Friday, November 29, 2013

Self-Interest, Self-Importance, Self-Enrichment, Self-Perpetuation


Eustace took the Lodi Police Department’s “Operation Take Back” and made it about himself.  He took a $245,000 grant in which he had nothing to do in securing and presented it as his own.  Today, in the Record newspaper, he took Lodi’s judgment against the Passaic Valley Water Commission and made it about his personal friend and campaign supporter Marc Schrieks.

So I will save Eustace and Schrieks some time.  I made a new fake replica check for them.  Maybe they can present it at the next council meeting.


 Eustace’s letter in today’s paper:


Out of fairness to the facts, some things need to be corrected in his letter.  Lodi initiated the case against PVWC in 2011, not 2009.  The unconscionable increases occurred in 2009 and 2010 with a 25% and 29% increase respectively.  No action was taken by the borough until years later.

Former Mayor Thomas Desomma was the mayor that initiated the suit and took a leadership role at that time.  Former Mayor Philip Toronto provided the key testimony at trial.  The law firm Archer and Greiner received a large sum of tax dollars to represent Lodi during the appeal.

This judgment was a great victory for Lodi.  It was unnecessary and not productive for Assemblyman Eustace to politicize the issue and center the victory on his personal friend that did not have a leadership role in the matter.

Thursday, November 28, 2013

REJECTED!....Little Has Changed with the BOE’s “Do Over”

The Record newspaper reported the following story on October 2, 2013:


Well, it looks like Lodi fell in that category. What a surprise!

The Lodi Board of Education revised its goals on October 14, 2013.

If you look at the original goals from August 29, 2013 and then at the "REVISED" ones from October 14, 2013, you can see that nothing really changed.

The Lodi BOE is embarrassing themselves and our community.

Below are the original goals followed by the revised ones:

Tuesday, November 26, 2013

“Consulting Fees”, Sirius Radio, and Temper tantrums





Below are some questions of the council tonight (in yellow) and a summary of responses:


1)      Mrs. Licata, monthly bills show that your son was being paid $350 for consulting fees (May, July).  Now he is being paid $500 (October).   Why the increase?

Mrs. Licata didn’t know what the consulting fees were for.  She said she could call her son and ask him what they were for if I really cared.

Marc Schrieks read all of Shane Sudol’s bills from years ago. 

I said that wasn’t the issue at hand.  The deputy mayor’s son is being paid by the borough for consulting fees and they should be able to explain the increase.  Are any Lodi tax dollars used for this?

Marc Schrieks responded, “No”, and said it was all grant money. 

The auditor said Lodi tax dollars are appropriated for the drug alliance as matching funds.  He stated that the appropriated tax dollars may or may not be used each year. 

Marc Schrieks said it was Licata’s job at the club to apply for grants.

Doesn’t Joe Licata get paid by the club?  Why are you paying him extra for something you say is his job at the club?

They don’t know.  Marc asked if I would rather see Mike Nardino get paid the money. 

Mr. Schrieks said during the June meeting that he believed Joe Licata was the only qualified person for the “consulting fees”.  What are the qualifications? 

Marc doesn’t know what the qualifications are.  He said that Mike Nardino, Diego Cruz, and Joe Licata are qualified for the consulting fees.

Mr. Schrieks sits on the board of directors of the Lodi Boys & Girls Club.  He should be able to answer questions about bills he approves on the council.

Marc said that he hasn’t attended a meeting in 8 months. 

I said that is nothing to be proud of. 

Marc’s face turned beet red. He asked me to name any public service I do. 

I stated that I don’t tell everyone when I volunteer and that some people don’t brag about themselves.

If you don’t understand the monthly bills, and because of your conflicts, maybe you should tell the agency in charge of grants to deal directly with the club.

 

2)      Did you bill Lodi for any expenses during your trip to Atlantic City?

          Marc Schrieks said “No”. 

          So you didn’t bill Lodi for your hotel room like last year?

Schrieks said he got a hotel room for free this year.

I stated that I was glad that Marc didn’t bill Lodi again for his hotel rooms. 

Tony Luna sat silent and didn’t state whether or not he billed Lodi for any personal expenses in Atlantic City. 

 

3)      Can you explain $181.31 bill for Sirius radio?

Tony Luna said he thinks it came with a police car so the town had to pay for it. He then added it was part of a contract.

I stated that the bill was paid to Sirius and not the car dealership.  I explained that Sirius radio is an option and you aren’t forced to pay for it.

Marc Schrieks argued that it’s not optional and you have to pay for it.  He then attacked me.   He stated over and over that I think I’m a car salesman now and an expert on car leases.

I stated that I bought a car not too long ago and nobody is forced to pay for Sirius radio. It is an option.

 

4)      When you post the minutes for this meeting, can you include the actual resolutions for the tax settlements and tax refunds?

Marc said they can be viewed upstairs.

I stated that Pinto is already saving about $20,000 this year in taxes. He is listed tonight for receiving another settlement (not a judgment). What else can you possible give him?

I asked if they can just e-mail me all the monthly resolutions and I will put them on-line.  This would require no work or paper.  They are already saved on the computer and they can easily be e-mailed as an attachment.

This administration  explained that an OPRA request would have to be filled out for that information.




Follow up:

Where is this supposed grant money coming from?  Here are the grant pages from Lodi's budgets for 2013, 2012, and 2011.  The money anticipated and realized from the categories that sound like they  could apply to the issue at hand wouldn't even cover Joe Licata's consulting fees.

2013 Budget Page 16/46:

http://www.lodi-nj.org/web_content/acrobat/budgets/Budget-CY2013-Adopted.pdf

2012 Budget Page 16/46:

http://www.lodi-nj.org/web_content/acrobat/budgets/BUDGET--CY2012.pdf


2011 Budget Page 16/46:

http://www.lodi-nj.org/web_content/acrobat/budgets/BUDGET--CY2011.pdf

 

Sunday, November 17, 2013

A “SPECIAL PURPOSE PROPERTY” RECEIVED A VERY SPECIAL TAX BREAK.





This post is a follow up to:


I just listened to Judge Andresini's ruling, looking for the big explanation.  I couldn’t find it.

The judge is a fast talker and most of his ruling was a summary of what was presented by both sides.  His final decision was abrupt. The ruling lacked substance and adequate evidence.  His new assessment figures were not based on any scientific method. 

The judge’s own recap showed that Lodi had a stronger case than Pinto.  In Lodi’s defense were eight comparables, expert appreciation numbers with explanation, and the fact that the burden of proof remains with the taxpayer.

Pinto’s case was lacking.  There was the constant use of the phrase “special purpose property” to make the argument that comparables should not be used.  The property is so special, it’s hard to compare it to another.

It was mentioned in passing that IF the business use of the property was changed and IF capital improvement didn’t take place, the building could be used as a warehouse.  The ruling did not change the classification of the business use to warehouse.  The ruling fully acknowledged that it is transfer station.

Judge Andresini’s decision should be revisited, appealed, and overturned. 

The Lodi council never made this ruling public and they never appealed it.  In fact, they rewarded Pinto even more after it. 

This is no way to run a State Tax Court.  This is no way to run Lodi.

 

Tuesday, November 12, 2013

Was New Jersey’s Open Public Meetings Act Violated Tonight?




This administration planned to discuss their “Annual Municipal Audit” tonight which included the auditor’s recommendations.  A vote to approve this audit is scheduled for their next regular council meeting (Resolution No. 13-178). 

At first, the public was told that the audit would be discussed when the auditor arrived and that he was running late.  Then, at some point, Marc Schrieks asked the Borough Attorney, Alan Spiniello, if the discussion should go into closed session.  Mr. Spiniello said he would have to ask the auditor, Mr. DiMaria.

As Mr. DiMaria entered the meeting at approximated 6:47 p.m., Mr. Spiniello intercepted him at the door and had a few words with him outside the meeting room.

 After they both reentered the meeting and took their seats, Mr. Spiniello asked Mr. DiMaria if they should go into “closed session” and if the audit included any litigation.  Mr. DiMaria responded “Yes”.  The council voted to go into “closed session” and the public was asked to leave meeting.

 There are many problems with what occurred tonight.  Discussing the auditor’s recommendations may not make this administration look good but it does not meet any criteria for a “closed session”.  If litigation was the concern, Mr. Spiniello would have been able to make a definitive decision on the matter.  He would not intercept the auditor outside and ask him to make the call.  Using “litigation” as an excuse  was beyond a stretch.  Nothing from the auditor’s report was discussed tonight.  The entire auditor’s report is not “litigation”.  "Recommendations" are not "litigation."

The public needs to realize that this council did not discuss any of the auditor’s recommendations last year at any regular council meetings.  They probably discussed them upstairs when nobody was present.  This year, they did not have the luxury of not having anybody from the public present at their “Executive Meeting”. 

 “Closed Sessions” should not be used casually and the law should be cited directly when doing so.  This anti-transparency government cannot pick and choose what to discuss at public meetings.  They need to follow the law.  The public can read New Jersey’s Open Public Meetings Act (“Sunshine Law”) below to see that an auditor’s report does not meet any criteria for a “closed session”.  Was proper protocol followed? 


 

CLOSED SESSIONS: Closed or “executive” sessions may be held without public notice, or during the course of a public meeting, provided that the subject matter is covered by one or more of the following legal exemptions:


·       Matters made confidential by state, federal law or rule by court.

·        Disclosure would result in an unwarranted invasion of individual privacy, unless the person affected consents in writing.
·        Disclosure would impair the body's right to receive federal or state funds.
·       Collective bargaining.
·       Lease or acquisition of property, setting of banking rates, investment of public funds if disclosure would harm the public interest.
·        Investigations into violations of law.
·        Strategies to protect public security.
·        Pending, ongoing or anticipated litigation or contract negotiation, including attorney-client privilege. The threat of litigation must be more than theoretical for this exemption to apply.
·       Personnel matters affecting employees of the public bodies, unless all parties request or consent to a public hearing. Prior to discussion of personnel, affected employees must be given notice, known as a Rice notice, which gives the employee the right to request a public hearing.
·        Proceedings that could result in a suspension, civil penalty, or loss of a license or permit.
 
 
• Closed sessions are limited to discussion; all formal actions must be made in the open, regardless of subject matter.
 
 
• Prior to any closed session, the body must adopt a resolution stating the general nature of the subject to be discussed and the time when the discussion can be disclosed. The precise nature of the matter discussed may be withheld until the need for the closed session has passed.
 
 
MINUTES: Minutes must be kept of closed sessions. The minutes should start with a statement of the time, place and manner of notice, or in the case of an emergency meeting, a statement sufficient to satisfy the emergency meeting notice requirements. Minutes should show, at a minimum, the names of the members present, individual votes of each member, subjects considered and actions taken. Minutes must be promptly made available once the necessity of the closed session has passed.
 
 
 

 

Sunday, November 10, 2013

The Florio Firm is Bipartisan Just as the Passaic Valley Sewerage Commission Was...




This firm was created by lawyers from both parties that made their livings through politics.  They contribute large amounts of cash to political campaigns in order to secure no bid government contracts for themselves.  They tout their past political ties and current political posts to entice greedy politicians to make their own deals.  Self-serving office holders hand the Florio firm a no bid contract and buy their own influence at the same time.

Two partners in this firm each contributed $500 to the last campaign of the Lodi council members:


They have been cashing in ever since.  Here are just a few of their bills, some of which could not be explained at council meetings :




Greed is bipartisan.  Pay-to-Play is bipartisan.   The Florio firm is bipartisan in those regards.  A few weeks ago, somebody working for Bob Gordon’s campaign told me I should vote for Bob Gordon because his wife is a Republican and works on Republican campaigns.  I asked, doesn’t she work for the political Florio firm?  Our conversation ended there.

http://www.fpsflawfirm.com/chapter.asp?projectID=27&projectImageFolder=http://www.fpsflawfirm.com/media/images/&chapter=450

The Passaic Valley Sewerage Commission was bipartisan just as the Florio firm is.  Abuse, patronage, and buying influence is wrong whether it is done by Republicans, Democrats, or both.

Lodi should be independent from both county political parties.  Lodi should pass a real pay-to-play ordinance.  Lodi should ban the Florio firm from its monthly bills.

Below is a long, long list of political contributions made by three partners of the Florio firm in 2012 alone.  The ones in red were made by Paul Fader, a former McGreevy lawyer, a current member of the Bergen County Tax Board, and a Lodi council campaign contributor.  Notice how Perucci and Fader contributed the same amounts to the same campaigns in 2012, just like it did with Lodi in 2011 :
500
Mayor Hawkins Re-Election Fund
1500
EFO Nash, Greco, and Leonard for Freeholder
500
GT Chairmans's Club
250
Dough PAC
500
EFO Louis Greenwald for Assembly
375
Election Fund of John S. Wisniewski
1500
Steve Sweeney for Senate
5000
Horizon Fund
500
EFO Donald Norcross for Senate
125
Election Fund of Jamel C Holley
500
Election Fund for Senator Codey
375
Riverside Democratic Organization
500
Elias Chalet for Bloomfield Committee
250
Committee to Elect Ted Green
1275
EFO Nash, Leonard and Gentek for Freeholder
500
Committee to Elect DiCarlo
750
Damminger & Chila for Freeholder
150
EFO Rich DiFalco for Council
375
CTE Patrick J. Diegnan Jr to Assembly
1000
Leaders Fund
2750
United Water Inc New Jersey PAC
500
Election Fund for Senator Codey
1050
Election Fund of Doug Long
750
EFO of Assemblyman Whip Wilson
1000
Damminger & Chila for Freeholder
500
Gloucester Township for Citizens for Government reform
500
EFO Donald Norcross for Senate
700
Dough PAC
500
EFO Rich DiFolco for Council
1500
EFO Nash, Leonard and Gentek for Freeholder
500
Election Fund of Jamel C Holley
1250
Election Fund of Joe Derella
150
Riverside Democratic Organization
500
Committee to Elect DiCarlo
500
Dough PAC
1250
Committee to Elect DiCarlo
1225
District 36 Democratic Club
500
Vision for New Jersey
2500
District 36 Democratic Club
500
Committee to Elect Ted Green
500
NJ Working Family Alliance
1600
EFO Donald Norcross for Senate
500
Mayor Hawkins Re-Election Fund
1500
EFO Nash, Greco and Leonard for Freeholder
500
GT Chairman's Club
250
Dough PAC
500
EFO Louis Greenwald for Assembly
375
Election Fund of John S. Wisniewski
1500
Steve Sweeney for Senate
5000
Horizon Fund
2474.39
Horizon Fund
500
EFO Donald Norcross for Senate
125
Election Fund of Jamel C Holley for Mayor
500
Election Fund of Senator Codey
250
Committee to Elect Ted Green
500
Elias Chalet for Bloomfield Councilman
375
Riverside Democratic Organization
1275
EFO Nash, Leonard and Gentek for Freeholder
500
Committee to Elect DiCarlo
750
Damminger & Chila for Freeholder
375
CTE Patrick J Diegnan, Jr to Assembly
250
Sweeney, Burzichelli and Riley
1000
Leaders Fund
2750
United Water Inc. New Jersey PAC
500
Election Fund of Senator Codey
1050
Election Fund of Doug Long
750
EFO of Assemblyman Whip Wilson
1000
Damminger & Chila for Freeholder
500
Gloucester Township for Citizens for Government Reform
500
EFO Donald Norcross for Senate
700
Dough PAC
1500
EFO Nash, Leonard and Gentek for Freeholder
500
EFO Rich DiFolco for Council
500
Election Fund of Jamel C Holley
1250
Election Fund of Joe Derella
500
NJAA PAC
150
Riverside Democratic Organization
500
Committee to Elect DiCarlo
500
Dough PAC
1250
Committee to Elect DiCarlo
1225
District 36 Democratic Club
500
Vision for New Jersey
2500
District 36 Democratic Club
500
Committee to Elect Ted Green
500
NJ Working Family Alliance
1600
EFO Donald Norcross for Senate
2000
Giaimis for Freeholder
2500
Skylands PAC
600
Bramnick for Assembly
500
DePaola & Saridaki for Scotch Plains
3500
Leadership PAC for Better Government
3500
Leadership PAC for Better Government
1000
Committee to Elect Gary Chiuasano
300
Committee to Elect Andy Horun
2600
Diane Allen For Senate
500
Kean for Senate
300
Committee to Elect Belcaor, DeVos, and Horun
500
EFO Barbara Buono for Senate