BY MEGHAN VAN DYK • STAFF WRITER • MAY 6, 2010
MOUNT OLIVE -- Voters will get to decide the fate of emergency medical service in the township, a judge ruled Wednesday.
Superior Court Assignment Judge B. Theodore Bozonelis sided in favor of a group of petitioners who sought to get a referendum question on the ballot asking whether the township should be required to contract with the Budd Lake and Flanders volunteer first aid squads for ambulance service on weeknights and weekends.
The petition was brought forward by a committee called Save the Mount Olive Rescue Squads in response to Mayor David Scapicchio's decision to seek a full-time private crew that would bill patients directly for transportation to hospitals.
Township attorney John Dorsey filed a lawsuit last month seeking to have the referendum blocked, arguing that voters have no authority to decide a budgetary issue.
But in his ruling, Bozonelis said the question of whether volunteers or a paid service provides EMS service is policy issue that citizens are permitted to bring to a referendum.
Citing an April decision of the state Supreme Court in the case of a citizens' challenge of the proposed sale of Trenton's water utility, Bozonelis said the township failed to show a clear legislative exemption to initiative and referendum as permitted in the state Faulkner Act, which he called "the most fundamental democratic process'' in the Act.
"This is not a budget ordinance,'' Bozonelis said. "It is a policy decision, a choice made by the governing body made for legitimate reasons to cut out volunteer services as a budget fix. The ordinance suggests (residents) believe there is a competing policy.''
It remains unclear whether the referendum will be held in the November general election or whether a special election date will be set. Bozonelis urged officials to continue funding the volunteer squads until the November election so the township, which cited economic woes in the argument for privatization, does not incur the $43,000 cost of a special election.
Bozonelis did, however, side with the township in that the ordinance, if approved by voters, would only contract with volunteers for two years, not the five requested by the petitioners.
Scapicchio, who did not attend the hearing, said he plans to arrange a meeting with leadership from the volunteer squads to discuss the issue. He had previously said he would recommend the council approve a contract with Hackettstown Regional Medical Center despite the ruling. In its proposal, the hospital said it would keep two ambulances on call and bill patients $650 plus a fee of $12 per mile to be transported to the hospital.
"The goal is to improve EMS in Mount Olive township and I will work with the volunteers to make that happen,'' Scapicchio said.
Colleen Labow, a councilwoman who has supported the volunteer squads, criticized Scapicchio for his "relentless'' pursuit of a 24/7 paid ambulance service.
"His was not a well thought out plan,'' Labow said. "The township would be forcing residents to pay for 24/7 and to pay to keep volunteers on as backup.''
Former township councilwoman Barbara Swasey, who was one of those who petitioned for the referendum and who was named as a defendant in the lawsuit filed by the township, said after the ruling that she felt relieved.
"I'm smiling,'' she said. "We are reasonable, intelligent people with good intentions and we should be able to work this out.''
Showing posts with label Z) Mt. Olive Twp. Recall. Show all posts
Showing posts with label Z) Mt. Olive Twp. Recall. Show all posts
20120229
Judge: Voters get to decide future of Mount Olive volunteer EMS
BY MEGHAN VAN DYK • STAFF WRITER • MAY 5, 2010
A judge today ruled that voters in Mount Olive will decide the fate of emergency medical service in the township.
Superior Court Assignment Judge B. Theodore Bozonelis sided with a group of petitioners who sought to get a referendum question on the ballot for voters to decide whether the township should be required to contract with the Budd Lake and Flanders volunteer first aid squads for ambulance service on weeknights and weekends.
The petition was brought forward by a committee called Save the Mount Olive Rescue Squads in response to Mayor David Scapicchio’s decision to seek a full-time paid ambulance crew that would bill patients directly for transportation to the hospital. the committee collected hundreds more signatures needed than the required 1,100 for a ballot initiative.
Township attorney John Dorsey filed a lawsuit last month seeking to have the referendum blocked, arguing that voters have no authority to decide a budgetary issue.
But in his ruling, Bozonelis said the question of whether volunteers or a paid service provides EMS service is policy issue that citizens are permitted to bring to a referendum.
A judge today ruled that voters in Mount Olive will decide the fate of emergency medical service in the township.
Superior Court Assignment Judge B. Theodore Bozonelis sided with a group of petitioners who sought to get a referendum question on the ballot for voters to decide whether the township should be required to contract with the Budd Lake and Flanders volunteer first aid squads for ambulance service on weeknights and weekends.
The petition was brought forward by a committee called Save the Mount Olive Rescue Squads in response to Mayor David Scapicchio’s decision to seek a full-time paid ambulance crew that would bill patients directly for transportation to the hospital. the committee collected hundreds more signatures needed than the required 1,100 for a ballot initiative.
Township attorney John Dorsey filed a lawsuit last month seeking to have the referendum blocked, arguing that voters have no authority to decide a budgetary issue.
But in his ruling, Bozonelis said the question of whether volunteers or a paid service provides EMS service is policy issue that citizens are permitted to bring to a referendum.
Mount Olive council goes to court to stop referendum on EMS volunteers
BY PEGGY WRIGHT • STAFF WRITER • APRIL 12, 2010
The Mount Olive Council will ask a judge next week to block voters from deciding whether the township should be required to contract with two volunteer rescue squads to provide emergency services over specific hours.
A committee called Save the Mount Olive Rescue Squads was able to collect hundreds more than the 1,100 signatures needed on a petition to get a proposed referendum question on the ballot for either a special election or the November general election.
Though the council last month passed a resolution to table -- or take no action on -- the committee's proposed ordinance to give two volunteer squads specific on-duty hours, township Clerk Lisa Lashway still forwarded the committee's petition to Morris County Clerk Joan Bramhall for placement on the November ballot.
Township attorney John Dorsey has opined that voters have no authority to decide a budgetary issue by referendum. He will ask Superior Court Assignment Judge B.
Theodore Bozonelis on April 20 for an order blocking such a vote.
For many years and up until June 1, 2009, the volunteer squads Flanders Fire and Rescue Co. No. 1 and Budd Lake First Aid and Rescue Squad provided services, with the township making annual appropriations for their equipment and maintenance.
To save money, the township last year retained the services of Atlantic Health Care to station ambulances in Budd Lake and Flanders between 5 a.m. and 5 p.m. Monday through Friday. Atlantic is compensated only through the insurance or payments of residents being served by the ambulances. The volunteer squads have continued to respond to all calls between 5 p.m. and 5 a.m. on weekdays and at all hours on weekends.
This year, the council hopes by June 1 to have full-time coverage by Atlantic Health or another provider but would use the volunteer squads as back-up to assist at scenes but not transport patients, said township Administrator William Sohl.
Volunteer committee member Barbara Swasey, a former township councilwoman who is named as a defendant in the lawsuit, said the group has also done research and believes Dorsey could be wrong in saying voters can't decide whether the two squads can retain certain hours.
''I feel very strongly about this,'' Swasey said. ''I and my family have had occasion to use our rescue volunteers over the years and they've always responded promptly and with compassion.''
The lawsuit said saving money is imperative and Atlantic's response times have proven to be as good, if not better, than the volunteers squads.
''The 2009 and 2010 budgets were devastating for Mount Olive, which has, perhaps, $500,000 in tax assessments being contested...,'' the township's lawsuit said.
The Mount Olive Council will ask a judge next week to block voters from deciding whether the township should be required to contract with two volunteer rescue squads to provide emergency services over specific hours.
A committee called Save the Mount Olive Rescue Squads was able to collect hundreds more than the 1,100 signatures needed on a petition to get a proposed referendum question on the ballot for either a special election or the November general election.
Though the council last month passed a resolution to table -- or take no action on -- the committee's proposed ordinance to give two volunteer squads specific on-duty hours, township Clerk Lisa Lashway still forwarded the committee's petition to Morris County Clerk Joan Bramhall for placement on the November ballot.
Township attorney John Dorsey has opined that voters have no authority to decide a budgetary issue by referendum. He will ask Superior Court Assignment Judge B.
Theodore Bozonelis on April 20 for an order blocking such a vote.
For many years and up until June 1, 2009, the volunteer squads Flanders Fire and Rescue Co. No. 1 and Budd Lake First Aid and Rescue Squad provided services, with the township making annual appropriations for their equipment and maintenance.
To save money, the township last year retained the services of Atlantic Health Care to station ambulances in Budd Lake and Flanders between 5 a.m. and 5 p.m. Monday through Friday. Atlantic is compensated only through the insurance or payments of residents being served by the ambulances. The volunteer squads have continued to respond to all calls between 5 p.m. and 5 a.m. on weekdays and at all hours on weekends.
This year, the council hopes by June 1 to have full-time coverage by Atlantic Health or another provider but would use the volunteer squads as back-up to assist at scenes but not transport patients, said township Administrator William Sohl.
Volunteer committee member Barbara Swasey, a former township councilwoman who is named as a defendant in the lawsuit, said the group has also done research and believes Dorsey could be wrong in saying voters can't decide whether the two squads can retain certain hours.
''I feel very strongly about this,'' Swasey said. ''I and my family have had occasion to use our rescue volunteers over the years and they've always responded promptly and with compassion.''
The lawsuit said saving money is imperative and Atlantic's response times have proven to be as good, if not better, than the volunteers squads.
''The 2009 and 2010 budgets were devastating for Mount Olive, which has, perhaps, $500,000 in tax assessments being contested...,'' the township's lawsuit said.
Mount Olive's volunteer EMS issue will go to public referendum
By Meghan Van Dyk • Staff writer • March 25, 2010
Mount Olive residents will get to decide after all whether they want the township to ink a four-year deal for weeknight and weekend ambulance service with the township’s two volunteer first aid squads.
Lisa Lashway, the township clerk, today filed paperwork with Morris County officials that puts an ordinance -- brought forward by petition -- onto the ballot of a special election this fall. The move comes after an attorney representing the petitioners notified the township the group was prepared to sue to force the referendum after the council rejected the special vote.
“The initiative petition conformed to the statute and the council chose not to take action on the ordinance, so I did as the statute directed me in my official capacity as the election official,” Lashway said in an e-mailed statement.
A date for the referendum has not yet been scheduled.
The news came as a shock to Ken Taylor, a petitioner who helped found Save the Mount Olive Rescue Squads, a group created to raise money for legal fees associated with the drive to keep the volunteer squads on the job.
The petition drive netted approximately 2,200 signatures. Lashway approved 1,700 of those signatures. The group needed only 1,100 to get the issue onto a public ballot.
“There was some initial reluctance, so we were not expecting this,” Taylor said. “We are extremely happy to see that the people of Mount Olive not only will have the opportunity to have their voices heard, but also to see the proper workings of government.”
Mayor David Scapicchio first announced his plan to sign a deal for full-time ambulance coverage with a private squad in December. Since then, the volunteer squads have been working toward a compromise that would allow them to continue serving the township.
The township currently has a contract with Atlantic Ambulance to provide weekday coverage from 5 a.m. to 5 p.m. The volunteer squads provide coverage on nights and weekends.
Scapicchio has said he wants to keep the squads on as back-up to the private service, but he has also eliminated their funding as of June 1.
The township already has issued a request for proposals to hire a full-time squad, the bids for which are due April 7.
The results of the referendum could eventually be moot. Township attorney John Dorsey insists the results of any referendum will not be binding on the township government. The issue is likely to be decided in the courts.
Mount Olive residents will get to decide after all whether they want the township to ink a four-year deal for weeknight and weekend ambulance service with the township’s two volunteer first aid squads.
Lisa Lashway, the township clerk, today filed paperwork with Morris County officials that puts an ordinance -- brought forward by petition -- onto the ballot of a special election this fall. The move comes after an attorney representing the petitioners notified the township the group was prepared to sue to force the referendum after the council rejected the special vote.
“The initiative petition conformed to the statute and the council chose not to take action on the ordinance, so I did as the statute directed me in my official capacity as the election official,” Lashway said in an e-mailed statement.
A date for the referendum has not yet been scheduled.
The news came as a shock to Ken Taylor, a petitioner who helped found Save the Mount Olive Rescue Squads, a group created to raise money for legal fees associated with the drive to keep the volunteer squads on the job.
The petition drive netted approximately 2,200 signatures. Lashway approved 1,700 of those signatures. The group needed only 1,100 to get the issue onto a public ballot.
“There was some initial reluctance, so we were not expecting this,” Taylor said. “We are extremely happy to see that the people of Mount Olive not only will have the opportunity to have their voices heard, but also to see the proper workings of government.”
Mayor David Scapicchio first announced his plan to sign a deal for full-time ambulance coverage with a private squad in December. Since then, the volunteer squads have been working toward a compromise that would allow them to continue serving the township.
The township currently has a contract with Atlantic Ambulance to provide weekday coverage from 5 a.m. to 5 p.m. The volunteer squads provide coverage on nights and weekends.
Scapicchio has said he wants to keep the squads on as back-up to the private service, but he has also eliminated their funding as of June 1.
The township already has issued a request for proposals to hire a full-time squad, the bids for which are due April 7.
The results of the referendum could eventually be moot. Township attorney John Dorsey insists the results of any referendum will not be binding on the township government. The issue is likely to be decided in the courts.
Mt. Olive council vetoes special election on ambulance service
By MEGHAN VAN DYK • STAFF WRITER • March 21, 2010
MOUNT OLIVE — The township council has voted against holding a special election to let residents decide the future of emergency medical services in Mount Olive.
The council last week passed a resolution 6-1 stating that it will disregard a petition initiative that would have contracted weeknight and weekend EMS services to the Budd Lake and Flanders first aid squads through 2014 on the basis that the outcome would be nonbinding. Councilwoman Colleen Labow cast the dissenting vote.
It also authorized a request for proposals seeking a full-time private ambulance crew that officials said could begin as early as June 1.
Atlantic Ambulance currently provides ambulance service from 5 a.m. to 5 p.m. on weekdays, with the two volunteer squads covering all other times.
Council President Phil Tobey said the volunteer squads will remain intact and would function as backup to the private service, each retaining two ambulances. The volunteers would be permitted to treat patients, but not transport them to the hospital unless the private service is unavailable.
"We listened to all sides," Tobey said Thursday. "In the end, we had to listen to the advice of our attorney and consider that a special election would cost us $45,000. We don't have that kind of money."
John Dorsey, township attorney, issued an opinion late last month stating that referenda which deal with a municipality's current or capital budget cannot be placed on the ballot, thus the results would be nonbinding.
Flanders resident Ken Taylor, one of the petition sponsors, said a group, the Committee to Save the Mount Olive EMS Squads, has been formed and is seeking donations to pursue legal recourse.
"The people of Mount Olive have spoken, and they want the volunteers to remain in place," Taylor said, referencing the petition which had more than 2,000 signatures on it. "If we move forward with this (the 24/7 ambulance service plan), there will be attrition on the squads. We will lose members."
It is unclear how much township funding the volunteer squads will receive under the new plan. The bids for 24/7 ambulance service are due April 7 and the council's next meeting is April 13.
MOUNT OLIVE — The township council has voted against holding a special election to let residents decide the future of emergency medical services in Mount Olive.
The council last week passed a resolution 6-1 stating that it will disregard a petition initiative that would have contracted weeknight and weekend EMS services to the Budd Lake and Flanders first aid squads through 2014 on the basis that the outcome would be nonbinding. Councilwoman Colleen Labow cast the dissenting vote.
It also authorized a request for proposals seeking a full-time private ambulance crew that officials said could begin as early as June 1.
Atlantic Ambulance currently provides ambulance service from 5 a.m. to 5 p.m. on weekdays, with the two volunteer squads covering all other times.
Council President Phil Tobey said the volunteer squads will remain intact and would function as backup to the private service, each retaining two ambulances. The volunteers would be permitted to treat patients, but not transport them to the hospital unless the private service is unavailable.
"We listened to all sides," Tobey said Thursday. "In the end, we had to listen to the advice of our attorney and consider that a special election would cost us $45,000. We don't have that kind of money."
John Dorsey, township attorney, issued an opinion late last month stating that referenda which deal with a municipality's current or capital budget cannot be placed on the ballot, thus the results would be nonbinding.
Flanders resident Ken Taylor, one of the petition sponsors, said a group, the Committee to Save the Mount Olive EMS Squads, has been formed and is seeking donations to pursue legal recourse.
"The people of Mount Olive have spoken, and they want the volunteers to remain in place," Taylor said, referencing the petition which had more than 2,000 signatures on it. "If we move forward with this (the 24/7 ambulance service plan), there will be attrition on the squads. We will lose members."
It is unclear how much township funding the volunteer squads will receive under the new plan. The bids for 24/7 ambulance service are due April 7 and the council's next meeting is April 13.
Mount Olive council rejects petition, moves ahead with privatizing rescue squads
By Dan Goldberg/For The Star-Ledger March 17, 2010, 8:19PM
MOUNT OLIVE---The township council has decided that there will be no special election regarding the municipality’s volunteer rescue squads.
The council passed a resolution stating that it will disregard a petition that could have forced the township to fund its two squads through 2014, and the question will not be forwarded to the Morris County Clerk.
The council, on Tuesday night, also voted to approve a “request for proposal” (RFP) that outlines the township’s specifications for a full-time paid ambulance service.
Both votes were 6-1. Colleen Labow was the only dissenter.
The township currently contracts with Atlantic Health, a private company, Monday through Friday between 5 a.m. to 5 p.m.
Mayor David Scapicchio has called to extend that service on a full-time basis, though he is in favor of letting the squads in Flanders and Budd Lake maintain two ambulances each and serve as backups to a paid provider.
In an effort to circumvent the mayor’s plan, petitioners garnered more than 2,000 signatures, but township attorney John Dorsey advised council that the petition was an inappropriate request because it dealt with administrative issues.
“
There are certain issues that cannot be legislated through referendum,” Dorsey said. “A question dealing with budget is not proper to put before voters.”
The council could have gone ahead with a non-binding referendum, which would have cost approximately $40,000.
Larry Kron, an attorney advising the volunteers said he understood but disagreed with Dorsey’s logic.
“There is no statute or case that indicates this cannot be the subject of a referendum,” Kron said. “The courts generally favor people exercising their right to referendum.”
Kron said he and the petitioners are discussing the possibility of challenging the council’s decision in court.
The decision to void the petition means there will be no meeting this Tuesday, which was originally scheduled to debate the petitioners’ request.
That left many in the overwhelmingly supportive audience surprised and disappointed.
text break here please
The council’s decision to move forward with the RFP was equally dispiriting to the standing-room only crowd.
Supporters of the volunteers repeated their concern that the switch to a full time ambulance service would not leave enough work for volunteers, who would eventually lose interest and disappear.
“If this goes through the way it has been proposed, we are going to lose our volunteers,” said Fred Detoro Sr., a Flanders resident.
Volunteers are funded with taxes and do not charge individual patients for transport. A paid service would ease the tax burden but bill patients - or their insurance - for transport to the hospital.
Labow, who has been the council’s most vocal proponent of the squads, argued that volunteers provide quality service at a reasonable cost. She also expressed concerns that contracting with a private ambulance company would shift too large a cost burden onto residents who need transport to a hospital.
Rob Greenbaum, council vice president, argued that while it might be preferable to retain volunteers, the state and economy are forcing municipalities to consider user fees for services.
“We are going to a user-based system because people are sick of being taxed,” Greenbaum said. “We have to look at what the state is forcing us to do”.
MOUNT OLIVE---The township council has decided that there will be no special election regarding the municipality’s volunteer rescue squads.
The council passed a resolution stating that it will disregard a petition that could have forced the township to fund its two squads through 2014, and the question will not be forwarded to the Morris County Clerk.
The council, on Tuesday night, also voted to approve a “request for proposal” (RFP) that outlines the township’s specifications for a full-time paid ambulance service.
Both votes were 6-1. Colleen Labow was the only dissenter.
The township currently contracts with Atlantic Health, a private company, Monday through Friday between 5 a.m. to 5 p.m.
Mayor David Scapicchio has called to extend that service on a full-time basis, though he is in favor of letting the squads in Flanders and Budd Lake maintain two ambulances each and serve as backups to a paid provider.
In an effort to circumvent the mayor’s plan, petitioners garnered more than 2,000 signatures, but township attorney John Dorsey advised council that the petition was an inappropriate request because it dealt with administrative issues.
“
There are certain issues that cannot be legislated through referendum,” Dorsey said. “A question dealing with budget is not proper to put before voters.”
The council could have gone ahead with a non-binding referendum, which would have cost approximately $40,000.
Larry Kron, an attorney advising the volunteers said he understood but disagreed with Dorsey’s logic.
“There is no statute or case that indicates this cannot be the subject of a referendum,” Kron said. “The courts generally favor people exercising their right to referendum.”
Kron said he and the petitioners are discussing the possibility of challenging the council’s decision in court.
The decision to void the petition means there will be no meeting this Tuesday, which was originally scheduled to debate the petitioners’ request.
That left many in the overwhelmingly supportive audience surprised and disappointed.
text break here please
The council’s decision to move forward with the RFP was equally dispiriting to the standing-room only crowd.
Supporters of the volunteers repeated their concern that the switch to a full time ambulance service would not leave enough work for volunteers, who would eventually lose interest and disappear.
“If this goes through the way it has been proposed, we are going to lose our volunteers,” said Fred Detoro Sr., a Flanders resident.
Volunteers are funded with taxes and do not charge individual patients for transport. A paid service would ease the tax burden but bill patients - or their insurance - for transport to the hospital.
Labow, who has been the council’s most vocal proponent of the squads, argued that volunteers provide quality service at a reasonable cost. She also expressed concerns that contracting with a private ambulance company would shift too large a cost burden onto residents who need transport to a hospital.
Rob Greenbaum, council vice president, argued that while it might be preferable to retain volunteers, the state and economy are forcing municipalities to consider user fees for services.
“We are going to a user-based system because people are sick of being taxed,” Greenbaum said. “We have to look at what the state is forcing us to do”.
Mount Olive clerk certifies volunteer EMS petition
By MEGHAN VAN DYK • STAFF WRITER • March 10, 2010
MOUNT OLIVE -- Township clerk Lisa Lashway has certified a petition that could lead to a ballot initiative asking voters if they want Mount Olive to contract emergency medical services with the Budd Lake and Flanders first aid squads on weeknights and weekends through 2014.
Lashway on Monday certified that the petition submitted Feb. 16 from residents Kevin Dolan, Andrew Forst, Phyllis Gentile, Kenneth Taylor and Barbara Swasey contained the minimum 1,099 signatures required under state statute.
"We are hoping the mayor will recognize the value of the squads and do what needs to be done -- to keep the volunteer first aid squads on as primary responders in their current capacity,'' said Gentile, a past president of the Budd Lake first aid squad. "That is what the public wants.''
The initiative is in response to Mayor David Scapicchio's plan to contract with a paid ambulance service around the clock and to keep the volunteers on in a lesser capacity. Atlantic Ambulance currently provides only weekday, daytime service.
Scapicchio has terminated the volunteer rescue squads' funding effective April 30 and has asked them to come up with a new budget that reflects his new plan.
The council will take action on the ordinance at its next meeting on March 16. If the ordinance is not adopted, it could be put to residents in a special election.
MOUNT OLIVE -- Township clerk Lisa Lashway has certified a petition that could lead to a ballot initiative asking voters if they want Mount Olive to contract emergency medical services with the Budd Lake and Flanders first aid squads on weeknights and weekends through 2014.
Lashway on Monday certified that the petition submitted Feb. 16 from residents Kevin Dolan, Andrew Forst, Phyllis Gentile, Kenneth Taylor and Barbara Swasey contained the minimum 1,099 signatures required under state statute.
"We are hoping the mayor will recognize the value of the squads and do what needs to be done -- to keep the volunteer first aid squads on as primary responders in their current capacity,'' said Gentile, a past president of the Budd Lake first aid squad. "That is what the public wants.''
The initiative is in response to Mayor David Scapicchio's plan to contract with a paid ambulance service around the clock and to keep the volunteers on in a lesser capacity. Atlantic Ambulance currently provides only weekday, daytime service.
Scapicchio has terminated the volunteer rescue squads' funding effective April 30 and has asked them to come up with a new budget that reflects his new plan.
The council will take action on the ordinance at its next meeting on March 16. If the ordinance is not adopted, it could be put to residents in a special election.
Mt. Olive to extend funding for squads
By Dan Goldberg/For The Star-Ledger March 04, 2010, 7:28PM
MOUNT OLIVE -- The township will extend funding for its two rescue squads as it continues to negotiate with volunteers from Flanders and Budd Lake.
Mayor David Scapicchio said the township is close to a deal that would bring in a full-time paid ambulance service but volunteers and supporters of the squads said they have a few concerns to resolve before withdrawing their petition for a referendum. The petition calls for the township to contract emergency medical services with the two volunteer squads through 2014.
Ken Taylor, one of the petition’s sponsors, said no deal has been reached just yet.
“There are various things that have been proposed by the mayor but none of have been accepted,” Taylor said.
Scapicchio’s budget originally called for funding to cease April 1.
The mayor wants to contract instead with a paid provider that would charge a transport fee to patients – or their insurance companies – instead of having the cost borne by taxpayers.
The mayor’s proposal was met with stiff resistance.
The township currently contracts with Atlantic Health Monday through Friday between 5 a.m. and 5 p.m.
Scapicchio will extend funding at least through April while he and council president Phil Tobey work to mollify concerns.
Scapicchio, however, doesn’t believe it will be necessary.
He said the township is close to reaching an agreement that would have the two squads each keep two rigs – they currently each have three – while the township would contract with a full-time paid ambulance service that would assume transport duties.
The squads would serve in a backup role but maintain their presence at community events such as CPR classes and high school sports.
“I would anticipate at our next council meeting we’ll be ready,” Scapicchio said. “I think this whole process has been an education for everyone involved and now that we have gone through this I believe we have developed the best emergency care one can provide in Mount Olive.”
MOUNT OLIVE -- The township will extend funding for its two rescue squads as it continues to negotiate with volunteers from Flanders and Budd Lake.
Mayor David Scapicchio said the township is close to a deal that would bring in a full-time paid ambulance service but volunteers and supporters of the squads said they have a few concerns to resolve before withdrawing their petition for a referendum. The petition calls for the township to contract emergency medical services with the two volunteer squads through 2014.
Ken Taylor, one of the petition’s sponsors, said no deal has been reached just yet.
“There are various things that have been proposed by the mayor but none of have been accepted,” Taylor said.
Scapicchio’s budget originally called for funding to cease April 1.
The mayor wants to contract instead with a paid provider that would charge a transport fee to patients – or their insurance companies – instead of having the cost borne by taxpayers.
The mayor’s proposal was met with stiff resistance.
The township currently contracts with Atlantic Health Monday through Friday between 5 a.m. and 5 p.m.
Scapicchio will extend funding at least through April while he and council president Phil Tobey work to mollify concerns.
Scapicchio, however, doesn’t believe it will be necessary.
He said the township is close to reaching an agreement that would have the two squads each keep two rigs – they currently each have three – while the township would contract with a full-time paid ambulance service that would assume transport duties.
The squads would serve in a backup role but maintain their presence at community events such as CPR classes and high school sports.
“I would anticipate at our next council meeting we’ll be ready,” Scapicchio said. “I think this whole process has been an education for everyone involved and now that we have gone through this I believe we have developed the best emergency care one can provide in Mount Olive.”
20110310
MOUNT OLIVE
MOUNT OLIVE -- It's not property taxes, public pension costs or road problems that have residents here riled up, it's cats — the fate of feral and stray cats.
BY MEGHAN VAN DYK • STAFF WRITER
After months of debate, the council is set to introduce a trap-neuter-return program ordinance and vote Aug. 4, with a public hearing to be scheduled later. The proposed law would require feral cat colony caretakers to have each cat micro-chipped and obtain a $25 colony license, officials said. It also reduces the abatement period the TNR group would have to resolve nuisance complaints lodged by residents.
Officials this week said this is a compromise that would establish a permanent TNR program in which feral cat colonies would be managed by caretakers. The volunteers would be responsible for feeding the cats and ensuring all are vaccinated for rabies and spayed or neutered.
"This issue has been complicated by a lack of communication," said Mayor David Scapicchio, who organized a Thursday night with council members, the health department and the Mount Olive TNR Project, a sub-project of the New Jersey Animal Rights Alliance's Project TNR. "But we brought the right people to the table and have agreed to move forward."
The proposed law follows a Budd Lake resident's proposal to establish a feline trap-neuter-return program that gained the support of residents who signed petitions, created a nonprofit group and turned up at both township council and board of health meetings in large numbers.
The law comes about after an eight-month-long debate that included the board of health rejecting a pilot TNR project. Previously, officials had said the township's policy of trapping and holding cats for seven days before they were euthanized worked just fine.
If the ordinance is adopted, Michelle Lerner, who has been behind the TNR push, said the petitioners behind a November ballot initiative would withdraw their request. More than 780 signatures were collected — of which the clerk certified the required 463.
"We have always wanted to work with the town," Lerner said.
The council heard two hours of testimony for and against TNR at its July 21 meeting. The hearing trumped other issues, such as the adoption of the township's $27.2 million budget and a $10,000 raise for the director of public works. More than 60 people attended, many wearing T-shirts depicting one resident's pet, TC, a kitten adopted from a feral colony.
Proponents say TNR will proactively and humanely reduce the number of feral cats in Mount Olive in contrast with the township's current process — the animal control officer can only trap cats in response to a specific complaint.
It also would save money, they say, by reducing the number of hours the ACO spends on complaints in addition to the veterinarian bill for cat euthanasia.
"Most of the people who see cats (don't call the ACO) because they don't want to see them harmed," resident Michelle Dialfonso said. "TNR would stop all ferals from having babies whereas going after (just a few) does nothing."
Both health officer Frank Wilpert and Willie Cirone, ACO, said they believe TNR would not work and expressed worry that the cat colonies would become a "dumping ground for unwanted cats."
"The good intentions of individuals, though admirable, often lead to unforseen problems," Wilpert said. "Feral cats have no true ecological niche in the wild."
Peter King, an attorney for the board of health, said the board would not legally be required to recognize TNR because the proposed ordinance violates state law and would put "a nongovernmental third-party radical animal rights group" in charge of animal control.
"These are cat activists," King said. "I urge you (the council) to look at who you trust — (them) or the volunteer members of the board of health."
Scapicchio later said the attorneys of the board of health and township have a "difference of legal opinion."
The council's next meeting will be held Aug. 4 at the municipal building on Flanders-Drakestown Road at 7:30 p.m.
BY MEGHAN VAN DYK • STAFF WRITER
After months of debate, the council is set to introduce a trap-neuter-return program ordinance and vote Aug. 4, with a public hearing to be scheduled later. The proposed law would require feral cat colony caretakers to have each cat micro-chipped and obtain a $25 colony license, officials said. It also reduces the abatement period the TNR group would have to resolve nuisance complaints lodged by residents.
Officials this week said this is a compromise that would establish a permanent TNR program in which feral cat colonies would be managed by caretakers. The volunteers would be responsible for feeding the cats and ensuring all are vaccinated for rabies and spayed or neutered.
"This issue has been complicated by a lack of communication," said Mayor David Scapicchio, who organized a Thursday night with council members, the health department and the Mount Olive TNR Project, a sub-project of the New Jersey Animal Rights Alliance's Project TNR. "But we brought the right people to the table and have agreed to move forward."
The proposed law follows a Budd Lake resident's proposal to establish a feline trap-neuter-return program that gained the support of residents who signed petitions, created a nonprofit group and turned up at both township council and board of health meetings in large numbers.
The law comes about after an eight-month-long debate that included the board of health rejecting a pilot TNR project. Previously, officials had said the township's policy of trapping and holding cats for seven days before they were euthanized worked just fine.
If the ordinance is adopted, Michelle Lerner, who has been behind the TNR push, said the petitioners behind a November ballot initiative would withdraw their request. More than 780 signatures were collected — of which the clerk certified the required 463.
"We have always wanted to work with the town," Lerner said.
The council heard two hours of testimony for and against TNR at its July 21 meeting. The hearing trumped other issues, such as the adoption of the township's $27.2 million budget and a $10,000 raise for the director of public works. More than 60 people attended, many wearing T-shirts depicting one resident's pet, TC, a kitten adopted from a feral colony.
Proponents say TNR will proactively and humanely reduce the number of feral cats in Mount Olive in contrast with the township's current process — the animal control officer can only trap cats in response to a specific complaint.
It also would save money, they say, by reducing the number of hours the ACO spends on complaints in addition to the veterinarian bill for cat euthanasia.
"Most of the people who see cats (don't call the ACO) because they don't want to see them harmed," resident Michelle Dialfonso said. "TNR would stop all ferals from having babies whereas going after (just a few) does nothing."
Both health officer Frank Wilpert and Willie Cirone, ACO, said they believe TNR would not work and expressed worry that the cat colonies would become a "dumping ground for unwanted cats."
"The good intentions of individuals, though admirable, often lead to unforseen problems," Wilpert said. "Feral cats have no true ecological niche in the wild."
Peter King, an attorney for the board of health, said the board would not legally be required to recognize TNR because the proposed ordinance violates state law and would put "a nongovernmental third-party radical animal rights group" in charge of animal control.
"These are cat activists," King said. "I urge you (the council) to look at who you trust — (them) or the volunteer members of the board of health."
Scapicchio later said the attorneys of the board of health and township have a "difference of legal opinion."
The council's next meeting will be held Aug. 4 at the municipal building on Flanders-Drakestown Road at 7:30 p.m.
Mt. Olive group
Mt. Olive group: We'll take feral cats question to ballot
Proposal calls for putting issue before voters if council nixes plan
BY MEGHAN VAN DYK • STAFF WRITER • July 1, 2009
A group of township residents is bringing its plea to prevent the euthanization of feral cats to voters on the November election ballot if the council rejects their proposal.
The 20-member group, Mount Olive TNR Project, has collected 785 signatures on a petition to enact an ordinance authorizing a townshipwide Trap-Neuter-Return plan — known as TNR — that would establish managed colonies of cats that would be spayed or neutered and vaccinated for rabies. It would also exempt the group from the township's licensing requirement, given it provides accurate records for each cat.
The signatures, which were submitted to the clerk's office Tuesday, will need to be certified within 20 days. The organizers needed just 463. The council will vote on the proposed ordinance on July 21. If it doesn't pass and there are enough certified signatures, the issue will go on the November ballot for residents to vote on.
The ordinance's adoption would curb the number of feral, or wild, cats in the township and reduce the number of nuisance complaints that are addressed by the township's animal control officer, thus saving tax dollars, supporters say.
Mount Olive impounded 181 cats last year, 141 of which were euthanized at a cost of $18,000 to the township.
"TNR is doing a public service with private donations to save the town money," said Michelle Lerner, founder of the project.
"When we trap, we will completely remove all kittens and friendly adults and adopt them out through cooperating shelters and rescue organizations and have the other cats spayed/neutered so the colony can't grow."
The plan has faced strong objections from the township's board of health, which rejected Lerner's proposal to conduct a six-month pilot project to test TNR at a single location in May. Officials then said feral cats posed a public health problem and that the township's current policy of euthanizing feral and stray cats if they are not claimed within seven days was successful.
Health officials declined to comment on the petition.
Frank Wilpert, the township health officer, however, said he and Willie Cirone, the township's animal control officer, will be presenting the board's report on TNR to the council, which will take the issue on at its July 21 meeting.
Lerner, who said she crafted the ordinance based on those of 22 New Jersey municipalities that allow for TNR, said she is hopeful the council will respond to residents' request for a more humane feral cat policy.
"Our hope is to get something passed collaboratively rather than go to the ballot," Lerner said. "It will be more successful if all parties are working together."
Proposal calls for putting issue before voters if council nixes plan
BY MEGHAN VAN DYK • STAFF WRITER • July 1, 2009
A group of township residents is bringing its plea to prevent the euthanization of feral cats to voters on the November election ballot if the council rejects their proposal.
The 20-member group, Mount Olive TNR Project, has collected 785 signatures on a petition to enact an ordinance authorizing a townshipwide Trap-Neuter-Return plan — known as TNR — that would establish managed colonies of cats that would be spayed or neutered and vaccinated for rabies. It would also exempt the group from the township's licensing requirement, given it provides accurate records for each cat.
The signatures, which were submitted to the clerk's office Tuesday, will need to be certified within 20 days. The organizers needed just 463. The council will vote on the proposed ordinance on July 21. If it doesn't pass and there are enough certified signatures, the issue will go on the November ballot for residents to vote on.
The ordinance's adoption would curb the number of feral, or wild, cats in the township and reduce the number of nuisance complaints that are addressed by the township's animal control officer, thus saving tax dollars, supporters say.
Mount Olive impounded 181 cats last year, 141 of which were euthanized at a cost of $18,000 to the township.
"TNR is doing a public service with private donations to save the town money," said Michelle Lerner, founder of the project.
"When we trap, we will completely remove all kittens and friendly adults and adopt them out through cooperating shelters and rescue organizations and have the other cats spayed/neutered so the colony can't grow."
The plan has faced strong objections from the township's board of health, which rejected Lerner's proposal to conduct a six-month pilot project to test TNR at a single location in May. Officials then said feral cats posed a public health problem and that the township's current policy of euthanizing feral and stray cats if they are not claimed within seven days was successful.
Health officials declined to comment on the petition.
Frank Wilpert, the township health officer, however, said he and Willie Cirone, the township's animal control officer, will be presenting the board's report on TNR to the council, which will take the issue on at its July 21 meeting.
Lerner, who said she crafted the ordinance based on those of 22 New Jersey municipalities that allow for TNR, said she is hopeful the council will respond to residents' request for a more humane feral cat policy.
"Our hope is to get something passed collaboratively rather than go to the ballot," Lerner said. "It will be more successful if all parties are working together."
20080309
NJ Court Case-Recall of Mount Olive Mayor
IN THE MATTER 2006 PETITION FOR THE RECALL OF THE HONORABLE MAYOR RICHARD DELAROCHE TOWNSHIP OF MOUNT OLIVE -- rank: 1000
... comply with the exact format and language required under N.J.S.A. 19:27A-8 and -9, the technical non-material deficiencies ... recall, which was incorporated into the petition pursuant to N.J.S.A. 19:27A-7c. DeLaRoche did not object to the form ... the registered voters in
SUPERIOR COURT OF NEW
APPELLATE DIVISION
DOCKET NO. A-0781-06T20781-06T2
IN THE MATTER OF THE 2006
PETITION FOR THE RECALL OF
THE HONORABLE MAYOR RICHARD
DELAROCHE OF THE TOWNSHIP
OF
_____________________________
Argued: May 8, 2007 - Decided May 25, 2007
Before Judges Axelrad, R.B. Coleman and
On appeal from the Superior Court of New Jersey, Law Division, Morris County, L-2445-06.
Robert A. Russell argued the cause for appellant/cross-respondent Richard DeLaRoche (Richard DeLaRoche, pro se, on the brief).
Edward J. Buzak argued the cause for respondent/cross-appellant The 2006 Committee to Recall Richard DeLaRoche from the Office of Mayor of Mount Olive Township, New Jersey (Edward J. Buzak, attorney; Mr. Buzak and Tiena M. Cofoni, on the brief).
Brian J. Levine argued the cause for respondent Township Clerk of the Township of Mount Olive and Recall Election Official, Lisa Lashway (Brenner & Levine, attorneys; Mr. Levine, on the brief).
Daniel W. O'Mullan argued the cause for respondent Morris County Clerk (Ronald Kevitz, Morris County Counsel, attorney; Mr. Kevitz, on the brief).
PER CURIAM
Richard DeLaRoche, former Mayor of Mount Olive Township, appeals from a September 28, 2006, Law Division order affirming the Township Clerk's determination of sufficiency of a petition for DeLaRoche's recall as Mayor of the Township. The judge found that although the petition did not strictly comply with the exact format and language required under N.J.S.A. 19:27A-8 and -9, the technical non-material deficiencies neither detracted from the validity of the signatures nor compromised the integrity of the process. The Committee to Recall DeLaRoche asserts a cross-appeal of the trial court's decision that DeLaRoche was not procedurally barred or estopped from challenging the form or substance of the petition because he remained silent as to the complaint of deficiencies until the signatures were collected and the petition was filed in August 2006. We affirm.
DeLaRoche was elected Mayor of the Township in a general election on November 4, 2003. On February 15, 2006, the Recall Committee filed a Notice of Intention to recall DeLaRoche, which the Township Clerk reviewed. On February 17, 2006, the Recall Committee filed a revised Notice of Intention and petition, which were approved by the Clerk and served on DeLaRoche. On February 27, 2006, DeLaRoche filed an answer to the statement of reasons for recall, which was incorporated into the petition pursuant to N.J.S.A. 19:27A-7c. DeLaRoche did not object to the form or content of the petition itself at that time. On March 1, 2006, the Clerk again approved the form of petition, determining that it complied with all statutory requirements.
The Notice of Intention and petition were published in newspapers of general circulation in the Township in March 2006. The petition was circulated in Mount Olive and, on July 27, 2006, a petition containing well in excess of the minimum of 3,543 required signatures (25% the registered voters in Mount Olive, in compliance with N.J.S.A. 19:27A-11) was filed with the Clerk. On August 8, 2006, after disallowing some of the signatures on the petition, the Clerk determined that the petition contained more than the minimum number of valid signatures and served DeLaRoche with a notice of determination of validity. On August 22, 2006, DeLaRoche filed objections to the form of petition and challenged some of the signatures.
DeLaRoche then filed a complaint challenging the sufficiency of the petition and the validity of some of the signatures. Specifically, DeLaRoche argued the petition was insufficient because: (1) the Recall Committee's statement of reasons and his answer appear on page two of the petition, rather than page one as required by N.J.S.A. 19:27A-8c; (2) the box to be checked on the petition above the signature states that the signatory had an "opportunity to review the information on the first page of the petition" while the statement of reasons and answer actually appear on page two; (3) the circulator's affidavit does not appear on the bottom of each page, but only on the last page; (4) the affidavit to be signed by the circulator does not appear on the bottom of each page, but only on the last page; (5) the circulator's affidavit does not expressly track the statutory language of N.J.S.A. 19:27A-9b(3) in that there is no statement in the body of the affidavit that the circulator witnessed the signatures, assumed the responsibility to circulate, set forth dates between which all signatures to that page were collected and set forth a statement as to the truth and correctness of the information; and (6) 578 of the signatures are not in statutory compliance because the dates signed were affixed by the circulator rather than the signatories.
On September 28, 2006, Judge Bozonelis entered an order dismissing DeLaRoche's complaint and affirming the determination of the sufficiency of the petition, accompanied by an explanatory fifteen-page written decision. The court found that DeLaRoche timely challenged the form of the recall petition pursuant to N.J.S.A. 19:27A-12 and that the prerogative writs rule was inapplicable. The court further analyzed each of DeLaRoche's challenges to the petition in the context of the language and intent of the statutory provisions of the recall amendments. The court was satisfied that the petition was in substantial compliance with the statutory requirements and there was no indication the extent of deviations compromised the integrity of the process or validity of the signatures on the recall petition. Therefore, the court ordered the Morris County Clerk to place the recall election on the ballot for November 7, 2006. DeLaRoche filed this appeal on October 2, 2006. In the November election, 70% of the registered voters of
On appeal, DeLaRoche raises the same arguments as below, contending the petition was non-compliant with the election recall law, mandating it be invalidated. We are not persuaded by appellant's arguments and affirm substantially for the reasons articulated by Judge Bozonelis in his comprehensive written opinion. The alleged deficiencies were minor technical errors that did not call into question the validity of the signatures and, as the court noted, there was no evidence of fraud or collusion in the manner in which the signatures were solicited. As the court noted, while the statutory scheme does list several procedural requirements, the Legislature only specifically states that a failure for a committee member to sign the petition will render it void, N.J.S.A. 19:27A-8h, thus apparently leaving to the court the discretion to determine the degree of nonconformity and the remedy for the violations under the totality of the circumstances. We are satisfied the trial court applied the appropriate law to the facts of this case and properly exercised its discretion in choosing not to invalidate the Recall Committee's petition.
In light of our determination affirming DeLaRoche's appeal, we need not address the cross-appeal.
Affirmed.
At the commencement of the plenary hearing on September 28, 2006, DeLaRoche abandoned his challenge to the signatures.
(continued)
(continued)
6
A-0781-06T2
May 25, 2007
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