Minutes from the May 17, 2010 Public Meeting                                 
of the South Plainfield Mayor and Council

The meeting was called to order at 7:30pm 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 Agenda, Public and Executive Minutes of May 3 and the Public minutes of May 10, 2010, seconded by Mr. Salerno

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

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

Jake Cataldo asked for clarification of Resolution #10-139. Mayor Butrico explained that Mazur Engineering had been appointed to perform the work on this project.  He then asked for the location of the Right of Entry agreement.

Frank Mikorski asked why Ordinance # 1892 was necessary since the budget will not exceed the Cap.  It was explained that it was standard procedure to include this ordinance in the budget process and to establish the Cap Bank. He also asked about the change to Resolution # 10-141.  The Mayor and Mr. Cullen explained the reasons for the change.

Mayor Butrico closed the public portion and called for the introduction of the CY2010 Municipal budget.   Mr. Rusnak, Chairman of the Administration and Finance Committee, gave an overview of the  process utilized to develop this budget and pointed out several significant items that impacted the budget.  He stated that the budget is a work in progress and that the Council will meet with the Dept. Heads on June 9^th & 10^th to review each department’s expenses.  At this point, the 2010 tax bill will be less than in 2009.   On a home assessed at $122,000 the tax will be approx. $180 lower.

Mayor Butrico commented on the budget figures and pointed out that in the prior years  , there was a major skewing of the tax levy between 3^rd/4^th quarter 2008 when $5 million was collected and 1^st/2^nd quarter of 2009 when $11 million was collected.  He continued by comparing the total tax needed – the 2009 budget called of $16,505,438 in taxes collected vs $17,528,833 in 2010.

Mr. Anesh called for the creation of a Budget Committee comprised of Mr. Rusnak, Mr. Anesh and Ms. Buteas, suggesting that the budget could use new eyes to give a fresh perspective.

Ms. Buteas stated that she and the other Council members all made suggestions months ago and although she is always happy to serve on a committee, she questioned the need of a committee and the possible duplication of effort.  She added that she would like to see a committee formed for the Library project.

Mayor Butrico agreed but would like to see the Library Committee to be comprised of a more diverse group of members.

Mr. Anesh made a motion to introduce the CY2010 budget; seconded by Mr. Salerno.

The Clerk began to record the vote but was interrupted by one council member questioning another council member’s vote after which the clerk called a point of order and the vote continued.

YES: Anesh, Bengivenga, McConville, Rusnak, Salerno

NO:   Buteas

Clerk Graf read Ordinance # 1892 by title only for introduction as follows:

 #1892 entitled: An ordinance to exceed the Municipal Cost of Living Allowance and to

  establish a CAP Bank when the COLA is equal to or less than 2.5% in

  accordance with N.J.S.A. 40A:4-45.14.

Mr. Bengivenga made a motion to approve Ordinance # 1892 on first reading; seconded by Mr. Salerno.

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

Mr. McConville made a motion to approve Resolutions 10-108 through 10-116, seconded by Mr. Rusnak which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-139

WHEREAS, it has been determined that the former Suburban Bus Company on New Market Avenue is in need of a remediation investigation to address hazardous environmental conditions on site; and

WHEREAS, the Borough of South Plainfield applied for and has received a grant award in the amount of  $111,609.00  from NJ DEP Hazardous Discharge Site Remediation Fund, Application # P30062, to fund the planned remediation investigation;

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

the governing body does hereby authorize the acceptance of this grant award to fund the remediation project of the former Suburban Bus Company property.

#10-140

The Mayor and Municipal Clerk are hereby authorized to execute an professional service agreement with Garden State Fireworks, Carlton Road, Millington, NJ 07946 for the 2010 Labor Day fireworks display at a cost not to exceed $13,000.00.

#10-141

WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have been overbilled for sewer due to an erroneous reading from the water company; and therefore, their  bill shall be adjusted accordingly:

OWNER/ADDRESS

Block 528.01, Lot 46

Bell Atlantic – Tax Department / Verizon

6000 Hadley Road

South Plainfield, NJ 07080                                                                                                                 

- $58,574.24                                                                                                                            

* No refund check to be issued.  Adjustment will be applied to current period.

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield that the Chief Financial Officer is hereby authorized to adjust bill by amount(s)

as mentioned above.

#10-142

WHEREAS, N.J.S.A. 40A:4-8 provides that the budget may be read by title only at the time of the public hearing, providing that at least one week prior to the date of the hearing, a complete copy of the approved budget as advertised has been delivered to the South Plainfield Library, posted in the Municipal Building, with copies available to any persons requesting same; and 

WHEREAS, the Municipal Clerk has fulfilled her responsibilities of insuring the availability of the Municipal budget to the public;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the  CY 2010 Municipal Budget be read by title only.

#10-143

WHEREAS, N.J.S.A. 40a:4-19 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 years 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.

#10-144

Authorization is hereby granted for the Mayor and Municipal Clerk to execute a Right of Entry Agreement with the Middlesex County Mosquito Extermination Commission thereby granting permission to the Commission to cut such necessary trees and vegetation or the removal thereof as may be necessary to properly perform designated drainage restoration.

#10-145

Authorization is hereby granted to waive the Zoning permit fee of $25.00 and the building permit fees of $85.00 for the replacement of steps at Pilgrim Covenant Church’s Parsonage at 405 Pierce Street, South Plainfield, NJ.

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

Mr. Anesh made a motion to accept the correspondence as listed below, seconded by Mr. Salerno:

1.      Middlesex County Div. of Solid Waste: Notice of Public Hearing on Solid Waste Management Plan

2.      Environmental Dept. Monthly Report for April 2010

3.      Business Advisory Group:  minutes of April 7, 2010

4.      Recycling Monthly Report for March 2010

5.      Code Enforcement Monthly Report for April 2010

6.      Standard & Poors: Credit Rating Upgraded

7.      Library Board Minutes of April 13, 2010

8.      Philip Russo:  Letter of Intent to retire effective July 1, 2010

9.      Comcast: Network enhancement notice

10.  PSE&G: Notice of change in Service Representative

11.  Middlesex County Planning Board Minutes of April 13, 2010

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

Mr. Salerno made a motion to approve the payment of bills as listed below, seconded by Mr. Anesh.

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

Mr. Cullen reported that he received a letter from PSE&G regarding the switch from Mercury Vapor to Invection type at a saving of $18,000 per year to the borough.  Mayor Butrico asked to add it to correspondence for the next meeting and just keep on top of the project.  Mr. Cullen also mentioned the improvement of our Standard & Poors credit rating to a pure AA.

Mr. Bengivenga reported progress.

Ms. Buteas commented on the Elks fundraiser this past week.  She announced the upcoming summer internship program.  She also reported on the fund raising efforts for the Parade costs.

She recognized Petro Solar for their contribution of $1200.00 toward the cost of food for volunteers who work the whole day on the events.  Ms. Buteas also reported that the Economic Development Committee is making progress on the new Welcome packets.

Mr. McConville thanks those involved with the development of the budget.

Mr. Salerno thanked Mr. Cullen for his efforots that resulted in the improved credit rating with Standard and Poors.

Mr. Anesh reported that the PBA has been considering OLC’s request for relief on security costs for the Feast.  They are submitting a proposal to help reduce their cost. He thanked Nancy Grennier and the Observer as well as Hometown Hero for sponsoring the Junior Journalist program and another successful year.   He also commented on the Education Asso. Wine Tasting and how well attended it was.  Mr. Anesh also reported that the borough is showing a 79% response to the 2010 Census.

Mayor Butrico thanked the Observer and Hometown Hero for their support of the Junior Journalist program.   The Mayor reported that he met with Main Street Social and we can expect the plan to be submitted shortly.  The Mayor also questioned a letter that was sent out requiring that a Fire Official be on hand at the track meet at Jost Field.  Mr. Anesh will look into it.

Mayor Butrico opened the meeting for public comment.

Emergency Management Coordinator Mike Zushma reported that he had met with FEMA regarding reimbursement from the recent floor.  Another meeting is set for this Friday.  He also announced that a new flood map will be adopted in July and the new map has 48 homes being removed from the flood zone but 64 will be included in the new map.  He gave a letter and website for people to access the map and the status so individuals can look up their own properties to see if they are affected.  He asked for help in getting the word out.  Mr. Zushma is also working on new grants.

Michael English suggested that the Council consider approaching the budget as a Committee of the Whole with the Dept. Heads coming in to brainstorm.  He also questioned if a breach of ethics was committed in regard to the Board of Ed President being involved in any way with the selection of Sodexho as the winning bidder.

Les Bergen asked for a status of the Verizon lines at the extension and was told that the plan is back to overhead wires instead of under ground.

Carl Niper of Pitt Street complained about noxious fumes created when the ponytail fields were sprayed.

Nancy Grennier advised that she was able to register her vonage phone # with the reverse directory system.

Debbie Boyle offered her thanks and congratulations to Nancy Grennier for the success of the Junior Journalist program.  She also urged the Council to keep the lines of communications open with the Board of Ed.

Suzanne Lee of Wood Ave made the Council aware of an unsafe situation at the house on Plainfield Ave that is set to be demolished and new homes built on the site.  She complained of rat infestation in the carriage house and general property maintenance. Code Enforcement is aware of the problems and is working on it right now. The Board of Health will also be notified.

Derryk White thanked the governing body for their bi-partisan support with the School Board budget and for Mayor Butrico and Mr. Bengivenga’s joint comments at the Board of Ed meeting.

Frank Mirkorski also thanked the Mayor and Council for their great bi-partisan efforts with the School budget.  He again emphasized that the Capital Reserve comes from surplus and should go back to surplus and not be reserved.  He also expressed his appreciation for the funds coming from FEMA.

Mayor Butrico closed the public portion and called for a motion to adjourn.  so moved by Mr. Anesh and seconded by Mr. Rusnak.  Before the Council adjourned, Mr. Cullen asked the Council to change the public hearing on the budget to June 28^th due to a schedule conflict.   Mr. Bengivenga made a motion to add a special meeting for June 28^th  to hold the public hearing and adopt the CY2010 Municipal budget; seconded by Mr. Anesh and approved unanimously.

The meeting adjourned at 8:30pm.

Respectfully Submitted.

Joann L. Graf, RMC
Municipal Clerk