BY LINDA SMITH HANCHARICK
WEST MILFORD — The township is moving forward with its plan to file a petition with the Council on Local Mandates, challenging the Highlands Act legislation as an unfunded mandate. Last week, the council formed a subcommittee to work with township attorney Fred Semrau on the complaint.
Mayor Bettina Bieri and Councilwomen Michele Dale and Vivienne Erk make up the subcommittee.
What is the Council on Local Mandates
The nine-member council began its operations in 1996. It is a bipartisan body independent of all branches of state government. The governor appoints four of the members; the president of the Senate, Senate minority leader, speaker of the General Assembly, the Assembly minority leader and the chief justice of the New Jersey Supreme Court each appoint one member. The governor's appointees serve four-year terms; the rest serve for two years. Currently, there are five members on the council; all of the governor's appointees' terms ended in February and no others have been made.
County or municipal governments, school boards, county executives or mayors who have been directly elected by voters may file a complaint with the council regarding mandates by the state.
The challengeThe West Milford Township Council has discussed the Highlands Water Protection and Planning Act for many years as an unfunded mandate. The act, which was signed into law in August, 2004, restricts development in areas of the state designated as preservation areas. It preserves open space and protects the water that supplies drinking water to more than half of the state. The Highlands Act documents the boundaries of the Highlands Region and establishes the Highlands Preservation Area and the Planning Area. West Milford is located 100 percent in the preservation area, which means no major development may take place anywhere in the township. This has severely restricted ratables for the town.
Many blame the Highlands Act for the steadily rising property taxes in West Milford. The township has spent much effort and money in trying to get what they consider their fair share for being stewards of the water supply. Newark Watershed is the largest landowner in the township and yet the amount of money received from the city continues to go down with tax appeals. The council hired a lobbyist to work through the Legislature in Trenton to apply a surcharge on the water that is sold to Newark in an effort to raise money and offset tax increases to residents.
'We can move forward'Semrau said if the state puts out a law that requires funding, it must fund it. The Council on Local Mandates was established to challenge those mandates if funding is not provided. West Milford, he said, is obligated to adhere to the Highlands Act, yet no relief is given to the town for its losses as a landowner, including fewer ratables because of the restriction on building.
Part of what he will research is the effect the act has had on the assessed value of municipal property here in West Milford compared to communities that are not in the preservation area.
But Semrau and members of the governing body are careful to have everything the way they want it before filing their action since there are no appeals. All decisions are final.
Dale told her fellow council members it is important to put all of the information together carefully and present a solid case. It may take a while, she said.
"This is something over the years I had mentioned to the council but the timing wasn't right. We wanted to sit on the sidelines," said Semrau. "Now, we've accumulated a record. We have 11 years of data. Now we can move forward."