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Minutes from the November 22, 2010 Public Meeting                                  

of the South Plainfield Mayor and Council

The meeting was called to order at 7:45pm 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: Bengivenga, Buteas, McConville, Rusnak, Salerno and Anesh.

Mr. Bengivenga made a motion to accept the minutes of November 8, 2010 Agenda and Public meetings; seconded by Mr. Rusnak.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak

RECUES:   Salerno                                                                           MOTION CARRIED

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

Frank Mikorski commented on Resolution # 10-309 and expressed hope that this action by the police will set a precedent for future fairs at OLC.

Mayor Butrico closed the public portion and called for the introduction of Ordinance #1906.

Clerk Graf read Ordinance # 1906 by title only for Public Hearing and final Adoption.

#1906 entitled:  An ordinance requiring the retrofitting of existing storm drain inlets so

as to protect public health, safety and welfare, and to prescribe penalties for the

failure to comply.

WHEREAS, the Borough Engineer has recommended that Chapter 403 of the Code of the Borough of South Plainfield entitled Stormwater Management be amended to add regulations concerning
private storm drain inlet retrofitting as required as part of the Borough’s New Jersey  Department of Environmental Protection Stormwater Permit; and

WHEREAS, this Ordinance shall be enacted simultaneous and in conjunction with Ordinance No. 1907;

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that Chapter 403 of the Code of the Borough
of South Plainfield, Stormwater Management, be amended as follows:

            Current Sections 403-4 (Exception to Prohibition); 403-5 (Enforcement); and (Violations and Penalties) shall be renumbered as Sections 403-6 (Exception to Prohibition); 403-7 (Enforcement);
and 403-8 (Violations and Penalties);

ADD:  SECTION 403-4.   PRIVATE STORM DRAIN INLET RETROFITTING.

A.        Purpose.

To require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of South Plainfield so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.         Definitions.

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning.  When not inconsistent with the context, words used in the present tense include the future, words used in the plural number
include the singular

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number, and words used in the singular number include the plural number.  The
       word “shall” is always mandatory and not merely directory.

1. Municipal separate storm sewer system (MS4)– a conveyance or system of
   conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or
   operated by the Borough of South Plainfield or other public body, and is designed
   and used for collecting and conveying stormwater. 
2. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
3. Storm drain inlet- an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
4. Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C.        Prohibited Conduct.

No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

1.       Already meets the design standard below to control passage of solid and floatable materials; or

2.       Is retrofitted or replaced to meet the standard in Section V below prior to the completion of the project.

D.        Design Standard.

Storm drain inlets identified in Section B above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Section D(1) below.

1.       Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

a.        The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

b.       A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.

2.       Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

3.       This standard does not apply:

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a.        Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;

b.        Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i.                     A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for               outfall netting facilities); or

ii.                   A bar screen having a bar spacing of 0.5 inches.

c.         Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars; or

d.        Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

E.        Enforcement.

  This ordinance shall be enforced by the Borough Police Department and/or the            Construction Official of the Borough of South Plainfield.

F.         Penalties.

  Any person(s) who is found to be in violation of the provisions of this ordinance            shall be subject to a fine not to exceed $1,000.00 for each storm drain inlet
          that is not retrofitted to meet the design standard.

G.        Severability.

  Each section, subsection, sentence, clause and phrase of this Ordinance is
          declared to be an independent section, subsection, sentence, clause and
          phrase, and the finding or holding of any such portion of this Ordinance
          to be unconstitutional, void, or ineffective for any cause, or reason, shall
          not affect any other portion of this Ordinance.

H.        Effective date.

              This Ordinance shall take effect upon final passage and publication in accordance with
            New Jersey law.

          Mr. Bengivenga made a motion to approve Ordinance # 1906 on first reading,
          seconded by Mr. Rusnak.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1906.

There were no public comments so Mayor Butrico closed the Public Hearing and called for

a vote on the ordinance.

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

Ms Graf read Ordinance # 1907 by title only for Public Hearing and final adoption as follows:

#1907 entitled:  An ordinance requiring dumpsters and other outdoor refuse containers to

be covered at all times and prohibits any discharge from the containers to the

municipal separate storm sewer system, and to prescribe penalties for the failure to

comply.

WHEREAS, the Borough Engineer has recommended that Chapter 403 of the Code of the Borough of South Plainfield entitled Stormwater Management be amended to add regulations

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requiring dumpsters and other refuse containers, which are outdoors or exposed to stormwater be covered at all times as required as part of the Borough’s New Jersey  Department of Environmental Protection Stormwater Permit; and

            WHEREAS, this Ordinance shall be enacted simultaneous and in conjunction with Ordinance No. 1906;

            NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that Chapter 403 of the Code of the Borough of South Plainfield, Stormwater Management, be amended as follows:

ADD:  SECTION 405.   REFUSE CONTAINERS/DUMPSTERS.

A.        Purpose.

To require dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times and prohibit the spilling, dumping, leaking, or other discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of South Plainfield and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

B.        Definitions.

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning.  When not inconsistent with the
context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number.  The word “shall” is always mandatory and not merely directory.

1.     Municipal separate storm sewer system (MS4) – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is
owned or operated by Borough of South Plainfield or other public body, and is designed and used for collecting and conveying stormwater. 

2.     Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

3.     Refuse container – any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

4.     Stormwater – means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

5.    Waters of the State – means the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

C.          Prohibited Conduct.

Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.

Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Raritan.

D.        Exceptions to Prohibition.

1.       Permitted temporary demolition containers

2.       Litter receptacles (other than dumpsters or other bulk containers)

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3.       Individual homeowner trash and recycling containers

4.       Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit

5.       Large bulky items (e.g., furniture, bound carpet and padding, white goods placed curbside for pickup)

E.        Enforcement.

This ordinance shall be enforced by the Police Department and/or the Construction           Official of the Borough of South Plainfield.

F.         Penalties.

Any person(s) who is found to be in violation of the provisions of this ordinance shall           be subject to a fine not to exceed $1,000.00.

G.        Severability.

Each section, subsection, sentence, clause and phrase of this Ordinance is declared
to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this Ordinance to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this Ordinance.

H.        Effective date:

            This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

Mr. Bengivenga made a motion to approve Ordinance # 1907 on first reading, seconded by Mr. Anesh.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1907.

There were no public comments so Mayor Butrico closed the Public Hearing and called for
a vote on the ordinance.

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

Ms Graf read Ordinance # 1908 by title only for Public Hearing and final adoption as follows:

#1908 entitled: An ordinance amending and supplementing Ordinance #1278 entitled: “The

  Zoning Ordinance of The Borough of South Plainfield, 1992”, regarding

  billboards.

Mr. Bengivenga made a motion to approve Ordinance # 1908 on first reading, seconded by Mr. Anesh.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1908.

Mr. Louis D’Arminio of Price, Meese, Shulman and D’Arminio spoke on behalf of his clients  Exec Commercial Group and Allied Developers LLC.  He was concerned with whether the Planning Board was included in the decision making on the ordinance to which Mayor Butrico clarified their role and input.  Although the client is in favor of the ordinance, Mr. D’Arminio presented several items of concern including 1000’ spacing of signs, height of sign, and a residential buffer.    

The client Mr. Ashoak Shah also addressed the Council expanding on Mr. D’Arminio’s no public comments so Mayor Butrico closed the Public Hearing and called for a vote on the ordinance.comments and emphasized that the signs are an important source of revenue in these difficult times.

Mayor Butrico explained the Borough’s position citing that the ordinance insures the greater good of the community including minimizing the visual impact on the residents

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Borough Attorney Paul Rizzo added that the borough is not now banning billboards.  That is not what the ordinance does.  It sets the ground rules for future applicants.

Jake Cataldo pointed out that billboards are just money makers and have no value to the community and are ugly.  He supports the ordinance.

Paul McCullen also stated his support for the ordinance while emphasizing the aesthetic 

John Colasanti of Liquid Assets was concerned about Supp. # 6 pertaining to Gentlemen’s Club.  Mayor Butrico explained that the ordinance does not apply to existing billboards.

With no further public comment, Mayor Butrico closed the Public Hearing and called for a vote on the ordinance.

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

Mr. Anesh made a motion to approve Resolutions 10-295 and 10-300 through 10-312, seconded by Mr. Bengivenga, all of which begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-295

WHEREAS, a vacancy exists at the Recycling Center and the Borough will need a replacement groundskeeper to fill the position of Dan Adams; and

WHEREAS, it is the recommendation of the Recycling Program Coordinator to hire

Edward Marski to fill the vacancy, effective November 23, 2010;

NOW, THEREFORE, IT IS HEREBY RESOLVED that the South Plainfield Borough Council hereby appoints Edward Marski,, 140 Front Street, South Plainfield, NJ 07080

to the position of part time groundskeeper, effective November 8, 2010, at a rate of
$11.07 per hour, excluding benefits.

#10-300

WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1
et seq., and specifically N.J.S.A. 40A:12A-4 and -8, the Borough of South Plainfield (“Borough”), acting through the Borough Council, may exercise all powers, duties and functions relating to redevelopment, which powers include contracting with redevelopers
for the planning, replanning, construction, or undertaking of any project or redevelopment work under N.J.S.A. 40A:12A-8.f; and

WHEREAS, by Ordinance No. 1597, dated July 15, 2002, the Borough adopted the Redevelopment Plan for the Designated Redevelopment Area in the Vicinity of the
Hamilton Boulevard Industrial Site, (“Redevelopment Plan”), providing a conceptual plan
for the mixed commercial redevelopment of the Hamilton Boulevard Industrial Site (“Redevelopment Area”); and

WHEREAS, by Resolution dated December 6, 2004, the Borough designated Denholtz SP LLC (“Redeveloper”) as the conditional redeveloper of a portion of the Redevelopment Area consisting of Block 256, Lots 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 and 13 as formerly designated on the official tax maps of the Borough (the “Project Site”) for the purpose of entering into a redevelopment agreement setting forth the mutual rights and obligations of the Borough and the Redeveloper with respect to the Redeveloper’s proposed development of the Project Site; and

WHEREAS, the Borough subsequently entered into an agreement with Redeveloper
entitled “Redevelopment Agreement for the Hamilton Boulevard Industrial Site in the Borough of South Plainfield, Middlesex County, New Jersey,” dated as of August 18, 2005 (“Redevelopment Agreement”), setting forth the terms and conditions for Redeveloper’s implementation of the Redevelopment Plan on the Project Site; and

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WHEREAS, by Ordinance No. 1903, duly adopted by the Borough Council on September
20, 2010, after review and recommendation by the Planning Board, the Borough adopted
an Amended Redevelopment Plan for the Hamilton Boulevard Industrial Site (“Amended Redevelopment Plan”) in response to changed conditions in the Redevelopment Area and
in the local and national economy and also to conform the Redevelopment Plan to Redeveloper’s modified development proposal; and

WHEREAS, Redeveloper has requested amendment of the Redevelopment Agreement to update the parties’ rights and obligations and conform them to the Amended Redevelopment Plan; and

WHEREAS, the Borough’s redevelopment counsel has negotiated a proposed Amendment
to Redevelopment Agreement setting forth these modifications, a form of which is
attached to this Resolution; and

WHEREAS, the Borough Council has considered the proposed form of Amendment to Redevelopment Agreement and finds that it furthers the Borough’s interest in carrying
out the Redevelopment Plan and is consistent with the public purposes that the Redevelopment Plan addresses.

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

1.       The proposed form of Amendment to Redevelopment Agreement is
approved in substantially the form attached hereto.

2.       The Mayor is authorized to execute the Redevelopment Agreement in substantially the form attached hereto, along with any other documents and/or
agreements necessary to implement the Redevelopment Agreement, as hereby amended,
in accordance with the Redevelopment Plan and in form satisfactory to the parties. 

3.       This resolution shall take effect immediately.

#10-301

A South Plainfield Facebook and Twitter pages shall be established, which purpose shall
be exclusively for the benefit of the Borough of South Plainfield and its citizens, and the following regulations shall apply:

1.                Visitor posting shall not be permitted;

2.                The Borough Administrator shall control all access to any posting rights; and

3.                The only items to be posted shall pertain to the business of the Borough of      South Plainfield, and shall be similar to those items currently allowed to be    posted on the Borough’s website.

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield does hereby authorize the establishment of a Facebook page and a Twitter page dedicated to municipal business.

#10-302

authorization is hereby given to waive the Fire Permit fee of $42.00 for South Plainfield High School
to hold their annual Bonfire on the evening of Wednesday, November 24, 2010 on the High School grounds.

#10-303

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

have overpaid their sewer and have requested refunds:

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Block 302; Lot 1; Qual C0008 & 9 aka 2300 South Clinton Avenue                                           

Ronald Morris

4 Carrie Far Court

Scotch Plains, NJ   07076

$2,777.78

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.

#10-304

WHEREAS, the Governing Body of the Borough of South Plainfield has entered into a contract with Stilo Excavating for a project entitled “Improvements to Cherry Street”; and

            WHEREAS, the Governing Body of the Borough of South Plainfield would like to extend the limits of the project to include installation of three (3) speed tables on Walnut Street; and

            WHEREAS, the work will be performed as follows:  The installation of three (3) speed tables on Walnut Street in accordance with the unit prices in the contract for a price not to exceed $14,425.00; and

            WHEREAS, funds are available in bond ordinance #1890

            NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that authorization is hereby given to extend the scope of the project to include installation of three (3) speed tables on Walnut Street, including all work and materials necessary therefore and incidental thereto.

#10-305

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

overpaid their sewer and have requested refunds:

Block 446; Lot 6

Account # 6704

Richard & Jo Ann Anthony

c/o J. Anthony Equipment

4201 South Clinton Avenue

South Plainfield, NJ 07080                                                                                                               

$2,849.06                                                                                                                                

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.

#10-306

authorization is hereby given to waive the Fire Permit fee of $42.00 for Kennedy Elementary School
to hold a Vendor Craft Fair inn the school auditorium on Thursday, November 18, 2010 from 4pm
to 10pm.

#10-307

WHEREAS, the Borough of South Plainfield has entered into a Contract with Stilo Excavating of South Plainfield for the Cherry Street Improvements Project, in the amount
of $174,394.00; and

WHEREAS, T & M Associates, Engineers for the project, in a memorandum dated
November 12, 2010  recommends approving construction Change Order No. 1 for the
Cherry Street project, which has a net reduction of the Contract amount by $374.69 for
a revised Contract total amount of $174,019.32; and

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WHEREAS, the modification to the Contract as provided by Change Order No. 1 reflects adjustments to contract line items to as-built amounts as well as a supplemental line
item S-1 through S-5 to provide for the construction of three speed tables on Walnut Street; and

NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of South Plainfield does hereby authorize Change Order No. 1 for the Cherry Street Project

resulting in a reduction of $374.69 and a new contract total of $174,019.32.

#10-308

WHEREAS, the Borough of South Plainfield has entered into a Contract with Top Line Construction Corp. of Somerville for the New Market Resurfacing Project, in the amount of $374,882.90; and

WHEREAS, T & M Associates, Engineers for the project, in a memorandum dated September 14, 2010  recommended approving construction Change Order No. 1 for the
New Market Resurfacing Project, which has a net reduction of the Contract amount by $349.20 for a revised Contract total amount of $374,533.70; and

WHEREAS, the modification to the Contract as provided by Change Order No. 1 reflected adjustments to contract line items to as-built amounts as well as a supplemental line
item S-1   to provide for the resetting of new manhole castings; and

WHEREAS, in a memorandum dated November 12, 2010,  T & M Associates  recommended approving construction Change Order No. 2 for the New Market Resurfacing Project, which has a net reduction of the Contract amount by $775.74 for a revised Contract total amount of $373,757.96; and

WHEREAS, the modification to the Contract as provided by Change Order No. 2 reflects a  reduction of $36,318.60 for items 14 – 19 and increases of $35,542.86 for adjustments to contract line items 12, 13, 24, 26, 29, 31, 32, and 37 – 40 to as-built quantities as well as  supplemental line items S-2 through S-5;

NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of South Plainfield does hereby authorize Change Order No. 2 for the New Market Resurfacing
Project resulting in a reduction of $775.74 and a new contract total of $373,757.96.

#10-309

WHEREAS, on October 3, 2010, South Plainfield police officers were engaged to provide police security for the 5^th annual “Open Your Heart to Children Battling Cancer” Charity Motorcycle Run; and

WHEREAS, the contracted security detail totaled $384.00 and the Police Officers wish to donate their time for this worthy charitable cause to further assist in the fundraising
effort; and

WHEREAS, it is the recommendation of Chief James Parker that the security fee be  waived;

NOW, THEREFORE, the Borough council of the Borough of South Plainfield do hereby approve the recommendation and authorize the waiving of the police security fee of $384.00.

#10-310

WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have
made an annual audit of its books, accounts and financial transactions, and

WHEREAS, the Annual Report of Audit for the year TY 2009 has been filed by a
Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6,
and a copy has been received by each member of the governing body; and,

WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New
Jersey to prescribe reports pertaining to the local fiscal affairs; and,

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WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Comments and Recommendations, and,

WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and,

WHEREAS, such resolution of certification shall be adopted by the Governing Body no
later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and,

WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as
provided by the Local Finance Board, and

WHEREAS, failure to comply with the regulations of the Local Finance Board of the
State of New Jersey may subject the members of the local governing body to the
penalty provisions of R.S. 52:27BB-52, to wit:

R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con­viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office.

NOW, THEREFORE BE IT RESOLVED, that the Borough Council of the Borough of South Plainfield, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance.

#10-311

WHEREAS, in accordance with N.J.S.A. 40A:4-58 permits appropriation transfers during
the last two months of the fiscal year, for the purposes specified and in excess of sums appropriated in the Budget; and

WHEREAS, such transfers must be approved by a vote of not less than two-thirds of the full membership of the governing body.

NOW, THEREFORE, BE IT RESOLVED that the following transfers be approved in accordance with State Statute:

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#10-312

WHEREAS, the Borough of South Plainfield and the County of Middlesex previously
entered into an Inter-local Services Agreement for the Middlesex County Health Dept. to provide Municipal Health Services of a technical and professional nature

WHEREAS, both the Borough and the County wish to extend this Inter-local Agreement
for an additional three (3) years, January 1, 2011 through December 31, 2013; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that authorization is hereby given for the Mayor and Municipal Clerk to execute the Inter-local Services Agreement with Middlesex County to provide Municipal Health Services of a technical and professional nature for the three (3) year period, January 1, 2011 through December 31, 2013.

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

Mr. Bengivenga made a motion to accept the Correspondence as follows; seconded by Mr. McConville:

1.       Environmental Commission Minutes – September 8, 2010

2.       Environmental Department Monthly Report – October 2010

3.       Recycling Monthly Report – October 2010

4.       Middlesex County Planning Board Minutes – Sep. 14, 2010

5.       Middlesex County Planning Board Minutes – Oct. 12, 2010

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

Mr. Bengivenga made a motion to approve the Payment of Bills per the list shown below; seconded by Mr. Rusnak

Current Fund - $244,604.20

Sewer Utility Operating Fund  -  $6,548.64 

        Pool Utility Operating Fund – $295.00 

       General Capital - $174,883.27

        Grant Fund - $31,630.78

        Dog Trust -  $3,733.33

        Treasurers Trust - $415.93

        Recreation Trust  -  $5,291.82

       TOTAL OF ALL FUNDS - $467,402.97

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

Ms. Graf gave the Council the Group Audit Affidavit for their signatures certifying that have familiarized themselves with the contents of the 2009 Report of Municipal Audit filed with the Clerk pursuant to N.J.S.A. 40A:5-6 for the six month Transition Year 2009 and that they have personally reviewed and are familiar with, as a minimum, the sections of the Annual Report of Audit entitled “Comments and Recommendations.  She also advised the Council that the legal notices for the ordinances adopted tonight will be advertised in the Courier on 11/24 since the Observer is off this week.

Borough Engineer Len Miller gave an update on the current engineering projects. A written copy was distributed to the governing body.

CFO/Administrator Glenn Cullen reported on the brook clean-up project near Grant Ave being conducted with the Middlesex County Mosquito Commission and a tributary further
up on Tompkins.  He also advised the Council that the PARSA has advised that the
borough can expect an increase of approx. 11% or $473,000 in our sewer fees.  Mr. Cullen reported a problem with sink holes and flooding in left field at the baseball field. He is looking into whether a drain can be installed to connect to the main thereby alleviating
the flooding. He also reported that the County has paved Oak Tree Ave from Woodland to McDonalds.

Mr. Bengivenga stated that he has received complaints about ADA ramps on South Clinton Ave where there are no sidewalks.

Mr. Miller clarified the ADA requirements applied due to the fact that Federal money was used in the project.

Mr. Bengivenga continued his report by reminding the Council of the Cappy Awards Dinner being held on November 27^th at the Senior Center and asked anyone planning to attend should email Kevin Hughes asap. Next he reminded the public that the annual UNICO pig roast will

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be Dec. 3^rd at 7pm at the Scotch Plains Italian American Club.  Mr. Bengivenga concluded by reporting that he made a spread sheet on all the appointments and the alternates on Planning and Zoning need to be corrected to a 2 year term. not 4 years.

Ms. Buteas thanks Clerk Graf for replacing the old flagpoles and flags in the Council chambers.  She also thanked those responsible for restoring the area next to the entrance to 287 on Durham Ave.  Ms. Buteas also thanked Fran Flannery and Debbie Boyle for escorting the SPHS Jerseyans Club on a trip to Paulsdale in Mt. Laurel.

Mr. McConville reported that he was a guest speaker at the Boy Scouts Citizenship class.  He also commented on the Elks breakfast event.

Mr. Rusnak reported that he had an initial meeting with both AFSME and the PBA as both have contract ending December 31, 2010.   He is hopeful to have negotiations completed shortly.

Mr. Salerno reported progress.

Mr. Anesh reported that he held another Chiefs meeting in preparation for 2011 and discussed Tabletop Exercises based on real events in town which they feel will keep the momentum going.  He also reported a complaint to Traffic Safety from a resident near Liberty Apparel about trucks making wide turns and running over curbs and grass.  Lt. Murtagh will forward his recommendations shortly.  Mr. Anesh asked Mr. Cullen to act on the Facebook resolution asap.

Mayor Butrico commented on the Veterans’ Day ceremonies he attended and expressed his gratitude to all the Veterans for their service and sacrifice.

With no other business, Mayor Butrico opened the meeting for public comment.

Robert Speigel of the Dismal Swamp Preservation Commission addressed the governing body in reference to the Commission and distributed a map of the swamp in So. Plainfield.  He requested that the Council prepare their meets and bounds to indicate the area within the DSPC’s jurisdiction.

Mayor Butrico advised Mr. Spiegel that the borough is not going to relinquish of the area
he suggested.  Nothing north of Hollywood Avenue will be included.  He said he will have something put together shortly.

Mr. Spiegel asked if the Adams Farm section could be included within the DSPC’s jurisdiction.

Jake Cataldo questioned Mr. Spiegel about his credentials but Mayor Butrico stopped the questions saying that the questions were irrelevant to the topic.

Paul McCullen thanked the Council for the speed humps on Walnut Street and asked whether pedestrian signage would be considered.

Mr. Mikorski asked who we are talking about when the terms “We”, “I”, and “Our” were
used in Mr. Spiegel’s presentation.  He agreed with Mayor Butrico’s comment that the borough will not surrender our opportunity to do our own long range planning.  The
borough is all for the environment but there needs to be a balance.

In reference to the Suburban Bus property, Mr. Mikorski requested that there be reconciliation.

What did it cost to purchase the property? What did it cost to demolish and clear the
site?  What is the cost to remediate?

Mr. Bengivenga explained the process and is waiting for the Environmental Engineer,
Maser Engineering, to give their final report.  He is hoping to have something shortly. 
Mr. Mikorski also asked for a status on the Decorative Lighting project.  Mr. Miller replied that they are hoping to see installation begin in a week or so.  PSE&G is doing the work.

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Mr. Mikorski concluded by urging the Council to stop rezoning (spot zoning) such as changing industrial property to residential zone like they did with Celebrations.

Les Bergen asked who is responsible for maintaining the decorative lights.  There is an obvious problem when lights don’t turn off in daylight.  Mayor Butrico explained the cause of the problem is the daylight cycle isn’t properly recognized and a filter needs to be applied.  Mayor Butrico asked Mr. Cullen to contact Riley’s.

Deb Bergen asked about the installation of a traffic signal at Woodland and Oak Tree Ave.  Len Miller explained that on the Edison side of the road, Edison still needs to acquire the Right of Ways before the light can be installed.

Mayor Butrico closed the public portion and called for a motion to adjourn.

Mr. Bengivenga made a motion to adjourn, seconded by Mr. Rusnak.

Respectfully Submitted,

Joann L. Graf

Joann L. Graf, RMC

Municipal Clerk