Borough Council Moving Ahead with Open Space Referendum

Councilwoman Barbara Habeeb reports that the Borough Council intends to move ahead with placing an open space tax referendum on the November 4 ballot to measure voter support for a 1 cent per $100,000 assessed value tax ($20 on a $200,000 home) for 3 years. She’s working on gathering sample referendum language.

In the meantime, here’s a draft information flier: Flier – Open Space Tax

Much more detail is in this ANJEC publication: ANJEC Open Space

Getting a majority on the measure come November will require a fairly intense public information campaign between now and then. Pro or con, think about it and talk it over with your friends and neighbors!

Open House at the Rescue Squad – August 2 – Noon to 4 p.m.

By Lieutenant Larry D. Lee

The North Plainfield Volunteer Rescue Squad, located at 334 Somerset Street, will hold our annual Open House on Saturday, August 2nd, 2008 from 12pm-4pm, within our building.

We invite you to come for the festivities and be part of it. We enjoy events like this, for it’s a time that we can meet and greet Borough residents and residents of surrounding communities, without the cause being an emergency.

We provide Emergency Medical Services to the people of North Plainfield and surrounding communities  including (but not limited to) the City of Plainfield, Watchung, and Greenbrook.

All services done free of charge! We are a nonprofit organization, run strictly by volunteers who dedicate their time outside of their busy schedules – people just like yourself, who hold full time jobs, go to school, and have families.

Now we are asking all North Plainfielders to do what you do best: Please help your neighborhood volunteers by promoting and participating in this event!

See you there!

Environmental Resource Inventory Update

After the Planning Board meeting last Wednesday, Councilwoman Barbara Habeeb approached Mayor Janice Allen and raised the issue of the Environmental Commission conducting an Environmental Resource Inventory in the Borough. 

ERI’s are a formal way for municipalities to identify natural resources that could fall under Environmental Commission statutory protections. NPCCR has been advocating this step for a long time, and several months ago, the Environmental Commission applied to the Association of New Jersey Environmental Commissions for a grant to conduct one. (Dr. Harry Allen had previously informed blog readers that the ERI process fell through in the 1980s when a computer crash destroyed an early draft of the written report.)

When questioned by Ms. Habeeb about the status of the ERI project, Mayor Allen replied “we applied for a grant from ANJEC and were turned down, so we can’t do an ERI.”

We don’t yet know why ANJEC rejected the application, although it’s become increasingly unclear in recent months whether North Plainfield’s Environmental Commission is a current member of ANJEC or whether that membership has lapsed.

However, Mayor Allen’s assertion that ERI’s can’t be done without grant money is false. As ANJEC resource papers point out, most of the data needed to conduct an ERI are readily available, and volunteers (Environmental Commission members or ordinary citizens) can choose to put in the time to locate the information, prepare and file the document themselves, without shelling out tax-dollars, or grant-dollars (tax dollars by another name) to high-paid consultants.

For more than two decades, the Environmental Commission has chosen not to do this work, or provide leadership and coordination services to recruit and supervise regular concerned citizens interested in doing the work.

The only reason there’s no North Plainfield ERI already is sheer laziness among Environmental Commission members, led by Mayor Allen’s husband Harry Allen and including many long-term members of the sort Emory Layne calls “lifetime appointees.”

It’s time to kick off the lazybones, get some fresh, energetic new people on that Commission, and get going on a locally-done, no-cost ERI.

Farm Market Vouchers for Seniors

Somerset County program offers vouchers for senior citizens to purchase fresh produce at local farmers’ markets. Information flier is HERE.

Agendas – July 28 Borough Council Meetings

I just took a look at the agendas for this Monday’s – July 28 – Council meetings, which start at 7:30 p.m. at Vermeule Community Center.

Check ’em out:

July 28 Agenda Meeting

July 28 Regular Meeting

All kinds of good stuff in there.

The long awaited “Shared Services Feasibility Study Report – Sharing of Fire and EMS Services between North Plainfield, Watchung and Green Brook” will be discussed.

Borough CFO Patrick DeBlasio and Borough Auditor Robert Morrison will be there to talk about the final 2008 Municipal Budget, factoring in the extraordinary state aid to get the final tax rates.

New people might be appointed to the Zoning Board of Adjustment.

Councilwoman Barbara Habeeb will have an opportunity to present and discuss putting a Municipal Open Space Tax Referendum question on the November 2008 ballot, and a proposal to amend the escrow portion of the zoning ordinances (I think by adding a Community Impact Study provision, but I’m not sure – will check my old e-mails to confirm).

There’s something about a “Defined Contribution Retirement Program” (DCRP) Ordinance.

And (drum roll please) Councilman Bob Hitchcock will be presenting something to do with a “Proposed Shade Tree Ordinance.”

And that’s just the Agenda session!

Gary Lewis on Brick Walls and Pushing Through Them

By Gary Lewis

I read in the obituaries that Dr. Randy Pausch, co-author of “The Last Lecture” recently died.

Dr. Pausch once said:

“The brick walls are not there to keep us out. Brick walls are there to give us a chance to show how badly we want something…Because brick walls are to stop the people who don’t want it badly enough. They’re there to stop the OTHER people”.

It made me think about the timing of where we are with shade tree issues: a brick wall. There will be many more. NPCCR will be tested on down the road. But we are not alone.

Thoughts from the Chair: The Art of Losing Friends and Influencing Enemies

By Mark Williams, NPCCR Chair, responding to “The Art of Politics”

“Politics is the art of preventing people from taking part in affairs which probably concern them.”  – Paul Valery

It is unfortunate that in this day and age Mr. Jones still believes in the “Good Old Boy” mentality that leads to a belief that the “art of politics is the art of making friends.”

If airing dirty laundry seldom makes friends it’s perhaps the friends we are not making that have something hidden in that dirty laundry. As the old saying goes, “You can’t make an omelette without breaking eggs”.

I want to take this opportunity to thank Mr. Jones for specifically pointing out those sections of the Shade Tree Ordinance that he had concerns about. Although limited in my familiarity with the document it was clear to me that some of his concerns had merit when presented at the July 17th meeting. It is always helpful when you are made aware of things that are incorrect or could be done better.

It is my observation however, that he did not need to justify his choice to remove his name from the Shade Tree Ordinance petition committee as detailed in his “The Art of Politics” blog response. Although there was disagreement in terms of what was good and what was bad with the document, just simply stating, “I no longer wish to be involved” would have been sufficient.

For me, it was never about the structure and content of the document.

It was about timing, timing, timing, which I believe to be one of the main themes stressed in the “Baffled to Fight Better” post.

When Mr. Jones states that the agenda of NPCCR is to be “more interested in achieving a success and teaching the Mayor and Council a lesson” rather then “improving the town by passing a good Shade Tree Ordinance”…is he suggesting that a bad Shade Tree Ordinance would have been passed?

Is he saying that in their zeal to achieve “a success and teach the Mayor and Council a lesson” the folks actively involved with the ordinance ignored the value and responsibility of presenting a quality document?

If, as Mr. Jones stated at the July 17th meeting, the ordinance had no way of passing if submitted in its current form, what would have been the lesson taught to the Mayor and Council and what actually would have been achieved?

I submit that it would have achieved the same as what was achieved when the previous 5 ordinances were submitted and rejected. You learn what you learn, you apply it to your next effort and you move on from there. I personally think it is okay to try and fail. There is nothing lost in trying.

However, there is much to be gained!

Mr. Jones suggests that “the NPCCR leadership skipped right over the need for improving the town by passing a good Shade Tree Ordinance.”

I would ask, where the heck are the town leaders on this issue?

I’m sure that legal counsel could have a passable ordinance drafted in a matter of days that would achive what the Shade Tree Advisory Board has been trying to achive on 5 previous attempts. Why have they not stepped up to resolve this issue?

It would appear that NPCCR leadership are not the only ones skipping over Borough needs to fufill some ego-driven agenda, if we are to believe Mr. Jones assertions about NPCCR leadership’s motives.

One more thought on this. Mr. Jones says he was not surprised, “given the NPCCR leadership agenda” of valuing success and sticking it to the Mayor and Council over the need to improve the town and pass a good ordinance. If this is the case, if he possessed such good insight as to the overt or covert agenda of NPCCR leadership, why in the world would he have the slightest bit of association with NPCCR or trust that the structure and content of the ordinance would be in concert with his values?

Mr. Jones has stated that he is not a member or supporter of NPCCR. His motivation for getting involved with the Shade Tree Ordinance was his concern for the trees in the Borough. Isn’t that really what it all comes down to: the trees?

As the Chair of NPCCR, I am not intoxicated by the thought of just the mere isolated achievement. The achievment has to be meaningful with tangable outcomes that reflect the stated ideals contained in the NPCCR Values and Mission Statement.

I could give a hoot who or what gets credit for getting an ordinance passed that will protect the trees in the Borough.

Barbara Habeeb – More on the Sunshine Laws

By Barbara Habeeb (reposted from a comment)

There seems to be some controversy in the interpretation of the Sunshine Law.Yesterday, I was told by someone from the Metuchen-based Center for Civic Responsibility (a statewide citizen empowerment organization) that the “governing body” is a catch-all phrase that applies to Boards and Commissions, including Borough Council and Board of Education.

Today, I spoke with someone from NJ Foundation for Open Government (a statewide open governance organization) who stated that “governing body” only applies to the Borough Council.

Councilwoman Mary Forbes also sent me information today from Deborah M. Kole, Staff Attorney, New Jersey State League of Municipalities that states:

“For purposes of the required public comment period required at meetings of the “municipal governing body”, this term applies only to council meetings, not planning board meetings or meetings of other municipal bodies. While the sunshine law itself and its notice requirements, etc., apply to all these public bodies, the public comment period is required only for council meetings.”

It is quite interesting how laws that are written to be so general get interpreted.

The Board of Education is not a “governing body,” yet they have a public comment session.

Another question to pose is, why is the Planning Board required to have a public comment session at a hearing? If they are not a “governing body” then they don’t need to have a public comment session at all, right? Or wrong?

This is why the laws are so confusing. Are they intentionally written to be broad in their interpretations? If not, then the laws should be written in specific terms so there is no confusion as to their interpretations.

Any attorneys out there with more information?

Barbara Habeeb on Site Plan Review by Environmental Commissions

By Barbara Habeeb

This information comes from the SITE PLAN AND SUBDIVISION REVIEW: ENVIRONMENTAL ANALYSIS report from ANJEC. MLUL stands for Municipal Land Use Law, a state statute which municipalities are supposed to
follow.

This piece is directly from the report on the section entitled “Commissions Should Be Involved”

The environmental commission has both the legal authority and the responsibility for taking part in the site plan review process.

The environmental commission enabling legislation (NJSA 40:56A-1 et seq.) states that an environmental commission has responsibility for “the protection, development or use of natural resources, including water resources, located within its territorial limits.”

Furthermore, the MLUL states that, “whenever the environmental commission has prepared and submitted to the planning board and the board of adjustment an index of the natural resources of the municipality, the planning board or the board of adjustment shall make available to the environmental commission an informal copy of every application for development submitted to either board.” (NJSA 40:55D-27) the index of natural resources, also known as the environmental or natural resources inventory (ERI / NRI), gives the environmental commission objective environmental information to evaluate development applications.

In addition, MLUL, and the environmental commission enabling legislation require that a member of the environmental commission be a member of the planning board. (NJSA 40:55D-23 and 40:56A-1)

The environmental commission legislation gives further authority, stating that “an environmental commission shall have power to study and make recommendations concerning open space preservation, water resource management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna” (NJSA 40:56A-6.)

All this being said, I hope our Environmental Commission will really take into consideration what’s at stake if 225 condos or 55 houses are to be built on the Villa Maria property. They have a responsibility to help preserve some of our natural resources.

Dr. Allen may want to recuse himself from these decisions, since his wife, Mayor Allen, is in favor of rezoning that property for condos, and there may be a conflict of interest.

Along with the fact that we don’t currently have an ERI, I also noticed that we don’t have a member of the Environmental Commission on our Planning Board, as required by (NJSA 40:55D-23 and 40:56A-1).

I believe NO PERMIT should be considered until we get this into place.

But when I asked about this (after the meeting Wednesday), Mayor Allen denied there was “opening” on the environmental commission and informed me that SHE is filling in as Liaison between the Environmental Commission and the Planning Board. But she’s NOT a member of the Environmental Commission, so technically, this is not right.

I suggested to her that it is a conflict of interest for her to do this, and that she should appoint someone else to fill that spot on the Environmental Commission, to sit on the Planning Board. She made a joke that she didn’t want to be on a committee with her husband anyway.

Public’s Right to Speak at Open Public Meetings

The Planning Board forbade members of the public to speak at Wednesday night’s Planning Board meeting, attended by approximately 30 North Plainfield residents, many of whom wished to vocally address the Board members on the topic of Villa Maria development.

Here’s a link to the relevant law. It’s possible that the Planning Board doesn’t qualify as a “governing body” under the law, and thus may lawfully gag the public. Awaiting input from more knowledgeable readers.