Minutes from the May 10, 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. 

After the Pledge of Allegiance, the Invocation was offered by Councilman McConville.

Mayor Butrico presented a Proclamation to Acting Chief Paul Brembt in recognition of National Police Week, May 9 – 15, 2010.

Clerk Graf called the roll.  Present were Council Members: Anesh, Bengivenga, Buteas, McConville, Rusnak, and Salerno.

Mayor Butrico opened the meeting for public comment on Agenda items only.

Teachers Union President Louise Mruz commented on the council including the 1.5% Health Benefit employee contribution and pointed out that NJEA is presently in court on this issue.  She then asked if the State has guaranteed that the contribution will come back to the town. She was told that that fact has been confirmed by Trenton.   She then pointed out that the decrease in raises called for in the proposed cuts was null since raises are contractual.  Mayor Butrico responded to which Mrs. Mruz stated that the employees are under no obligation to open their contracts.

Steven Bohn asked for clarification on Resolution # 137 regarding the purpose of the funds being authorized.

Frank Mikorski thanked the Mayor and Council for their action on Resolutions # 133 and 134.

Mayor Butrico closed the public portion and asked Administration Committee Chair, Ray Rusnak to review Resolution # 138, the Council’s budget cuts of $1.25 million for the Board of Ed.  He explained the rationale used to reach the figures shown in the Resolution.

He summarized the information gleaned during the joint meeting of Council and Board representatives.   At the request of Mr. Bengivenga, Mr. Rusnak clarified the content of the Addendum and the intent of this document. 

Mayor Butrico assured the public that the entire Mayor and Council worked together and are in accord with the solutions presented in these two documents.  He emphasized that the action being taken is in the best interest of the children and the programs.

Mayor Butrico opened the meeting for public comments.

Mr. McCullum of Walnut Street stated that budget as well as the cuts are based on assumptions.  He also pointed out that the Capital Reserve is important for survival.  He questioned the Council’s cuts to which Mayor Butrico and Mr. Rusnak clarified the rules when a budget is rejected at the election.

Board of Ed member Debbie Boyle stated that she did in fact ask three times for the principals to re-open their contracts and they said no.  In discussing the Board’s budget process, Mrs. Boyle stated that Board members asked for a line item review of the proposed but were told that the Board puts their trust in the superintendent to prepare the budget.  They asked questions and were told that they were not entitled to those answers.

Diana Joffe, Vice President of the Teachers Union.  The salary reductions will have a ripple effect and will impact the teachers future salary and pension.

Kathy Pompilio asked if the proposed salary raise decrease percentage was the same across the board.

Les Whalen, Principal of Grant School, asked who made the Administration salary cuts to which Mr. Rusnak replied that a questionnaire was sent to the Superintendent and Business Administrator and they recommended the cuts.  Mr. Whalen pointed out that the Principals in South Plainfield are among the lowest on the pay scale.

Debbie Boyle stated that Administrative cuts were never brought to the Board.  Mr. Rusnak mentioned a letter sent on April 22^nd with the 9 questions to which Mrs. Boyle replied, No. I never saw that letter.

Frank Mikorski referenced the 2009 Audit Report and stated that a surplus of $7.2 million was listed.   He gave examples such as air conditions and fire alarm system and the Capital Reserve account use and emphasized that unspent balances go back to Capital Reserve as surplus.

CFO Glenn Cullen detailed conversations with the State and County regarding the issue of Capital Reserve and using surplus generated from unspent balances.  Both the State and the County Administrator agreed that the money may be re-programmed and is available as an option for tax relief.

Louise Mruz also took offense to the Council’s position of using funds that are not guaranteed.  Additionally, she stated that the proposed cuts affect teachers and their families.

Al Lepore stated that as a retired person on a fixed income, his social security has been frozen this year and next year.  He asked the teachers to be a little more considerate of those people who are paying their salaries.

Mr. Cullen commented that on a calendar the average tax rate will approx. $85.00 less than 2009, of which $15.00 comes from the Board of Ed.

Board of Ed member Steven Bohn asked who the Council met with from the Board.  Mr. Rusnak replied that the first couple of meeting included Superintendent Negron and Business Administrator Guerini for the Board and Mr. Rusnak and Mr. Cullen for the Borough.    Then Mr. Bohn asked who recommended the 2 Administrative cuts to which Mr. Rusnak replied Mr. Negron made the recommendation approximately 6 days after the election.  Then Mr. Bohn asked how the over-collection of $400,000+ impacts the tax rate.

Derryk White basically recapped the process as he understood it and Mr. Rusnak added several items to the time line.  Mr. White used his personal employment / unemployment situation to illustrate what he and his co-workers did to survive and that everyone needs to do their part.

High School Principal Dr. Ken May spoke about the O & E at his school and the effort put forth to hold spending down.  He spoke about under-staffing.  He said his was willing to give back but there isn’t anything left to give.

Teacher Sandy Doyan stated that the teachers give their all for their jobs and our kids, spending their own money for things and will continue to do so.  The Council should not expect to balance the budget on the backs of the teachers.

Teacher Fran Flannery echoed the sentiments of her fellow teachers and pointed out that the budget cuts have affected the teachers and they’ve learned to do more with less.  She cited the shortage of basics like pens and paper as examples.

Resident Dick Frank spoke about his own Mom who was a teacher and their dedication. He then commented on the tremendous turn out at this and the last Council meeting and how instead of staying for the meeting, they left as soon as what concerned them was done.

Board Member Debbie Boyle advised the council that the Board did not know about the Administrative cuts.   Also, she indicated her desire to attend the budget meetings but was not informed or invited to them.

Mr. Anesh assured Mrs. Boyle that the invitation was extended and everything was open.

Mr. Rusnak added that he asked questions in order to help make an informed decision.  He also stated that Mr. Cullen met with the Union representatives.

Jake Cataldo reminded the public that the residents, especially Seniors are hurting and cannot afford tax hikes.  He said there is obviously a lack of communication between the Superintendent and the Board which needs improving.  He added that the Mayor and council did a very good job with the cuts.

Diana Joffe asked if the Mayor and Council considered cuts to Administration, Vendors, etc.

Mayor Butrico closed the public portion of the meeting.

Mr. Bengivenga made the motion to amend Resolution # 10-138,  to stipulate that the reference to Support Services shall include any and all Administrative Staff, seconded by Mr. Rusnak and approved unanimously.

The Clerk read Resolution #10-138, as amended into the record.   Mr. Rusnak then made a motion to approve Resolution # 10-138 as amended; seconded by Mr. Bengivenga.

YES:  Anesh, Bengivenga, Buteas, Mcconville, Rusnak, Salerno

The Clerk read Ordinance # 1891 by title only on first reading as follows:

#1891 entitled:   Bond ordinance providing a supplemental appropriation of $122,000 for

               improvements to the Truck Bypass Route in and by the Borough of South

               Plainfield, in the County of Middlesex, New Jersey and authorizing the

               issuance of $115,000 bonds or notes of the borough for financing part of

               the appropriation.

               Mr. Anesh made a motion to approve the ordinance on first reading; seconded

               by Ms. Buteas.

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

Mr. Anesh made a motion to table Resolution # 10-137 until the public hearing on Ordinance # 1891; seconded by Ms. Buteas and approved unanimously.

Mr. Anesh made a motion to approve Resolutions 10-132 through 10-136;  seconded by Ms. Buteas which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-132

Authorization is granted to increase Senior Center Art Instructor Dorothy Miele’s pay rate by $5.00 per class to $25.00.

#10-133

WHEREAS, Our Lady of Czestochowa Church has requested the Mayor and Council to reduce the security costs for their Feast of St. Anthony by lowering the hourly cost for Police Service and by waiving the police vehicle and administrative fees; and

WHEREAS, the Feast has served as the parish’s main fund raising effort for more than 40 years and the cost of security services has had a significant impact on the parish’s ability to raise the needed income through the Feast;

NOW, THEREFORE BE IT RESOLVED by the Mayor and Borough Council that authorization is hereby given to waive the police vehicle and administrative fees for the 2010 Feast of St. Anthony;

BE IT FURTHER RESOLVED that the Governing Body will encourage the South Plainfield Police Department to take similar action and agree to reduce the hourly rate for their off duty police services at the Feast.

#10-134

WHEREAS, like most communities throughout the State of New Jersey,  local non-profit organizations are experiencing unprecedented financial difficulties in their fund raising efforts due to the current economic situation; and

WHEREAS, the Mayor and Borough Council recognize and appreciate the hardships our non-profits face and want to be of assistance in helping support their fund raising efforts; and

WHEREAS, our non-profit organizations serve a vital purpose within the Borough and provide valued services to our residents and institutions; and

WHEREAS, in a spirit of a community partnership, the Governing Body is seeking the cooperation and assistance of the South Plainfield Police Department in honoring the request of Our Lady of Czestochowa Church to reduce the hourly rate for security services for the Feast of St. Anthony Fair;

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield respectfully asks the members of the South Plainfield Police Department to agree to reduce the hourly rate for off duty security services to the Our Lady of Czestochowa Feast of St. Anthony.                                          

#10-135

WHEREAS, an application has been filed for a Place-to-Place Transfer of Plenary Retail Consumption License Number 1222-44-006-003, issued to Vito & Sons Inc. for premises heretofore located at 902 Oak Tree Avenue, South Plainfield, New Jersey; and 

WHEREAS, the submitted application form is complete in all respects, the transfer fees have been paid, and the license has been properly renewed for the current license term;

NOW, THEREFORE BE IT RESOLVED that the Governing Body of the Borough of South Plainfield hereby approves, effective May 10, 2010, the Place to-Place Transfer of the aforesaid Plenary Retail Consumption licensed premises, from its former location at 902 Oak Tree Avenue, South Plainfield, NJ 07080 to its expanded location at 902 Oak Tree Avenue, South Plainfield, NJ 07080, and does hereby direct the Municipal Clerk to endorse the license

certificate as follows: “This license, subject to all of its terms and conditions, is hereby transferred to expanded premises located at 902 Oak Tree Avenue, South Plainfield, NJ 07080.  

#10-136

WHEREAS, NextG Networks of NY, Inc. (“NextG”), a Delaware Corporation with offices located at 131-05 14 Avenue, College Point, New York 11356, is authorized to provide local exchange and interexchange telecommunications services throughout the State of New Jersey pursuant to an Order issued by the New Jersey Board of Public Utilities (“NJBPU”) in Docket No. TE04111434 dated February 5, 2005; and

WHEREAS, Next G has requested the consent of the Borough of South Plainfield’s (“Borough”) permission to occupy public rights-of-way within the Borough for an initial term of ten (10) years with three (3) successive five (5) year terms for the purpose of constructing, installing, operating, repairing, maintaining and replacing a telecommunications system; and

WHEREAS, the granting of such consent is and shall be conditioned upon NextG’s continued compliance with all existing and future ordinances of the Borough and its entering into the attached Agreement, which provides to inter alia, indemnify and hold the Borough harmless as to all claims and liabilities resulting from any injury or damage which may arise from the construction, installation, operation, repair, maintenance, disconnect, replacement and removal of its telecommunications system within certain public rights-of-way and provide liability insurance coverage for personal injury and property damage.

BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey:

      1.   That non-exclusive consent is hereby granted to NextG to occupy the public rights-of-way within the Borough for the purpose of construction, installation, operation, repair, maintenance and replacement of a telecommunications system for an initial term of ten (10) years with three (3) successive five (5) year terms.

      2.   The within granted permission is conditioned upon NextG entering into the attached Agreement with the Borough, and providing liability and property damage insurance.

The Mayor and Borough Clerk are hereby authorized to execute the attached Agreement.

A copy of this Resolution and the executed Agreement shall be filed in the Office of the Borough Clerk.

YES:  Anesh, Bengivenga, Buteas, Mcconville, Rusnak, Salerno

Mayor Butrico opened the meeting for public comment.

Debbie Boyle thanked the governing body for approving Ordinance #1891.  she also asked if the discount for off duty police can be extended to other non profits.

Michael English also thanked the Council for their vote on #1891 and also commended them for a great job on the School board budget.

Frank Mikorski echoed Mr. English’s comments.

Mr. Rusnak announced that the public should feel free to reach out to the Mayor and Council with any of their concerns.

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

Respectfully Submitted,

Joann L. Graf, RMC
Municipal Clerk