Minutes from the February 1, 2010 Public Meeting                           3040

of the South Plainfield Mayor and Council

The meeting was called to order at 7:40pm 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: Anesh, Bengivenga, Buteas, McConville, Rusnak, and Salerno.

Mayor Butrico administered the Oath of Office to the Officers of the South Plainfield Rescue Squad.

Mayor Butrico next read a proclamation for the Boy Scouts of America 100^th Anniversary Recognition Day and stated that he would present it on Feb. 8^th at the special 100^th Anniversary gathering in Spring Lake Park.

Mr. Anesh made a motion to accept the minutes of January 19^th, Agenda, Public and Executive meetings; seconded by Ms. Buteas.

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

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

Frank Mikorski commented on Senator Lesniak’s newly introduced Senate Bill S-1 which calls for the abolishment of COAH in its current form.  Next he asked about Resolution # 10-037 and where the $140,000 in canceled unexpended balances would go.  Mr. Cullen confirmed that it would go into surplus.  Mr. Mikorski then asked about Councilman Rusnak’s letter under Correspondence.  Mr. Rusnak read his letter aloud.  He asked if the Council had the Taxpayers Board’s list.  Finally, he asked what equipment DPW requested.

Mayor Butrico closed the public portion and called for Ordinance # 1873

Clerk Graf read Ordinance # 1873 by title only for public hearing and final adoption as follows:

#1873 entitled:  An ordinance adopting a codification and revision of the ordinances of the

Borough of South Plainfield, County of Middlesex, State of New Jersey;

providing for the maintenance of said code; repealing and saving from

repeal certain ordinances not included herein; establishing a penalty for

altering or tampering with the code; and making certain changes in

previously adopted ordinances.

Mr.McConville made a motion to approve Ordinance # 1873, seconded by Mr. Anesh.  Mayor Butrico opened the public hearing on # 1873. The ordinance was approved as follows:

BE IT ORDAINED AND ENACTED by the Mayor And Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey as follows:

§ 1-1. Adoption of the Code

Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of South Plainfield or a general and permanent nature adopted by the Mayor and Council of the Borough of South Plainfield, as revised, codified and consolidated into chapters and sections by General Code, and consisting of Chapters 1 through 462, together with an Appendix, are hereby approved, adopted, ordained and enacted as the “Code of the Borough of South Plainfield”, hereinafter known and referred to as the “Code”.

§ 1-2. Code supersedes prior ordinances

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This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in force.

§ 1-3. When effective

This ordinance shall take effect immediately upon passage and publication according to law.

§ 1-4. COPY OF Code on file

A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be adopted, such copy shall be certified to by the Clerk of the Borough of South Plainfield by impressing thereon the Seal of the Borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk of the Borough, to be made available to persons desiring to examine the same during all times while said Code is in effect.

§ 1-5. Amendments to Code

Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Borough of South Plainfield" shall be understood and intended to include such additions and amendments.  Whenever such additions, amendments or supplements to the Code shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto.

§ 1-6. Publication; filing

The Clerk of the Borough of South Plainfield, pursuant to law, shall cause this Adopting Ordinance to be published, in the manner required, in a newspaper of general circulation in the Borough.  Sufficient copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during regular office hours.  The enactment and publication of this Adopting Ordinance, coupled with availability of copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.

§ 1-7. Code book to be kept up-to-date

It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the certified copy of the book containing the Code required to be filed in his or her office for the use of the public.  All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to said Code book, at which time such supplements shall be inserted therein.

§ 1-8. Sale of Code book

Copies of the Code, or any chapter or portion of it, may be purchased from the Clerk, or an authorized agent of the Clerk, upon the payment of a fee authorized by the Borough.  The Clerk shall also arrange for procedures for the periodic supplementation of the Code.

§ 1-9. Altering or tampering with Code; penalties for violation

It shall be unlawful for anyone to improperly change or amend, by additions or deletion, any part or portion of the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the Borough of South Plainfield to be misrepresented thereby.  Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to one or more of the following: a fine of not more than $1,250, imprisonment for not more

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than 90 days or a period of community service not exceeding 90 days, in the discretion of the Judge imposing the sane,

§ 1-10. Severability of Code provisions

Each section of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-11. Severability of ordinance provisions

Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.

§ 1-12. Repealer

All ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Borough of South Plainfield which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.

§ 1-13. Ordinances saved from repeal

The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:

            A.  An ordinance adopted subsequent to 9-10-2009.

            B.  Any right or liability established, accrued or incurred under any legislative                  provision prior to the effective date of this ordinance or any action or                  proceeding brought for the enforcement of such right or liability.

    C.  Any offense or act committed or done before the effective date of this                  ordinance in violation of any legislative provision or any penalty,
                 punishment or forfeiture which may result therefrom.

            D.  Any prosecution, indictment, action, suit of other proceeding pending or any                  judgment rendered, prior to the effective date of this ordinance, brought                  pursuant to any legislative provision.

            E.  Any franchise, license, right, easement or privilege heretofore granted or                  conferred.

            F.  Any ordinance providing for the laying out, opening, altering, widening,                  relocating, straightening, establishing of grade, changing of name,                    improvement, acceptance or  vacation of any right-of-way, easement,
                street, road, highway, park or other public place or any portion thereof.

            G.  Any ordinance or resolution appropriating money or transferring funds,                   promising or guaranteeing the payment of money or authorizing the issuance                   and delivery of any bond or other instruments or evidence of the Borough's                   indebtedness.

            H.  Ordinances authorizing the purchase, sale, lease or transfer of property or any                   lawful contract, agreement or obligation.

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            I.  The levy or imposition of taxes, assessments or charges or the approval of the                  municipal budget.

            K.  All currently effective ordinances pertaining to the rate and manner of payment                 of salaries and compensation of officers and employees or pertaining to                 vacations, sick leave, leaves of absence or retirement of employees.

            L.  Any ordinance adopting or amending the Zone Map.

            M.  Any ordinance relating to or establishing a pension plan or pension fund for                  municipal employees.

            N.  Any ordinance creating civil service positions or other positions of employment                  in the Borough.

            O.  Any ordinance regulating traffic or parking.

            P.  Any ordinance concerning development regulations.

            Q.  The Zoning Ordinance, Ord. No. 1278, and any amendments thereto.

            R.  All currently effective ordinances concerning construction regulations and                   codes.

§ 1-14. Changes in previously adopted ordinances

            A.  In compiling and preparing the ordinances for adoption and revision as part of                the Code pursuant to N.J.S.A. 40:49-4, certain grammatical changes and other                minor changes were made in one or more of said ordinances.  It is the intention                of the Mayor and Council that all such changes be adopted as part of the Code                as if the ordinances so changed had been previously formally amended to read                as such.

          B.   In addition, the changes, amendments or revisions as set forth in Schedule A                 attached hereto and made a part hereof are made herewith, to become
                effective upon the effective date of this ordinance. 
                (Chapter and section number references are to the ordinances as they
                have been renumbered and appear in the Code.)

            C.  Nomenclature.  The following outdated terms are updated throughout the
                 Code:

                  (1) "State Department of Health" is changed to the "State Department of                         Health and Senior Services."

                  (2) "Department of Environmental Protection and Energy" is changed to                         "Department of Environmental Protection."   

                  (3) "Recreation Department" is changed to "Recreation Commission."          

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

Clerk Graf read Ordinance # 1874 by title only for public hearing and final adoption as follows:

#1874 entitled: An ordinance amending Chapter 136 of the Code of the Borough of South

Plainfield entitled: "Alcoholic Beverages", specifically, Article 136-2:  “Fees”,

for the Borough of South Plainfield, County of Middlesex, State of New Jersey

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Mr.McConville made a motion to approve Ordinance # 1874, seconded by Mr. Salerno.  Mayor Butrico opened the public hearing on # 1874. No comments were offered. The ordinance was approved as follows:

BE IT ORDAINED by the Governing Body of the Borough of South Plainfield, that:

the Code of the Borough of South Plainfield, specifically Chapter 136 entitled: "Alcoholic Beverages" be amended as follows: Article 136-2. License Fees

                License fees shall be amended as follows:

                Plenary Retail Distribution License:   $2,275.00

All other provisions of this chapter shall remain in effect.

This ordinance shall take effect upon final adoption and publication according to law.

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

On the motion of Mr. Salerno and seconded by Mr. Bengivenga, it was moved to adopt the following Resolutions which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-018

WHEREAS, the resolution designating the 2010 Borough Holidays (#12-4) inadvertently omitted New Year’s Day from the list due to the fact that New Year’s Day, 2001 falls on a Saturday; and

WHEREAS, it is the Borough’s policy that when a holiday falls on a Saturday, employees receive the Friday prior as the official holiday.

NOW, THEREFORE, Resolution #12-4 is hereby amended to reflect the inclusion of December 31, 2010 as a Borough holiday, said holiday to be considered a holiday for the calendar year 2011 being celebrated in the calendar year 2010 for the aforesaid reason.

#10-033

WHEREAS, Chapter 70, Article III of the Code of the Borough of South Plainfield permits machines or devices, which may be operated by the public for entertainment or amusement, in established places of business situated in the Borough of South Plainfield providing said places of business first obtain a license to be issued by the Mayor and Council in accordance with Chapter 70 of the Borough Code, and

WHEREAS, the following establishments or owners of devices placed in same have requested renewal for the year 2010 and have met all conditions required and paid all required fees for renewal:

NAME AND ADDRESS                                                        NUMBER OF MACHINES

 Red Robin America’s Gourmet Burgers

 6200 Hadley Road                                                                                         3

VFW POST 

155 Front Street                                                                                             1

NOW, THEREFORE, the licenses list above are hereby renewed for 2010.

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#10-034

WHEREAS, the following taxpayers have filed an appeal with the Middlesex Tax Court and have received a judgment reducing their assessments:

OWNER/ADDRESS                                     BLOCK          LOT    YEAR              AMOUNT

David Riccadonna                                     327              10.01  2009                $938.37

810 Hamilton Boulevard                                          

South Plainfield, NJ 07080

Total                                                                                                                              $938.37 *

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 appeal be refunded and the Chief Financial Officer is hereby authorized to issue a check in the amount of $938.37

#10-035

WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have overpaid their taxes and have requested refunds:

Block 148; Lot 28                                                                                          

Guy Carrier

1535 Dumont Avenue

South Plainfield, NJ  07080

$1,249.63

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.

#10-036

WHEREAS, pursuant to N.J.S.A. 40A:4-59 of the Local Budget Act provides that during the first three (3) months of a succeeding year, by a resolution adopted by a two-thirds (2/3) vote of the full membership, appropriation reserves can be transferred from one line item to another within that budget through this process.

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the temporary appropriations are hereby amended to add the following amounts and that a certified copy of this resolution be transmitted to the Chief Financial Officer.

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#10-037

WHEREAS, the certain TY2009 Current Fund appropriation balances remain unexpended; and

WHEREAS, pursuant to N.J.S.A. 40A:4-59 of the Local Budget Act, it is necessary to formally cancel said balances so that the unexpended balance may be credited to surplus; and

WHEREAS, the Chief Financial Officer has deemed it appropriate to cancel the unexpended balance as indicated herein;

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South Plainfield that the following unexpended balances are hereby cancelled:

#10-038

WHEREAS, pursuant to Article V, Section 6 of the By Laws of the Borough of South Plainfield,  Special committees may be appointed by the President of the Council, for purposes other than those included in the duties of the standing committee; and

WHEREAS, it is the desire of the Council President and Council members to establish a special Council Committee to oversee COAH related matters; and

WHEREAS, the objective of the committee shall be to work with the Borough Planner to revise existing housing plan or develop new one as well as to represent and advise the Governing Body on changes to COAH regulations;

NOW, THEREFORE, BE IT RESOLVED by the South Plainfield Borough Council that a special Council Committee on Affordable Housing is hereby established.

BE IT FUTHER RESOLVED that Council members Bengivenga, McConville and Salerno shall serve on the committee.

#10-039

Marie Smith is hereby promoted to the Title of Principal Payroll Clerk / Principal Personnel Clerk, Civil Service Title Code # 04939, effective immediately at the current salary authorized in the Salary Ordinance & AFSME contract.

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

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Mr. Anesh made a motion to accept the Correspondence as listed below; seconded by Mr. Bengivenga:

1.  Councilman Rusnak-    request for Council input on 2010 Budget

2.  Fibertech Networks – seeking consent for a Public Right of Way

3.  G. Toth – Letter of Intent to retire

4.  R. Capparelli – Equipment request – front end loader

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

Mr. Anesh made a motion to approve the Bills list as summarized below, seconded by Mr. Salerno.

PAYMENT OF BILLS

        Current Fund - $68,442.83

Sewer Utility Operating Fund  -  $1,126,896.66

Current Fund  (9-01)  - $118,405.79

Sewer Utility Operating Fund  (9-07) - $5,748.46

        Pool Utility Operating Fund – (9-26) - $2,500.00

        General Capital - $21,673.00

        Grant Fund - $22,041.66

       Treasurers Trust - $4,717.50

        Recreation Trust - $5,489.86

       TOTAL OF ALL FUNDS - $1,376,003.70

Mr. Bengivenga commented on the format change of the Bills List.  Mayor Butrico requested that for future meetings, the financial report be set on an Excel Spreadsheet and emailed to everyone for their review.

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

Ms. Graf asked the governing body for their consideration on a street vacation in and around Pitt Street Park which was presented by Borough Assessor Toth.  The Council agreed with the recommendation and directed to have it added to the next agenda meeting.  She also reported that the Council meeting meetings are now being published on the Borough Website.

Mayor Butrico asked the Council for agreement to place Fibertech Networks’s request

(see Correspondence # 2) for a Right-of-Way on the next meeting also.  The Council agreed.

Borough Engineer Len Miller reported that the Recycling bids had been advertised and the bid opening would be February 11^th at 10am.  He also reported that the Middlesex County Mosquito Control commission has agreed to clean the brook near Walnut Street.  It will require the Borough to get the necessary permit from DEP.

Ms. Buteas asked Mr. Miller to submit written project status updates on all borough projects he is working on for each Council meeting.

Mr. Cullen updated the Council on the status of the Energy Audit explaining that the assigned Field Rep had resigned and so a new Rep was appointed and is getting up to speed.  He will expedite the process as quickly as possible.  A suggestion to address a few immediate remedies i.e. the gap in the front doors were discussed.

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Mr. Cullen also advised that Council that he was seeking an appraisal on the Plainfield Avenue property that was to have been used for the library.

Mr. Bengivenga reported progress.

Ms Buteas reported on last weekend’s free Rabies Clinic conducted by the Health Dept and what a tremendous success it was.  Nearly all of the 500 rabies shots were distributed.  She reported on the Clean Communities project would take place in April and more information would be forthcoming.  Ms. Buteas also commented on the VFW Pasta dinner she attended and encouraged residents to support the effort and enjoy the pasta.

Mr. McConville commented on the DPW request for a new front end loader and encouraged the Council to approve it. Mr. Anesh asked if alternative had been explored such as renting rather than purchasing.

Mr. Rusnak clarified the facts dealing with the DARE building and a meeting among various borough officials and Board of Ed officials.  He reported that things would remain as they are for now.  Other items developed from the meeting which will be announced in the future.

He also commented on the large resident turnout at the Rabies Clinic.

Mr. Salerno reported progress.

Mr. Anesh announced that Mr. Bengivenga, Mr. Anesh, Mr. Rusnak would serve on the COAH Committee.  It was observed that the wrong names were listed on the Resolution.`

Mr. Bengivenga made a motion to amend Resolution #10-038 in order to correct the members listed on the original resolution to show Mr. Bengivenga, Mr. Anesh, and Mr. Rusnak; seconded by Mr. McConville and approved unanimously.

Mr. Anesh continued his report by discussing the Fire Dept.’s emergency rescue exercise held this past weekend and what an important effort it is and how successful the event was.   Next he reported that Traffic Safety Advisory had met this past Wednesday and reviewed a draft of the Speed Hump Request Evaluation Procedures and will make recommendations to help develop the final evaluation form.   He also responded to Mr. Salerno’s request to look at the speed limit on So. Clinton Ave and reported that Traffic Safety will look at this at their next meeting.  Also, the problem on Putnam Ave with traffic cutting through was mentioned and would be addressed.

Mayor Butrico acknowledged the EMS members who were sworn in tonight and in addition, the Fire Dept officials who were sworn in at their dinner a couple of weeks ago and thanked them for their volunteerism and personal dedication.  Next the Mayor commented on the opening of the new farmers market on Front street and encouraged residents to stop in and see all they have to offer.  In regard to Mr. Rusnak’s budget letter, the Mayor observed that in meeting with Mr. Capparelli recently, it appears that the agreement with the retiring Superintendent should be revisited based on whether the need is as great as anticipated.  Finally, Mayor Butrico spoke about the proposed move of the Library to Montrose Ave and cited statistics supporting the position that libraries need a central and accessible location.

Ms. Buteas added her support of a centralized location and the need to seek out a better solution to the Montrose Ave move.

Mr. McConville asked why the Library stopped major fund raising. 

Mr. Bengivenga suggested that another option might be the old Roosevelt School.

Mayor Butrico suggested that more options be explored before a final decision is made.

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

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Bob Jones spoke about Senator Lesniak’s proposed bill S-1 and how it will benefit South Plainfield.   He cited aspects of the bill and pointed to the elimination of the growth share formula and the reinstatement of RCAs.  He suggested that the new Council COAH Committee should review the bill and endorse it if its appropriate.

Les Bergen commented on a life saving float he had seen on tv and suggested that our fire dept consider acquiring one.  He asked about moving the rescue practice was moved to Watchung.  Mayor Butrico explained the reason for it.  Finally, Mr. Bergen spoke about the speed limit on So. Clinton Ave.

Frank Mikorski spoke about a previous conversation he had with the Mayor about the cost of New Market Ave.  He stated that he had viewed the DVD that the Mayor provided to him and thanked him for providing the facts and took the time to do it.  He also said that the Library Board deserves credit for trying to find a solution.

Mike English also spoke about the proposed Library re-location and discouraged officials from making the move to Montrose Avenue due to it’s location.  He stated that the move would not serve the greatest number of children.

Regarding the problem of getting service from Comcast for the Highland Nature Facility,

Ms. Graf explained Comcast’s position on free service.  Mr. English then asked the Council to cover the cost of cable hookups at the facility.

Mr. English was asked to give an update on the Truck Bypass Committee, as its Chairman.

Mr. English reported that he would be going to Trenton on Feb 2^nd to testify before the Assembly.   He said that the committee has 2 items they need to address at this point.  First to determine the ownership of all the land involved in the proposed roadway and second, funding to move the project forward.

Debbie Boyle asked if there was any progress in broadcasting the Council meetings on the website.  Mayor Butrico stated he would follow up with Verizon.  Mrs. Boyle thanked Mr. Cullen and Mr. Hughes for submitting PAL specs for the cleaning service bid. 

Debbie Bergen asked for a clarification on the function of the Affordable Housing Council Committee.   Mr. Anesh gave a brief summary of the committee’s goal.  He is looking for more Council involvement in the process.

Ms. Buteas added her comments and observations on the Lesniak bill.  She stressed that regardless of the method or formula, constitutionally, affordable housing is going to be required.  We must wait to see as the details become available.

Mrs. Bergen also asked if anyone found out who placed the counters on the overpass.  No one knew the answer.

Frank Mikorski asked if there was any news about the Celebrations development.  Mayor Butrico gave an update and the next Planning Board meeting is in March.

Mr. Anesh made a motion to adjourn; seconded by Mr. Salerno.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk