Baysave New Jersey Charities Registration

Purpose

This blog post is an update on the current charities registration status of Baysave.

Background

The state of New Jersey requires federally registered 501(c)(3) charities to also register with the State of New Jersey Division of Consumer Affairs. Registration is required annually and required payment of an annual fee. Baysave has registered each year and paid the annual fee each year since its initial year of operation in 2012. The IRS and other third parties also publish information on charities.

Meanwhile, Baysave’s charitable activities have evolved during these years 2012 – present and the annual filings are meant to reflect these changes on a year-by-year basis.

Status of annual state charity filings

2012 – approved, initial filing

2013 – deficient renewal filing. One signature page of paper submitted Form CRI 200 was rejected. It was resubmitted several times by paper and fax with no response. In May 2018 the registration process was moved to an online portal. The page was uploaded on 7/23/2018. The registration portal confirms the page upload. The status of that uploaded page is listed as “pending”. The registration status continues to be listed as “deficient”.  A screenshot taken 10/7/2018 is pasted below:

baysave 2013 charity status

2014 – approved renewal filing

2015 – approved renewal filing

2016 – deficient renewal status. One signature page of submitted paper Form CRI 200 was rejected. It was resubmitted several times by paper and fax with no response. In May 2018 the registration process was moved to an online portal. The page was uploaded on 7/23/2018.  The registration portal confirms the page upload. The status of that uploaded page is listed as “pending”. The upload confirmation indicates a green bar with a check mark that seems to indicate a successful online submission. No other status is indicated. The registration status continues to be listed as “deficient”.

baysave 2016 charity status

2017 – timely submitted, fee paid, under review, no indication of any problem

2018 – renewal filing will be due in May 2019. No action has been taken yet.

TO RECONFIRM, ALL REQUIREMENTS ARE SUBMITTED AND WE ARE WAITING FOR STATE RESPONSE.

Status of annual federal filings

The Department of the Treasury also requires annual filings called Form 990-PF. These filings are current and available to the public.

TO RECONFIRM, ALL FEDERAL REPORT REQUIREMENTS ARE FILED.

Status of federal charity listings

The IRS and third parties like Guidestar publish reports on the status of charities. The IRS listing is specifically focused on the allowance of tax deduction for donations to a named charity. Baysave is properly included in that listing. Guidestar also includes a listing, however, the information appears to be out-of-date. TO RECONFIRM, DONATIONS TO BAYSAVE ARE ELIGIBLE FOR A FEDERAL TAX DEDUCTION.

Status of NJ ‘Directory of Registered Charities’ listing

The State of New Jersey Division of Consumer Affairs maintains an online Directory of Registered Charities. We do not believe that the online registry confers any legal or official significance except that third party users can use the online directory tool as a verification source. For this reason, we view it as desirable to be included in the directory. At last check in July 2018, Baysave was listed in the directory. On a spot check on October 7, 2018 a message that the name “Baysave” was not found. No other information is available. TO RECONFIRM, INCLUSION IN THIS DIRECTORY HAS NO IMPACT ON OUR OPERATIONS.

Plan of action

The New Jersey Department of Community Affiars Charities Registration section has known technical and support issues this year and admits challenges with the recent conversion to an online registration system. It appears that the method of resolving these issues is telephone contact directly with the state Charities Registration section,

Tony Novak is an active member of the New Jersey Society of Certified Public Accountants Nonprofit Interest Group whose members work with the state to communicate issued related to charities registration. The group is aware of and working to make the state aware of the communication problem with the state.

While efforts to contact the state by telephone have been unsuccessful so far in 2018, Novak will continue to attempt resolution of the three issues mentioned above. The summarized goal is:

  • compliant status for 2013
  • compliant status for 2016
  • listing included in the directory
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Trump administration fights to keep dangerous insecticide

In the midst of so much other crazy national news today, many did not notice that the Department of Agriculture issued a statement supporting the Trump administration in its efforts to overturn a ban of the dangerous insecticide Chlorpyrifos. The EPA had previously determined to be unsafe at any levels. The chemical is especially dangerous to fish and aquatic organisms as confirmed by multiple scientific tests. 

The Trump administration overturned the ban after the CEO of Dow Chemical, who manufactures the chemical, had been appointed by Trump to a White House manufacturing working group, and his company subsequently donated $1 million to Donald Trump’s inauguration fund. The company’s CEO Liveris met with EPA Chief Pruitt prior to the announcement reversing the ban of the dangerous chemical. The reason given to allow the chemical’s continued use? It increases profits of farmers.

Government contacts for Baysave

Please contact our government officials to say that it is WRONG for the State of New Jersey to sue Sandy victims like us solely because rebuilding, permitting and financial recovery at the bayshore is moving so slowly.

If you landed on this page because you offered to contact a government official on our behalf, THANK YOU! Most government officials are not aware of the actions on NJDEP here at Money Island New Jersey. Please let them know that it is wrong for the State of New Jersey to sue the individuals and businesses at Money Island New Jersey simply because they are unhappy with the pace of post-Sandy recovery.

The following eight New Jersey state officials control much of the future of Money Island and the bayshore recovery issues. They are directly responsible for the decision of the State to sue Baysave, its officers and affiliates. Our three federal official are also included only to the extent that they have offered statements of support but they are not empowered to take direct action to stop the state’s lawsuit against us.


Governor Phil Murphy

Twitter: @GovMurphy

Web form (although his office has never responded to any of my requests): https://www.nj.gov/governor/contact/all/

Phone: (609) 292-6000

Mail: Office of the Governor
PO Box 001
Trenton, NJ 08625

My message: “Please support me and other Sandy victims here at Money Island being sued by the NJ Attorney General simply because some officials in government are unhappy with the slow pace of post-Sandy financial recovery and permitting. We are working as hard as we can to rebuild our lives after losing our homes and businesses and receiving no help from government in the recovery process. It is WRONG for the state to be using the massive power of the AG against poor rural citizens suffering in a depressed post-Sandy community making it even more difficult to rebuild our lives. Pease put an end to the legal prosecution while we continue to work on our financial recovery and land use permitting issues”.


Lieutenant Governor Sheila Oliver

Twitter: @LtGovOliver

Same other contact information as the Governor

NJ Attorney General Gurbir Grewal

Twitter: @GurbirGrewalNJ

Phone: 609-984-5828

Email/Webform: https://www.nj.gov/lps/formmail.htm

Mail: Office of The Attorney General
RJ Hughes Justice Complex
25 Market Street, Box 080
Trenton, NJ 08625-0080


State Senator Jeff Van Drew

Twitter: @jeffvandrew

Phone: (609) 465-0700

Email: SenVanDrew@njleg.org

Mail: School House Office Park

211 S. Main St. Suite 104.

Cape May Court House, NJ 08210


NJ Assemblyman  Bob  Andrzejczak

Twitter: @BobAndrzejczak

Same mail address and phone as Van Drew


NJ Assemblyman Bruce Land

Same mail address and phone as Van Drew


NJDEP Commissioner Catherine McCabe

Twitter: @NJDEPMcCabe

Mail: 401 E. State St.
7th Floor, East Wing
P.O. Box 402
Trenton, NJ 08625-0402

Phone: (609) 292-2885
Fax: (609) 292-7695


New Jersey Senate Majority Leader Steve Sweeney

Twitter: @NJSenatePres


US Senator Cory Booker

Twitter: @CoryBooker

Mail: One Gateway Center
23rd Floor
Newark, NJ 07102

Phone: (202) 224-3224 or 973-639-8700

Fax: 973-639-8723

Email of helpful Aid: Zach_McCue@booker.senate.gov


US Senator Bob Menendez

Twitter: @SenatorMenendez

Mail: One Gateway Center, Suite 1100
Newark, New Jersey 07102

Phone: 973-645-3030
Fax: 973-645-0502

Tim Hillman Aid Direct: 973-645-6640


US Congressional Representative Frank LoBiondo

Twitter: @RepLoBiondo 

Mail: 5914 Main Street Suite 103
Mays Landing, NJ 08330-1746

Fax: 609-625-5071

Phone: (202) 225-6572 or 609- 625-5008

Email: lobiondo@mail.house.gov

 

 

An environmentalist and a civil engineer talk about the future of Money Island

I had an interesting meeting with a well-connected civil engineer on site here at Money Island yesterday afternoon. Hours earlier, I had a long telephone conversation with the Money Island project manager for The Nature Conservancy. Both conversations added valuable insights.

The TNC official echoed an opinion that I hear often from environmentalists: although they personally support Money Island’s sustainability plan, they believe that certain people in mid-level state management at NJDEP do not. Some state employees would prefer that people abandon Money Island to nature. This is commonly referred to in environmental discussions as a “retreat strategy”. The retreat strategy is certainly worth full consideration. Eventually, with three feet of sea level rise, our town and millions of acres of shoreline will be gone. My response is always the same two points:

  1. More water is actually good for the future of aquaculture! It may not be good for roads, buildings or traditional infrastructure but we can certainly work around that with currently available construction modifications. Our core mission of providing public, industry and government access to local waterways will not be impaired by future water level rise. (I usually continue the conversation to discuss how Rutgers’ most recent forecasts of tidal impact and flooding trends for the next 30 to 50 years are built into our sustainability plan but don’t need to go into that detail here).
  2. Life is too short to fight the government. If I suspected that the  retreat path was the opinion of state leadership, including NJDEP leadership, then I would change course. Life is too short to be in a battle against the prevailing force of government. But this is not the case. Every high-ranking official in NJDEP and state government that I’ve spoken with – probably more than two dozen by now – have all told me that they support the project and urge m to ‘stay the course’. Some warned me that the road will be difficult and that I will need to be persistent and ‘keep fighting’. Many of these government leaders have even given me pep talks to keep me going through this current struggle, pointing out how important this mission is to future generations. That’s what motivates me. That’s why I stick with the project.

The engineer had more pragmatic comments:

  1. He agrees with the prevailing opinion that NJDEP should not be taking the current prosecutorial actions against marina infrastructure (our docks) that predate the beginning of permitting requirement laws in the 1970s. Granted, there are a lot of factual details that muddy the situation (historic photography, old land surveys, post-Sandy reconstruction law, etc.) but the core fact remains that our original marina and docks were built in the 1930s before land use permitting were required and therefore should be grandfathered to some extent.
  2. He asked several times “Why are they…?” and my response in each instance was that we don’t have the legal muscle to show where the state has made factual or legal errors in their prosecution of Money Island stakeholders. In contrast, the state has unlimited legal resources and seems intent on using these resources against us rather than negotiate through traditional problem-solving channels. I referred these factual and legal errors in the courtroom but the judge did not seem to give my objections serious consideration. Without a budget for legal defense, I don’t see any reasonable chance of addressing the state’s errors.
  3. He says that the fundamental underlying problem is that the state has not yet come to grips with the impact of water level rise on our wetlands and the infrastructure resources in these locations. While viable management approaches are proposed, we aren’t making adequate progress toward implementation. We discussed different aspects of thin layer dredge spray that is part of the Money Island sustainability plan. I suspect that not many people are familiar with this proposal so I would say only that it is public policy that makes a lot more sense from a public policy perspective than our current strategy of pumping sand on the Atlantic coast beaches! Workable sustainability solutions are available if we choose to pursue them.
  4. The usual first step in planning a project like this is called a pre-permit meeting with a wide range of stakeholders. He doesn’t understand why our requests for a meeting were declined. We discussed the thinking of certain department officials and how those have been addressed in other similar projects. His opinion, based on our exchange of bits of facts and third-party conversations,  that our project does have the support of the most influential people who have been effective recently in getting the NJDEP to change their thinking about bayshore sustainability. We discussed the cost of this permitting and told me what I already knew: I would need to find a loan to cover the cost of land use permitting. we didn’t discuss that I’m already working on it or my frustration that the process is moving so slowly.

 

An open letter to Governor Murphy on Cumberland’s County’s ongoing struggles

(An electronic version of this message was submitted through the nj.gov web site on July 20, 2018).

 

July 18. 2018

Governor Phil Murphy

PO Box 001

Trenton, NJ 08625

Dear Governor Murphy:

According to the most recent census data for the year 2016, the median household income in Cumberland County, NJ declined to $49,537. That compares to over $76,000 average in New Jersey where the average household income is growing at a healthy 5.5% rate overall. Our local property values continue to fall year after year, and are now less than half of the state average.  A 2016 study by Rutgers showed that the poorest and most rural areas of New Jersey get the least support from state government. I didn’t need the study to know that; we are still waiting for telephone lines, internet cables, public sewer, waste management solutions, water, police, etc. Yes, we are hurting and the economic gap continues to widen.

Many of us have not yet recovered from the “disaster after the disaster” of Superstorm Sandy where not only did state government exclude our county from essential recovery assistance, but then came in with increased regulation, enforcement and prosecutions of citizens that made our existing struggles much worse.  The combination of incompetence and corruption that we saw join forces in post-Sandy governance devastated many of my neighbors. Many of my neighbors have given up and moved away.

Yet we continue to build toward a better future. This week I met with the president of a local federal savings bank on behalf of a small business client. I mentioned that our local government is concerned that there is no bank in our township and this is hurting our chances at economic recovery. His response was clear: there isn’t be a bank here because “there isn’t any money”.  It’s true. We don’t have much money. Yet our people are extraordinarily resourceful. We’ve been described as a “pull ourselves up by the bootstraps crowd” that can overcome any challenge except the ongoing oppressive force of government corruption and shortsightedness.

Yesterday I struggled to find the money for a small business state permit application fee. The permit application fee is greater than the annual gross revenue of the project requiring the permit! While the fee would be manageable in other parts of the state, it is an economic deal killer here in rural Cumberland County. During my 20+ years of working here I have come to conclude that our largest problems are excessive taxes and over-regulation. Our property tax rates – measured as a percentage of property value – are perhaps the highest in the country. The percentage of gross revenue our small businesses pay to government is astronomically high. Despite this, we struggle without basic government-supervised services like telephone lines, internet, trash disposal, or public water and sewer. We pay the same but get far less in return. On a daily basis, we suffer the effects of bad public policy and ongoing unreasonable government harassment.

As long as the state government continues to use a “one size fits all” approach and continues to treat us in Cumberland County the same as the rest of the state, we will be locked in this downward spiral. Continuing to use the same failed government tactics will not work! Our county is packed with innovative hard-working citizens who only need the chance to be allowed to crawl from beneath the weight of onerous state government burdens. We can and will rebuild our Cumberland County communities. We simply need to get state government to stop  holding us down.

I urge you to immediately empower your administration to fast-track an alternate resolution procedures to allow our citizens to address our struggles with state government in a fair way that considers both the goals of your administration and the reality that is Cumberland County today. Please immediately stop the prosecution of local businesses like our that are trying to cooperate with the state. Please recognize that the overwhelming majority of local government officials and business leaders here are not OK with the state’s current policies toward Cumberland County.

Sincerely,

Tony Novak, CPA, MBA, MT

Controller

Baysave Association

Money Island, New Jersey