Minutes from the December 20, 2010 Public Meeting                                   

of the South Plainfield Mayor and Council

The meeting was called to order at 7:45pm by Mayor Butrico in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6, with adequate notice of this meeting of the Borough Council being provided to the borough’s two official newspapers and also published on the Borough’s website. 

Administrator Cullen called the roll.  Present were Council Members:  Bengivenga, Buteas, McConville, Rusnak, Salerno, and Anesh.

Mr. Bengivenga made a motion to accept the minutes of December 6, 2010, Agenda,
Public and Executive, seconded by Mr. McConville.

YES:  Bengivenga, Buteas, McConville, Rusnak, and Anesh     MOTION CARRIED

They Mayor opened the meeting up to the Public on any items that are on the agenda.

Alex Barletta directed his question to Councilwoman Buteas with regards to Ordinance #1909, the sewer fees increase.  He asked her to explain her vote on this ordinance.  A discussion ensued among Mr. Barletta and the Mayor and Council for several minutes.  Mr. Barletta then asked Councilwoman Buteas about her vote on Ordinance #1912.  Another discussion took place for several minutes.

Frank Mikorski commented on Resolution 10-325 by stating that he will not shop at Target because he will get part of that $164,000 back.   Mr. Mikorski thanked Mayor Butrico for the process he went through recognizing those young people particularly for the reason being that we very seldom get much publicity for young people when they do positive things.  

Paul McCullen asked for clarification on Resolution 10-323 and what the cost of the PSE&G tax appeal is.  Mr. Cullen explained the details. Mr. McCullen then asked about Ordinance #1912 and the options available to handle the settlement to BIT Holding.  Mr. Cullen replied that Bond Counsel determined that the best course of action would be a refund.

Debbie Boyle thanked the Mayor and Council for recognizing all of the cheerleaders and students for all of their accomplishments. 

Mayor Butrico closed the public portion of the meeting.

Councilman Rusnak commented on Ordinance #1909 with the sewers and offered a comparison of the rates in neighboring towns.  Carteret as an example is at $348 per year, Cranford $600, Watchung $500, Warren $720, Highland Park $586, Old Bridge $415, and Piscataway at $230.  

Councilwoman Buteas commented on Mr. Rusnak’s observation. 

Mayor Butrico called for Ordinance #1909

Administrator Glenn Cullen read Ordinance #1909 by title only for public hearing and final adoption:

#1909 entitled:  An Ordinance Amending Chapter 157, of the Code of the Borough of

   South Plainfield entitled “Sewers”

BE IT ORDAINED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

the following be and is hereby amended as follows:

Schedule A

Annual Sewer Rental - 2011

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(Effective for bill periods beginning January 1, 2011)

This Schedule A hereby establishes three (3) sewer user classes under this ordinance as follows:

(1)                Residential structures

            (1A)     Residential structures ....................................................................... $315.00 per service unit

            (1B)     Residential structures reduced rate: ...............................................   $157.50 per service unit.

All recipients of the $250.00 real property tax deduction granted in accordance with the provisions of P.L. 1963, C. 172 (R.S. 54:4-8.41) shall be given a deduction in the sewer rental rate that will result in a net annual rate not exceeding $157.50.

(2)                Commercial users

Minimum annual sewer service unit user charge for any Commercial user connected to the Borough Sanitary Sewer System shall be five hundred and eighty dollars ($580.00).  The following rates are for actual consumption in 100 cubic feet of water used per information supplied by the water company(ies).

(2A).... Class 1 ........................................................................................ $6.79100

(2B).... Class 2 ........................................................................................ $8.14000

(2C).... Class 3 ........................................................................................$10.03000

(2D).... Class 4 ........................................................................................ $5.71000

(2E).... Class 5 ........................................................................................ $5.49200

(2F)..... Class 6 ........................................................................................ $5.49700

(2G).... Class 7 ........................................................................................ $7.01500

(2H).... Class 8 ........................................................................................ $6.83000

(2I)..... Class 9 ........................................................................................ $7.12800

(3)         Industrial Establishment Users

(3A)     Monitored Industrial establishments:

Notwithstanding any rates set forth herein to the contrary, in no case shall the charge
for Monitored Industrial users be less than the charge for an equal volume of flow as otherwise world be determined utilizing the commercial establishments rate set forth
in Commercial User (2C) Class 3 rate $10.030 or for a minimum annual user charge
of five hundred dollars and forty ($580.00), whichever is higher.  In addition to the loading and flow charges, the Monitored Industrial User shall pay for the cost of
sampling and laboratory testing of the wastewater.

                        (3A)     Flow Million Gallons .........................................................................$3,725.00

                        (3B)     BODperTon…………………………………………………………...$860.25

                        (3C)     SSperTon…………………………………………………………….$1,100.00

                        (3D)     Chlorine Demand per CWT ............................................................. $87.25

            (3B)     Unmonitored Industrial User ..............................................$10.945 per 100 cubic                           feet

(4)        Sample collection fees and laboratory analysis fees paid by the Borough shall be a pass-through cost to the User being monitored and shall be included on the next bill.

(5)        Application for a Certificate of Use for sanitary sewer review shall be through the Borough Building Department.  The fee shall be $100.00 for an application of a change of building use.  This fee is in addition to the current Building Department Review Fee.

All other fees and provisions of this Article shall remain in full force and effect.

This amendment becomes effective after final adoption and advertisement in accordance with the law.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1909.

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Bob Jones commented on the sewer increase and acknowledged that PARSA just passes it though and it initially comes from the MCUA.  I know South Plainfield has a representative to PARSA and I feel that is something that the representative should have been addressing with PARSA and reporting back to the council.  He also asked that the Council pass a resolution calling upon MCUA to rescind these increases.

Ray Petronko, South Plainfield tax payer, currently residing in another municipality commented on the equipment needed, i.e. mason dump, by stating if we get rid of things we really need we can absorb some of this.

Lester Berger, Hamilton Blvd. asked what the percentage was for the sewer increase.  Mr. Cullen replied Resident 8.6% and Commercial 10%.

Mr. Bengivenga read a statement reiterating what was said at the last meeting stating
that the Middlesex County Utilities Authority passed this increase on to our municipality.

May Butrico stated that we really should be looking elsewhere for some of these increases.  In future we may want to look at where we can make other cuts.   He closed the public hearing and called for the motion on 1909.

Mr. Anesh made a motion to approve Ordinance #1909, seconded by Mr. Bengivenga.

YES:  Bengivenga, McConville, Rusnak, Anesh

NO:  Buteas, Salerno                                                             MOTION CARRIED

Mayor Butrico called for Ordinance #1910

Administrator Glenn Cullen read Ordinance #1910 by title only for public hearing and final adoption:

#1910 entitled:  An Ordinance Amending Chapter 157, of the Code of the Borough of

   South Plainfield entitled “Vehicles and Traffic” was adopted after a

   Public hearing and final reading were conducted on Monday December

   20, 2010 at the Municipal Building.

BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that the Code of the Borough, Chapter 187 of the Borough of South Plainfield be amended to add the following:

            All vehicles shall be prohibited from making a right-hand turn from the western most driveway exiting the property commonly known as 450 Oak Tree Road to travel eastbound on Oak Tree Road.  All violators of this Ordinance shall be subject to a
minimum penalty of $100.00, and maximum penalty of $1,000.00 for each violation
to be determined in the discretion of the Court.

            This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1910

There were no public comments so Mayor Butrico closed the Public Hearing and called for
a vote on the ordinance

Mr. Bengivenga made a motion to approve Ordinance #1910 for final adoption, seconded by Mr. Rusnak.

YES:  Bengivenga, Buteas, McConville, Rusnak,

Salerno, Anesh                                                          MOTION CARRIED

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Mayor Butrico called for Ordinance #1911

Administrator Glenn Cullen read Ordinance #1911 by title only public hearing and final

adoption:

#1911 entitled:  Ordinance amending Section 3(b) of Bond Ordinance #1890 of the

Borough of South Plainfield, in the County of Middlesex, New Jersey,

finally adopted May 3, 2010 in order to amend the description of the project

BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

            Section One.   Section 3(b) of Bond Ordinance #1890 of the Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”), finally adopted May 3, 2010 which provides for the acquisition of a front end loader is hereby amended to read as follows:

            Section Two.   The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services is on file with the Clerk and is available there for public inspection.

            Section Three. This ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1911.

There were no public comments so Mayor Butrico closed the Public Hearing and called for a vote on the ordinance

Mr. McConville made a motion to approve Ordinance #1911 for final adoption, seconded by Mr. Bengivenga.

YES:  Bengivenga, Buteas, McConville, Rusnak,

Salerno, Anesh                                                          MOTION CARRIED

Mayor Butrico called for Ordinance #1912

Administrator Glenn Cullen read Ordinance #1912 by title only public hearing and final adoption:

#1912 entitled:  Refunding Bond Ordinance providing for payment of amounts owing to

   others for taxes levied resulting from settled tax appeals in and by the

   Borough of South Plainfield, in the County of Middlesex, New Jersey,

   appropriating $590,000 therefore and authorizing the issuance of

   $590,000 bonds or notes of the Borough for financing the cost thereof

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BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS:

Section 1.        The Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) is hereby authorized to pay an aggregate amount not exceeding $560,014.88 for amounts owed by the Borough to the owner of Bit Holdings Fifty-Three Inc. located on Park and Oak Tree in the Borough, as more specifically known as Block 222, Lot 1 on the tax maps of the Borough and for the costs associated therewith.

Section 2.        An aggregate amount not exceeding $29,985.12 for items of expense listed in and permitted under N.J.S.A. 40A:2-51(b) has been included in the aggregate principal amount of refunding bonds authorized herein.

Section 3.        In order to finance the cost of the project described in Section 1 hereof, negotiable refunding bonds are hereby authorized to be issued in the principal amount of $590,000 pursuant to the Local Bond Law.

Section 4.        In anticipation of the issuance of the refunding bonds, negotiable tax appeal refunding notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.  All tax appeal refunding notes issued hereunder shall mature at such times as may be determined by the chief financial officer, provided that no note shall mature later than one year from its date.   The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer.  The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer’s signature upon the notes shall be conclusive evidence as to all such determinations.

All notes issued hereunder may be renewed from time to time, but all such notes including renewals shall mature and be paid no later than the fifth anniversary of the date of the original notes; provided, however, that no notes shall be renewed beyond the first
or any succeeding anniversary date of the original notes unless an amount of such notes,
at least equal to the first legally payable installment of the bonds in anticipation of which the notes are issued, determined in accordance with the maturity schedule for the bonds approved by the Local Finance Board, is paid and retired on or before such anniversary date; and provided, further, that the period during which the tax appeal refunding notes and any renewals thereof and any permanent bonds are outstanding, shall not exceed the period set for the maturity of the bonds by the Local Finance Board.

The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the
date of delivery thereof.  The Chief Financial Officer is directed to report in writing to
the governing body at the meeting next succeeding the date when any sale or delivery
of the notes pursuant to this ordinance is made.  Such report must include the amount,
the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

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Section 5.        The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough.  The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.  In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

            Section 6.   The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $590,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

 Section 7. The Borough hereby declares the intent of the Borough to issue bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use the proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance.  This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations §1.150-2 or any successor provisions of federal income tax law.

Section 8.         The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount.

            Section 9.        A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption, together with a complete statement in the form prescribed by the Director and signed by the chief financial officer of the Borough as to the indebtedness to be financed by the issuance of the refunding bonds authorized herein.

Section 10.      This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this ordinance as finally

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adopted.  This bond ordinance, and the authorization herein to issue tax appeal refunding notes, shall expire 365 days from the effective date.

Mayor Butrico opened the public hearing for public comment.

Robert Jones offered his opinion on tax appeals, appraisals and litigation.  A lengthy discussion ensued among Mr. Jones and members of the Mayor and Council about the tax appeals situation and the issue of budgeting vs. borrowing, past and present.

Mayor Butrico closed the public hearing and called for a motion and vote.

Mr. Anesh made a motion to approve Ordinance #1912 on introduction, seconded by Mr. Bengivenga.

YES:  Bengivenga, McConville, Rusnak, Anesh   

NO:     Buteas, Salerno                                                          MOTION CARRIED

Mayor Butrico asked if there were any comments on resolutions.

Councilwoman Buteas expressed concern with regards to three Zoning Board members resigning and asked for an explanation.  Mr. Bengivenga offered an explanation. Mayor Butrico stated that they could resign for whatever reason.   A discussion between Mayor
and Council followed.

Mr. Bengivenga made a motion to approve Resolutions 10-323 through 10-346, seconded
by Mr. Rusnak all of which begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-323

WHEREAS, the taxpayer, Public Service Electric & Gas Co. (ATaxpayer@) has appealed the real estate tax assessment on its property located at 4000 Hadley Road, also known as Block 528.01, Lot 46.01, for the tax year 2010, in the Tax Court of the State of New Jersey, Docket No. 009012-2010; and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to affirm the existing 2010 assessment of $3,797,600 for that year (true value of   $10,994,789 x average ratio of 34.54%) and agreeing to a 2011 assessment of $2,006,600 (true value of $65 per square foot or $5,720,000 x average ratio of 35.08%); and

WHEREAS, the Borough assessor has recommended this settlement be approved since the 2011 adjustment will not result in a refund due from the Borough, will instead reduce the revenues due in 2011 as spread between the Borough, School and County taxes, and since, in her opinion, this proposed settlement is reasonable and reflects the correct market value for the property; and

WHEREAS, the Stipulation of Settlement is annexed hereto and incorporated herein by this reference and has been reviewed and approved by the Borough Council; and

WHEREAS, there will be no refund due to the taxpayer on account of this settlement unless the assessment is not adjusted by the assessor as agreed in 2011; and

WHEREAS, the Taxpayer will not appeal the 2011 assessment except to implement, enforce or confirm the agreed upon 2011 adjusted assessment; and

WHEREAS, the Borough Tax Assessor and Attorney have reviewed and recommend the settlement to the Borough Council; and

WHEREAS, the aforesaid prospective reduction in assessment has no general application to other properties within the Borough of South Plainfield as a result of the aforesaid specific fact situation; and

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WHEREAS, the Borough Council leaves the allocation between land and improvements of the aforesaid tax assessment reduction to the Borough’s Assessor’s discretion with the direction that the same be set so as to be most beneficial to the Borough; and

WHEREAS, the Borough Council makes this settlement with the taxpayer without prejudice to its dealings with any other Borough taxpayers’ request for tax assessment reduction.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, as follows:

1.     The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $2,006,600 total tax assessment for the 2011 tax year for Block 528.01, Lot 46.01, which is most beneficial to the Borough and advise the Borough Attorney of that allocation.

2.       The Borough Attorney is hereby authorized to execute a Stipulation of Settlement, a copy of
which is annexed hereto, relative to the tax appeal of Public Service Electric & Gas Co. vs. Borough of South Plainfield, Docket No 009012-2010; which affirm the 2010 total tax assessment on block 528.01, Lot 46.01 at $3,797,600; which prospectively reduces the 2011 total tax assessment to a total tax assessment of $2,006,600;; and which further provides that the allocation between the land and improvements as established by the Borough Tax Assessor shall be set forth in said Stipulations of Settlement; which further provides that said taxpayer will waive the right to appeal the 2011 assessment except for the purpose of obtaining a judgment to implement, enforce and/or confirm the agreed to 2011 assessment; which further provides that interest will be waived in the event there is a refund due in 2011, except if that refund is not paid within 60 days of judgment.

5. The settlement outlined above shall be without prejudice to the Borough of South Plainfield’s dealings with any other Borough taxpayers’ request for tax assessment reductions.

#10-324

the language used to describe the contract rate in Resolution # 10-296 is hereby amended to read “$35.00 per incident” instead of $35.00 per hour.

#10-325

WHEREAS, the following list of taxpayers have filed appeals with the State Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be
credited.

OWNER/ADDRESS                            BLOCK        LOT     QUAL            YEAR              AMOUNT

Target                                            528         46.27    C0001       2010            $94,646.53

5000 Hadley Center Drive                                                          2009           $70,277.09            

South Plainfield, NJ 07080

Total                                                                                                                          $164,923.62   *

* No refund checks to be issued.  Credit will be applied to taxes.

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield that the Chief Financial Officer is hereby authorized to issue a credit(s) in the

amount(s) as mentioned above.

#10-326

WHEREAS, the following list of taxpayers have filed appeals with the State Tax Court and have received judgments reducing their assessments:

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NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be refunded.

OWNER/ADDRESS                                         BLOCK      LOT               YEAR              AMOUNT

SP Fidelco I, LLC                                      467.03        1                2010             $9,969.48      

3474 South Clinton Avenue                                                          2009             $6,709.07

South Plainfield, NJ 07080                                                           2008             $5,260.83

Total                                                                                                                            $21,939.38   *

ATTORNEY

Schneck Law Group LLC

301 South Livingston Avenue

Suite 105                                 

Livingston, NJ 07039

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield that the Chief Financial Officer is hereby authorized to issue a check(s) in the

amount(s) as mentioned above.

#10-327

WHEREAS, the owner of Gene’s Auto Wreckers in the Borough of South Plainfield has
made an application in accordance with the Borough Code, Chapter 118 for renewal of
the license to operate a junkyard for the year 2011, and

WHEREAS, after proper investigation it was deemed that all requirements of the Code have been met.

NOW THEREFORE BE IT RESOLVED that the Governing Body that a junk yard license be issued to Gene’s Auto Wreckers for 2011.

#10-328

WHEREAS Absolute Fire Protection Co., Inc., A.J.V. Auto Air & Service, Inc., Conti Enterprises, H. K. Truck Services and Prevost Car (US), Inc. have met all requirements of the Borough Ordinance #742 to conduct the sale or exchange of motor vehicles; and

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that Absolute Fire Protection Co., Inc., A.J.V. Auto Air & Service, Inc., Conti Enterprises, H. K. Truck Services, Prevost Car (US), Inc. be and are hereby issued licenses to conduct the sale or exchange of motor vehicles for the year 2010.

#10-329

WHEREAS, the following list of Laundromat operator have made  application in accordance with the Borough Code, Chapter 122 for renewal of their license to operate for the year 2011; 

1. Laundry Land, 1243 West 7^th Street
2. Quick Wash Laundromat, 4993 Stelton Road
3. Smile Laundromat,  2099 New Brunswick Ave.
4. Kobike Corp. 3600 Park Avenue, Suite M                                                    

WHEREAS, after proper investigation, it was deemed that all requirements of the Code have been met by each applicant;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, that licenses be issued to the four laundry owners listed above for 2011. 

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#10-330

the Mayor and Municipal Clerk are hereby authorized to execute a service contract between the Borough of South Plainfield an the following list of vendors to provide snow removal services for the 2010/2011 winter season  per the bid specifications submitted.

#10-331

WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have

overpaid their taxes and have requested a refund:

OWNER/ADDRESS

Block 367, Lot 2.08

Stephanie J. Walsh

614 Spicer Avenue

South Plainfield, NJ 07080                                                                                                             

$2,076.98                                                                                            

VENDOR

Wells Fargo Real Estate Tax Service

1 Home Campus

MAC-X2301-03D

Des Moines, IA 50328-0001

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield that the Chief Financial Officer is hereby authorized to issue a check(s) in the

amount(s) as mentioned above.

#10-332

WHEREAS, a need has been determined for the purchase of a Mason Dump Truck for the Dept. of Public Works; and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11, a local contracting unit may, without advertising for bids, purchase any goods or services under any contract or contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, Warnock Automotive, the successful bidder selected by the Division of Purchase and Property for State Contract # A73961, meets the specifications of the borough’s need for a dump truck;

WHEREAS, pursuant to N.J.A.C. 5:30-5.3 et seq, the Chief Financial Officer has determined and certified to the Clerk that funds are available in Capitol accounts  C-04-55-911-002-902 and C-04-55-901-000-916

NOW, THEREFORE, be it resolved that the South Plainfield Borough Council hereby authorizes the purchase of a 2011 Ford Super Duty F450 DRW Mason Dump Truck from Warnock Automotive, utilizing State contract # A73961 with options, at a cost not to exceed $40,000.00.

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#10-333

WHEREAS, Middlesex County has initiated a county road widening project along New Brunswick Avenue in the Borough of South Plainfield and the Township of Piscataway and has directed each municipality to acquire the necessary easements in their respective towns; and

WHEREAS, the Borough of South Plainfield, through the legal representation of Clarkin & Vignuolo, P.C., 1100 Centennial Ave, Piscataway, NJ 08854, has attempted to acquire the needed easements along the Borough’s side of New Brunswick Avenue through individual negotiation with each property owner; and

WHEREAS, during the course of the acquisition process, the Borough attempted to compensate owners for the fair market value of the land to be taken and all but three land owners accepted the offer; and

WHEREAS, no agreement could be reach between the Borough and the land owners of the following properties:

NOW, THEREFORE, the Borough Council of the Borough of South Plainfield does hereby authorize the legal firm of Clarkin and Vignuolo to commence eminent domain action for the purpose of acquiring the required easements so noted above.

#10-334

WHEREAS, the Borough Auditing firm of Hodulik and Morrison has completed the Audit
for TY2009 and made corrective recommendations; and

WHEREAS, the Chief Financial Officer has reviewed the Auditors comments and recommendations; and

WHEREAS, the Chief Financial Officer has submitted a Corrective Action Plan to the Governing Body for the Transition Year ending December 31, 2009;

NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, that the Corrective Action Plan for TY2009 is hereby accepted.

BE IT FURTHER RESOLVED that one (1) certified copy of the Corrective Action Plan shall be sent to the Director of the Division of Local Government Services and a copy will be placed on file and made available for public inspection in the Officer of the Municipal Clerk in Borough of South Plainfield within 45 days of this notice.

#10-335

WHEREAS, in accordance with N.J.S.A. 40A:4-58 permits appropriation transfers during the last two months of the fiscal year, for the purposes specified and in excess of sums appropriated in the Budget; and

WHEREAS, such transfers must be approved by a vote of not less than two-thirds of the full membership of the governing body.

NOW, THEREFORE, BE IT RESOLVED that the following transfers be approved in accordance with State Statute:

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#10-336

the retirement of Robert Rogers from the South Plainfield Police Dept., upon completion of 25 years of service to the Borough of South Plainfield is hereby accepted, effective June 2, 2011.

#10-337

Donald Diegnan is hereby authorized to provide professional service including wiring,
phone software upgrades and other related services for the police dispatch at a cost not
to exceed $1,000.

#10-338

WHEREAS N.J.S.A. 40A:4-87  provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS the Borough of South Plainfield has received a grant in the amount of
$7,000.00 from the Middlesex County Dept. on Aging, under the 2010 Title III B grant
for Senior Citizen Information and Assistance program services;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of South Plainfield, in the County of Middlesex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $7,000.00, which is now available as a revenue from the Middlesex County Dept. on Aging 2010 Title III B grant program. 

BE IT FURTHER RESOLVED that one certified copy of this resolution be forwarded to the Director of the Division of Local Government Services

#10-339

WHEREAS N.J.S.A. 40A:4-87  provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS the Borough of South Plainfield has received a grant in the amount of $7,000.00 from the Middlesex County Dept. on Aging, under the 2010 SHTP grant for Senior Citizen Assisted Transportation program services;

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of South Plainfield, in the County of Middlesex, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2010 in the sum of $7,000.00, which is now available as a revenue from the Middlesex County Dept. on Aging 2010 SHTP grant for Senior Citizen Assisted Transportation services;

BE IT FURTHER RESOLVED that one certified copy of this resolution be forwarded to the Director of the Division of Local Government Services

#10-340

WHEREAS, a need has been determined for the purchase of a Police Patrol Vehicle; and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11, a local contracting unit
may, without advertising for bids, purchase any goods or services under any contract or contracts entered into through a Cooperative Pricing agreement with other municipalities; and

WHEREAS, Warnock Automotive, the successful bidder selected by the Cranford Co-Op under Contract # 101, meets the specifications of the borough’s need for a police patrol vehicle;

WHEREAS, pursuant to N.J.A.C. 5:30-5.3 et seq, the Chief Financial Officer has determined and certified to the Clerk that funds are available in accounts 0-01-25-240-001-301;

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NOW, THEREFORE, be it resolved that the South Plainfield Borough Council hereby authorizes the purchase of a 2011 Ford Crown Victoria Patrol Vehicle with required options and warranties from Warnock Automotive, utilizing the Cranford Co-op contract # 101, at a cost not to exceed $38,000.00.

#10-341

WHEREAS, N.J.S.A. 40a:4-19 Local Budget Act provides that where any contracts, commitments or payments are to be made prior to the final adoption of the budget, temporary appropriations should be made for the purposes and amounts required in the manner and time therein provided, and

WHEREAS, the date of this resolution is prior to the adoption of the CY2011 Budget, and

WHEREAS, the temporary budget set forth below does not exceed twenty six and one quarter percent of the total appropriations in the previous years budget (exclusive of any appropriations made for Debt Service, Capital Improvements Fund and Public Assistance).

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the temporary appropriations of Total General Appropriations in the amount of $6,303,171.00; Total Sewer Utility in the amount of $1,711,000.00 and Total Pool Utility in the amount of  $10,000.00 are hereby authorized and that a certified copy of this resolution be transmitted to the Chief Financial Officer.  A copy of the Budget document is attached.

#10-342

WHEREAS, CY2010 was adopted by the Governing Body of the Borough of South Plainfield on the 16^th day of March, 2010; and

WHEREAS it is desired of the Governing body to amend said adopted capital budget section. 

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, that the amendment(s) to the adopted capital budget section of the 2010 Budget be made as follows

                Project:    Mason Dump Truck                                     $36,000

Capital Improvement Fund:                                        $   4,000

                Debt Authorized:                                                      $40,000

BE IT FURTHER RESOLVED that two (2) certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services.   

#10-343

WHEREAS, the following residents have completed the application process for
membership in the South Plainfield Fire Department and are ready to be enrolled in
fire school starting in January 2011:

Michael Mocharski

118 Leonard Avenue

James Buckelew

119 Lincoln Avenue

WHEREAS, South Plainfield Fire Chief Larry Del Negro has recommended that two
residents be approved as probationary members of the South Plainfield Volunteer Fire Department effective 1/02/11.

NOW THEREFORE, BE IT RESOLVED that Michael Mocharski, and James Buckelew are hereby approved as Probationary members of the South Plainfield Volunteer Fire Department effective 1/02/11.

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#10-344

Accept the resignation of Sal Esposito from the Zoning Board of Adjustment effective

12/31/10.

#10-345

Accept the resignation of Alex Barletta from the Zoning Board of Adjustment effective 12/31/10.

#10-346

Accept the resignation of Robert Jones from the Zoning Board of Adjustment effective 12/31/10.

YES:  Bengivenga, Buteas, McConville, Rusnak, Salerno, Anesh       MOTION CARRIED

Mr. Bengivenga made a motion to accept the Correspondence as follows; seconded by Mr. Anesh.

1. Environmental Dept. Report – November 2010
2. Health Advisory Board – December 14, 2010
3. Traffic Safety Advisory commission Minutes – October 27, 2010
4. Recycling Monthly Report – November 2010
5. Middlesex County Planning Board Minutes – November 9, 2010
6. Robert Jones – Letter of Resignation from Zoning Board of Adjustment, effective December 31, 2010

YES:  Bengivenga, Buteas, McConville, Rusnak, Salerno, Anesh       MOTION CARRIED

Mr. Anesh made a motion to approve the Payment of Bills per the list shown below; seconded by Mr. Bengivenga as follows:

    Current Fund - $247,496.93

            Sewer Utility Operating Fund - $2,000.00

            General Capital - $39,780.18

            Grant Fund - $22,588.78

            Treasurers Trust - $2,462.20

            Dog Trust - $3,968.73

  TOTAL OF ALL FUNDS - $318,296.82

YES:  Bengivenga, Buteas, McConville, Rusnak, Salerno, Anesh     MOTION CARRIED

Borough Engineer Len Miller gave his project summary report which included: the stream cleaning with the County, the New Market Avenue project close-out, the installation of speed humps on Cherry and Walnut Streets, the decorative lights on Lakeview and Plainfield Ave, Middlesex County Road Resurfacing and South Clinton Avenue, and the Energy audit.

Mayor Butrico asked what the plans are to take down the overhead lights.  Mr. Miller
stated that is the next thing they are supposed to do.  

Mr. Bengivenga thanked Mr. Capparelli and the DPW for hosting a Christmas Party at the Italian American Club Friday night and for all of the work that was done this year.  Mr. Bengivenga also attended the tree lighting ceremony at McCriskin Funeral Home Saturday afternoon and felt it was very well attended and thinks that every year they do a great job hosting that event.  Sunday morning Mr. Bengivenga went to the American Legion breakfast and the Santa Claus there had a real beard.  The Senior Center had their holiday luncheon on Sunday afternoon which was very well attended.  Mr. Bengivenga thanked Kevin Hughes and all of the volunteers at the Senior Center.  He also thanked the student council students from Kennedy School and the teacher in charge of them for helping out there as well.  Mr. Bengivenga wished everyone a Merry Christmas and a Happy New Year.  Mr. Bengivenga thanked Mayor Butrico for the pleasure of serving with him for the past 3 to 4 years.

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Ms. Buteas congratulated Natalie Bergen and her award she received.  It was well deserved.  She noted that she is a huge volunteer in the community.  Ms. Buteas announced that there is going to be a Rabies Clinic on January 22, 2010 at DPW which is being run by our Health Department.  The Borough hosted a Breakfast with Santa on Saturday.  It was a huge success Mayor Butrico helped out, Joe Scrudato also helped out who is in the audience.  We raised $750 to go to South Plainfield Social Services.  Ms. Buteas thanked all those who donated to help make the event a success.   (a discussion between Council members about advertising signs being displayed went on for a few minutes).  Ms. Buteas congratulated the Mayor on his 9 years of service and it has been a pleasure serving with you and wished him the best in the future.

Mr. McConville acknowledged Robert Capparelli who is in the audience and said that everyone up here is very happy with all of the work he has done and thanked him and his team and feels that they are a great asset to South Plainfield. 

Mr. Rusnak wished everyone a very Merry Christmas, Happy Holidays, safe Happy and Healthy New Year, very prosperous.  It has been 3 years that he has been sitting up here with Mayor Butrico and congratulated for all of your service over the years.

Mr. Anesh congratulated Mayor Butrico for all his effort he has put in.  Mr. Anesh
announced that the Re-Org is set for January 2, 2011 at 1pm at the Senior Center. 
Mr. Anesh announced that the truck bypass meeting will be December 21, 2010 at the Senior Center.  Employee party at the Senior Center on Friday was nice event.  He acknowledged Joe Scrudato who was in the audience for helping out with Project Santa
and how great it is to see the kids and play elf.  He reminded the public to wear their seatbelts because the “Ticket and Click-it” is going on. 

Mayor Butrico said he had the opportunity to attend the South Plainfield Business Association kick off meeting and congratulated all of the new officers and thanked Nancy Grennier for inviting him to breakfast.  Mayor Butrico feels that the Breakfast with Santa was a lot of fun and is something that will become a tradition especially now that people know about it.  Next year the only suggestion would be to do it a little earlier so people could make use of their photos in their Christmas cards.  Mayor Butrico mentioned the library presentation last week and that the library president is willing to start the negotiation process and suggested that we sit down and figure out what is what so the future council can make a decision on the direction of that project. 

Mayor Butrico opened the meeting to the public for their comments.

Joe Scrudato wished everyone a Merry Christmas.  He commented on volunteering on Project Santa and feels he gets a lot of joy out of doing it.  Mr. Scrudato asked
Councilman Bengivenga to clarify the current status of the By-Laws changes he presented for ratification.  Mr. Bengivenga responded. Mr. Anesh added that the one issue that needs to be addressed is clear language regarding appointments made in the weeks following the Elections,   Mr. Scrudato then asked about the status of the traffic light at New Market and So. Clinton in front of AKA.  Mayor Butrico agrees we need to come up with a course of action.  Mr. Scrudato asked Mr. Rusnak how much money was set aside for tax appeals. 
Mr. Rusnak responded approximately $850,000. 

Frank Mikorski referred to the tax appeals again.  He previously mentioned a list that he had from 2005 to 2006 that was prepared by the tax assessor at the time which lists all of the tax appeals that were pending for that year and feels that the list is something that should be done.  He commented on the committee the Mayor developed for Hollywood Avenue approach and feels it was a move in the right direction.  He also thanked the Mayor for the Library Committee

Ray Petronko commented on how thorough and prepared the Mayor always was before a meeting and how much he has accomplished and hopes that he stays involved with the community.  Mr. Petronko thanked Mayor Butrico for the time he served the Borough.  Matt Anesh well next year.

Paul McCullen thanked the Council for the installation of the speed humps and feels they are a positive thing.   Mr. McCullen also thanked the Council for their service.  Mr. McCullen expressed his concern about the capabilities or experience of the Republican Party to fill a vacant seat on the Council that was listed publicly to the public.   He questions the character, ability to cooperate across the isle and character.  Mr. Bengivenga informed Mr. McCullen of the election

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process of filling a vacant seat on the Council.  Mr. McCullen stated he knows the election process but does not agree with the three names selected.    

Robert Bengivenga, Sr. wished everyone a Merry Christmas and Happy New Year.

Mayor Butrico extended his wishes for a Merry Christmas to everyone and a prosperous
New Year. 

Mr. Bengivenga made a motion to adjourn, seconded by Mr. Anesh.

Respectfully Submitted,

Carmela Sutor

on behalf of the Municipal Clerk