Misprint on ballot prompts concerns

Approved tax increase in question

By Jessica Ercolino
   UPPER FREEHOLD — Last month, voters in Upper Freehold approved what they believed was a 2-cent increase in the open space tax — a move intended to raise $264,000 in additional tax revenue for farmland preservation.
   Instead, a misprint in the bond ballot question may have significantly diminished that amount and prompted concern among residents and officials.
   The question, which passed 962-899, was intended to propose an increase in the open space tax from 4 cents per $100 of assessed valuation to 6 cents — a $.02 change; however, the question that appeared on the ballot proposed an increase of “.02¢. “
   The result: The tax would raise only $2,640 instead of the planned $264,000 for farmland preservation.
   The misprint, which went unnoticed for nearly three months, was discovered by Upper Freehold resident Walter Helfrecht at a Township Committee meeting five days before the election, but it was too late to revise the ballots.
   Township Administrator and Clerk Barbara Bascom said the question had been reviewed by a number of officials, including Township Committee members and attorneys, and no one had noticed the mistake.
   If the township decides to levy the tax as it intended, taxpayers can challenge the decision up to 30 days after the election, according to state Division of Elections spokesman David Wald. But because the tax will not be collected until 2008 and that statute would not apply, it would be up to a judge to determine if the challenge has standing in court, he said.
   Still, Ms. Bascom said, residents passed the referendum under the impression that it was to raise the tax to 6 cents, and any challenge to the tax places a stumbling block before township farmland preservation plans.
   ”This will cost us if we decide to fight it in court,” she said. “Does that not defeat the purpose of trying to collect money for farmland (preservation)?”
   The intended increase in the tax would have given the township the ability to borrow roughly $2.5 million for farmland preservation, according to Dianne Kelly, the township’s chief financial officer. The $264,000 in extra tax revenue each year would cover the annual principal and interest costs over 20 years, she said.
   The Township Committee unanimously voted on Aug. 16 to put the question on the ballot, and the same mistake was made when documenting the current open space tax: “.04¢.”
   Special Deputy County Clerk Bertha Sumick said the Board of Elections is not responsible for handling the issue in Upper Freehold, and that it is up to attorneys to find a resolution.
   Mayor Steve Fleischacker said in November that the Township Committee likely would request the legal opinion of Township Attorney Granville Magee at its meeting Nov. 29, but the meeting was canceled that morning.
   Mr. Magee could not be reached for comment before The Messenger-Press’ deadline, but Ms. Bascom said the township could consider taking the issue before a judge or correcting the tax amount during the next general election.
   The township would not likely consider a special election due to cost, she said.
   If the issue is discussed at tonight’s Township Committee meeting, it will be in closed session, according to Deputy Clerk Dana Tyler.