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Minutes from the October 4, 2010 Public Meeting                             

of the South Plainfield Mayor and Council

The meeting was called to order at 7:15pm 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, and   Rusnak.

Mayor Butrico issued a Proclamation recognizing Pancreatic Cancer Awareness Month.  Michael Weinstein accepted the proclamation on behalf of the Pancreatic Cancer
Association and commented briefly on his organization and their efforts on behalf of those afflicted as well as their family and support system.   He urged everyone to contact the congress members to urge greater financial support for research.

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

Michael English asked whether the jobs noted in Resolution # 10-273 were advertised to which he was told no.   He asked how those being hired were selected.

Mr. Cullen replied that they had applied for work and were interviewed by himself and
Supt. Capparelli and most were returning summer employees.

Jeffrey Williams asked about the effect of the recently announced cuts and their effect
on the Cherry Street project.   It was reported that the funds were re-instated so Cherry Street is safe to proceed.

Paul McCullen asked whether the Borough still had a garbage truck.

Frank Mikorski commented on Ordinance # 1904 and the $42.00 rate police accept for working at DMV at the Golden Acres Shopping Center suggesting that a similar rate
would be welcomed by OLC.

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

 Clerk Graf read Ordinance # 1904 by title only on first reading for introduction 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-pub

functions and compensation to police officers for service for private or quasi-public

functions

Mr. Anesh made a motion to approve Ordinance # 1904, seconded by Mr. Bengivenga.

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

Clerk Graf read Ordinance # 1905 by title only on first reading for introduction as follows:

#1905 entitled:  An ordinance rescinding Ordinance # 1181 entitled: An Ordinance

regulating parking on Leonard Street, in the Borough of South Plainfield

Mr. Anesh made a motion to approve Ordinance # 1905, seconded by Mr. Bengivenga.

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

Mayor Butrico called for a motion on the Resolutions.  Mr. Bengivenga asked to

separate Resolution 10-270 from the consent items.

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Mr. Anesh made a motion to approve Resolutions 10-267  - 10-269 and 10-271 through 10-274, seconded by Mr. Rusnak which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-267

WHEREAS, Daveco Industrial, LLC has applied for a release of a performance bond
posted for public improvements to Block 524, Lot 4.01 (Durham Ave); and

WHEREAS, the Borough Engineer has certified all required public improvements to the property have been installed; and

WHEREAS, the requirements and conditions of Borough Ordinance # 762 have been complied with as to filing and serving of notice; and

WHEREAS, the Borough Engineer has recommended that the performance bond in the
form of a Surety Bond in the amount of $8,199.00 and a Check in the amount of
$911.00  be released upon the posting of a two year maintenance bond in the amount
of $1,367.00 and the payment of any outstanding engineering escrow fees; and

WHEREAS, the Governing Body held a public hearing on Monday, October 4, 2010
and there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be
released upon the posting of a two year maintenance bond.

#10-268

WHEREAS, Layeg Amini has applied for a release of a performance bond posted for
public improvements to Block 404.04, Lot 1.02  (701 Tremont); and

WHEREAS, the Borough Engineer has certified all required public improvements to the property have been installed; and

WHEREAS, the requirements and conditions of Borough Ordinance # 762 have been complied with as to filing and serving of notice; and

WHEREAS, the Borough Engineer has recommended that the performance bond in the
form of a Check in the amount of $37,611.00  be released upon the payment of any outstanding engineering escrow fees; and

WHEREAS, the Governing Body held a public hearing on Monday, October 4, 2010 and
there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be
released upon the posting of a two year maintenance bond.

#10-269

WHEREAS, Antonio Fieri has applied for a release of a performance bond posted for
public improvements to Block 359, Lot 1  (1112 Belmont Ave); and

WHEREAS, the Borough Engineer has certified all required public improvements to the property have been installed; and

WHEREAS, the requirements and conditions of Borough Ordinance # 762 have been complied with as to filing and serving of notice; and

WHEREAS, the Borough Engineer has recommended that the performance bond in the
form of a Check in the amount of $22,217.50  be released upon the payment of any outstanding engineering escrow fees; and

WHEREAS, the Governing Body held a public hearing on Monday, October 4, 2010 and
there were no objections filed against the release of said bond.

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NOW THEREFORE BE IT RESOLVED that the above stated performance bond be
released upon the posting of a two year maintenance bond.

#10-271

authorization is hereby given to waive the Fire Permit fee of $42.00 for the St. Stephen Protomartyr Antiochian Orthodox Church Tricky Tray event to be held on October 23,
2010 from 6:00pm to 11:00pm in the church hall.

#10-272

the letter of retirement from Carmen Monticchio as Borough Hall custodian is hereby accepted, effective October 2, 2010.

#10-273

WHEREAS, a need exists to hire temporary seasonal employees for the Department
of Public Works;

WHEREAS, the Borough Administrator with the advice of the Superintendent of Public Works, shall have the authority to hire temporary help as needed;

NOW THEREFORE, the Borough Council of the Borough of South Plainfield hereby authorizes the hiring of seasonal employees for DPW on an as needed basis by the
Borough Administrator with the advice of the Supt. of DPW at a rate of $11.65 per hour, benefits excluded.

#10-274

Authorization is hereby granted for T & M Associates to perform engineering services associated with Construction Administration and Inspections for the Cherry Street
Project.  The cost of said services shall not exceed $15,000.00. 

YES: Bengivenga, Buteas, Rusnak, Anesh                                     MOTION CARRIED

Mr. Anesh made a motion to approve Resolution # 10-270, seconded by Mr. Rusnak as follows:

#10-270

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11 any expenditure of
public funds in excess of $26,000 requires the advertisement for proposals for delivery
of said goods or services; and

WHEREAS, a need has been determined for the collection of leaves during the months
of November/December; and

WHEREAS, bids were solicited and opened on Wednesday, September 29, 2010 and
the following picked up bid packages and submitted bids:

                         Pinto Brothers                         $37,400.00

                         Midco                                     $38,340.00

                         Central Jersey Waste               $49,700.00                           

WHEREAS, the bids have been reviewed by the Engineer and the Borough Attorney
and it is their recommendation  that the bid of Pinto Brothers in the amount of
$37,400.00 be accepted and a contract be awarded; and

WHEREAS, funds for said purpose have been certified by the Chief Financial Officer
and are available in the 

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 leaf
collection services for 2010 at a cost not to exceed $37,400.00.

FURTHER BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized
to execute the necessary agreement with Pinto Brothers, the lowest responsible bidder
for the project.

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 RECUSE :  Bengivenga

 YES:           Buteas, Rusnak, Anesh                                     MOTION CARRIED                                

Mr. Bengivenga made a motion to accept the Correspondence as listed below; seconded
by Mr. Anesh:

1.       Planning Board Minutes – September 14, 2010

2.       Traffic Safety Advisory Commission Minutes – July 28, 2010

3.       Planning Board resolution re: Redevelopment Plan review

4.       Comcast: notification of changes in HD Technology Fee

5.       Health Advisory Board Minutes – September 28, 2010

6.       Code Enforcement Monthly Report – September , 2010

7.       Recreation Commission Minutes – June 8, 2010

YES: Bengivenga, Buteas, Rusnak, Anesh                                     MOTION CARRIED

Mr. Bengivenga made a motion to approve the Bills list as summarized below, seconded by Ms. Buteas.

PAYMENT OF BILL

            Current Fund - $305,806.92

    Sewer Utility Operating Fund  -  $1,371.68 

            Pool Utility Operating Fund – $6,599.50 

           General Capital - $332,172.41

            Grant Fund - $110,738.66

           Treasurers Trust - $7,649.03

            Recreation Trust - $5,357.59

       TOTAL OF ALL FUNDS - $769,695.79

YES: Bengivenga, Buteas, Rusnak, Anesh                                     MOTION CARRIED

Mr. Bengivenga made a motion to accept the minutes of September 20, 2010 Agenda, Public and Executive meetings; seconded by Mr. Anesh.

YES: Bengivenga, Buteas, Rusnak, Anesh                                     MOTION CARRIED

Lori Thompson, Grant Manager for T & M Associates gave a presentation on her services
to develop a plan to seek and obtain grants.  Included in the discussion that followed
were questions dealing with the grant process including the application process and expected cost to the borough.  The EECBG ( Clean Energy Grant) and the Energy Audit
were also reviewed.

Turning to reports, Borough Engineer Len Miller reported that the work on Cherry Street
is due to begin the following week.

Borough Administrator Glenn Miller reported that the Bulk Pick-up began today.  He reported that the Dept. of Health is offering a $5000 reimbursement grant for Hepatitis
B inoculations for Public Safety personnel.  We have a week to respond back to confirm
our level of participation. Mr. Cullen concluded his report by advising the Council that he received the 2011 pension figures from the State and it is calling for a 22% increase over this year.

Mr. Bengivenga announced that UNICO will hold its annual Columbus Day ceremony at
9am on Monday, October 11^th at Borough Hall. All are welcome.  He reported that the
2010 HCD funds have been set.  $80,000 will be used to insulate the Senior Center auditorium, pay $12,000 toward the Senior Citizen Director’s salary, replace the door at Boro Hall and install ADA ramps.

Ms. Buteas commented on the success of the Buddy Walk as well as the Motorcycle Club event. 

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She reported that she has asked Ms. Graf to look into replacing the flags and flag poles
in the courtroom.  She also reported on the tremendous response to this year’s paper shredding event and thanked Dr. Tempel for coordinating it.  Next Ms. Buteas advised
that the meeting in Trenton with DEP went very well and a second meeting has been scheduled for October 7^th to meet with the Transportation Advisor and the Environmental Advisor on the alternate truck route.  Ms. Buteas concluded by asking whether the state would be returning to repair the area around the entrance to 287 on Durham Ave that
they used during construction.  Mr. Miller will follow-up and report back.

Mr. Rusnak reported that he met with the Board of Ed regarding strangers near the
schools at dismissal.  The police investigated and the situation has been rectified.  He
also reported that he met with the Administrator and the Police Chief on several issues.  He also met with Supt. Capparelli in anticipation of the approaching storm.

Mr. Anesh offered his congratulations to the organizers of the Buddy Walk and the EMS’ Comedy Night.   Both we great successes.  In response to the petition from the Walnut Street residents, he stated that Traffic Safety reviewed the request and that it is the natural progression.    

He would look to find a source of funding, perhaps a change order from an unexpended balance.

Mayor Butrico requested comments from the Council on the Redevelopment Agreement
that he recently forwarded to each of them.  He asked Lori Thompson of T & M Asso.
about grants for the Board of Education.

Mr. Bengivenga asked Mr. Cullen about the possibility of joint purchasing of  Mulch
with the Board of Ed to decrease cost.

Mayor Butrico announced that the Library Feasibility Committee will meet on
October 5^th and that they are making progress.

Len Miller advised the governing body that the County is asking when the Right
of way on the New Durham/Corporate Blvd. will be done.  

Mayor Butrico opened the meeting to the public.

Frank Mikorski commented on the possibilities of grants for Board of Ed.

Paul McCullen thanked Chief Parker for his interest and assistance regarding his
petitions for Walnut St.  He voiced his concerns the borough’s failure to respond
to resident complaints.

Mr. Anesh explained that procedures are in place and need to be followed.  He also commented on methods and criteria used to determine action.   He stressed the
importance of having the action be resident driven.

Ms. Buteas asked for clarification on funding to be used and also when we changed
from speed humps to speed tables.  Mr. Cullen and Mr. Miller explained where surplus capital project funds were available from recent projects.  Mr. Miller stated that the
change in design was due to resident input.  They find that the speed tables are the
better deterrent. They are better for buses  and residents like them better.

Mr. cullen advised the Council that there are plans to install several crosswalks around town.

Jake Cataldo suggested tripling the fines to deter speeding.

Derryk White thanked Ms. Buteas for her work with the county Parks Dept. concerning dredging Spring Lake Park.

Seeing no further comments, Mayor Butrico closed the public portion and called for a
motion to adjourn.  Mr. Anesh made the motion, seconded by Mr. Rusnak.

Respectfully submitted,

Joann L. Graf

Joann L. Graf, RMC
Municipal Clerk