Minutes from the February 16, 2010 Public Meeting                                    

of the South Plainfield Mayor and Council

The meeting was called to order at 7:20pm 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.

Mr. Bengivenga made a motion to accept the minutes of February 1,2010 Agenda, Public and Executive meetings; seconded by Mr. Anesh.

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 asked for an explanation of Resolution # 10-045, the Temporary Budget Amendment.  He also asked for clarification on Correspondence # 7 and 11.

Mayor Butrico closed the public portion and called for a motion on the Resolutions. Ms Buteas asked to separate Resolutions 10-042, 48, 49 and 50 from the consent items.

Mr. Bengivenga made a motion to approve Resolutions 10-040, 041 and 043 through 047;seconded by Mr. Anesh.

#10-040

WHEREAS, Michael Grasso has applied for the release of a performance bond on Block 342, Lot 13, located at 212 Arlington Avenue; and

WHEREAS, the Borough Engineer has certified that 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 the filing and serving of notices; and

WHEREAS, the Borough Engineer has recommended that the performance bond in the amount of $14,262.00 be returned and that a Maintenance Bond in the amount of $1,782.00 be posted for a two year period.

WHEREAS, the Governing body held a public hearing on February 16, 2010 and there were no objections filed against the release of said bond;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the above stated Performance Bond be released upon the posting of the required Maintenance Bond.

#10-041

WHEREAS, a vacancy exists for a part time position under the Clean Communities Program; and

WHEREAS, it is the recommendation of Environmental Department Head Alice Tempel to hire John Chillemi for the position at a rate of $11.00 per hour, benefits excluded;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the Borough of South Plainfield authorizes the hiring of John Chillemi, of 139 Hamilton Boulevard to assist the Environmental Dept. with the Clean Communities illegal sign removal program, effective immediately at an hourly rate of $11.00, benefits excluded.   Funding for this position to come from the Clean Communities Grant (G-02-41-709-001-301)     

#10-043

WHEREAS, Michael Zushma has tendered written notice of his intention to retire from his position as Code Enforcement Officer, effective May 1, 2010; and

WHEREAS, Mr. Zushma also serves the Borough in the capacity of the Emergency Management Coordinator and will remain in that position on a part-time basis effective 6/1/10 through 5/31/11 at a salary not to exceed $15,000 per year;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the Borough of South Plainfield accepts Mr. Zushma’s letter of retirement from the position of Code Enforcement Officer, effective May 1, 2010 and authorizes his appointment as part-time Emergency Management Coordinator effective June 1, 2010 through May 31 2011 at a salary not to exceed $15,000 per year.

#10-044

WHEREAS, the owners of Block 438, Lot 2.05, located at 222 Woolworth Avenue received preliminary approval from the Zoning Board of Adjustment for an existing shed on said property; and

WHEREAS, the Zoning Board determined that the shed directly encroaches on a borough easement and requires Borough Council approval; and

WHEREAS, the property owners, Timothy Macpherson and Jeannette Pena, have agreed in writing to remove the shed in the event that the Borough of South Plainfield should require access to the easement;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the request to allow the shed to remain on said property on the easement is hereby approved based on the conditions so stated.

#10-045

WHEREAS, N.J.S.A. 40A:4-10 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 CY2010 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 year’s 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 are hereby amended to add the following amounts and that a certified copy of this resolution be transmitted to the chief Financial Officer.

#10-046

WHEREAS, John Ferraro has indicated his intention to retire from his position as Chief of Police, effective October 1, 2010;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the Borough of South Plainfield accepts Chief Ferraro’s letter of retirement, effective October 1, 2010. 

#10-047

WHEREAS, Karl Schuetz has indicated his intention to retire from his position as a Police Officer, effective December 31, 2010;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the Borough of South Plainfield accepts the letter of retirement of Officer Karl Schuetz, effective December 31, 2010. 

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

Mr. McConville made a motion to approve Resolution # 10-042; seconded by Mr. Bengivenga as follows:

WHEREAS, the Department of Public Works is in need of a front end loader to perform a wide variety of tasks on a daily basis; and

WHEREAS, it is the recommendation of Acting Superintendant of DPW to solicit bids for the purchase of a 2010 Articulated Wheel Loader;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Body of the Borough of South Plainfield that the Municipal Clerk is hereby authorized to solicit competitive bids for a 2010 Articulated Wheel Loader.

YES: Anesh, Bengivenga, McConville, Rusnak

ABSTAIN:  Buteas, Salerno                                                              MOTION CARRIED

Mr. McConville made a motion to approve Resolutions # 10-048 through 10-050; seconded by Mr. Rusnak.

#10-048

WHEREAS, Mario Abbruzzese has indicated his intention to retire from his position as a Code Enforcement Officer, effective June 1, 2010;

NOW, THEREFORE, BE IT HEREBY RESOLVED that the Governing Body of the Borough of South Plainfield accepts the letter of retirement of Mario Abbruzzese, effective June 1, 2010. 

#10-049

WHEREAS, the Borough of South Plainfield has determined it necessary to eliminate the full time position of Code Enforcement Officer; and

WHEREAS, Mario Abbruzzese currently holds the position and has expressed a willingness to retire from full time employment  and return to part time employment as Code Enforcement Officer, effective June 1, 2010; and

WHEREAS, the Borough of South Plainfield and Mario Abbruzzese have reached an agreement and settlement on the terms of his retirement and the benefits thereof.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of South Plainfield hereby authorizes the Mayor and Municipal Clerk to execute a Stipulation of Settlement with Mario Abbruzzese, a copy of which is attached.  

#10-050

Mario Abbruzzese is hereby appointed to the position of part time Code Enforcement

Officer, effective July 1, 2010 through June 30, 2011 at a salary not to exceed $15,000 per year.

YES: Anesh, Bengivenga, McConville, Rusnak

ABSTAIN:  Buteas, Salerno                                                              MOTION CARRIED

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

1-       Planning Board Minutes -   January 26, 2010

2-       Traffic Safety Advisory Commission Minutes -  December 9, 2009

3-       Code Enforcement Report – January 2010

4-       NJ Conservation Org. – Announcement of 2010 Rally/Workshop on March 20, 2010

5-       Middlesex County Planning Board Meeting schedule

6-      Piscataway Clerk – notice of Public Hearing on Zoning Ordinance (2/16/10) &

    copy of ordinance

7-       NJ Economic Development Auth. – Notice of Remediation Fund Grant of $111,609

8-     Business Advisory Group Minutes – January 6, 2010 

9-     Environmental Commission Minutes – December 9, 2009

10-   R. Capparelli – explanation of need for loader

11-   T & M Asso. – ROW acquisitions for New Durham Rd/Corporate Blvd. project

12-   Environmental Department Report – January 2010

13-   Recycling Report – January 2010

14-   T & M Asso. – Bid Results for Recycling

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

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

PAYMENT OF BILLS

            Current Fund - $338,390.73

           Current Fund  (9-01)   - $13,667.09

            General Capital - $80,420.30

            Grant Fund - $5,517.95

            Treasurers Trust - $1,257.57

            Recreation Trust - $5,420.68

       TOTAL OF ALL FUNDS - $444,674.32

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

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk