Minutes from the January 19, 2010 Public Meeting

of the South Plainfield Mayor and Council

The meeting was called to order at 8:15pm 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.

After the Pledge of Allegiance, the invocation was offered by Councilman Bengivenga.

Approval of the minutes of January 2, 2010 Reorganization and January 4, 2010 Agenda, Executive Summary and Public meetings were approved as presented on the motion of Mr. Anesh and seconded by Mr. Bengivenga.

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

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

Frank Mikorski questioned the reason why we would support the appointment of Bob Spiegel to the Dismal Swamp Preservation Commission given his consistently negative stand against the borough’s efforts to build a truck bypass.  He asked how Sayreville was able to get such a quick response from DEP on their project.  Ms. Graf replied that Sayreville had filed a permit application whereas, the Borough of South Plainfield only submitted a synopsis for feedback.

Mayor Butrico closed the public portion and called for Ordinance # 1872

Clerk Graf read Ordinance 1872 by title only for public hearing and final adoption as follows:

Ordinance # 1872 entitled: an ordinance establishing rates for use of the South Plainfield

                     Community Pool for 2010.

On a motion by Mr.Salerno and seconded by Mr. Bengivenga, Ordinance # 1872 was approved as follows:

BE IT ORDAINED by the Mayor and Borough Council of the Borough of South Plainfield that the following rates shall be established for use of the South Plainfield Community Pool for 2010:

Resident                                 On or Before 4/30                After 4/30

Family                                     $275 & 10 passes                     $325 & 10 passes

Individual                                $150 & 10 passes                     $200 & 10  passes

Senior Citizen                           $50 & 10 passes                       $70 & 10 passes

Nonresident

Family                                     $500 & 10 passes                     $500 no passes

Individual                                $240 & 10 passes                     $240 no passes

Senior Citizen                         $100 & 10 passes                     $100 no passes

DAILY ADMISSION PASSES

Everyone must provide proper identification

                                                Monday – Friday                   Weekends/Holidays

                                                Resident     Nonresident          Resident     Nonresident

All ages before 5:00pm               $ 8                  $15                      $10               $20

All ages after 5:00pm                  $ 5                  $  8                      $  5                $  8

Groups – 20 or more*                   $ 5                                             $  5

FURTHER BE IT RESOLVED that this Ordinance shall become effective immediately after final adoption and publication in accordance with the law.

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

Clerk Graf read Ordinance # 1873 by title only for introduction 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. Bengivenga made a motion to approve Ordinance # 1873 on first reading; seconded by Mr. Salerno.

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

Clerk Graf read Ordinance # 1874 by title only for introduction 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

Mr. Bengivenga made a motion to approve Ordinance # 1873 on first reading; seconded by Mr. Salerno.

YES: Anesh, Bengivenga Buteas, McConville, Rusnak, and 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 NewYear’s 2011 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 in calendar year 2010.

#10-019

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

overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 270, Lot 5

Elizabeth Ann Pender

312 Randolph Avenue

South Plainfield, NJ 07080                                                                                 

$850.00                                                                                               

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.

#10-020

WHEREAS, the Borough of South Plainfield is desirous of renewing an Interlocal Services Agreement with the Township of Woodbridge (the “Township”) for the provision of an industrial wastewater sampling program; and 

WHEREAS, the Borough of South Plainfield has a need for these services and it would serve the best interests of each of the communities to enter into this agreement; and

WHEREAS, Woodbridge Township has the personnel to accommodate the Borough of South Plainfield’s needs and is willing to provide such services;

NOW, THEREFORE, be it resolved by the Governing Body of the Borough of South Plainfield that:

1.                   Pursuant to the authority provided by the Municipal Interlocal Services Act, N.J.S.A. 40:8-1 et seq., the Borough of South Plainfield deems it to be in the public interest to enter into an Interlocal Services Agreement with the Township of Woodbridge for the provision of an industrial wastewater sampling program.

      2.        The Mayor and the Municipal Clerk of the Borough of South Plainfield are

    authorized and directed to execute and attest, respectively, on behalf of the

      Borough of South Plainfield, that certain Interlocal Services Agreement providing

      for said services to the Borough.

3.       The term of the aforesaid agreement authorized hereunder shall be for the period

            of two (2) years commencing January 1, 2010 and terminating December 31,

            2011.

4.       The aforesaid agreement shall provide for Woodbridge Township to supply all

            manpower, materials and equipment for industrial wastewater sampling and

            analysis.  It shall be set forth that the total cost for said services shall not

            exceed $75.00 per sample.                

5.       This Resolution shall take effect immediately upon adoption and publication

            according to law.

#10-021

Robert Spiegel, Director of the Edison Wetlands Association is hereby approved as the EWA representative to the Dismal Swamp Preservation Commission pursuant to N.J.S.A.40:55D-88.4.

#10-022

Authorization is hereby granted for Borough Engineer, T & M Associates, to provide research and bid design for the Borough’s Curbside Recycling as well as the operation of the Recycling Center.

#10-024

WHEREAS, the Borough Council has stated their desire to form a Special By-Laws Review Committee to consider amendments to the current By-Laws; and

WHEREAS, pursuant to Article VIII, Section 1 of the by-Laws of the Borough of South Plainfield, the Council President shall appoint three Council members to serve on a By-Laws  Committee to review and recommend changes to the Borough’s By-Laws; and

 NOW, THEREFORE, BE IT RESOLVED by the South Plainfield Borough Council that

the By-Laws Review Committee is hereby established and the Committee shall present its recommendations to the governing body at a regular meeting of the common Council for further action.

#10-025

authorization is hereby given to waive the Fire Permit fee of $42.00 for the South Plainfield Football Eagles Awards Party to be held on January 15, 2010 at Riley School auditorium, beginning at 5:00pm.

#10-026

WHEREAS, the New Jersey Department of Transportation (NJDOT) is accepting applications for Municipal Aid projects, and NJDOT will provide financial assistance to municipalities for transportation infrastructure improvements which are selected through the grant application process; and

WHEREAS, New Market Avenue is in need of resurfacing from South Clinton Avenue to Elsie Avenue.  

NOW, THEREFORE, BE IT RESOLVED that the South Plainfield Borough Council formally approves the grant application for the above stated project.

BE IT FURTHER RESOLVED, that the Mayor and Borough Council are hereby authorized to submit an electronic grant application identified as MA-2010-South Plainfield Borough-00614 to the New Jersey Dept. of Transportation on behalf of the Borough of South Plainfield.

BE IT FURTHER RESOLVED, that the Mayor and Borough Council are hereby authorized to sign the grant agreement on behalf of the Borough of South Plainfield and that their signatures constitute acceptance of the terms and conditions of the grant agreement

and approve the execution of the grant agreement.

#10-027

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

overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 528, Lot 43, Qualifier C0412

Parijat Sinha

412 Lucy Court

South Plainfield, NJ 07080                                                                                       

$1255.15                                                                                             

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.

#10-028

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex 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 refunded.

OWNER/ADDRESS                                     BLOCK          LOT    YEAR              AMOUNT

George Zereconski                                      84              10     2009              $2007.20

2603 Park Avenue                                      

South Plainfield, NJ 07080

Total                                                                                                                          $2007.20 *                                                              

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.

#10-029

WHEREAS, in January, 2008, the Mayor and Council of the Borough of South Plainfield established an Ad Hoc Committee to investigate the Helen Street project and viable options for diverting the truck routes within the Borough of South Plainfield; and

WHEREAS, the Alternate Truck Route Ad Hoc Committee conducted monthly meetings and did extensive research in an effort to determine the most effective and environmentally friendly  alternative to the present truck route; and

WHEREAS, after 18 months of meetings, research and analysis, the Ad Hoc Committee submitted their final recommendation to the Mayor and Council which was approved for further action; and

WHEREAS, in June, 2009 Mayor Butrico, the Borough’s project Engineer and Committee members held a Pre-Application meeting with the Section Chief, Bureau of Land Use Regulations of NJ DEP followed by the submission of several requested documents including a project synopsis report, an updated traffic report and a conceptual design with a summary report in August, 2009;

WHEREAS, to date, the Department of Environmental Protection has not provided comment on the Borough’s August submissions or given any direction to assist the Borough in preparing the two necessary permit applications necessary to move the proposed alternate truck route forward;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield as follows:

1.      The establishment of an alternate truck route represents a most compelling public need for the residents and businesses of the Borough, worthy of the NJ DEP’s immediate attention;

2.      The Ad Hoc Committee has met all the requests and requirements of the NJ DEP and are

poised to make application for the two required permits – a Wetlands Individual Permit and a Major Flood Hazard Area Permit, pending further comments and guidance on regulatory interpretation from DEP;

3.      The Borough of South Plainfield has made every effort to address the environmental

      issues concerning the current and potential roadway projects and to design an

      alternate route that will assist in improving the quality of life for everyone

      in the borough;

4.      The Governing Body and the Ad Hoc Committee strongly urge the Division of Land Use

      Regulation to respond to the Borough on the proposed project and provide the needed

      direction that the Borough has requested in a timely manner.

#10-030

WHEREAS, pursuant to P.L. 2009, CHAPTER 132, by authorizing resolution of the governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County, the Dismal Swamp Preservation Commission has been established; and

WHEREAS, the three municipalities are authorized to approve the appointment of the two members to represent Middlesex County on the Commission, as recommended by the Board of Chosen Freeholders; and  

WHEREAS, the Middlesex County Board of Chosen Freeholders have recommended the appointment of Freeholder Carol Barrett and Dunellen Mayor Robert J. Seader  to serve as the two County elected officials to the Commission

NOW, THEREFORE, BE IT RESOLVED  the Mayor and Council of the Borough of South Plainfield does hereby approve the nomination of Freeholder Carol Barrett and Dunellen Mayor Robert J. Seader for appointment to the Dismal Swamp Preservation Commission as the representative from Middlesex County.

#10-031

WHEREAS, the Borough Attorney and the law firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., have a potential conflict, and cannot represent the Borough of South Plainfield in connection with the pending tax appeal filed by Commerce Bank; and

WHEREAS, Emil H. Philibosian, Esq., and the law firm of Hoagland, Longo, Moran, Dunst

and Doukas has experience in representing municipalities in connection with tax appeals; and 

WHEREAS, the Local Public Contracts Law N.J.S.A.. 40A: 11-1 et seq., more specifically N.J.S.A. 40A:11-5, allows for the awarding of a contract for "Professional Services" without public advertising for bids; and

WHEREAS, prior to the execution of a contract, Emil H. Philibosian, Esq., will have

completed and submitted a Business Entity Disclosure Certification which certifies that no

individual with a 10% interest or larger in of Hoagland, Longo, Moran, Dunst and Doukas.,

has made any reportable contributions to a political or candidate committee in the Borough

Council of the Borough of South Plainfield in the previous year, and that the contract will

prohibit an individual with a 10% interest or larger in of Hoagland, Longo, Moran, Dunst and

Doukas., from making any reportable contributions through the term of the contract, pursuant

to N.J.S.A. 19:44A-20.4, et seq; and

WHEREAS, this contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4, et seq.; and

WHEREAS, compensation for the professional services shall be at a rate of $135 per hour for all attorneys, plus reasonable expenses and costs; and

WHEREAS, the Borough Council feels that it is in the best interest of the Borough of South

Plainfield to enter into the attached Contract for Professional Services with Emil H.

Philibosian, Esq., and the law firm of Hoagland, Longo, Moran, Dunst and Doukas, 40

Paterson St, New Brunswick, NJ 08901, to represent the Borough as special counsel for the

Commerce Bank Tax Appeal.

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

1. The Mayor and Borough Clerk are hereby authorized and directed to execute the Contract

     for Professional Services with Emil H. Philibosian, Esq., and the law firm of Hoagland,

     Longo, Moran, Dunst and Doukas., to represent the Borough as special counsel for the

     Commerce Bank Tax Appeal. case

2.     The Contract is awarded without competitive bidding as a "professional service" under the

       provisions of the Local Public Contracts Law, more specifically N.J.S.A. 40A:11-5, because

      the services in question are of a specialized, technical and professional nature.

3.       Any modification to the Contract shall be in writing and signed by both parties, and upon obtaining said signatures shall immediately become a part of the contract.

4.       The Borough of South Plainfield may, upon ten (10) days written notice, and without cause, terminate the Contract.

5.       The Contract shall, for all purposes, be deemed a New Jersey Contract and any provisions of the Contract shall be governed and interpreted according to the Laws of the State of New Jersey.

6.       The contractor shall report directly to the Borough Administrator, who will be the chief contact with the Borough of South Plainfield. 

BE IT FURTHER RESOLVED by the Borough Council of the Borough of South Plainfield  that a copy of this Resolution shall be published in the official newspaper within 10 days of its passage, as required by law, and shall be on file and available for public inspection in the office of the South Plainfield Municipal Clerk, South Plainfield Borough Municipal Building, 2480 Plainfield Avenue, South Plainfield, New Jersey 07080.

#10-032

WHEREAS, Ordinance # 1871 established the funding for the purchase of radios and various communication equipment for the Borough’s Emergency Services; and

WHEREAS, the Chief Financial Officer has verified that funds are available in account # C-04-55-910-002-901; and

WHEREAS, the Borough will purchase the equipment from Tactical Public Safety of West Berlin, NJ utilizing State Contracts A53753 and A53824;

NOW, THEREFORE, BE IT RESOLVED that the purchase of AES Encrypted portable radios and other communications equipment for the Borough’s Emergency Services Central Communications Center, from Tactical Public Safety, utilizing State Contract # A53753 and A53824 at a cost not to exceed $398,162.00 is hereby authorized.  

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

Mr. Anesh made a motion to approve Resolutions # 10-014A, 10-015A and 10-023, seconded by Mr. Bengivenga as follows:

#10-014A

the Mayor and Municipal Clerk are hereby authorized to execute a Professional Service

Agreement with Joseph Glowacki as a Consultant to the Dept. of Public Works to assist in the departmental transition, beginning February 1, 2010  at a cost not to exceed $15,000.00.

#10-015A

Authorization is hereby granted for the hiring of Paul Brand as a part time Mechanic for the Dept. of Public Works, beginning February 1, 2010 at a rate of $23.00 per hour.

#10-023

WHEREAS, pursuant to P.L. 2009, CHAPTER 132, by authorizing resolution of the governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County, the Dismal Swamp Preservation Commission has been established; and

WHEREAS, each municipality’s governing body are authorized to appoint two members to the Commission to represent their for a term of five years; and 

WHEREAS, the Commission shall review and approve, reject or modify all applications for development within the Dismal Swamp pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.). The commission shall exercise any or all of the powers and duties of a municipal planning board and any or all of the powers and duties of a county planning board for the Dismal Swamp.

NOW, THEREFORE, BE IT RESOLVED by the South Plainfield Borough Council that

1- Dorothy Miele, 123 Elliott Place

2- Peter Smith, 1529 Chestnut St.

are hereby appointed to represent the Borough of South Plainfield on the Dismal Swamp Preservation Commission for a five year term; said term to expire 12/31/2014.

YES: Anesh, Bengivenga, McConville, Rusnak

NO:   Buteas, Salerno                                                                        MOTION CARRIED

Mr. Anesh made a motion to approve Resolutions # 10-017, seconded by Mr. Bengivenga as follows:

#10-017

Scott Smith is hereby hired for the position of Laborer I with the Dept. of Public Works, at a rate of $15.00 per hour, effective January 21, 2010.

YES: Anesh, Bengivenga, McConville, Rusnak

ABSTAIN:   Buteas, Salerno                                                             MOTION CARRIED

Turning to Reports, Ms. Graf reminded the Mayor and Council that recent legislation requires municipalities to appoint a Purchasing Agent by the end of 2010.  She also asked if any Council members wanted a hard copy of the new Code.

Borough Engineer Len Miller reported on the review of Recycling operations and also on the New Market Avenue plan.

Mr. Cullen asked for ideas on possible redesigning the bulk pick up program.  He also reported that he received an appraisal on the DARE building of $116,000.  He asked the Council to advise on whether they wish to proceed on this matter.  

Mr. Bengivenga commented on Monday evening’s Cultural Diversity event and how very interesting and entertaining it was.

Ms. Buteas commended everyone involved with the H1N1 Clinic held at the PAL and commented on how well organized it was.  She also reported that the Environmental Commission met with Peter Mannino of EPA at the Cornell Site and toured the site.

Also, thanks to Robach Asso for becoming an Adopt a Spot sponsor at Belmont Ave. and Tremont Ave.

Mr. McConville reminded the public that the Rabies Clinic would be held on Saturday, Jan. 23^rd from 9am to Noon at DPW building.  He also commented on the EPA meeting and the H1N1 Clinic.

Mr. Rusnak reported on the Borough Attorney’s response to his question on the use of the pool by non-residents.  It has been referred to Recreation and that group will monitor usage and consider the request in the future.   Mr. Rusnak also reported that the Library Board is planning to move to new facilities at 901 Montrose Ave and will vote on the move at their next meeting.

Mr. Salerno reported progress.

Mr. Anesh thanked the Health and OEM officials for the success of the H1N1 Clinic.  He reported that Traffic Safety Advisory would meet on Weds. Jan. 27^th.  He also reported that he expects to meet with the Engineer and the Chief and Traffic Safety Staff to develop formal procedures for requesting a street to be evaluated for Safe Streets, Safe Kids program.  Mr. Anesh announced that the EMS Officers will be swore in at the February 1^st Council meeting.

Regarding DPW, he reported that Administration and DPW will be meeting with Glenn to devise a plan for the transition concentrating on doing more with less.  Mr. Anesh announced that the By Laws Committee will be comprised of Councilmen Salerno, Bengivenga and McConville. 

The committee will work with the Borough Attorney to review and update the By Laws.  Finally, Mr. Anesh requested the formation of another special committee dealing with the issue of COAH.

Mayor Butrico stated his disappointment in the passage of Resolution # 10-023.  He acknowledged the work of Elaine & Bill Tuthill in Haiti and noted that Mrs. Tuthill will be returning to assist in the disaster program.

Mayor Butrico opened the meeting for public comment.

Joe Scrudato asked if there was a street repair list for 2010.  He was told that the 2009 list will be revisited since no streets were paved in 2009.   Mr. Scrudato also asked about the progress of the New Market Ave extension.

Jake Cataldo commented on spending and pointed out engineering expenses and police equipment purchases in 2009.

Mr. Bengivenga asked Sgt. Foran about the cost of furniture in the equipment purchase.  Sgt. Foran clarified the costing.

Frank Mikorski spoke about the reported $7.2 million in Board of Ed Surplus and Reserve accounts.  He felt that the excess surplus should be returned to the taxpayers.  Next he asked the cost of the New Market Avenue extension.  Mayor Butrico stated that he quoted in the past and repeated the estimated total at $4.5 million for Phase I.  Next he commented on possible opportunities to improve purchasing through shared services.  He also suggested possibly combining a tech position to work for both Borough and Bd of Ed as another cost savings measure.

Debbie Boyle addressed several issued related to Board of Education finances and the Shared Services Committee and emphasized that the Board and Council members work well and without politics.   She also noted the Board would be able to provide space for DARE should they need it.

Mayor Butrico closed the public portion of the meeting.

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

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk