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Minutes from the June 28, 2010 Public Meeting                                 

of the South Plainfield Mayor and Council

The meeting was called to order at 7:00pm 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: Anesh, Bengivenga, Buteas, McConville, Rusnak, and Salerno.

Reverend Charles Mingle offered the opening prayer as Chaplain of Emergency Services

Mr. Bengivenga made a motion to approve Resolution # 10-181, authorizing the promotion of Lieutenant James Parker to Captain and Sergeant Philip Aqualina to Lieutenant; seconded by Mr. Rusnak.

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

Council President Anesh administered the Oath of Office to Captain Parker and Lieutenant Aqualina as Chairman of Public Safety after which Police Chaplain Mingle and the Mayor and Council each offered their individual congratulations and best wishes to the two officers and their families.

Mr. Rusnak made a motion to authorize an executive session to discuss 3 personnel matters; seconded by Mr. McConville and approved unanimously.

There was a 5 minute intermission at which time the governing body went into their Executive meeting.

Mayor Butrico announced that no matters from the Executive meeting required action this evening.

Mr. Bengivenga made a motion to accept the minutes of June 16, 2010; seconded by Mr. Rusnak.

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

Mayor Butrico opened the meeting to the public for their comments on Agenda items only.

Frank Mikorski asked if any action would be taken on the budget this evening.  Mr. Cullen explained that the State had yet to review the budget and therefore, the Council cannot adopt tonight.  Mr. Mikorski noted that the biggest expense in the budget is Police & 911.  He asked if any adjustments had been made since the last budget meeting. 

Mr. Rusnak replied that nothing had changed as of now.

Mayor Butrico reported that he had a meeting with the Freeholder Director and discussed possible shared services on these items and others.

Mr. Mikorski also pointed out the expense of unlimited sick time and 6 month severance and the need to address this situation.  He also cited the cost of  the borough’s I T and was told that the Administration Committee had met with several companies to explore their options.  He also asked for a clarification on Ordinance # 1896 and Resolution 177.

Les Bergen asked questions on Resolutions 175, 176 and 177.  

Michael English asked if the Public Hearing on the budget will be continued since it will not be adopted this evening and the public should have the opportunity to have input on possible

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changes that take place after tonight.  He also commented on the liquor license issued to Ignite restaurant.

Mr. Rusnak, Chairman of the Administration and Finance Committee gave a brief statement on the State of the CY2010 budget and emphasized that the Council accomplished what they had set out to do with the 2010 budget and gave a summary of the tax breakdown for 2009 and 2010.

Mayor Butrico challenged Mr. Rusnak’s statements and offered a recounting of the disparity between 2008 when taxpayers were under billed and the first two quarters of 2009 when the taxpayers were overbilled by $3 million.  A discussion ensued among the members of the governing body with each offering their individual interpretation of the bottom line.

Mayor Butrico opened the Public Hearing on the budget.

Michael English asked what funds had been placed in the budget in anticipation of new retirees.   What preparation has taken place?  Is a retirement schedule in place to provide for long term planning.

Mr. Cullen responded to Mr. English that some of the retirement pay outs changed due to adjusted usage and of the $800,000 borrowed in 2010, approx. $200,000 will be available in the 2011 budget due to changes in status.

Mr. Cullen also address a question related to the Bulky pickup program and stated that the program is funded in the landfill account and in all probability, we would need approx. $25,000 more to hold the fall pick up.

Mr. Mikorski asked a follow up to on the retirement funding in the budget and agreed that long term planning should be used to anticipate budgetary need. 

Mayor Butrico closed the public hearing and called for Ordinance # 1896.

Clerk Graf read Ordinance # 1896 by title only for public hearing and final adoption as follows:

#1896 entitled: An ordinance appropriating $73,000 for the acquisition and installation

                    of radio and related communication equipment for the South Plainfield Fire

                    Dept located within the Borough of South Plainfield, County of Middlesex,

                    State of New Jersey 

Mr. Bengivenga made a motion to adopt Ordinance # 1896; seconded by Mr. Anesh.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1896 as follows:

BE IT ORDAINED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY as follows:

Section 1.      That there is hereby authorized pursuant to applicable statutes of

            the State of New Jersey, as a general improvement, the following

            improvements in the Borough of South Plainfield, County of

            Middlesex, New Jersey:

                       Acquisition and installation of radio and related

                       communication equipment                                                                            

                                                            TOTAL                                   $73,000.00

Section 2.      That the improvements described in Section 1 hereof shall be

            authorized as general capital improvements for the Borough of

            South Plainfield in the County of Middlesex, New Jersey.

Section 3.      It is hereby determined and declared by this Mayor and Borough

            Council as follows:

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Section 4.      That the total amount of the appropriation to be expended for

A.    That the maximum estimated amount of money to be raised

from all sources for the purposes stated in Section 1, hereof,

is $73,000.00.

Section 5.       This ordinance shall take effect after final passage and publication

                        in accordance with the law.

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

Mr. Bengivenga made a motion to approve Resolutions 10-170 through 10-180; seconded by Mr. Rusnak which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-170

WHEREAS, the 2010 budget for the Borough of South Plainfield have not yet been adopted;

and,

WHEREAS, the Tax Collector was unable to send out final 2010 bills by the statutory date of

 June 14th due to the lack of a tax rate certified by the Borough of South Plainfield; and

WHEREAS, NJSA 54:4-66.3 determines that the tax collector may, by resolution of the governing

 body, send out estimated tax bills for the third quarter; and

WHEREAS, it is in the best interest of the Borough of South Plainfield to send out estimated bills

 for the third quarter, 2010 based on an estimated tax levy of $69,799,572.27 and an estimated tax

 rate of $4.889 per $100 of assessed value to be reconciled through the fourth quarter, 2010 billing

 to be mailed upon receipt of a certified tax rate; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Municipal Council of the Borough

of South Plainfield, State of New Jersey, that the Tax Collector is to prepare and mail estimated 3^rd

quarter, 2010 tax bills.

BE IT FURTHER RESOLVED that pursuant to NJSA 54:4-66.3, the due date of the estimated

3rd quarter tax bills shall be the later of August 1, the additional interest-free period authorized

pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date that the estimated tax bill

for the third installment was mailed or otherwise delivered. Any payment received after this time

may be charged interest back to August 1.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to

Kimberly Clifford, CTC and Glenn Cullen, CMFO

#10-171

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

overpaid their taxes and have requested refunds:

Block 437; Lot 4; Qual: C0001                                                                                            

Elisabeth Garguilo

226 Christopher Avenue

South Plainfield, NJ  07080

$2,437.03

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.

#10-172

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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OWNER/ADDRESS

Block 151, Lot 7

Lisa M. Heim

602 Franklin Avenue

South Plainfield, NJ 07080                                                                                                             

$1,180.48                                                                                            

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.

#10-173

the following promotions within the Department of Public Works are hereby approved in order to fill the vacancies created by recent retirements. The applicable salaries are commensurate with the current Salary Ordinance

1.      Richard Ritchey to Supervisor of Public Works

2.      Richard Zekas to Supervisor of Public Works

3.      Leo Appolloni to Heavy Equipment Operator

#10-174

Katie Stilo is hereby hired as a seasonal employee at the South Plainfield Community Pool Utility from  July 1 to September 6, 2010, in a Concession II position at an hourly rate of $8.57.

#10-175

Margaret Diller is hereby hired as a temporary van driver for the senior center for the period of June 28, 2010 through July 1, 2010 at an hourly rate of $11.65 excluding benefits.

#10-176

authorization is hereby given to waive the building and plumbing permit fees for the Board of Education’s bathroom remodeling project, including asbestos removal and disposal at South Plainfield Middle School, Kennedy, Franklin, Grant and Riley Elementary Schools.

#10-177

authorization is hereby given to waive applicable fees (excluding Electrical fees) for the Board of Education’s fire alarm replacement project at the South Plainfield Middle School.

#10-178

WHEREAS, Steak and Ale of New Jersey, Inc. (in bankruptcy) has submitted their application for renewal of liquor license # 1222-33-005-006 for the year 2010-2011; and

WHEREAS, no objections to said renewal has been filed; and

WHEREAS, the proper Borough and State fees have been paid by the applicant.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of   South Plainfield that the licensee be granted renewal of their liquor license for the year commencing July 1, 2010 and expiring June 30, 2011.

#10-179

WHEREAS, Madhusudan LLC, License # 1222-33-016-007, d/b/a Palace of Jaipur, did not file its renewal application and fees on or before July 30, 2009 and were therefore required to seek  a 12.18 Special Ruling, pursuant to N.J.S.A. 33:1-12.18; and

WHEREAS, Madhusudan LLC did file the required 12.18 petition with the State Attorney General’s office and did receive a Special Ruling signed by the Deputy Attorney General, Lorinda, Lasus, dated June 3, 2009 to permit the licensee to apply for a new license; and

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WHEREAS, Madhusudan LLC has met all the requirements set forth in N.J.S.A. 33:1-12.18,including legal notice publication on May 28 and June 11, 2010; and

WHEREAS, the Mayor and Council of the Borough of South Plainfield originally approved the renewal of License # 1222-33-016-007 by Resolution # 10-109 which was prior to the publication period;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of the Borough of South Plainfield that Resolution # 10-109 is hereby rescinded.

BE IT FURTHER RESOLVED that Madhusudan LLC, License # 1222-33-016-007, d/b/a Palace of Jaipur is hereby approved for renewal of their liquor license for the 2008-2009 license year, in accordance with N.J.S.A. 33:1-12.18.

#10-180

the resignation of South Plainfield Police Officer Joseph Indano is hereby accepted, effective July 6, 2010.

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

Mr. Cullen discussed the options for the 2010 bulk pick up, leaf bags and Christmas tree pick up and anticipated costs.

Mayor Butrico opened the meeting to the Public for general comments.

Mike English reported to the governing body on the results of this evening’s Ad Hoc meeting.  He gave an progress report which includes marking out the center line.  He asked what the area limits are to the Dismal Swamp Preservation Commission so that the truck route is in no way under their jurisdiction.  Terry Vogt needs a list of property owners in the affected area.  Also, any records relative to the Spring Lake Park project to use as back up with DEP.  Mr. English ended with an announcement that Federal DOT grants have become available which would suit the Alternate Truck Route. 

Mayor Butrico asked who should be responsible for preparing the grant application.  The Mayor asked Mr. English to contact Terry Vogt of Remington Vernick and get an estimate.

Frank Mikorski thanked Mike Zushma for doing a terrific job at the feast.

Having no other borough business, the Mayor called for a motion to adjourn.  So moved by Mr. Bengivenga and seconded by Mr. Salerno.

Respectfully Submitted,

Joann L. Graf, RMC
Municipal Clerk