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Minutes from the December 6, 2010 Public Meeting                         

of the South Plainfield Mayor and Council

The meeting was called to order at 8:00pm 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. 

Clerk Graf called the roll.  Present were Council Members: Bengivenga, Buteas, McConville, Rusnak, and Anesh.  Mr. Salerno was excused due to illness.

Mr. Bengivenga made a motion to accept the minutes of November 22, 2010, Agenda, Public and Executive, seconded by Mr. Rusnak.

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

The Mayor opened the meeting to the Public for comments on Agenda items only.

Frank Mikorski complimented the Mayor and the Library Committee on their efforts and
also to the Mayor on his donations.  Next Mr. Mikorski noted that years ago, the Assessor would prepare a list of all tax appeals filed enabling the governing body to keep track on the situation.

He also cautioned the Council on the impact of spot zoning.

Mayor Butrico closed the public portion and called for the introduction of Ordinance #1909

Clerk Graf read Ordinance # 1909 by title only for Introduction:

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

South Plainfield entitled “Sewers”

Mr. Bengivenga made a motion to approved Ordinance # 1909 on introduction, seconded

by Mr. Rusnak.

YES: Bengivenga, McConville, Rusnak, Anesh     

NO:  Buteas                                                                                        MOTION CARRIED

Clerk Graf read Ordinance # 1910 by title only for Introduction:

#1910 entitled:  An Ordinance Amending Chapter 187, of the Code of the Borough of

South Plainfield entitled “Vehicles And Traffic”.

Mr. Anesh made a motion to approved Ordinance # 1910 on introduction, seconded by

Mr. Bengivenga.

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

Before moving on to Ordinance # 1911, Mayor Butrico took the opportunity to comment on the continuing problem of vehicles making left hand turns from McKinley to Durham and cautioned that further action needs to be taken to correct the problem there and also now with Ord. 1910..

Clerk Graf read Ordinance # 1911 by title only for Introduction:

#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.

Mr. Bengivenga made a motion to approved Ordinance # 1911 on introduction, seconded

Mr. Anesh.

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

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Clerk Graf read Ordinance # 1912 by title only for Introduction:

#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 therefor

and authorizing the issuance of $590,000 bonds or notes of the Borough for financing the

cost thereof.

Mr. Bengivenga made a motion to approved Ordinance # 1912 on introduction, seconded

by Mr. Anesh.

YES: Bengivenga, McConville, Rusnak, Anesh     

NO:  Buteas                                                                                        MOTION CARRIED

Mr. Bengivenga made a motion to approve Resolutions 10-313 through 10-322, seconded by Mr. McConville, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-313

WHEREAS,   Approved Fire Protection  has applied for a release of a performance bond posted for public improvements to Block 445, Lot 5, 4215 South Clinton Ave; and

WHEREAS the Borough Engineer has certified all required public improvements to the property have been installed; and

WHEREAS the requirements and conditions of Borough Ordinance # 762 have been complied with as to filing and serving of notice; and

WHEREAS the Borough Engineer has recommended that the performance bond in the form of a Check in the amount of $12,391.20  be released upon the posting of a two year maintenance bond in the amount of $1554.30 and the payment of any outstanding engineering escrow fees; and

WHEREAS the Governing Body held a public hearing on Monday, December 6, 2010 and there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be released upon the posting of a two year maintenance bond.

#10-314

the letter of retirement from Janice Muccilli is hereby accepted, effective December 10, 2010 with a retirement date of December 31, 2010

#10-315

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

have overpaid their taxes and have requested refunds:

Block 160; Lot 10                                          

Anthony P. Russo

17 George Street

South Plainfield, NJ 07080

$1,547.96

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.

#10-316

Carmella Sutor is hereby hired as a full time clerk typist for the Department of Public
Works at an annual salary of $29,575 based on a rate of $16.25 per hour, with
benefits, effective December 13, 2010.

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#10-317

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

overpaid their taxes and have requested refunds:

Block 244; Lot 17                                          

Prakash & Usha Soni

401 Oak Tree Avenue

South Plainfield, NJ 07080

$1,732.11

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.

#10-318

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.

#10-319

the retirement of Richard Rogers from the South Plainfield Police Dept., upon completion of 25 years of service to the Borough of South Plainfield is hereby accepted, effective May 12, 2011.

#10-320

WHEREAS, each year Mayor Butrico performs dozens of weddings in his capacity as Mayor which generates a fee for the service; and

WHEREAS, it is a tradition for Mayor Butrico to donate all the proceeds from the wedding fees to local charitable organizations and causes;

NOW, THEREFORE, BE IT RESOLVED, that Mayor Butrico hereby directs the distribution of $6,100.00 in wedding fees as follows:

             $2,050 to the Domestic Violence

              $4,050 for Mayor Butrico to sponsor 25 families (55 children)

             for this Christmas Season by purchasing gifts

#10-321

WHEREAS, the taxpayer, BIT Holdings Fifty Three Inc., Park & Oak Tree (ATaxpayer@)
has appealed the real estate tax assessment on its shopping center property located at Park and Oak Tree Roads, also known as Block 222, Lot 1, for the tax years 2008, 2009
and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 005975-2008, 006367-2009, 002230-2010; and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to accept a reduction of the 2008 assessment from $16,040,000 for that year (which equates to an equalized value of $43,234,500 X average ratio of 37.10%) to a reduced total tax assessment of $12,985,000 (which equates to an equalized value of $35,000,000 X
average ratio of 37.10%), and by accepting reductions of the total tax assessments in
2009 to a total tax assessment of $12,578,800 in 2009 (which equates to an equalized value of $34,700,100 x average ratio of 36.25%); and to a total tax assessment of $11,052,800 in 2010 (which equates to an equalized value of $32,000,000 x average
ratio of 34.54%); and

WHEREAS, the Borough appraiser, Russell Sterling, MAI, recommended the settlement be approved because his preliminary opinions of the market value of the property were less than

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the equalized agreed to settlements, and his opinion that the Borough was not able to defend the existing assessments, the opinions of the Borough appraiser were incorporated in to a memorandum a copy of which has been reviewed by the Mayor and Council, and therefore, this proposed settlement is reasonable and reflects the correct market values for the property which was over assessed for all three years under appeal; 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, the taxpayer agreed to waive interest on any refunds, if paid to the taxpayer, BIT Holdings Fifty Three Inc., Park & Oak Tree, through its attorney, Brian
Fowler, Esq. of Garippa, Lotz & Giannuario within 60 days of issuance of final judgments
by the Tax Court; however, if such refunds are paid thereafter, post-judgment interest
will be included with said refunds; and

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

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

WHEREAS, the Borough Council leaves the allocation between land and improvements of the aforesaid tax assessment reductions 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 $3,055,000 total tax assessment reduction for the 2008 tax year, a $3,461,200 total tax reduction for the 2009 tax year, and a $4,987,200 total tax reduction for the 2010 tax year for Block 528, Lot 46.27, which are most beneficial to the Borough and advise the Borough Attorney of that allocation.

2.       The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of BIT Holdings Fifty-

Three Inc., Park & Oak Tree vs. Borough of South Plainfield, Docket Nos. 005975-2008, 006367-2009, 002230-2010; which reduce the 2008, 2009 and 2010 total tax assessments on block 528, Lot 46.27 from $16,040,000 to a reduced total tax assessment of $12,985,000 in 2008, a reduced total tax assessment of $12,578,800 in 2009, and a reduced total tax assessment of $11,052,800 in 2010; 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 agrees to waive interest on any refunds, if paid to the taxpayer, BIT Holdings Fifty Three Inc., Park & Oak Tree, through its attorney, Brian Fowler, Esq. of Garippa, Lotz & Giannuario within 60 days of issuance of final judgments by the Tax Court; however, if such refunds are paid thereafter, post-judgment interest will be included with said refunds.

3.   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.

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#10-322

WHEREAS, the Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) desires to make application to the Local Finance Board for its review and approval of a proposed refunding bond ordinance authorizing the issuance of tax appeal refunding bonds or notes to finance amounts owed to others for the payment of taxes in accordance with N.J.S.A. 40A:2-51;

WHEREAS, Borough believes that:

(a)         it is in the public interest to accomplish such purpose;

(b)         said purpose or improvements are for the health, welfare, convenience or               betterment of the inhabitants of the local unit or units;

(c)         the amounts to be expended for said purpose or improvements are not               unreasonable or exorbitant;

(d)       the proposal is an efficient and feasible means of providing services for
           the needs of the inhabitants of the local unit or units and will not create
           an undue financial burden to be placed upon the local unit or units;

NOW THEREFORE, BE IT RESOLVED BY THE SOUTH PLAINFIELD BOROUGH COUNCIL AS FOLLOWS:

Section 1.  The application to the Local Finance Board is hereby approved, and the Borough’s Bond Counsel, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.

Section 2.  The Clerk of the Borough is hereby directed to prepare and file a copy of the proposed ordinance with the Local Finance Board as part of such application.

Section 3.  The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute.

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

Mr. Rusnak made a motion to accept the Correspondence as follows; seconded by Mr. McConville:

1.       Code Enforcement Monthly Report – November 2010

2.       Business Advisory Group Minutes – November 2010

3.       County Div. of Solid Waste Management – Sims Recycling Solution, Edison, NJ application notification and invitation to serve on site inspection subcommittee

4.       Environmental Commission Minutes – October 13, 2010

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

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

            Current Fund - $356,599.34

    Sewer Utility Operating Fund -  $1,127,029.48

            Pool Utility Operating Fund – $6,741.35

            Current Fund 9-01 -  $20,400.00

            Sewer Utility Operating Fund  9-07 - $20,000.00

            Pool Utility Operating Fund   9-26 - $2,800.00

            General Capital - $30,134.36

            Grant Fund - $12,750.00

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            Treasurers Trust - $12,929.35

            Dog Trust -  $1,314.71

            Recreation Trust - $1,300.00

       TOTAL OF ALL FUNDS - $1,591,998.59

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

Borough Engineer Len Miller reported that the installation of the Decorative Street
Lighting began today.  He also reported that the stream cleaning project is going very
well.

Mr. Cullen reported that due to the Borough’s results with the Best Practices survey,
we will receive 100% of our aid in 2011.  Regarding the problem with the wreathes on the street lights, Mr. Cullen is trying to get PSE&G to correct the situation.  He also reported that contract negotiations are progressing.  He commended DPW for their work in accomplishing a difficult tree removal.  Mr. Cullen announced that the 2011 budget info
has been distributed.  He met with Bob Longo regarding the Senior Citizen auditorium insulation project and the doors at borough hall. He also recognized Brandon Downes
on his recent achievements.

Mr. Bengivenga commented on the Cappy Awards Dinner and congratulated the recipients, Bill Cochrane and Nicholas Plate.  He noted that this was the largest turn out since the Cappy Awards was established.  He also reported on the success of the UNICO pig roast and announced the annual Christmas party with the Keystone residents.  He also reported that the final report on the Suburban Bus Co. remediation investigation is expected in January.

Ms. Buteas thanked Officer Magnani for his assistance in helping a resident with a problem.

She congratulated Paulo’s for receiving the Glitter Award and said it was well deserved.
She welcomed Carmela Sutor to the Borough staff as Clerk typist at DPW. Ms. Buteas announced that in these difficult economic times, there are a higher number of families
that would benefit from our residents generosity during the holidays.  Anyone who wishes to help may contact Marge Ackerman.  Ms Buteas also announced that the Borough would be sponsoring Breakfast with Santa on December 18th.

Mr. McConville and Mr. Rusnak both welcomed Carmela Sutor to the DPW staff.

Mr. Anesh reminded the public about the annual Tree Lighting ceremony at McCriskin Gustafson funeral home on Dec. 18^th and he to welcomed Carmela Sutor to DPW.

Mayor Butrico thanked retiring DPW Clerk Janice Mucilli for her many years of service to
the borough.  He welcomed Carmela Sutor also.  The Mayor attended the Ribbon cutting at the new Investors Savings on Plainfield Ave.  He also remarked on how happy he is to be able to give gifts to so many children and urged residents to join in and adopt a family for the holidays.

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

Debbie Boyle announced that the Business Association would be holding a blood drive to benefit the resident injured in the recent truck accident on Dec. 11^th at the Senior Center beginning at 9am.  She also announced that the Education Assoc. adopted 5 families for the holidays.

Business Association President Nancy Grennier announced that they made donations to Marge Ackerman and Shirley Thompson to help with the holiday giving. Also, the annual Christmas breakfast will be Dec. 16^th.

Frank Mikorski congratulated Nancy Grennier for being elected President of the South Plainfield Business Association.  He also announced that the Education Foundation
Telethon is beginning this week and he hoped everyone would be generous.  He also commented on how helpful Carmela was when he spoke to her about the removal of a reindeer carcass.   Mr. Mikorski also

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asked how it is that the former owners of the Suburban Bus Co. were not held responsible for the remediation.

With no further business, the governing body moved into Executive session.  Upon their return Mr. Bengivenga made a motion to adjourn, seconded by Mr. Rusnak.

Respectfully Submitted,

Joann L. Graf, RMC

Municipal Clerk