Chris Hedges – The Corporate State and the Subversion of Democracy

Speech text reposted from CommonDreams:

I used to live in a country called America.

It was not a perfect country, God knows, especially if you were African-American or Native American or of Japanese descent in World War II or poor or gay or a woman or an immigrant, but it was a country I loved and honored. This country gave me hope that it could be better.

Barbara Habeeb on Legal Expertise

By Barbara Habeeb

Below you’ll find Borough Attorney Eric M. Bernstein and Associates list of “fields of expertise.”

Very impressive I might add.

Eric M. Bernstein & Associates, L.L.C. is a cutting-edge leader throughout New Jersey in the representation of government bodies and interests at the state, county and municipal level. Our exacting knowledge of the law allows us to offer preventative, cost-effective advice to help avoid litigation and aggressive options in and out of court.

Our depth of other practice areas adds further experience and flexibility for our clients with respect to:

- General Municipal Issues
- Environmental and Regulatory Concerns
- Construction of Public Infrastructure
- Affordable Housing Issues
- Tax Appeals
- Municipal Land Use
- Condemnation/Foreclosure
- Cellular Phone Towers
- Open Space Acquisition
- Rent Control
- Worker’s Compensation
- Interlocal Services/Regionalization

Firm members regularly teach and speak on a broad range of municipal topics and are in demand for our years of experience and expertise. Finally, our knowledge of government affairs brings us into contact with Federal/State Legislative officials to assist clients in these endeavors as well.

For the purpose of my point, I have chosen three areas of Mr. Bernstein’s expertise.

I see that tax appeals is one area of his expertise. I have filed an OPRA request for the tax appeal information and judgment on the Villa Maria property. It will be interesting to see how much of an expert he really is (if we lost that tax appeal in tax court.) The Docket # is 000212-2008, dated 2/04/08 if anyone is interested in the case ie: North Plainfield Borough vs. Villa Maria Sanitarium.

Another area of his expertise is Open Space Acquisition. I wonder why Mr. Bernstein wasn’t so avid about figuring out a creative, legal way to acquire Villa Maria property years before it ever got sold to McNerney. (Maybe suggesting ways for NP to be eligible for grants through Somerset County and through NJ Department of Environmental Protection Green Acres funding.) Or with his vast knowledge, why he didn’t find other means to acquire that property for the Borough.

As an expert on Municipal land use, Mr. Bernstein should have suggested (years ago) that Villa Maria property be rezoned for one-acre lots so a builder wouldn’t be able to destroy all that land, but NP could still get tax ratables if a builder bought the property. Perhaps he could have suggested adding the condition to the ordinance that a builder could put houses on the perimeter, but then a small park area had to be added in the center of the property.

These are just my thoughts. I agree it is important to have an expert working for North Plainfield, but maybe not this particular expert.

Getting a Clue

Grassroots Groundswell has obtained copies of the Performance Bond and Payment Bond related to the Borough Hall Renovation project, whose lead contractor is Dauti Construction Co. Inc.

Dauti Performance Bond

Dauti Payment Bond

For those who plan to print and read them in full, they’re scanned in out of order – pages 1, 3, 2, 4 (because the originals were double-sided.) The key pages are the first page of each document – the bond part. [For background, see the Wikipedia entry on performance bonds, and the Wikipedia entry on payment bonds, also known as surety bonds.]

And if the Borough Hall source who provided these documents released the true, final copies on file for the project, then we have our answer as to why none of the contract provisions are being enforced.

No one from Dauti Construction Co. Inc. ever signed the bonds.

Readers with other interpretations of this information strongly encouraged to write in; as usual, I hope I’m wrong.

Municipal Debt

Frank got back his OPRA request information regarding municipal debt growth since 1996, and reports:

Annual debt

2000 – $5,898,277.00
2001 – $7,039,677.00
2002 – $11,901,519.20
2003 – $10,226,927.20
2004 – $10,226,927.00
2005 – $14,041,613-40
2006 – $12,052,097.00
2007 – $13,010,183.00

The figures for 1996, 1997, 1998, 1999 are not available at this time, because they are stored away due to the renovations that are going on. Apparently there ere are no electronic records being kept for past years.

I will be making another OPRA request for the missing years

The pay down figure is:

General Appropriations
Payment of bond principal – $690,000.00
Payment of bond anticipation notes – $147,000.00
Interest on bonds – $177,346.26
Interest on notes – $241,433.21

Total payment principal & interest (per year) – $1,255,779.47

Thoughts from Mark Williams – Be A Voice of One

Response to Michele Ixim’s post of May 14

by Mark Williams, NPCCR Co-Chair

Your voice of one has value. It represents another view, another opinion; it challenges the views of others and provokes continued thought and discourse.

We have all heard the mantra of “one vote (voice) matters” and how just one vote (voice) on many occasions has changed the course of humankind. Although you may have “lack of respect” for the blog forum and declared you will “cease and desist” from the process, I urge you to reconsider.

Your stated resentment for “people who cannot work within the system” strikes me as a lesson in situational ethics.

What is the system?

What level of the system are you referring to?

There are so many instances where working “within the system” can be a frustrating and futile act.

I think perhaps you may believe that NPCCR has not worked long enough within the traditional established system, that all of the viable options have not been exhausted and the collective “we,” have not been beaten down.

Well, apparently enough of the collective “we” have been beaten down and those voices are being raised and demanding accountability.

“Extremis malis extrema remedia” (from the Latin: literally “extreme remedies for extreme ills” or the more familiar “desperate times call for desperate measures”) – perhaps this phrase describes the current mood of the borough residents who attend NPCCR Town Meetings.

The one time I spoke to you at any length, once we got past our different communication styles, I felt was productive with a fair exchange of ideas. At that time I also remember you had strong feelings about people working within the system to create change.

I have informally spoken to members of the current administration about the future direction of the Borough and how NPCCR can and will be involved. Whether approached independently of the Council and Mayors Office or in partnership, NPCCR will continue to be a voice for change, transparency and accountability.

“You can’t fight City Hall.”

Well, yes you can!

Sometimes you may even win. In the past twelve months, over and over again, through the hard work of NPCCR members and our supporters much has been accomplished.

To an extreme, the moment colonists dumped tea in Boston Harbor, as a people we have been working outside of the system. When any system no longer works to serve the interests of the people, the people have a right to attempt to change that system.

When the system does not support reasonable efforts on the part of the people to effect needed change, the people have a right to enlist all manner of protest. As technology continues to advance in our society, so too will the tools that the common person has to amplify his or her voice.

The blog is one such tool. It is perhaps uncomfortable for some to witness the strong criticism directed at the current Borough Administration. Such is the nature of public office.

These are scary times for our local community. People are concerned about taxes, the price of gas, the price of food and our economy as a whole. I am sure the current administration is concerned as well, despite their conspicuous silence on urgent topics most important to the residents of North Plainfield. Regardless of what I believe or don’t believe to be true about the actions of the current Borough leadership, the status quo must change.

People may think that they can make no difference because they are not in control; they believe they can’t make a significant change and after awhile apathy sets in.

It is the collective voice of groups like NPCCR that awakens people from their apathetic slumber to show them that change is possible and “yes we can” make a difference.

So, go to Borough Council meetings and Board of Education meetings and let your voice be heard.

Be constructively critical of any and all actions that you feel are not in the best interest of the community and the people. But also let not only your voice be heard in opposition but in praise as well. As we transition through this difficult time of new expectations of our leaders, NPCCR remains committed to its vision of an open, accessible Borough government; through which individual and collective citizen voices are valued and democratic self-government is a reality.

North Plainfield is a good community with good people.

Be well, Mark

Circus Coming to Stony Brook School

The Stony Brook PTA is sponsoring the Zerbini Family Circus on Saturday, June 14 at Stony Brook Field, show times at 2 p.m. and 4 p.m.

Dispatches from M. Emory Layne – Maybe the Lawyer Should Be the Lowest Bid

By Emory Layne

The Borough Attorney is, of course, Eric Bernstein. Here’s how he’s supposed to be compensated for that position, according to Borough ordinances:

2-8.1 Director.

The Director of the Department of Law shall be an attorney of the State of New Jersey who shall also serve as Borough Attorney. The Director shall not be a full-time employee of the Borough and shall receive a salary or retainer plus such fees as are authorized by the Council and by the Mayor. (Ord. #667, S 8.1; Ord. #667-L-87-4, S 5)

Mr. Bernstein receives a “retainer” plus “fees” that totaled about $200,000 in 2007.

That’s a lot of scratch. Do the math any way you’d like, but that’s about $850 A DAY for every work day of the calendar year.

And since I’m not in the market for any New York bridges or New Jersey swampland, please don’t try to get me to believe that he works for the borough each and every day of the year. Nice work if you can get it.

‘Borough attorney,’ brings to mind some pretty basic duties: represent the borough in any court or legal actions, review the verbiage of ordinances and resolutions, that kind of stuff.

But there are some things that this person — a person we NEVER vote for, a person who NEVER interacts with the residents unless he’s threatening them, and a person who gets paid very, very well whether he’s dotting i’s and crossing t’s or just surfing the net all day — gets to do that trouble me.

2-8.2 Powers and Duties.

The Department of Law shall:

c.) Review and approve all contracts, deeds, documents and instruments.

Does this mean contracts like the Borough Hall renovation contract?

Does this legal review and approval apply to situations when there’s a contract provision that isn’t met, and the contract calls for the contractor to pay hundreds of thousands of dollars in penalties?

[Editor's Note: The Borough Hall renovation penalty total, not counting interest and other fees for things like inspections, is about $209,000 as of May 30, 2008.]

Of course it does: it’s right there in the holy scripture – borough ordinances.

e.) Subject to the approval of the Mayor or the Council, the Borough Attorney or such other attorney acting pursuant to the provisions of this Administrative Code shall have the power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved, provided, however, this subsection shall not limit or abridge the discretion of such attorney handling the matter in regard to the proper conduct of any trial, action or proceeding or deprive him of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients.

Wow, that’s a mouthful. Legalese doesn’t know anything about punctuation. Does Rosetta Stone offer “lawyer?”

If I read it right, it says the “power to enter into any agreement, compromise or settlement of any litigation.”

Would that include agreements pertaining to property owners who, say, lost their tax-exempt status, but didn’t want to be bothered with the nasty, lay-world necessity of paying taxes?

Are we really saying to some lawyer, “Go ahead – do what you think is best!” when we’re dealing with the town’s coffers?

Part of the reason I get touchy about this stuff is because these all-powerful ordinances also state the following:

f.) Maintain a record of all actions, suits, proceedings and matters in judicial litigation or arbitration which relate to the Borough’s interest, and submit written monthly reports of same to the Council; and submit written reports to the Council of any new litigation or arbitration concerning the Borough at the next Council meeting immediately following service of process.

As Butthead might say, “huh, huh … it said written.”

Do these things ever show up in the minutes of council meetings?

If they’re written, somebody in Borough Hall could scan it right in, ya know? (Ask Katherine Watt: she’ll dumb down the technology for you.)

But please don’t tell me that we have to submit yet another stupid form to see what we’re paying for. The ordinance says the guy must submit these written reports.

Can we see them?

Please?

Pretty please?

Pretty please with a martini olive on top?

Because there’s a final part of this ordinance:

g.) Have such other and different functions, powers and duties as may be provided by general law or ordinance. (Ord. #667, S 8.2; Ord. #667-L-87-4, S 6)

“Other and different functions?” “As MAY BE provided?” “General law and ordinance”

Can it be any more vague?

Why not just insert a section into the borough ordinances that says:

“Anyone at Borough Hall can do whatever they please whenever they please however they please.”

I’m not going for a yuk. That scares me.

Remember, Bernstein is a very well paid fellow.

Suppose someone comes up to you and says, “Hey, I’m worried about what’ll happen if I take this drug test; could you whiz in a cup and let me use it as my own?”

Suppose you respond: “What’s in it for me?”

Suppose the answer is: “Five bucks.”

HAHAHAHAHAHAHAHAHAHA……

Now, suppose the answer is “$200,000 a year for an indefinite period.”

Might tempt you, huh?

I guess the thing that irks me the absolute most is that this fellow does this kind of work for a number of municipalities. It could be North Plainfield, North Arlington or Northfield – the only commonality is money. Getting paid. There’s NO accountability to the residents, no INPUT from the residents.

A guy shmoozes a mayor and enough of the council to get a majority, and he’s in like Flynn … or, in this case, Bernstein. And after that, we have no say in what he does.

A note to whoever wins the equally holy ‘mayor’s office’ this year: Mayor Allen has never actually had to go out-of-pocket on that $200,000 a year. Those legal fees were and are still paid by the TAXPAYERS.

That makes us the borough attorney’s “clients;” all 21,000+ of us. Not one mayor and seven Council members.

So let’s exercise a little of that good ol’ “attorney-client privilege” in the near future, and see what we’ve been paying through the nose for. See, we’re the clients, and he’s the attorney.

Any particular reason why we can’t see what we’re paying for?

You’ll be the mayor. You can do it.

Glenn Greenwald on Scott McClellan

“Real reporting is about uncovering facts that the political elite try to conceal, not ones they willingly broadcast. It’s about investigating and exposing — not mindlessly amplifying — the falsehoods and deceit of government claims. But our modern “journalists” (with some noble exceptions) don’t do that not only because they can’t do it, but also because they don’t think it’s their job. That’s because, by definition, they’re not journalists.”

Full Greenwald commentary is here.

Introduction to Citizen Power – Seminar June 9

Sponsored by Center for Civic Responsibility

WHERE: Plainfield Public Library (Lower Level Meeting Room)
800 Park Ave
Plainfield, NJ 07060

WHEN: June 09, 2008 07:00 pm EST.

WHAT: Learn about the structure of local government, and how to effectively participate.

MORE INFO: Citizens can be a catalyst for change, if they have the “know how.” This course will teach you about the four main “Power Centers” within your community, and how to effectively navigate within to become a part of the decision-making process in your town & beyond.

CONTACT: Terrell (732-548-9798 x6)

Circuit City to the Rescue?

I’ve noticed over the last few weeks that the Circuit City expected in the former Staples building in the K-Mart Plaza on Route 22 has been boarded up. The members of the Economic Development Committee