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Minutes from the October 18, 2010 Public Meeting                          

of the South Plainfield Mayor and Council

The meeting was called to order at 8:00pm 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,   Rusnak, and Salerno.  Mr. McConville was unable to attend.

Mr. Rusnak made a motion to accept the Council minutes of the October 4, 2010 Agenda and Public meetings; seconded by Mr. Bengivenga. 

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

Mayor Butrico issued two proclamations: Domestic Violence Awareness Month and Halloween 2010.

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

Frank Mikorski asked a follow-up question on Resolution # 10-282 inquiring what exactly Medco’s role is for the Borough.  Do they handle the claims or managing the plan.  Mr. Cullen replied that Medco actually dispenses the prescription as well as manage the plan.  They do not handle medical care.  He also supported the recommendation of the Library Study Committee expanding the present site. 

Mayor Butrico closed the public portion and called for Ordinance # 1904.

Clerk Graf read Ordinance # 1904 by title only for public hearing and final adoption as follows:

#1904 entitled: An Ordinance to amend Ordinance # 1622 and 1869, establishing the
rate of payment for police officers rendering service for private or quasi-public functions and compensation to police officers for service for private or quasi-public functions

WHEREAS, Ordinance # 778 adopted on July 10, 1978 by the Governing Body of the Borough of South Plainfield, also known as Section 48, Article III of the Code of the Borough of South Plainfield, provides the procedure and rate of pay for Police service for Private or Quasi-Public functions, and

WHEREAS, said ordinance was subsequently amended by Ordinance # 827, adopted on September 24, 1979, Ordinance # 878, adopted on April 13, 1981, Ordinance # 1348, adopted on March 7, 1994, Ordinance #1386, adopted on February 23, 1995, and
Ordinance # 1622, adopted on May 8, 2003, and Ordinance # 1869 adopted on
November 29, 2009; and

WHEREAS, pursuant to the Laws of the State of New Jersey, the Borough may enter
into an agreement whereby the off-duty assignment of police officers are arranged
through a contract between the municipality and the outside person or entity.

WHEREAS, the New Jersey Motor Vehicle Commission wishes to engage Off-Duty 
members of the South Plainfield Police Department to provide coverage of the MVC
Agency located at Golden Acres Shopping Center, Oak Tree Road, South Plainfield,
NJ 07080 under the Commission’s Law Enforcement Agency Security Enhancement
Program;

NOW THEREFORE BE IT ORDAINED by the Governing Body of the Borough of South Plainfield that Section 48-22 of the Code of the Borough of South Plainfield shall be amended as follows:

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The Motor Vehicle Commission shall engage the services of the South Plainfield Police Department to provide police off duty security.  The office duty work to take place at the Motor Vehicle Office located at Golden Acres Shopping Mall in the Borough of South Plainfield.  The agreed upon reimbursement rate is $42.00 per hour for each officer
along with a $2.23 Administrative Fee.   Total annual reimbursement to be $80,500.00.  
All sums shall be paid to the Treasurer of the Borough of South Plainfield and shall
become part of its general funds.

All other provisions of Section 48 will remain in effect.  This ordinance shall take effect after publication in accordance with the law.

Mr. Bengivenga made a motion to adopt Ordinance 1904; seconded by Mr. Rusnak.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1904.

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

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

Ms. Graf read Ordinance # 1902 by title only on first reading for introduction as follows:

#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 on first reading; seconded
by Mr. Rusnak.

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

Mr. Bengivenga made a motion to approve Resolutions 10-275 through 10-287, seconded
by Mr. Anesh which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-275

WHEREAS N.J.S.A. 40A:4-87   provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any municipality when such item shall have been made available by law and
the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS the Borough of South Plainfield has received a grant in the amount of
$4,757.74 from the New Jersey Division of Criminal Justice under the 2010 State Body Armor Replacement Fund program. 

NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of South Plainfield, in the County of Middlesex, New Jersey, hereby requests the Director of the Division
of Local Government Services to approve the insertion of an item of revenue in the budget of the
year 2010 in the sum of $4,757.74, which is now available as a revenue from the New Jersey
Division of Criminal Justice under the 2010 State Body Armor Replacement Fund program. 

BE IT FURTHER RESOLVED that one certified copy of this resolution be forwarded to
the Director of the Division of Local Government Services

#10-276

WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents
have overpaid their taxes and have requested refunds:

Block 248; Lot 1                                                                                            

John P. Quail

400 Cotton Street

South Plainfield, NJ   07080

$2,303.64

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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.

#10-277

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

have overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 222, Lot 10

Nelson & Ana Pereira

3169 Clark Lane

South Plainfield, NJ 07080                                                                                                                 

$1,820.08                                                                                            

VENDOR

Bank of America

WA-1-501-15-22

P.O. Box 3977

Seattle, WA 98124

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.

#10-278

Andrew Ruiz of Walnut Street is hereby appointed to fill a vacant seat on the Taxpayers Advisory Board, effective October 18, 2010, said term to expire on December 31, 2012.

#10-279

WHEREAS, the Borough of South Plainfield and the County of Middlesex previously
entered into an Inter-local Services Agreement for Paint Recycling; and

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

WHEREAS, Middlesex County will reimburse the Borough up to $180.00 per day to help offset the cost of manpower for  providing this service to the residents of Middlesex County;

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 for paint recycling for the
three (3) year period, January 1, 2011 through December 31, 2013.

#10-280

WHEREAS, on January 1, 2002, Middlesex County embarked on a new program to partially fund the proper removal of chlorofluorocarbons (CFCs) and other ozone depleting compounds from household appliances; and

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

WHEREAS, Middlesex County will reimburse the Borough up to 75% of the cost of each properly documented CFC recovery from a residential appliance;

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 for chlorofluorocarbon recovery from household appliances for the three (3) year period, January 1, 2011 through
December 31, 2013.

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#10-281

WHEREAS, the Borough of South Plainfield and the County of Middlesex previously
entered into an Inter-local Services Agreement for Hazardous Materials Cost Recovery Program; and

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

WHEREAS, Middlesex County will subtract a twenty percent (20%) administration fee
from any reimbursement vouchers that are returned to the Borough for payments
collected;

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 for Hazardous Materials Cost Recovery Program for the three (3) year period, January 1, 2011 through December 31,
2013.

#10-282

WHEREAS, the Borough of South Plainfield is in need of third party prescription services
as part of the Borough’s medical benefits; and 

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts as “Professional Services” without competitive bidding must be publicly advertised:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield as follows:

1. The Mayor and Municipal Clerk are hereby authorized to execute an agreement with

    Medco Health Solutions, Inc. for a period of three years effective November 1, 2010

    through October 31, 2013.

2. This contract is being awarded pursuant to a fair and open process in accordance with

    N.J.S.A. 19:44A-20.4 et seq.

3.  A copy of this resolution shall be published in The Observer as required by law within

    ten (10) days of its passage.

#10-283

WHEREAS, a request was made by Brad Bullard to hold a block party on Saturday,
October 30, 2010 on Nunnick Lane, from Sampton Ave to Ivy Street, during the hours
of 11:00am to 10:00pm; and

WHEREAS, Police, Fire and Rescue Squad have been notified and given their approval.  

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that permission to hold said block party is hereby granted; and

FURTHER BE IT RESOLVED that copies of this resolution be given to the Police Department, Fire Department, Rescue Squad, Department of Public Works, Emergency Management and the applicant.

#10-284

WHEREAS, the NJ Department of Labor and Workforce Development (LDW) sponsors
the Senior Community Service Employment Program “Workforce 55+”; and

WHEREAS, the Borough of South Plainfield has been invited to participate in the
program as a Host Agency; and

WHEREAS, participation in the Workforce 55+ program will provide the borough with
a staff member to supplement the current workforce at no cost to the borough;

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NOW, THEREFORE, the Borough Council of the Borough of South Plainfield hereby approves participation in the LDW Senior Community Service Employment Program “Workforce 55+”.

#10-285

Diane Stayvas is hereby appointed as a member of the Health Advisory Board, to fill the

vacancy created by the resignation of Mrs. Hylkema, effective immediately, said term to

expire December 31, 2012.

#10-286

Janice M. Campos is hereby appointed to fill the unexpired term of Dorothy Miele on the

Dismal Swamp Preservation Commission, effective immediately, said term to expire

12/31/14.

#10-287

Authorization is hereby granted for Cornerstone Architectural Services Group to provide professional services associated with the study of the current Library and its location
and to assess the feasibility of expanding the Library at its current location from 6,000 sq ft to 17,000 sq ft.  Cornerstone is to provide these services at a cost not to exceed $7,500.00. 

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

Mr. Bengivenga made a motion to accept the Correspondence per the list below;
seconded by Mr. Salerno:

1.      Monthly Recycling Report – September 2010

2.      Monthly Environmental Report – September 2010

3.      Environmental Commission Minutes – August 11, 2010

4.      Business Advisory Group Minutes – September 1, 2010

5.      Library Board Minutes – September 14, 2010

6.      Comcast: Announcement of advance security “bot protection”

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

Mr. Bengivenga made a motion to accept the Correspondence per the list below; seconded by Mr. Rusnak:

Current Fund - $155,384.38

Sewer Utility Operating Fund  -  $12,551.42 

        General Capital - $208,575.51

        Grant Fund - $3,651.22

        Treasurers Trust - $8,092.80

       TOTAL OF ALL FUNDS - $399,255.33

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

Borough Engineer Len Miller gave a Engineering summary report on the various current projects and other related matters. He announced that Middlesex County has confirmed that they will be milling and paving of So. Clinton Ave. Mr. Miller also reported JSM has
not responded on the West End Ave improvements.  The Mayor will meet with JSM on Wednesday.  Mayor Butrico asked about the meets and bounds for the Dismal Swamp Commission.  Mr. Miller will report back at the next meeting.

CFO/Administrator Glenn Cullen detailed Resolution # 10-284, the Workforce 55+
program which will provide staff to the borough’s workforce fully funded by the NJ Department of Labor and Workforce Development.  The Borough will be designated
a Host Community and receive 1 to 3 employees.

Mr. Bengivenga reported progress.

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Ms. Buteas began her report by thanking Andrew Ruiz for volunteering to serve on the Taxpayer Advisory Board.  She gave an update on the dredging of Spring Lake.  Ms.
Buteas announced that Ashley Robjohns, the 1^st place winner of the Women’s History Month Essay contest, will be bringing her essay into action by planning a trip with the Jerseyan Club. She reported that she, Mayor Butrico and Mr. Anesh attended another meeting in Trenton regarding the alternate truck route which was very productive.  She thanked Mr. Cullen for sending a letter to DOT about repairing the entrance area to
Route 287 where they staged their construction equipment.  Ms Buteas acknowledged
Mario Abbruzzese for all his hard work as the Property Maintenance and thanked him for
his thoroughness in staying on top of things even though he is on a restricted work schedule.  Ms. Buteas closed by announcing that planning has begun for the annual Christmas tree lighting ceremony at McCriskins and this year a breakfast with Santa is being added.  More details to follow.

Mr. Rusnak reported on the leaf bag and compactor coupon distribution at the DPW
building stating that the response has been good.

Mr. Salerno reported progress.

Mr. Anesh explained Resolution # 10-275 in greater detail.  He reported on Public Safety Day which was held on Oct. 16^th.  Mr. Anesh commented on the success of the Boy Scout Spaghetti Dinner at the Knights of Columbus as well as the Retirement Dinner held Oct. 14^th for Middle School Principal Steve Novak.

Mayor Butrico thanked all the members of the Library Feasibility Committee for their time and dedication on the committee.  He remarked that the members are a very cohesive
team and he would recommend that the Borough keep the committee in tack to assist in the other phases of the project.

Mayor Butrico opened the meeting for public comment. Seeing none, the Mayor 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