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Minutes from the November 8, 2010 Public Meeting                         

of the South Plainfield Mayor and Council

The meeting was called to order at 7:20pm 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, and Rusnak.  Mr. Salerno was excused due to family matter.

Mr. Bengivenga made a motion to accept the minutes of October 18, 2010 Agenda, Public and Executive meetings; seconded by Mr. Rusnak.

YES:          Anesh, Bengivenga, Buteas, Rusnak                             

RECUES:  McConville                                                                      MOTION CARRIED

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

Frank Mikorski asked for information on Correspondence # 1 from T & M Asso.

The Mayor summarized the matter for Mr. Mikors

The Mayor closed the public portion and called for Ordinance # 1902.

Clerk Graf read Ordinance # 1902 by title only for public hearing and final adoption as follows:

Ordinance # 1902 Entitled: AN ORDINANCE AMENDING ORDINANCE 1840 ENTITLED “AN ORDINANCE PROVIDING FOR THE LICENSING AND REGULATION OF CHARITABLE
CLOTHING BINS”

Mr. Bengivenga made a motion to adopt Ordinance # 1902; seconded by Mr. Rusnak.  The ordinance reads as follows:

            WHEREAS, the Borough of South Plainfield enacted Ordinance No. 1840 pursuant to the provisions of State statute N.J.S.A. 40:48-2.60, et seq., which provides that effective January 1, 2009, no person or entity can place a charitable clothing bin in a municipality without obtaining a permit complying with provisions set forth in said statute; and

            WHEREAS, there has been a proliferation of clothing bins throughout the Borough which
are not maintained, and which constitute a nuisance and/or blight upon the Borough;

            NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that Ordinance No. 1840 entitled “An Ordinance Providing for the Licensing and Regulation of Charitable Clothing Bins Pursuant to the Provisions of New Jersey Statute 40:48-2.60, et seq.” be amended as follows:

            SECTION 2(A)(1)(d)

            An expiring permit for a donation clothing bin may be renewed upon application for renewal and payment of the $25.00 fee.  Any such application for renewal shall include the location where the bid is situated as precisely as possible, and if the person intends the move it, the new location where the bin would be situated after the renewal is granted, and written consent from the property owner to place the bin on his/her property; the manner in which the person has used, sold or disbursed any clothing or other donations collected by the bin (to

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include the name and address of each and every person or entity that received clothing or other donations from the collection the prior year), the method by which the proceeds of collected donations have been allocated or spent, an accounting of the expenditure of proceeds of collected donations from the prior year, including the name and address of each person or entity that received any proceeds whether for expenses or as a donation, and any changes the person anticipates they
may make in these processes during the period covered by the renewal; and the name and telephone number of the bona fide office of any entity or person that shared or profited by any clothing or
other donations collected by the bin, and of any entities or person that may do so during the period
covered by the renewal.

            SECTION 2(A)(1)(e)

            The permit number, its date of expiration and destination of clothing (i.e., sale to textile
firms, distribution to people in need, etc.) shall be clearly and conspicuously displayed on the
exterior of the donation clothing bin. 

            SECTION 5 – LIMITATIONS ON NUMBERS AND LOCATIONS OF CLOTHING BINS.

A.                 Clothing bins may be placed only on property within those zones within the Borough
that have been designated for or allow business, commercial, industrial, religious or governmental use;

B.                  No more than three clothing bins (regardless of ownership) may be placed on any one
lot within the Borough, and must be placed in such a manner that they abut one another;

C.                All clothing bins must be located in such a manner that they do not reduce the number
of parking spaces required for the property below the minimum number of parking spaces required either by application of the parking requirements under the zoning ordinance, by a previously granted variance, by developer’s agreement, or otherwise;

D.                 Placement of clothing bins shall be such that they meet the minimum setback requirements for all accessory structures within the zone in which they are being placed, and otherwise meet all other zoning requirements for accessory structures within the
zone in which they are being placed;

E.                 There may be no more than three lots within any one zone upon which clothing bins
may be placed, and clothing bins may not be placed upon any lot within 1,000 feet of
a lot upon which one or more clothing bins exist; and

F.                 The Borough Clerk shall refer each application to the Zoning Office, which shall be responsible to confirm compliance with this Ordinance by each owner of a clothing bin.

G.               All penalties and remedies set forth in Ordinance 1840 shall be applicable to any
violation of the regulations set forth herein.

            After introduction, the Borough Clerk is hereby directed to submit a copy of the within Ordinance to the Planning Board of the Borough of South Plainfield for its review
in accordance

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with N.J.S.A. 40:55D-64.  The Planning Board is directed to make and transmit to the Borough Governing Body, within 35 days after referral, a report, including identification of any provisions in
the proposed Ordinance which are inconsistent with the Master Plan and recommendations
concerning any inconsistencies in any other matter as the Board deems appropriate.

            This Ordinance shall take effect immediately upon adoption and publication in accordance with the laws of the State of New Jersey.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1902.

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

Clerk Graf read Ordinance # 1905 by title only for public hearing and final adoption.

Mr. Bengivenga made a motion to adopt Ordinance # 1905 seconded by Mr. Anesh.  The ordinance reads as follows

BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey as follows:

WHEREAS, Ordinance # 1181, adopted on December 14, 1989 by the Governing Body of the Borough of South Plainfield, was enacted to prohibit commercial vehicles from parking on Leonard Avenue between Maple Avenue and Randolph Avenue; and

WHEREAS, it has been determined that the restriction set forth in Ordinance # 1181 is no longer warranted and should be lifted;

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of South Plainfield that Ordinance 1181 is hereby rescinded and the restriction lifted.

This amendment becomes effective after final adoption and advertisement in accordance
with the law.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1905

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, and Anesh      MOTION CARRIED

 Clerk Graf read Ordinance # 1906 by title only on first reading for introduction as follows:

#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.

Mr. Anesh made a motion to adopt Ordinance # 1906 on first reading; seconded by Mr. Rusnak. 

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

Clerk Graf read Ordinance # 1907 by title only on first reading for introduction 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

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Mr. Bengivenga made a motion to adopt Ordinance # 1907 on first reading; seconded by
Mr. McConville.  

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

Clerk Graf read Ordinance # 1908 by title only on first reading for introduction 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. McConville made a motion to adopt Ordinance # 1908 on first reading; seconded by
Mr. Rusnak.  

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

Mr. Anesh made a motion to approve Resolutions 10-288 through 10-293 and 10-296 through 10-299, seconded by Mr. Bengivenga which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-288

WHEREAS, L.N. Rothberg & Sons  has applied for a release of a performance bond posted for a road opening permit at Block 348, Lot 8 ( 510 Belmont Ave )

WHEREAS the Borough Engineer has certified the roadway restoration has be satisfactorily completed; and

WHEREAS the Borough Engineer has recommended that the road opening performance bond in the amount of $2,500.00 be released 

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be released. 

#10-289

authorization is hereby given to waive the Fire Permit fee of $42.00 for Sacred Heart Church to hold their annual Christmas Concert on November 28, 2010 in the church.

#10-290

authorization is hereby given to waive the Planning Board application fee of $100.00 and the Zoning fee of $25.00 for the installation of a generator at Our Lady of Czestochowa Church.

#10-291

authorization is hereby given to waive the Planning Board application fee of $100.00 and the Zoning fee of $25.00 for the installation of a generator at Our Lady of Czestochowa Church.

#10-292

authorization is hereby given for the waive the Chief Financial Officer to issue a refund check in the amount of $69.00 to Erminia Dunn for unused electrical fees.

#10-293

authorization is hereby given for the Chief Financial Officer to issue a refund check in the amount
of $43.00 to Leo Electric, 1302 Hamilton Blvd, South Plainfield, NJ 07080 for an overpayment of
an electrical inspection fee.

#10-295 – pulled

#10-296

WHEREAS, the South Plainfield Police Dept., Office of Public Safety solicited quotes from all eight official police towing companies for police vehicle towing service in 2011; and

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WHEREAS, only one towing company, Majestic Towing, submitted a bid to provide police vehicle towing service for calendar year 2011;

WHEREAS, it is the recommendation of the Traffic Safety Officer to appoint Majestic Towing as the official police vehicle towing company for 20011;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
Plainfield that authorization is hereby given to award a contract for police vehicle
towing to Majestic Towing at a cost not to exceed $35.00 per event

#10-297

the resignation of Rita Beckett as a member of the South Plainfield Cultural Arts
Council is hereby accepted, effective immediately.

#10-298

WHEREAS, by Resolution #07-1797, dated September 20, 2007, the County was
authorized to accept FY 2007 Pre-Disaster Mitigation Program grant from the Federal Emergency Management Agency (FEMA) for the development of a county wide all
hazards mitigation plan; and

WHEREAS, said plan was submitted to and approved by FEMA; and

WHEREAS, FEMA requires that each municipality in the County must formally adopt said Plan; and

WHEREAS, that adoption of said Plan is in the best interest of the residents of Middlesex County;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of South Plainfield does hereby adopt the Middlesex County Multi-Jurisdictional All Hazards Mitigation Plan;

BE IT FURTHER RESOLVED that the Municipal Clerk shall forward certified copies of this resolution to FEMA and the Mayors of each municipality in Middlesex County.  

#10-299

the resignation of Michael English from the Recreation Commission and also as member
and Chairman of the Ad Hoc Committee, is hereby accepted, effective immediately.

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

Mr. McConville made a motion to approve Resolution # 10-294; seconded by Mr. Rusnak:

#10-294

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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YES:  Anesh, Bengivenga, McConville, Rusnak             

NO:    Buteas                                                                                      MOTION CARRIED

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

1.  T & M Asso. regarding JSM @ West End Ave, LLC, Block 535, Lot 16

2.  Code Enforcement Report for October 2010

3.  Business Advisory Group Minutes for October 6, 2010

4.  Traffic Safety Advisory Commission Minutes for September 22, 2010

5. Comcast Price and Service changes and channel additions

6.  Letter of Resignation from Rita Beckett from Cultural Arts Commission

7. So. Plainfield Police Dept – RE: Police Vehicle Towing Service recommendation

8. Letter from Sacred Heart requesting waiver of fee for November 28^th concert

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

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

Current Fund - $1,245,962.19

Sewer Utility Operating Fund  -  $599.35 

        Pool Utility Operating Fund – $20,015.00 

        General Capital - $ 71,850.75

        Grant Fund - $37,608.45

        Election Account - $14,175.00

        Dog Trust - $43.20

       Treasurers Trust - $9,006.10

        Recreation Trust - $5,802.75

       TOTAL OF ALL FUNDS - $1,405,062.79

Turning to reports, Clerk Graf advised members of the Borough Council to review the TY2009 Audit in order to be prepared to accept the Audit and sign the Group Affidavit at the November 22^nd Council meeting.

Mr. Miller gave an update on the Energy Audit and the grant associated with it.

Mr. Cullen advised the Mayor and Council that he attended 2 meetings with PARSA and
was told to expect a double digit increase.  As he receives additional information, he
will forward it on to the governing body.

Mr. Rizzo reported that he has received two inquiries about purchasing borough property.  Mayor Butrico asked that they submit a formal written request for Economic Development
to review.

Mr. Bengivenga reported progress.

Ms Buteas congratulated the SPHS Girls Field Hockey Team on winning the GMC tournament.

She then commented on the September 20^th Council meeting recording and the fact that the public comment portion of that meeting was cut off.  Mr. McConville responded to the question since he was the person who provided the recorder.   He explained why the situation occurred and provided a new DVD to Ms. Dornick.

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Mr. McConville reported that he had received several complaints about excessive noise
from Aldi’s Market due to late night sweeping of the parking lot and delivery trucks at
odd hours of the night.  He also announced that the leaf pickup program began today.

Mr. Rusnak reported progress.

Mr. Anesh reported progress.

Mayor Butrico commented on his participation, along with Mr. Anesh and Ms. Buteas, at
the Tiger Sharks Dunk Tank and had a lot of fun.  The Mayor had a meeting with the Redeveloper for the Hamilton Blvd/Cornell site and ironed out issues with the roadway.  They agreed to assume one half of the cost of the road and one half of the condemnation cost of the road and other items as listed on page 6 of agreement.  The expected cost for the borough should be approximately $300,000.  Mayor Butrico next reviewed the PARSA meeting and the problem of flooding overflow and the belief that the problem stems from residents’ sump pumps emptying into the sanitary sewer.  The Mayor requested Mr. Rizzo
to look into the matter further.

Mayor Butrico opened the Public portion of the meeting.

Les Bergan commented on the sump pumps and also asked about the status of Progresive Insurance.

Jake Cataldo commented on the long standing flooding problem around Barone Ave.  He also asked for a status on the suburban Bus project.

Mr. Bengivenga responded and explained that Mazer Engineering is waiting on the well
test results.

Nancy Grennier asked for an update on the website plan.  She also spoke about the
taping issue discussed earlier and suggested that the borough install an internal
recording system operated by the Borough.

Anthony Barile spoke about dredging the Bound Brook and she reported that Holy
Redeemer has been moving dirt to the far side of their property near the swamp. 
He also asked if the Auxillary Police program is being considered.

Mayor Butrico closed the public portion and called for a motion to adjourn. So moved by
Mr. Bengivenga and seconded by Mr. Rusnak.

Respectfully submitted,

Joann L. Graf  

Joann L. Graf, RMC
Municipal Clerk