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Front PageNovember 8, 2007 


Wrong decimal place no good for open space
Upper Freehold ballot question had major error
BY JANE MEGGITT Staff Writer
Voters who tossed in their two cents on Nov. 6 may discover it's only worth .02 cents.

Upper Freehold Township's farmland preservation bond question may not raise as much money as anticipated because - as resident Walter Helfrecht pointed out at the Nov. 1 Township Committee meeting - it has a wording error.

The question on the municipal ballot asks voters if they are in favor of authorizing the Township Committee "to impose and raise by taxation up to an additional .02 cents per $100 of annual assessed value" to be deposited in the Municipal Open Space, Recreation, Conservation, Farmland and Historic Preservation Trust Fund for acquisition of farmland and for farmland preservation purposes.

The explanatory statement further states, "A 'yes' vote indicates that you are in favor of increasing the local open space levy up to .02 cents" and that "a 'no' vote would defeat this question and the Upper Freehold Township open space tax levy would remain at .04 cents."

Helfrecht said the proper phrasing should have been 0.02 dollars per $100 of assessed value, or should have been written out as "two" cents.

After looking at the ballot, Mayor Stephen Fleischacker said that the .04 cents figure for the current open space tax levy is also incorrect and should read 4 cents.

Township Attorney Granville Magee told the committee that it was too late to have the ballot changed. He said he could not comment on the issue any further and would wait to hear the Monmouth County Board of Elections' view on the matter.

Committeeman Stephen Alexander asked if the county usually gives the township a sample draft of the ballot for review. Township Administrator Barbara Bascom said that the county holds a public meeting for ballot proofs, but the meeting is held on a Thursday night and conflicts with the Township Committee meeting.

Bascom said she believes that the governing body's intent is clear and that most people in Upper Freehold would recognize the question as authorizing 2 cents. According to Bascom, the matter is similar to how statutes are interpreted by the intent they are written with.

Bertha Sumick, of the Monmouth County Board of Elections, said that if the question passes, the result would have to stand as printed on the ballot.

Sumick said any question of intent would be a matter for attorneys.