Fall 2004 Edition          

November Referendum Over the past few years, many counties and over 100 municipalities in New Jersey have passed referendums to dedicate a percentage of their taxes for open space acquisition and protection. This November, Fair Lawn residents will be asked to vote for a new tax that could be used to acquire and preserve open space as well as develop and maintain lands for recreational facilities. The state requires such a non-binding referendum before a town can institute the tax. The referendum does not indicate a specific amount of money that would raised,  although the most that could be raised annually is about $200,000 per year (or an average of $20 per residence). The Council members have not indicated any preferred use for the proposed funds. Referendum Question  WHEREAS, N.J.S.A. 40:12-15-1 et seq. authorizes the governing body of any municipality to submit to the voters a proposition authorizing imposition of an annual tax levy for the following purposes: a. acquisition of lands for recreation and conservation purposes; b. development of lands acquired for recreation and conservation purposes; c. maintenance of lands acquired for recreation and conservation purposes; d. acquisition of farmland for farmland preservation purposes; e. historic, preservation of historic properties, structures, facilities, sites, areas or objects, and the acquisition of such properties, structures, facilities, sites, areas, or objects for historic preservation purposes; or f. payment of debt service on indebtedness issued or incurred by a municipality for any of the purposes set forth in subparagraph (a), (b), (d) or (e) of this paragraph. WHEREAS, the amounts raised by such tax levy shall be deposited into a Municipal Open Space Recreation and Farmland and Historic Preservation Trust Fund to be used for designated purposes within the municipality, and may be disbursed for specific projects only after a public hearing is conducted. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Fair Lawn that the following question be submitted to the voters of the Borough at the general election to be held on November 2, 2004: Shall the Borough of Fair Lawn establish a dedicated tax program and impose an annual tax levy at the rate of $0.01 per $100.00 of assessed value for any or all of the following purposes, or any combination thereof, as determined by the governing body: acquisition, development and maintenance of lands for recreation and conservation purposes; acquisition and preservation of farmland and historic properties; and debt service for any of these purposes? BE IT FURTHER RESOLVED that the Municipal Clerk is hereby authorized and directed to forward this binding referendum question to the County Clerk for submission to the Borough voters at the November 2, 2004 election. I, Marilyn B. Bojanowski, RMC, Assistant Municipal Clerk of the Borough of Fair Lawn do hereby certify that the within Resolution is a true and exact copy of Resolution No. 231-2004 duly adopted by the Borough Council at their meeting on July 27, 2004. INTERPRETIVE STATEMENT This proposition would authorize the Borough of Fair Lawn to establish a Municipal Trust Fund for the acquisition, development, maintenance and preservation of lands for recreation and conservation purposes as well as acquisition of farmland and historic properties for preservation purposes and for the payment of debt service for any of these purposes. Real property owners in the Borough would be taxed annually at the rate of $0.01 per $100.00 of assessed value to fund this program (which is equal to $18.20 for a property assessed at $182,000.00).