Illegal Eviction Notice – by Mark Williams

As the economy continues to spiral down and the bottom melts away from the housing market foreclosures abound, renters beware.  According to New Jersey’s Anti-Eviction Act, you cannot be evicted from your rental simply because your landlord has not paid the mortgage on the property.
 
As always, with such laws, there are exceptions.  So, please read more…  http://www.lsnjlaw.org/english/placeilive/irentmyhome/tenantsrights/chapternine/

Villa Maria, Back Taxes and County Freeholders – by Barbara Habeeb

At the request of Mayor Janice Allen, The Borough of North Plainfield appealed a court ruling that was made last year by Judge Ashrafi regarding the rezoning of the Villa Maria property from R-2 residential zoning to Age Restricted Condo (ARC) zoning.

Bill Campbell, a resident of Greenbrook who lives on Interhaven Ave. had taken North Plainfield to court claiming that the Borough Council voted to rezone that property illegally. At the time of the ARC vote, there were only six Councilmembers – one had recently resigned and not yet been replaced. Four Councilmembers voted in favor of the ARC zoning, two voted against (Bob Hitchcock and Margaret Mary Jones) which would make a four out of six vote.

Bill Campbell argued, successfully, that two-thirds of a seven-member Council required five “Yes” votes for passage. The trial court Judge Ashrafi agreed. Judge Ashrafi put it very nicely, about the “fortuitous” vacancy not being enough to make four votes into five votes.

Judge Ashrafi ruled that the rezoning of the property was indeed done illegally by the North Plainfield Borough Council, since seven Council votes were needed as opposed to the six votes they had. Although two-thirds of the six Council members voted in favor of rezoning the property, the two-thirds vote needed had to be two-thirds of seven Council members not six, thus the judgment against the town of North Plainfield. The zoning was then reverted back to the original R-2 residential zone as it currently remains.

Evidently the three appellate Judges, Lisa, Reisner and Sapp-Peterson agreed with Judge Ashrafi. Mayor Allen and the Borough of North Plainfield lost the appeal. So the property will remain zoned as R-2 residential. It is a clear victory for Bill Campbell and a victory for all the residents who do not want condos built on that property.

[editor's note:  here is a link to the Courier News article detailing this story]

Death and Taxes – by Mark Williams

Remember the old adage that there are only two things in life you must do: pay taxes and die, urban myth or truth? For the sake of argument, let’s pretend that it’s true. So, if the adage is true is there anything that says we can’t have some influence over the amount of taxes we pay and when we die? I’m going to leave the latter question of life and death as food for scholarly thought and address the former as a more immediate cause for concern.

Governor Corzine is proposing to allow municipalities in the state to delay their portion of the 2009 contribution to the states pension fund. The $584 million payment, due in April, could help to hold off a significant property tax increase for 2009. However, there is no reason to believe that Gov. Corzine and high ranking democrats will be able to gather the needed votes for this to happen. With a projected budget deficit of $5 billion dollars and the fact that local spending is out of control it remains a very real possibility that North Plainfield property tax will increase. Folks, there does not seem to be any real relief on the horizon!

On January 8th 2009, join members and supporters of NPCCR as we welcome Fran Gargano, Esq. to our regular monthly meeting. Fran is a local attorney who will be presenting on Appealing Home Appraisals. Its time to take every opportunity to make sure that as property owners, in North Plainfield , we are paying our fair share and ONLY our fair share of taxes. We can have an influence on our taxes.

The following is from the New Jersey State League of Municipalities website:
Are property taxes a big problem for the people of New Jersey?
Much has been written about New Jersey’s chronic over-reliance on property taxes. When we look at the statistics, the scope of the problem can be intimidating.
According to the Census Bureau, in 2005, property taxes in New Jersey totaled $19 billion, and represented 45% of all State and Local own source revenue. Nationally, property taxes equaled 31% of State and local own source revenue. Sales taxes in our State composed 24% of those revenues; and personal income taxes equaled 19%. Nationally, sales taxes were 35% of the total; while personal income taxes were 22%. New Jersey’s rank among the fifty states, per capita, was #1 in property taxes, #6 in sales taxes and #16 in personal income taxes. In 2006, the average residential property tax bill was $6,331. According to the national Federation of Tax Administrators, we were second in over-all reliance on property taxes-topped only by New Hampshire, a State that does not levy an income or a sales tax. Among States that collect sales, income and property taxes, only in New Jersey do property tax collections exceed sales and income tax collections, combined. In New Jersey, property taxes account for about 98% of all locally collected revenues. The National average is about 73%. And in our State, those with the least shoulder a disproportionate share of the burden.. Households with incomes in the lowest 20 % pay 9.2% of their earnings in property taxes, while the wealthiest 20 % pay 3.6% of their income through this assessment.

Surviving New Jersey Tax Burden – by Mark Williams

“In 2008, Americans will work 74 days to afford their federal taxes and 39 more days to pay state and local taxes. Meanwhile, buying food requires 35 days of work, clothing 13 days, and housing 60 days. Other major categories are health and medical care (50 days), transportation (29 days), and recreation (21 days). “
As the New Year fast approaches and the reality of the national fiscal crises moves forward and trickles down to affect us all, it is wise to seriously think about how we can survive as residents of a state with the highest tax rate in the nation. New Jersey has an estimated 11.8% of income state/local tax burden which is the highest in the country. This is well above the national average with each tax paying individual forking over $6,610 of their hard earned 2008 money for state and local taxes.

On January 8th 2009, join members and supporters of NPCCR as we welcome Fran Gargano, Esq. to our regular monthly meeting. Fran is a local attorney who will be presenting on Appealing Home Appraisals. Its time to take every opportunity to make sure that as property owners, in North Plainfield and the State, that we are paying our fair share and ONLY our fair share of taxes.

People living in the United States spent more on taxes then they did on food, clothing and housing combined. See attached graph for more details.

 “In 2008, Americans will work 74 days to afford their federal taxes and 39 more days to pay state and local taxes. Meanwhile, buying food requires 35 days of work, clothing 13 days, and housing 60 days. Other major categories are health and medical care (50 days), transportation (29 days), and recreation (21 days). “
As the New Year fast approaches and the reality of the national fiscal crises moves forward and trickles down to affect us all, it is wise to seriously think about how we can survive as residents of a state with the highest tax rate in the nation.  New Jersey has an estimated 11.8% of income state/local tax burden which is the highest in the country.  This is well above the national average with each tax paying individual forking over $6,610 of their hard earned 2008 money for state and local taxes. 
 
On January 8th 2009, join members and supporters of NPCCR as we welcome Fran Gargano, Esq. to our regular monthly meeting.  Fran is a local attorney who will be presenting on Appealing Home Appraisals.  Its time to take every opportunity to make sure that as property owners, in North Plainfield and the State, that we are paying our fair share and ONLY our fair share of taxes.
 
People living in the United States spent more on taxes then they did on food, clothing and housing combined.  See attached graph for more details.

“

Aberdeen Residents Heckle Tax Administrator – Erin O. Stattel, Independent Staff Writer

ABERDEEN – Residents turned out in large numbers, overflowing into the hallways of town hall at a special public meeting held Dec. 10 to discuss the revaluation and reassessment process by which local taxes are determined. In the standing-room-only council chambers, residents peppered Monmouth County Tax Administrator Matthew Clark with questions about the recent revaluation that was conducted town wide.

While Clark dodged the historic tar and feathers that tax officials were once subject to, he was put on the spot and at times was heckled.

“What is the government going to do about this?” demanded one man in the crowded room, which became hotter as tempers flared.

Full Story:

http://independent.gmnews.com/news/2008/1218/front_page/005.html

West End School performs Annie Jr. – by Barbara Habeeb

I had the extreme pleasure of attending the Thursday evening performance of Annie Jr. put on by the elementary students at West End School. What an outstanding show! It was obvious that a lot of time and effort went into the production of this show.

 

Principal Beth Sobel was beaming as she watched these children perform. I too, was very impressed. The children were so cute and they sang beautifully. Alyssa Totten had the leading role as Annie. She did a spectacular job! As an elementary music teacher I don’t get impressed easily, so you can be sure this was something special.

 

I commend the teachers who took time out of their busy schedules to do the after school rehearsals, and I give credit to the children who gave their time as well. This is the kind of project that makes a school come together. It brings a sense of self esteem for all the children who participated, and a sense of pride for the whole school. I am glad to see good things coming out of North Plainfield Schools. Excellent job!

Borough Council Meeting – Monday Dec 22, 2008 at Vermule Community Center

BOROUGH OF NORTH PLAINFIELD

AGENDACOUNCIL AGENDA CONFERENCE MONDAY, DECEMBER 22, 2008

NORTH PLAINFIELD COMMUNITY CENTER 7:00 P.M.
614 GREENBROOK ROAD, NORTH PLAINFIELD, NJ

ROLL CALL:

Council Members: Mary H. Forbes
Michael Giordano Jr.
Robert E. Hitchcock
Lawrence La Ronde
Frank Righetti
Douglas M. Singleterry
Frank “Skip” Stabile, Council President

Pledge of Allegiance to the Flag

Statement of Compliance as to Notice of Meeting

PUBLIC COMMENT
General public comments shall be limited to five minutes for each individual.
(Rule 29 of the Borough Council’s Rules of Order)

NEW BUSINESS:

1. Housing Element and Fair Share Plan – Art Bernard, COAH Housing Consultant, Bernard & Nebenzahl, L.L.C., to be present – J.G.A.

PUBLIC COMMENT

REPORTS OF BOARDS, COMMITTEES, COMMISSIONS

ADJOURNMENT

  BOROUGH OF NORTH PLAINFIELD

AGENDA 

 

REGULAR COUNCIL MEETING MONDAY, DECEMBER 22, 2008
(Following the 7:00 p.m. Agenda Conference)

NORTH PLAINFIELD COMMUNITY CENTER 614 GREENBROOK ROAD, NORTH PLAINFIELD, NJ

ROLL CALL

Council Members: Mary H. Forbes
Michael Giordano Jr.
Robert E. Hitchcock
Lawrence La Ronde
Frank Righetti
Douglas M. Singleterry
Frank “Skip” Stabile, Council President

Pledge of Allegiance to the Flag
Statement of Compliance as to Notice of Meeting

PUBLIC COMMENT
General public comments shall be limited to five minutes for each individual.
(Rule 29 of the Borough Council’s Rules of Order)

APPROVAL OF COUNCIL MEETING MINUTES:

Regular Meeting of October 14, Agenda Conference and Regular Meeting of November 10, 2008

Roll Call

HEARING: ORDINANCE NO. 08-27, AN ORDINANCE TO AMEND, REVISE AND SUPPLEMENT THE BOROUGH CODE OF THE BOROUGH OF NORTH
PLAINFIELD, SPECIFICALLY CHAPTER XXII, ARTICLE VI, ENTITLED “SUBDIVISION AND SITE PLAN APPROVAL” TO ADD A NEW
SECTION 22-72, ENTITLED “PAYMENT OF TAXES AND ASSESSMENTS”

Reading of title by the Clerk

PUBLIC COMMENT

MOTION: Close public hearing Roll Call
RESOLUTION:
Mr. La Ronde:
12-22-08-01 Adoption and advertising of Ordinance No. 08-27 Roll Call

HEARING: ORDINANCE NO. 08-28, AN ORDINANCE TO AMEND, REVISE AND SUPPLEMENT THE BOROUGH CODE OF THE BOROUGH OF NORTH
PLAINFIELD, SPECIFICALLY SECTION 22-119, ENTITLED “SIGNS,” (placing a time limitation on how long building construction signs may remain
on a property)

Reading of title by the Clerk

PUBLIC COMMENT

MOTION: Close public hearing Roll Call

RESOLUTION:
Mr. Singleterry:
12-22-08-02 Adoption and advertising of Ordinance No. 08-28 Roll Call

CONSENT AGENDA

Statement by Council President

RESOLUTION:
Mrs. Forbes:
12-22-08-03 Approving the Consent Agenda Roll Call

CONSENT AGENDA RESOLUTIONS:

a. Petitioning COAH with an Adopted Housing Element and Fair Share Plan

b. Endorsing the obtaining of a grant from the State of New Jersey to fund the preparation of an Historic Preservation Element for the North Plainfield Master Plan

c. Authorizing the issuance of a taxicab driver license for calendar year 2009 to the following:

Ana Perez, 195 North Avenue, Floor 2, Apt. A, Plainfield, NJ
Milton D. Vargas, 46 Myrtle Avenue, North Plainfield, NJ
Resolutions-continued:

d. Authorizing the issuance of coin-operated amusement devices licenses for calendar year 2009 to the following:

Luis Penaloza, t/a The Bridge, 50-54 Watchung Avenue
Mi Mundo Latino LLC, 375 Somerset Street
Tesoro Salvadoreno Restaurant Inc., 64 Somerset Street

e. Authorizing Budget transfers

f. Authorizing the Borough Treasurer to refund certain tax sale certificates

g. Authorizing the Treasurer to refund certain sewer utility overpayment

h. Approving the Consolidated Bill List of December 22, 2008

REPORTS 2008:

October Monthly: Police Department
October and November: Fire Department
Year to Date /December 8: Finance – Budget Account Status

COMMUNICATIONS:
Comcast Government and Community Affairs

Union, NJ
Re: Channel Change
Somerset County Board of Chosen Freeholders
Re: Invitation to Annual Organization Meeting
Green Brook Flood Control Commission
Green Brook, NJ
Re: Proposed 2009 Budget
Cozen O’Connor, P.C.
Cherry Hill, NJ

Re: In the Matter of the Petition of New Jersey American Water Company for Authorization to Implement a Distribution System Improvement Charge (“DSIC”) BPU Docket No. WO08050358

Franklin Township
Somerset County

Communications-continued:
Re: Resolution endorsing Senate Bill No. 1816, which authorizes counties and municipalities to acquire real property, and to resell or lease it with agricultural deed restrictions attached, for farmland preservation purposes

Somerset County United Way
Re: Open House & Celebration
NJ State League of Municipalities
Re: Notice of Women’s Celebration Day brunch to be held March 13, 2009

NJ Council on Affordable Housing
Trenton, NJ
Re: COAH’s Proposed Rule Amendment
NJ Department of Community Affairs
Division of Local Government Services Re: Local Finance Notice – Update on Proposed Pension Deferral Initiative

Jack Fowler
North Plainfield, NJ
Re: Appreciation for the planting of new trees by the Shade Tree Advisory Board
Rafano & Wood, Esqs.
South River, NJ
Re: J & J Mechanical vs. Borough of North Plainfield, et al.

REQUESTS FOR AGENDA ITEMS
PUBLIC COMMENT
COMMENTS BY MAYOR, ADMINISTRATOR AND COUNCIL MEMBERS
ADJOURNMENT

NPCCR To Host Home Appraisal Seminar – Jan 8, 2009 at Vermule Community Center

For our monthly January 8 meeting, NPCCR will be hosting a seminar to help people interested in challenging their home appraisals Guest lecturer will be Fran Gargano, Esq., local attorney. Meeting is scheduled for 7 pm at Vermuele’s Senior Community Center, Greenbrook Road at Clinton Avenue. All welcome. Bring a friend or neighbor and, of course, your questions.

Plant’s Rights

New York Times Magazine – CELDF/Ecuador
By CLAY RISEN

 

In September, Ecuador vaulted to the forefront of international eco-politics when it became the first country to extend constitutional rights to nature. Approved by nearly 70 percent of voters, the Andean republic’s new Constitution grants nature “the right to the maintenance and regeneration of its vital cycles, structure, functions and evolutionary processes.” The precise scope of nature’s rights is unclear. Referring to Pachamama, an indigenous deity whose name roughly translates as “Mother Universe,” the text puts less emphasis on defending specific species than on the rights of ecosystems writ large. And it is uncertain how, exactly, a country as poor as Ecuador can protect those rights – though observers expect to see a raft of new lawsuits against oil and gas companies.

Even so, it is a milestone for environmental organizations that seek to rewrite our treatment of nature. In fact, one such group, the Pennsylvania-based Community Environmental Legal Defense Fund, helped draft the new protections in the Ecuadorean Constitution. The C.E.L.D.F. posits that most laws define nature as someone’s property, forcing environmentalists to prove extensive damage before regulations can be put in place. A rights-based approach, it argues, reverses that burden, putting the health of ecosystems first.

Ecuador isn’t alone in elevating the sanctity of nature: this year, the Spanish Parliament granted the right to be spared “abuse, torture and death” to great apes, and an ethics panel appointed by the Swiss Parliament called for protecting plants’ “reproductive ability.” As a consequence, Swiss researchers must now apply for approval before conducting scientific research on even the smallest of flora. Ecuador’s new Constitution may go much further, arguably granting broad protections to simple life forms like algae and even bacteria. After all, who knows what they might evolve into?

http://www.nytimes.com/2008/12/14/magazine/14ideas-section3-t-003.html?_r=1&scp=2&sq=c.e.l.d.f.&st=cse

School Board Elections Moving? – Mark Williams

The Senate Education Committee approved a bill yesterday to move school board elections from April to November to save tax dollars and to increase voter interest in local school balloting.

The bill would also eliminate the vote on school budgets that fall below the state limits for budget increases called “caps”.
Read More…

http://www.nj.com/news/index.ssf/2008/05/new_bill_would_shift_school_el.ht