Friday, October 9, 2009

Tinton Falls mulls stricter noise ordinance

Tinton Falls mulls stricter noise ordinance
Time limit, use of meters among concerns raised
BY KENNY WALTER Staff Writer

TINTON FALLS — The borough may follow the lead of some of its neighbors and amend its noise ordinance, and is weighing whether to include a noise curfew or decibel limit.

The noise ordinance was the topic of discussion at the July 7 workshop session that followed the Borough Council meeting.

The idea of giving the noise ordinance more clout was initially brought up by newly elected Councilwoman NancyAnne Fama and was met with support from other council members.

"I had a conversation with the [police] chief [Gerald M. Turning Sr.] today regarding the current noise ordinance, which really doesn't have any time specifications," Fama told the meeting.

"I just wanted to bring that up to council to see if we could research that a little bit," she added, "see if we might take a look at the current ordinance and see if we can take a look at some reasonable times to examine it."

According to Borough Clerk Karen Mount-Taylor, the ordinance currently on the books was written in 1982 and is not too specific.

"It's kind of a blanket-type ordinance on noise," Mount-Taylor said in an interview last week.

"It's pretty much a good neighbor policy. If you're having a party and it's 10 o'clock, then turn down the music."

She said the ordinance reads, "It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which annoys or is likely to annoy or disturb the peace, quiet or safety of others," the ordinance states.

There is no mention of decibel limits, and the only time specification mentioned is for construction and repair, which is to be done between 7 a.m. and 8 p.m.

The ordinance does mention that possible noise violations may include horns, radios, yelling, television, loudspeakers and noise produced by animals.

According to Mount-Taylor, it's not an easy law to enforce.

"It's a hard thing to regulate," she said.

She said the topic was expected to be discussed at the July 21 workshop meeting.

At the council meeting, newly appointed council President Duane Morrill also said he had discussed the noise ordinance with the chief.

Morrill said he was surprised that there is no time specified when noise must be curtailed.

"I spoke with the chief tonight; I couldn't believe it," he said. "Every time I have a party, they [police] seem to show up right after 11:30 p.m. I figured that was the time. Apparently not."

The council agreed to look into setting a specific time when noise must be cut off, and Morrill suggested that the time might be different on certain days.

"One of the options we may look into is the possibility of different times for the weekends compared to the weekdays," he said. "You may want to make it a little later on the weekends."

Mount-Taylor warned that specifying a time might not be the best way to approach the problem.

"Even though there isn't a time, keep in mind when you're doing times, there are people that work all night long and sleep during the day," she said.

One provision discussed was the possibility of requiring permits for people to have parties.

"It doesn't have to be a fee, maybe it just has to be a process," Fama said.

She recounted a recent incident when noise issues became a hassle for both partygoers as well as the police.

"I saw a story just recently of someone whose nephew was going away to Iraq," Fama said. "At 9:30 in the evening they were having a family party, and the police were called. I'm sure the police didn't want to be there."

One question raised was whether the noise ordinance would be in effect for both residential and commercial zones in the borough.

Turner said complaints are mostly in residential areas, but the council may look toward a uniform set of rules.

Council members also spoke about having a strict decibel-level limit, but Business Administrator W. Bryan Dempsey said he has concerns with that aspect of the noise rules.

"My only concern is that when we start getting into decibel levels, we have to have someone who is certified with the decibel machine," he said. "So when it's called out, whether it's a police officer or zoning officer, they have to be responsible for that."

If the council needed proof that noise is a problem in the borough, they could just turn to their white-haired police chief, Turner quipped.

"Look at my hair. How many [noise complaints] do you think we get?" he said. "We get a lot of them."

In a light moment, the council was ready to blame one of its own for the noise problems.

"Do they all come from one place?" council Deputy President Gary Baldwin asked, pointing at Morrill, at which the crowd erupted with laughter.

While Baldwin joked, he also said he understood that noise might be a serious problem for some residents.

"I think we need some help," he said. "There shouldn't be a time limit on noise. If you make too much noise at any time, it could be offensive."

Fama said she is just looking to preserve quality of life in the borough.

"I think the goal would just to be reasonable and understand that people need to get to sleep and don't want to be woken up early in the morning," Fama said. "I will follow up with the chief and come back with some recommendations that we can talk about."

Contact Kenny Walter at

kwalter@gmnews.com.


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Wednesday, October 7, 2009

West End tracks may get safety upgrades

West End tracks may get safety upgrades
Councilman says railroad crossing poses dangers
BY KENNY WALTER Staff Writer

KENNY WALTER Long Branch Councilman Brian Unger thinks this West End railroad crossing poses dangers to pedestrians and vehicles.
LONG BRANCH — Councilman Brian Unger is pushing city officials to take a look at the railroad tracks that traverse West End Court in the West End section of the city.

"This is about the stretch of railroad tracks between Brighton Avenue and Cedar Avenue, behind the Foodtown, behind the Chase Manhattan Bank there," Unger said at the July 14 City Council workshop meeting.

According to Unger, the site is unsafe for both pedestrians and vehicles.

"I see kids cross the tracks from the neighborhood," he said. "I've seen people carrying groceries across."

Unger said that sometimes the tracks pose a problem for him as well.

"I've been on that road [West End Court] in the winter when it's icy and have had trouble negotiating the turns," he said.

"There are points along the tracks where the tracks are literally a couple of feet from the roadway," he added. "The tracks are totally exposed."

NJ Transit police have posted a sign at the crossing.
While admittedly not an expert on safety engineering, he does believe through his own experiences and observations that this is a problem.

"I do feel like this is a safety hazard," he said. "I'd like to see a thick, strong iron fencing to stop automobiles and pedestrians from crossing the tracks."

Unger is requesting that New Jersey Transit take a look at the site and make some recommendations.

"They may say it's perfectly safe, 'Sorry there's nothing we can do,' " he said. "They may say, 'Gee, you're right, we have to do something.' "

According to Unger, a call will be placed to the NJ Transit Asset Management Department to schedule someone to come out and look at the site, which he hopes will happen within a month.

Unger expects the mayor and city administration to look at the site with safety experts provided by NJ Transit.

"They have to make a determination about whether or not it passes their safety requirements," he said.

A NJ Transit spokesman said last week he was unaware of the track crossing conditions and would look into Unger's concerns.

Unger said that because the area in question is just a few feet from the tracks, NJ Transit has the right-of-way and will fund any changes needed to the site.

Unger said pedestrians crossing the tracks aren't really supposed to be doing so.

"There is a sign up, you're not supposed to be walking across there," he said in an interview. "It is against NJ Transit rules."

One problem with the site is that there is no one to regulate it, he said.

"Apparently, they [NJ Transit] have police that drive by there," he said. "But I wouldn't imagine they are out there often."

Business Administrator Howard H. Woolley said there have been some issues with the site in the past.

"I think the issues have been people on Cedar. Occasionally, somebody rather than making the left onto Market has made a left onto the tracks, or even a right onto the tracks," he said. "Usually, it's been somebody who's been relatively disoriented."

Contact Kenny Walter at

kwalter@gmnews.com


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State and county delays crunch city finances

State and county delays crunch city finances
Tax bills on hold pending review of tax rate
BY KENNY WALTER Staff Writer

LONG BRANCH — Layoffs and furloughs at the state and county level have delayed the delivery of quarterly tax bills in Long Branch, according to the city's finance chief.

Ronald Mehlhorn, Long Branch finance director, said last week that the city might have a cash flow problem until the budget is certified and the city is able to mail out tax bills.

"Everything is so far behind," Mehlhorn said in an interview July 15. "We don't have certification on our tax rate."

Mehlhorn said he received certification of the budget from the state, but that the tax rate must be certified by the county, which had not yet happened as of last week.

"We have the budget [certification] from the state; we are just waiting for the county to certify the tax rate," he said.

Mehlhorn said that with jobs disappearing at the state and local level, it has been a struggle at times just to get information.

"Everyone is just so inundated that we can't even get through to them," Mehlhorn said. "It's a sign of the times. They have fewer bodies, but the work increases."

According to Mehlhorn, quarterly tax bills are due on Aug. 1 most years, but because of the delay, the quarterly tax bills have not been sent out. Even when the budget is finally certified, it will be a few weeks until the money is collected.

"We have to give people 25 days' notice before we can bill them," he said.

Mehlhorn said at the July 14 City Council meeting that it costs between $1 million and $2 million a week to run the city.

He said the city might have to borrow around $10 million to stay afloat. He also estimated that interest on the funds borrowed could be between $200,000 and $400,000.

Mehlhorn also said at the council meeting that the city won't be refunded that money from the state, and that the funds may need to be borrowed before the Aug. 7 payroll date.

The funds would be borrowed in the form of tax anticipation notes, which are usually borrowed from large brokerage firms and paid off when taxes are collected.

He said the limit on how much the city can borrow is 30 percent of last year's tax levy.

For Mehlhorn, this is a new experience.

"This is the first time it's ever happened this late," he said.

Once the tax rate is certified, it may be a long couple of days for employees in Long Branch.

"When we get the certification, we will work all night to get the tax bills out," he said. "I'll have everyone in the place stuffing envelopes."

Contact Kenny Walter at

kwalter@gmnews.com.


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City opts to repeat reassessment

City opts to repeat reassessment
High volume of appeals of '07 valuations cited
BY KENNY WALTER Staff Writer
The Long Branch City Council approved an ordinance last week that will pave the way for a complete reassessment of the city's properties.

At the July 14 meeting, the council voted 4-0 to authorize special emergency appropriations for the assessment. The appropriations will cost the city $375,000. Councilman Anthony Giordano was absent for the vote.

According to Finance Director Ron Mehlhorn, a request for proposals (RFP) would go out within 10 days of the meeting for a firm to carry out the reassessment, and city Tax Assessor John Butow will be in charge of the process.

According to Butow, the proposals will be opened on July 31 and a contract will be awarded sometime in August

Butow sent an email last week that explained among other things what his role is going to be in the assessment.

"I will be overseeing the project, reporting to the city administrator and the Monmouth County Board of Taxation," he said.

He also said that it was ultimately the county's decision to move forward with the assessment.

"The city spoke to the Monmouth County Board of Taxation regarding the state of the real estate market in Long Branch," Butow said. "After considering the facts, they ordered the city to move forward with a reassessment."

City Attorney James Aaron explained what the city is looking to accomplish with the reassessment.

"The goal is to reduce the number of tax appeals," he said at the meeting.

According to Butow, there have been 400 tax appeals filed by residents at the county level this year. The last day for hearings is July 31, and the city will have word on the judgments sometime in August or September.

According to Aaron, the reassessment will be complete within the calendar year.

Aaron also said that with the poor housing market, other municipalities are taking similar measures to limit tax appeals and costs.

"Since the number of tax appeals are based on the assessed value of the property, by doing this reassessment now, we're joining the legion of municipalities," Aaron said. "They're attempting to do this to find a more equitable way to taxing the taxpayers in each municipality and to stave off the growing number of appeals, which will also cut down on the legal costs."

Both the city administration and residents believe that the end result of the reassessment will be that property values go down based on the current market.

"So what you're saying is that the mean amount will probably end up going down in the market that we have right now?" Ocean Boulevard resident Harold Bobrow asked at the meeting.

"That's exactly right," Aaron answered. "We will be looking at this particular market, rather than a market way back when, when the economic times were different."

Butow said the reassessment would reflect the market as of Oct. 1.

"This will result in the equitable distribution of the tax burden," he said.

Aaron explained that the gap between assessed value and market value is wide now, thus making the reassessment a necessary step.

"These are all key to dramatic changes in the ratio of sales and tax assessment," Aaron said. "The wider the ratios get between the assessed value and the market value, then you need these types of measures to bring everything back together again."

Butow agreed with the reasoning for the assessment, saying, "The main reason is the recent decline in property values."

While the assessment will take place this year, the $375,000 cost will be paid out over the next five budgets.

"You're allowed to write this off in five succeeding budgets," Mehlhorn said. "Put one-fifth in each budget and raise it, instead of doing a bond ordinance."

When asked if the special emergency appropriation could be used for other things, specifically to televise council meetings, Mehlhorn said it couldn't.

"Special emergency is limited to things like the assessment or storm damage," he said. "Any other budget, when you look at emergencies, you have to explain why it was not anticipated at the time of the budget."

Mehlhorn also said last week that not all the funds would be used for the actual reassessment.

"Not all that money is for the assessment," he said. "Some can be used if they find they have to do revisions to the tax map. Most of the money will be used for the assessment, though."

According to Butow, the previous re-assessment was completed for the 2007 tax year and the firm awarded the contract was Realty Appraisal Company, West New York, N.J.

Residents, particularly those in Elberon, were not happy with the rising property values from the last assessment, but city officials expect a different outcome from this one.

"I'm sure overall everything will go down," Mehlhorn said.

Contact Kenny Walter at

kwalter@gmnews.com


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Tuesday, October 6, 2009

T.F. postpones budget adoption

T.F. postpones budget adoption
Finance director: Revenue decline may force tax hike
BY KENNY WALTER Staff Writer

TINTON FALLS — The borough's finance director again advised the Borough Council last week not to adopt the proposed budget but to consider raising taxes to offset revenue losses.

At the July 7 council meeting, Tinton Falls Director of Finance Stephen Pfeffer spoke to the council for the second time about the poor revenue outlook the borough is facing for the remainder of 2009 and beyond.

This time the council, which reorganized on July 1, opted, by a unanimous vote, to carry the budget to the July 21 meeting and to take a look at whether or not to amend it.

On May 5 the Borough Council introduced a $21.8 million spending plan that calls for a $10.6 million tax levy, but the decline in revenues throughout 2009 may put Tinton Falls in a difficult situation for future budgets, Pfeffer previously advised.

Pfeffer suggested at the June 16 meeting that the budget should increase to the maximum cap tax levy of a 4 percent annual increase, and repeated the recommendation at the council meeting last week.

"Basically it's the same recommendation that I made on June 16 along with the borough auditor about going to the maximum cap levy under the law," Pfeffer said.

Pfeffer said at the meeting that he expected to see a decline of $1.1 million in the borough's surplus.

However, last week Pfeffer said the situation might be a little worse than the original projections.

"If revenue stays no worse than flat, we can have a cap levy issue of $1.5 [million] to $2 million in the 2010 budget," he said.

One issue in the budget that remains uncertain, he said, is the possibility that the state will increase the cost of health benefits.

"The newspapers are reporting that the state health benefits may see an increase of upward of 20 percent. There is a provision in the law for a cap waiver when the state health benefits exceed 4 percent, so that will have some impact on my numbers," Pfeffer said. "At this point, we don't know where that's going."

As currently constituted, the tax rate is 35.3 cents per $100 of assessed valuation, which is the same as last year's budget. Pfeffer suggested raising that.

"The increase, going [up] 2.8 cents, is approximately $850,000," he said, adding, "which is approximately $98 on the average home."

One point Pfeffer wanted to get across is that overall taxes for Tinton Fall residents are down.

In April, Tinton Falls residents voted to pass the school budgets for both the Tinton Falls School District and the Monmouth Regional School District, which, according to Pfeffer, resulted in a school tax reduction of $206 a year for residents.

Under Pfeffer's proposal, municipal taxes would go up by about $98 per household.

"Going to the max allowed by the law, the average homeowner in Tinton Falls will receive a decrease of $108," he said. "Originally, they would have received a decrease of $206."

For Councilman Andy Mayer, cutting expenses is a better option than raising taxes.

According to Pfeffer, that is something that has been looked at but would not make a big change in the budget.

"We've gone through the budget on three different cycles with the departments, and they have made cuts every time," he said.

"But the bottom line for most of the departments [is that] their share of the budget is very small," he added. "We are talking only about things they have direct control over. They don't control salaries, they don't control health benefits, and they don't control the pensions.

"So, really, they have limited amount of control over the budget themselves."

Pfeffer said the departments might cut as much as they can and that they pretty much know how the rest of the year is going to play out.

"I feel that for the most part, we've taken care of them, and now we've gone through six months, so we have a pretty good idea of what we're going to spend for the rest of the year," he said.

Pfeffer said, basically, that no matter how much the budget is trimmed, declining revenues due to the recession are going to offset the borough's cuts.

"It's not anything that's going to offset where we stand right now," he said. "It's all revenue-driven."

At the June 16 meeting, Pfeffer said the majority of the revenues come in the summer months and that he did not have the numbers for June.

While the hope was for a strong June, the reality was that revenues did not improve.

"The revenue picture did not get any brighter in June," he told the council.

One item where Pfeffer hoped revenues would be up was from the hotel tax, but they are headed in the wrong direction, he said.

"Actually, the hotel tax was off more then I was hoping for," he said. "That's actually going backward."

Pfeffer has hoped that revenues would improve in the coming months, but realistically it does not look feasible, he said.

"The cap is really revenue-dependent, and if the revenues pick up for the last six months, then everything can change dramatically going into next year," he said. "But as we stand right now, nothing is indicating that's going to happen."

With the state-mandated cap on the tax levy, the options to save money without going over the cap are limited to furloughs and layoffs, he said.

"From the furlough standpoint, that's not going to generate anywhere close to that number [to offset raising taxes]," Pfeffer said.

Pfeffer also said there are two other options that would enable the borough to raise the levy over the 4 percent cap.

"The first option is a cap levy waiver with the local finance board," he said. "The second option is by referendum, and referendum requires a 60 percent approval in the voter turnout."

The likelihood of getting such a referendum is small, however, and the borough may have to rely on an unpredictable finance board.

"Last year the state granted a lot of waivers," he said. "This year, I think because it's an election year, they've tightened up the amount of waivers they've granted. Next year, who knows?

"If you can make a case for the health and public safety of the residents, then they are hard-pressed to deny a waiver."

As for the schedule for the budget, Pfeffer is looking for input from the council before the next meeting.

The next steps would be to amend the budget on July 21 and to adopt the budget on Aug. 4.

However, that is reliant on the state being able to review the amendment, which complicates the process.

"I just found out today that our budget reviewer is going on vacation the next two weeks," Pfeffer said. "So, I did send him everything, hoping that he would have a chance to look at it and ask any questions.

"I'm not sure how backed up he is or whether or not he's going to have a chance to look at it before he goes." Contact Kenny Walter at

kwalter@gmnews.com.


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Saturday, October 3, 2009

In dark time, husband finds the 'availability of hope'

In dark time, husband finds the 'availability of hope'
BY KENNY WALTER Staff Writer

Darren LeBlanc with his late wife Misty
LONG BRANCH — A city man has launched a charity in honor of his deceased wife to help those affected by life-threatening illnesses.

Darren LeBlanc founded Anthem of Hope in memory of his wife, Misty, who passed away on Sept. 23, 2008, after being diagnosed with a brain tumor.

"It's a multimedia organization," LeBlanc said of the nonprofit.

According to LeBlanc, Anthem of Hope "tackles spiritual needs, meaning the funds being raised will go toward producing aids that help people cope with their problems and remain faith-filled and hopeful."

LeBlanc launched a website in April and is prepping his first project, which is due out later this summer.

"The first product is the 'Encouragement' disc," he said in an interview. "It's an audio disc of scripture from the Bible, with readings of faith and healing based on passages set to original music."

The disc will be packaged for purchase sometime in the fall, but LeBlanc plans to unveil it with a free download next month.

"We are looking for the prerelease sometime in August," he said, "meaning it will be available for free on the website.

"Then sometime after that, we will have hard copies available for purchase," he added. "It will be a gift package, which will include the CD as well as the journal with written copies of the scriptures."

The disc features Bible readings, but one of the most challenging parts of the production was finding the right voice to read the scriptures, he said.

"We interviewed about 200 voice talents and chose the best three to read the scriptures," he said.

"The production quality will be great," LeBlanc said. "

LeBlanc explained that he started blogging about his wife's story while she was struggling with her illness, and through that struggle, they both came out of it as faith-filled people.

"We were in a very dark place then," he said. "Home was dark and depressing.

"We decided to make changes in life by finding faith and God," he added. "We did a 180, even when her body was deteriorating by the day.

"I went from despair to hope."

And as his wife was struggling, LeBlanc decided it was a chance for him to help other people who are struggling with similar scenarios.

"In the midst of it, we just tried to be hopeful and joyful," he said. "That is where I came up with the vision to help other people."

LeBlanc explained that the funding for the project comes from donations.

"It is all through personal donations," he said. "My blog has a spot for viewer donations.

For LeBlanc, his wife's illness and death were difficult, but some good has come out of the loss.

"It's not easy to lose your wife, but seeing how many people are impacted from her story makes it more bearable," he said. "I have received thousands of e-mails. I'm taking

her story and using it to help others."

The Anthem of Hope currently has 13 people volunteering their time, and for LeBlanc they are all brought together by the tragedy of his wife's death.

"We are an unlikely group brought together by Misty's story, and we are held together by two constants: the inevitability of sickness and the availability of hope," he wrote on his website.

"We are passionate about shining light into the dark times that millions walk through each day — dark times which are so often associated with illness," he added.

For LeBlanc, it is sometimes a challenge to be a single father, hold down a full-time job and run the charity, but somehow he makes time for everything in his life.

"The hardest part is that I have a day job from 8 to 5 every day," he said. "Then I have to take care of my daughter."

He finds time after his daughter's bedtime to work on the Anthem.

"I end up working onAnthem of Hope until 3 or 4 in the morning," he said. "I have a lot of energy, so it's OK, but balancing the hours is the hardest part."

As Anthem of Hope becomes popular and successful, the reason for its founding will not be forgotten, he said.

"Misty LeBlanc's story is and will always be at the core of Anthem of Hope," LeBlanc wrote on the website. "She was the first member of the movement and the first life impacted by its mission.

"She will forever be an example of the value of caring friends."

While the inspiration of the charity was faith through sickness, one does not have to be sick to benefit from the Anthem of Hope.

"The major goal of Anthem of Hope is faith building, not healing," he wrote. "Difficult circumstances can be confusing in terms of where to turn for help; our resources provide a starting point for answers, exploration, and growth in a relationship with God."

LeBlanc said that a DVD filled with healing stories and a music service are two of the projects planned for the future.

LeBlanc is also touring for speaking engagements with churches and other community organizations.

To learn more about the Anthem of Hope, visit http://anthemofhope.com/index.php; LeBlanc's blog can be accessed at http://leblanclife.com/.

Contact Kenny Walter at

kwalter@gmnews.com.


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L.B. awards bid for courtroom renovations

L.B. awards bid for courtroom renovations
BY KENNY WALTER Staff Writer

LONG BRANCH — The City Council passed a resolution awarding a contract for improvements to the city's municipal court building.

By a 4-0 vote during its June 23 meeting, the City Council awarded Sea Girtbased Adirondack Contracting Inc. the bid to make the improvements. Councilman Anthony Giordano was absent for the vote.

The courthouse is located at 279 Broadway on the corner of North Fifth Avenue.

According to the resolution, the shorebased contracting company will be paid $41,000 for the work, nearly $35,000 less then the only other bid the city received.

The city engineer, Birdsall Engineering, Eatontown, recommended Adirondack over Rocon Contracting Inc., Brielle, which came in with a bid of $74,340.

According to Long Branch Business Administrator Howard Woolley, the changes are coming after the state changed some of the requirements for court buildings.

"The state changed various requirements," Woolley said in an interview last week.

Woolley explained some of the changes that are going to be made.

"We need to make some changes to the entrance ways," Woolley said. "The office space is woefully inadequate."

Woolley explained that the city is working with the county in making the improvements to the courtroom.

"We met with the Office of the Court Administrator in Freehold and went over the items they suggested we change and our plans," he said.

Woolley said that while he is not sure when construction will begin, he hopes it will be business as usual for Long Branch.

"There will be some inconveniences," he said. "The offices will be moved to the fifth floor [during construction], so people may complain that they will have to go up to the fifth floor.

"We will make do with some inconvenience, but the courts will still run normally," he added.

Woolley said the next step is to continue meeting with the county to finalize plans to begin construction.

"We want to get this done as fast as possible," he said.

Contact Kenny Walter at

kwalter@gmnews.com.


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