Minutes from the January 4, 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 Council President Anesh.

Approval of the minutes of December 21, 2009 were approved as presented on the motion of Mr. Salerno and seconded by Mr. McConville.

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

RECUSE:  Anesh, Bengivenga

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

Mr. Frank Mikorski of Crown Lane asked for an explanation of Resolution #10-001.  CFO Cullen explained the statutory regulations of how the Temporary Budget is determined.  Mr. Mikorski also asked why a mortgage company is listed as the recipient of a tax refund.  Mayor Butrico explained one reason and Clerk Graf added a second situation that would cause this scenario.

Bill Thomas of Lowden Ave asked for details of Resolution # 10-014, how and when it was negotiated and by whom.  Mr. Rusnak responded to the question as DPW Liaison stating that he spearheaded the negotiation.  Asked if there was a meeting of the Public Works Committee, Mr. Rusnak responded that he met with the parties as Chairman of the DPW Committee and made the recommendation.

Bob Jones of Perry Street stated that in reference to Resolution # 10-011, the procedures for filling Board vacancies, which are clearly stated in the Borough Code, were not followed in the case of the Dismal Swamp Commission.  Regarding Resolution # 10-014, Mr. Jones cited a similar case in 2009 with the retention of the outgoing Tax Collector as a consultant during the period of transition at a cost of $30,000.

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

Clerk Graf read Ordinance # 1872 by title only for introduction as follows

ORDINANCE No. 1872 entitled: An Ordinance establishing rates for use of the                              South Plainfield Community Pool for 2010

Mr. Salerno made a motion to approve Ordinance # 1872 on first reading; seconded by Mr. Bengivenga.

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

Ms. Buteas asked to separate Resolutions 10-011 thru 10-016 from Consent Items.

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:

                                                                                                                               3026

#10-001

WHEREAS, N.J.S.A. 40A:4-19 of the 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 temporary budget set forth does not in amount exceed 26.25% of the total appropriations in the previous year’s budget (exclusive of and appropriations made for Debt Service, Capital Improvements and Public Assistance); and

WHEREAS, the temporary budget appropriations for CY2010 include the following:  Total General Appropriations in the amount of $6,931,381.50; Total Sewer Utility in the amount of $1,686,225.00 and Total Pool Utility in the amount of 21,000.00;

NOW THEREFORE, BE IT RESOLVED that the attached temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records.

#10-002

the promotion of Robert Capparelli from Supervisor to Acting General Supervisor is hereby authorized, effective immediately, at a salary commensurate with the DPW Salary Ordinance.

#10-003

WHEREAS, the Governing Body of the Borough of South Plainfield approved Resolution # 09-366 on December 21, 2009 awarding a contract to K & D Contractors for remodeling of a barrier free bathroom renovations in the municipal building; and

WHEREAS, Resolution # 09-366 was approved in error due to the fact that the apparent low bid was based on only the Part A bid price and did not include the secondary bid for electrical work; and;

WHEREAS, the Borough’s Professional Advisors, including Joseph De Andrea, Jr. AIA, have determined that the performance of the project with the inclusion of the secondary bid for electrical work represents the best plan as well as the most economical plan; and

WHEREAS, based on the determination of the Borough’s Professionals, the successful lowest responsible bidder for the full project including parts A & B is RJR Engineering Co. Inc, 105 Guinea Hollow Road, Califon, NJ  07830 with a bid price of $55,450.00.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that resolution # 09-366 is hereby rescinded.

BE IT FURTHER RESOLVED that authorization is hereby given to award a contract for the barrier free renovations to the bathrooms in the municipal building to RJR Engineering Co., Inc. of Califon, NJ at a cost not to exceed $55,450.00.

FURTHER, the Mayor and Municipal Clerk are hereby authorized to execute the necessary agreement with RJR Engineering Co. Inc.

#10-004

the Chief Financial Officer is hereby authorized to issue a refund check in the amount of $60.00 to Peter Calderoni of 326 Ranger St. South Plainfield, NJ 07080 for a 6 month weight room membership due to a medical condition.

#10-005

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

overpaid their taxes and have requested refunds

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Block 137.02; Lot 19                                                                                     

HSBC Mortgage Corporate USA

Tax Dept.  Attn: R. Nowinski

2929 Walden Avenue

Depew, NY  14043

$1,665.48                                                                                                               

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.

#10-006

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

overpaid their taxes and have requested refunds:

Block 108; Lot 11                                                                                          

Trans County Title Agency LLC

P.O. Box 675

83 Morris Street

New Brunswick, NJ  08903

$1,511.47

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.

#10-007

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 credited.

OWNER/ADDRESS                         BLOCK          LOT       YEAR           AMOUNT

Ricochet Props LLC c/o S&D App       420               11.021       2009               $6272.50

219 St. Nicholas Avenue                                         

South Plainfield, NJ 07080

Total                                                                                                                  $6272.50 *

* No refund check to be issued.  Credit will be applied to outstanding 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.

#10-008

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 credited

OWNER/ADDRESS                         BLOCK          LOT       YEAR           AMOUNT

Richard J. DeAndrea, Sr.                          347               8.07         2009             $2774.95

420 Tremont Avenue                                               

South Plainfield, NJ 07080

Total                                                                                                                  $2774.95 *

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* No refund check to be issued.  Credit will be applied to outstanding 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

 #10-009

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 credited.

OWNER/ADDRESS                         BLOCK          LOT       YEAR           AMOUNT

Marco Villagomez & Paul Chimbo       368                 6.04         2009               $913.28

617 Spicer Avenue                                      

South Plainfield, NJ 07080

Total                                                                                                                    $913.28 *

* No refund check to be issued.  Credit will be applied to outstanding 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.

#10-010

WHEREAS, a vacancy exists for the Secretary to the Recreation Commission due to the resignation of Maureen Noll; and

WHEREAS, it is the recommendation of the Recreation Director to hire Pam Stefanek, 1321 Cherry Street, South Plainfield, NJ 07080 to fill the position.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council that Pam Stefanek is hereby hired to the position of Recreation Commission Secretary, effective immediately, at an annual stipend of $750.00.

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

Mr. Salerno asked to separate Resolutions 10-011, 013 and 016 from the remaining items

Mr. McConville made a motion to approve Resolutions #10-011, 013 and 016; seconded by Mr. Bengivenga, as follows:

#10-011

WHEREAS, the Governing Body of the Borough of South Plainfield approved Resolution # 09-339 on December 7, 2009 thereby appointed two residents to the Dismal Swamp Preservation Commission; and

WHEREAS, passage of Resolution # 09-339 is contrary to the Borough of South Plainfield’s By- Laws, and specifically violates Article V, Section 8 which states,

“SECTION 8. It will be the policy of the Mayor and Council not to fill any vacancies which     

                  occur between Election Day and the annual reorganization meeting, unless  

                  absolutely necessary.”; and

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WHEREAS, the availability of the board positions were not made public and resumes were not solicited from interested residents.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that resolution # 09-339 is hereby rescinded.

BE IT FURTHER RESOLVED that the Municipal Clerk is hereby authorized to advertise the two

 positions on the Dismal Swamp Preservation Board and seek resumes from interested residents.                                                                                                                                     

#10-013

William Cochrane is hereby hired as a part time Omnibus Driver for the South Plainfield Office on Aging, effective January 5, 2010 at a rate of $15.00 per hour, excluding benefits, and shall provide transportation to local seniors Monday through Friday from 9am to 1pm.

Mr. Cochrane maintains a Commercial Drivers License.

#10-016

WHEREAS, a vacancy exists on the Zoning Board of Adjustment for a full four year term;

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

Robert Jones is hereby appointed to fill the position, said term to expire Dec. 31, 2013.

YES: Anesh, Bengivenga, McConville, Rusnak

NO:   Buteas

ABSTAIN:  Salerno                                                                              MOTION CARRIED

Mr. Anesh made a motion to approve Resolutions # 10-012, 014 and 015; seconded by Mr. Bengivenga.

#10-012

the transfer of Michael Kurilew from Omnibus Driver for the Office on Aging to Laborer II for the Dept. of Public Works, is hereby approved, effective Tuesday, January 5, 2010 at the Laborer II rate of $17.00 per hour.

#10-014

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, for a six (6) month period from January 5, 2010 through July 2, 2010 at a cost not to exceed $15,000.00.

#10-015

Authorization is hereby granted for the hiring of Paul Brand as a part time Mechanic for the Dept. of Public Works, effective January 5, 2010 at a rate of $23.00 per hour.

YES: Anesh, Bengivenga, McConville, Rusnak

NO:   Buteas

ABSTAIN:  Salerno                                                                MOTION CARRIED

Mr. Bengivenga made a motion to accept the Correspondence per the list below; seconded by Mr. Salerno

1. Edison Township Planning Board – Notice of Public Hearing re: Jehovah’s Witness

  House of Worship, January 12, 2010 at 7:30pm

2. Highland Park to NJ Motor Vehicle opposing NJ Transit route discontinuation
3. PARSA Minutes of Dec. 3rd, Agenda of Jan. 7, 2010 and Reports
4. Borough of Metuchen – Notification of members appointed to Dismal Swamp Preservation Commission
5. Letter from Ad Hoc Committee to C. Jones, NJ DEP  re: Alternate truck route

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, and Salerno    MOTION CARRIED                                                                                                                             3030

There was no Payment of Bills list for this meeting.

Turning to Reports, Ms. Graf reported that the Re-codification of the Borough’s Code has been completed and is now available on the Borough’s website. 15 hard copies of the Code Book have been shipped and are expect later in the week.  

Len Miller reported that the Engineers Transition Meeting is scheduled for Wednesday.

Mr. Cullen reported that the cost for JIF in 2010.  He also indicated that there is no longer any need for the DARE building and he is looking to get an appraisal and possible sell it.

Mr. Bengivenga wished everyone a Happy New Year and also a Happy Birthday to Mr. Cullen. 

He asked the Borough Attorney exactly how the agenda should be prepared.   Mr. Rizzo replied that all matters are submitted by various borough officials and department heads to the Municipal Clerk for inclusion onto the agenda.

Ms. Buteas stated that she was expecting the Energy Audit Report shortly and she is looking forward to her new committee assignments.

Mr. McConville reminded the Council that the Environmental Commission would hold their next meeting on January 13^th at 6:30pm at the Cornel site and all were welcome to join in the tour.

Mr. Rusnak asked about the policy at the Community Pool in regard to non-residents.  Mr. Rizzo will investigate and report back.  

Mr. Anesh reported on pending legislation dealing with job protection for First Responders and the procedure to insure their job security.  He also noted a news story about using minor criminals to work with local DPW and police.   He suggested the Council explore the possibility of a similar project.  He also proposed that the Council form a By-Laws Committee to review the current version and make recommended changes.

Mr. Bengivenga made a motion to authorize the creation of a By-Laws Review Committee; seconded by Mr. McConville.

Mayor Butrico reminded the public that the H1N1 Flu shot Clinic would take place this Thursday from 2pm – 8pm at the PAL.  He also noted that the Cultural Diversity event will be held on January 18^th at Riley school.

Ray Petronko asked about the future logistics for the electronic version of the Borough Code.  It was confirmed that updates will occur on a quarterly basis by General Code.

Frank Mikorski commented on the Board of Education Audit.  He compared past audits and cited that the tax levy in 2003 was $30,000,000 vs. $40,318,000 in 2009 $11million difference over 6 year period. He and recommended that residents get more involved with the Board of Ed process.  He asked who the Council Liaison for 2010 will be.  Finally, Frank asked for a status report on the New Market Ave extension.

Mayor Butrico explained that they are still waiting on Verizon to move the telephone pole.

Mayor Butrico closed the public portion.  Mr. Rusnak asked if it would be possible to hold our Executive Sessions either before or after the main meeting.  Mayor Butrico explained the rationale for why it is necessary to meet before the agenda meeting is adjourned.

With that, Mr. Bengivenga made a motion to adjourn; seconded by Mr. McConville. 

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk