusciora was never the problem.  He understood the need for TWW to improve in all respects, and now, I believe the new governing body has demonstrated through their actions and vote that they know and understand that the facility needs to be properly funded to meet the demands and conditions set by NJDEP officials. 

                Since NJDEP is the administrative entity that has the authority over water utility companies operating in New Jersey, it is best positioned to enforce the regulations, identify the issues causing TWW to operate below standards, and compel specific and necessary action for it to improve. Remember, in addition to your township, the State of New Jersey and Mercer County are public entities that represent you and your interests as residents.  I have read many comments on Facebook by residents that believe nothing is being done by their municipal officials.  It’s not true.   Improving a failing water utility with infrastructure that is aged and operated by underqualified professionals for decades will take time.  Have the actions taken by NJDEP and the townships to compel TWW to improve worked?  Yes, but we ain't done yet!  TWW has made progress, but it still has a long way to go to get where it needs to be to regain the confidence of its customers.  Confidence that the water we all drink and use and pay for is safe.  Not from time to time, but always.  Getting all of us to that mindset will take sustained and effective efforts by the City of Trenton and TWW to work to do what needs to be done.  Until that day happens, rest assured, the NJDEP and the townships will be relentless in their efforts to achieve the goal we all want – consistently safe water to drink and use – and one day not worrying whether it is or not.   

                For those wanting to take a deeper dive into this subject matter, I encourage you to visit my blog, where I go into more detail and provide links to pleadings by the parties.

               

Wednesday, May 24, 2023

What a long strange trip it's been….. The Boulevard at Brunswick Pike

            About two weeks ago, many of you saw actual work to further the project that, through many iterations, became known as "THE BOULEVARD AT BRUNSWICK PIKE – A UNIFIED STREETSCAPE." On February 20, 2020, I published an article detailing the long history of the project and explaining some key factors, including a timeline for work to commence. Little did I know that in just several weeks, a health pandemic would rock our world in too many ways to describe here. Needless to say, this capital improvement project, along with many others (worldwide), was sidelined to allow government officials to focus on the immediate health and safety challenges presented by an unprecedented event where no playbook existed.   Witnessing the "shovel in the ground" on this project was an incredible and long-awaited moment for our community.   The following incorporates some of the information I shared in my 2020 article and some present-day facts to get you all up to date.

             In checking the records in our engineering department, the earliest documentation we found about the Township's efforts to improve the streetscape along Brunswick Pike date to 2005.  For those involved in all things "Lawrence" back then, you may have a personal recollection of discussions on this topic before 2005, but for our purposes, I am putting 18 years as the most accurate time frame.  Records I have reviewed indicate that our Township officials agreed with NJDOT (2010) on a plan to create a pedestrian-friendly urban streetscape that promotes commercial development.  The agreement included slowing traffic speed, improving pedestrian circulation and connectivity, and adding aesthetic elements to provide context for a "Main Street" environment. The design and planning were completed in 2015.

            For those who may not be aware, this section of road between Brunswick Circle to Lake Drive (U.S. Route 1) has always been owned and maintained by the State of New Jersey.  For the past several years, the Township took over that portion by agreement with the State after the State completed improvements that included the construction of the round-a-bout at Whitehead Rd, created on-street parking, widened the grass medians, and installed pedestrian crosswalks. These improvements provided the "bones" for the Township to complete the final improvements in creating a more pedestrian-friendly ("Main Street") environment.

             Once that work was completed, the Township immediately applied for and received a $60,000 grant to study and design a streetscape.  We then had our "community conversation" at several meetings (2/11/20 – Growth and Redevelopment Committee Meeting, 3/11/20 at the Slackwood Fire House, and council meetings) and obtained feedback and support from the stakeholders (i.e., our residents). 

            This has been a very long process, but our commitment to get this done was strong and sincere.  This section of our town deserves the attention we are giving it now after a long strange trip to get here. Though some may believe the plan falls short of expectations or possibilities, these improvements are thoughtful, significant, reasonable, and represent a fiscally responsible project.   And when you throw in the fact that we won a $700,000 grant from the State of New Jersey to do this work, it is hard to see a downside.

             The goals and framework we followed for this project are as follows:

 • Integrate the commercial corridor with the surrounding residential neighborhoods;

• Create safe pedestrian connections;

• Transform a highway to a more pedestrian-oriented "place";

• Honor the history of this transportation corridor; and

• Engage the community in design development

             Though our community discussions and planning involved the installation of "wind turbines" on the Whitehead Road round-a-bout, they have proven problematic from a traffic safety standard. We are opting for landscaping and planting a mature Red Bud tree at the center.

             I hope that our community can rally behind this project and appreciate the importance of responsibly making the strategic improvements we can and should make throughout our town.  Eighteen years is a long time, but over the last six years, we recentered our focus, kept our eye on the prize, and are getting it done!

The link to the report on the streetscape purpose and elements is here: 

https://www.lawrencetwp.com/media/Departments/EngineeringPlanningZoning/Reports%20MP%20Ammendments/Brunswick%20Pike%20Streetscape%20Design%20May%202020.pdf



Tuesday, May 23, 2023

Embracing the Sense of Community - Lawrence Township Memorial Day Parade and Ceremony

             Memorial Day holds a special place in the hearts of Lawrence Township residents. It's a time when the community comes together to honor and remember those who made the ultimate sacrifice for our country. However, as the years have passed, the significance of Memorial Day has often been overshadowed by barbecues, pool parties, and trips to the shore. It should be a time for us to pause, reflect, and rekindle the true spirit of this important day. 

            In Lawrence Township, I believe our sense of community is strong. It's a place where neighbors help neighbors, and unity is valued. The Memorial Day Parade is a powerful reminder of the collective spirit within our town. It is a day when residents put aside their busy lives to pay tribute to the brave men and women who have served in the military. As a child in the 1970s, I fondly remember attending and participating in the parade. I remember the streets lined with residents waving flags, fire trucks blaring their sirens, and kids running along the parade route pretending they were a part of it all – and they were! And, of course, the free candy that was thrown out to everyone from the floats that passed by  -- only the strong survived the mad dash for the pack of Smarties and gum on the roadway!

            In Lawrence, we have worked hard over the past several years to promote and make the parade a bigger and better event. Our Recreation Superintendant, Nancy Bergen, and her staff work hard behind the scenes to make it all happen, along with the support and assistance of the Township's Patriotic Committee.

            The parade and ceremony offer a unique opportunity to unite our community. Regardless of our backgrounds, political affiliations, or personal beliefs, we can all connect to honor our servicemen and servicewomen. By taking just a couple of hours out of our holiday festivities, we can come together as one, demonstrating our shared values and gratitude for the sacrifices made by our military personnel.

            The parade is a platform for various volunteer groups to showcase their dedication and commitment to serving others and for all of us to acknowledge and thank the local organizations that help make our community a special place to live and work. By attending the parade, we ensure that their efforts do not go unnoticed and that we stand behind them as they march in honor of our fallen heroes.

            The parade culminates in a solemn ceremony (at Veterans Park), adding another layer of significance to the day. The ceremony serves as a poignant reminder of the true purpose of Memorial Day and helps us reflect on the sacrifices made by our fallen heroes. We have named Paul Tweedly the Grand Marshal for the parade this year, leading the procession along the route and speaking at the ceremony. Paul is a retired captain from the Trenton, N.J. Fire Department and proprietor of Captain Paul's Firehouse Dogs in town. He has shown exceptional dedication to emergency services, the military, and their families, as well as unwavering commitment to our community.   He is a true community all-star.

            Join us on May 27, 2023, at 10:00 AM for the start of the Parade at Lawrence High School, which culminates in the ceremony at Veterans Park.

See our related press release for more information on our Grand Marshal and parade and ceremony details:

Grand Marshal 2023- Paul Tweedly.pdf (lawrencetwp.com)



Monday, April 24, 2023

If it's on the internet, it must be true.......ehhh, not really! A brief history of my salary and my responsibilities.

I recently came upon a Facebook post on one of the several community pages that stated the following:  

While raising our taxes, the town manager went from a salary of about $140000 to

$225,000. Why is the council making these moves. Did anyone else ever get a salary increase like

that???????! No wonder the manager wants behind-closed-doors meetings instead of public 

discussions.

So, I thought, ok  -- this may be the time where I peel away the onion of misinformation and celebrate a little more transparency with facts and context.  My salary was an issue at the last election, and it seems like it may be again in this year's election.  I responded to the post as follows (with some slight modifications included):

Hey Everyone; not everything you find and read online is true or provides context or explanation. The Employment Agreement I executed with the Township of Lawrence is dated April 28, 2017, and is available to anyone who makes an OPRA request. I took over the position of Municipal Manager from my predecessor, Richard Krawzcun, who was earning approximately $227,000 annually (yes, six years ago). My initial salary was $164,000, not $140,000, as the post suggests.  More than $60,000 less than the predecessor Municipal Mananger. 

The Employment Agreement provided for annual adjustments based on the cost of living increases received by other "Unclassified and/or Exempt" personnel working for our town. In addition, the Agreement provided for performance appraisals conducted on a semi-annual basis for December 2017, 2018, and 2019 and June 2018, 2019 (a probationary period to allow the elected officials to evaluate my performance more regularly and make incremental salary adjustments to close the salary gap with my predecessor). These performance reviews were negotiated and built into the Agreement because the disparity between the initial salary of $164,000 and the salary of my predecessor was substantial, and I would not accept the position otherwise.  

The Township hired me as the Municipal Manager and QPA (Qualified Purchasing Agent has a separate average statewide salary of approximately $45,000).  In addition to the responsibilities of a municipal manager by statute in our form of government, I am the Director of Community Development (previously a full-time township position) a member of the Planning Board and Director of Public Safety.  Also, when the Director of Affordable Housing (Andrew Link) retired (earning a salary and benefits that totaled more than $120K), I took on his responsibilities because I knew affordable housing from when I worked with him as the Municipal Attorney. I did this for no additional compensation (and hired an outside firm to process applications for less than $12,000 annually, so we didn't have to employ any support staff - saving the Township approximately $115,000).

With these savings, we were able to add the Community Aide position to our operations -- providing the Township with a professional and designated information officer to better communicate with our residents on various platforms and support new businesses. The governing body wanted to implement this for several years, and we seized the opportunity to do it at the right time. We accomplished this AND reduced THE OVERALL costs to the taxpayer. In addition, for those that have stated publicly and incorrectly, I do NOT take health benefits from the Township, which can cost more than $20,000 for families.

Moreover, because of my experience as the Municipal Attorney for the Township, I frequently review and prepare documents that, under my predecessor, were done by the Township Attorney (charging an hourly rate). There are way too many instances to name where my prior municipal attorney experience has allowed our community to save thousands of dollars in legal fees because we do not have to engage and pay a private attorney to do the work or provide guidance on issues.

Finally, when my contract was renewed and extended in July 2020 (also available to anyone who makes an OPRA request), the governing body included that I am to maintain a social media presence on various social media sites (which consists of a blog site) and to roll out a committed social media program and communications plan for the Township.

So, if you judge me......please consider the facts and what I do for the community. Also, please do not compare me to Business Administrators within Ewing Township, Hamilton Township, Trenton, or any other community with a directly elected Mayor.  That would be comparing apples to oranges.  They have fewer responsibilities than Municipal Managers. We are a Council-Manager form of government. Our elected officials are part-time. Our Mayor has no authority or responsibility over municipal operations or even an office in our Municipal Building. A municipal manager is responsible for all of the day-to-day operations of the municipal government (and all that it entails with 12 departments and more than 200 employees providing services to our community) AND is ultimately responsible for resident concerns.

For directly elected Mayor towns, along with a full-time business administrator, the Mayor is a full-time position, earning a full-time salary (and benefits), with authority to hire and fire department heads, handles constituency concerns, and is involved more directly in preparing the municipal budget. And has one or more full-time assistants. That is not what we do here.  Our elected officials appoint the municipal manager, set policy and are responsible to adopt a municipal budget and pass other important ordinances and resolutions. 

I hope this shines more light and clarifies how much I am paid, how my salary has increased over the six years I have been working here (which is close to equal to my predecessor of six years ago), and my overall responsibilities. I will leave for another day how we transformed our grant program to bring in millions of dollars more annually to this community compared to past years. As opposed to how the person who posted on FB about my salary increases, the other way to look at it is that our elected officials required the newly hired municipal manager to prove his value over a period of 2.5 years instead of simply matching the salary of the prior manager.  Six years into this job, I am now at the salary level of my predecessor.  

As for the comment that I want "behind closed doors meetings," I can only say that it is not only false, it is simply incredible in light of all of the information I have made available to all of you in the past six years.  The effort I have made to explain our decisions or the process we follow is well documented, and the community is more informed now than ever before.   

Monday, March 27, 2023

The Municipal Budget Process - Part II

            I intend this article to better inform those interested in our public budget process. Although it is a bit choppy with dates and descriptions, I hope that by the end of the article, the reader will be more informed about what we do and when, and maybe prompt them to participate or follow along more closely.

            Here we go:

            By mid-January, the CFO (Peter Kiriakatis) prepares a detailed municipal budget after reviewing the departmental budgets and having multiple meetings with me that provide him with the necessary budget forecasting to accurately determine costs (i.e., appropriations) and revenues anticipated for the coming year. From this process, Peter prepares the 2023 Recommended Budget. This document contains all the budget details (broken down line by line), so anyone can identify the expenses and revenues involved in running the municipal government.

            At the January 17 council meeting, I presented the Recommended Budget to the elected officials (i.e., council members), and Peter provided a presentation identifying specific factors that impacted us this year. We then made the Recommended Budget available on our website and social media pages. 

            On January 20, 2023, I published an article, "A Story About Our Budget Process and the Lawrence Community," on my blog, website, and social media sites. The Lawrence Gazette also published it so we ensured it reached as many people as possible. The article intended to give the reader a broad sense of our budget preparation process. Part two explains how we involve the public.

            From when I provided the Recommended Budget to the council members to when we formally introduced the 2023 Municipal Budget in early March, the budget is revised as we receive information that more accurately presents the picture of 2023 municipal finances. During this time, I provide our elected officials with updated information as they go through their process.

            On January 24, 2023, I provided council members with a document titled "The 2023 Budget Message." It explains the thought process and factors considered that helped determine what we believe is the most fiscally responsible budget for the coming year. Since the budget changes (over these early months), I modified the budget message multiple times and released the final version to the public at the formal introduction of the budget at the March 7 public meeting.

            Adopting the municipal budget is the most important authority our form of government grants to the council members. The voters elect the council members, who are responsible for thoroughly reviewing the budget, questioning it, working with the Municipal Manager on modifying it, and ultimately adopting a budget they can support and believe to be in the community's best interests.   

            There are five council members, and a majority vote is required to adopt the budget. Of course, there are times when some members disagree on budget matters, but the majority rules whether to adopt or reject the budget.

            From late January through February, the department heads present their budgets to the council members at open public meetings. These occurred on February 7 and February 21. If a department head cannot participate in the meeting, the presentation is available on our website for the community to review.

            On March 7, 2023, I formally introduced the 2023 Municipal Budget to the council members at a public meeting with a decreased tax increase at the request of council members. At my request, our CFO attended the January 17, February 7, February 21, and March 7 meetings and was ready to answer any questions the public had. According to NJ Budget Law, we must adopt the municipal budget by April 28, 2023. We have scheduled our public hearing to adopt (or reject) the budget for April 18, 2023.

            When the council members appointed me, they made it clear they wanted our process to be more transparent and for me to step out from my office and engage the public more meaningfully through social media and any other means possible. With this in mind, the budget process we engage in allows any interested resident to be better informed. In addition to how we put information out, any resident may contact me to ask questions. I am happy to meet with anyone should a phone call or email not satisfy them. My predecessor often met with residents regarding the budget. However, I believe the information we provide to the public on the website, social media sites, local newspapers, public meetings, and my blog reduced the need for those types of meetings. To date, I received two telephone calls regarding this year's budget, and both were a "thank you" for the article in the Lawrence Gazette.

            As for our budget this year, the tax increase of 2.50 cents (1 cent = $470,635) is driven by several factors. First and foremost, we are not immune from the higher costs of almost everything due to post-pandemic inflation. In addition to inflation factors, we identified serious public safety issues to address this year. Our Fire Chief and Police Chief at the public meeting on February 7 thoroughly explained these issues.

            We are hiring three firefighters, two emergency medical technicians, two civilian employees for the LTPD (to return police officers to doing police work), and two public works employees to better manage our parks and township lands.   These additions to staff represent 1.0 cent of our (2.50 cent) increase. Also, due to the NJ Budget Law, we could not claim (or add to our revenue) $450,000 of the cannabis tax we will receive in 2023. Our inability to claim this revenue makes our budget 1.0 cent more than we actually need. So we are up a cent for the 2024 budget!

            If we didn't have a serious public safety issue to address or could have claimed the cannabis tax revenue, we would be down to a .005 cent increase. The remaining half cent increase over last year is primarily explained by contractual increases (salaries, township share of pension contribution, ELSA, health insurance, 911 dispatch, and garbage collection) totaling more than one million dollars which we were able to offset by increased revenues.  

            The township's finances are strong. Each year we reduce our debt (and expect to be debt free in 2027), increase our Surplus Fund (so we borrow less), and enjoy the highest credit ratings that allow us to get the best financing terms when needed. We also remain the 3rd lowest tax rate in Mercer County while seeing the values in houses increase.  We have rebuilt our staff to better meet the services that our community expects and demands. For those who want us to use more from our Surplus Fund to reduce this year's tax increase, the answer is that is shortsighted and simply fiscally irresponsible. When you use more Surplus than you can regenerate, you trigger a downward financial spiral that leads us to areas we have been before not so long ago (2009 through 2015)  – and I won't allow us to go back to those troubling times without a fight.