3216

Minutes from the September 20, 2010 Public Meeting                                  

The meeting was called to order at 7:35pm 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 illness.

Mr. Bengivenga made a motion to accept the minutes of September 7, 2010 Agenda and Public meetings; seconded by Mr. McConville.

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

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

Frank Mikorski asked about Resolutions 10-260, 10-261 and 10-262. Regarding # 260, he suggested that it is important to keep close tabs on costs.  Mr. Mikorski also asked about the Energy Efficiency Block Grant which Mr. Miller explained.

Les Bergen asked for clarification on Ordinance # 1901.  Mayor Butrico explained.

The Mayor closed the public portion and called for Ordinance # 1901 for final adoption.

Clerk Graf read Ordinance # 1901 by title only for Public Hearing and final adoption as follows:

#1901 entitled: An Ordinance amending Ordinance 1278 entitled “Zoning Ordinance

of the Borough of South Plainfield 1992”, adding a new subsection

of “Zoning Violations”

BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of
Middlesex, State of New Jersey, that the Zoning Ordinance of the Borough be amended
as follows: The Zoning Ordinance of the Borough of South Plainfield shall be amended by
creating and following a new subsection entitled, “Zoning Violations”, which shall read as follows:

I.                    ZONING VIOLATIONS – Each of the following types, categories or classes of cases may be prosecuted by the Borough Prosecutor or the Borough Attorney in the Borough
of South Plainfield Municipal Court by the filing therewith of a summons by the Zoning Officer or Engineer of the Borough or their designees:

A.                Violation of any site plan or subdivision approval granted by either the South Plainfield Borough Zoning Board of Adjustment (“Zoning Board”), or the South Plainfield Borough Planning Board (“Planning Board”), including the failure or
refusal to comply with (i) any details set forth in the approved plans, or (ii) any condition or conditions of approval as set forth in the approving Board’s
resolution; or

B.                  Violation of any “D” variance approval granted by the Zoning Board; or

C.                 Violation of any “C” variance granted by the Zoning Board or Planning Board;
or

D.               Violation of any easement granted to or running in favor of the Borough of South Plainfield or to any other municipal entity, body or board; or

E.                Violation of any court order (including a consent order) issued by a judge of any
court of competent jurisdiction relative to any land use or land development case
or controversy; or

3217

F.                Violation of any zoning agreement entered into between the Borough and any
property owner; or

G.               Violation of any agreement between the Borough and a named defendant which
was entered into to resolve a Municipal Court zoning case; or

H.               Violation of any requirement of the Municipal Land Use Law, N.J.S.A. 40:55D-1,
et seq., relative to any land within the Borough of South Plainfield.

II.                 CONFLICTS – All other ordinances, parts of ordinances, or other local requirements
that are inconsistent or in conflict with this Ordinance are hereby repealed to the extent
of any inconsistency or conflict, and the provisions of this Ordinance apply.

III.              SEVERABILITY – Notwithstanding that any provision of this Ordinance is held to
be invalid or unconstitutional by a court of competent jurisdiction, all remaining
provisions of this Ordinance shall continue to be in full force and effect;

IV.              INTERPRETATION – This Ordinance shall be so construed as not to conflict
with any provision of New Jersey or Federal law.   The provisions of this Ordinance
shall be cumulative with, and not in substitution for, all other applicable zoning,
planning and land use regulations.

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

Mr. Bengivenga made a motion to adopt Ordinance # 1901, seconded by Mr. Rusnak.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1901.

Mayor Butrico closed the Public Hearing and called for a vote on the ordinance.

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

Clerk Graf read Ordinance # 1903 by title only for Public Hearing and final adoption as follows:

#1903 entitled: An Ordinance adopting an amended Redevelopment Plan for the

          Hamilton Boulevard Industrial Site

WHEREAS, the Borough Council of the Borough of South Plainfield, by Resolution
#01-116, adopted on April 19, 2001, designated and declared that the area commonly known as the Hamilton Boulevard Industrial Site, comprising approximately 25-30 acres
in Blocks 256, 328, 329, and 329.01, is an area in need of redevelopment, or redevelopment area, as those terms are recognized and utilized within the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq.; and

WHEREAS, the Local Redevelopment and Housing Law, NJSA 40A:12A-7.c, provides that this redevelopment plan may supersede existing development regulations or constitute
an overlay to them; and

WHEREAS, the Borough has determined that the redevelopment plan adopted here shall supersede existing development regulations which may be in conflict;

WHEREAS, pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-7,
by Ordinance #1597, dated July 15, 2002, the Borough Council adopted a
“Redevelopment Plan for the Designated Redevelopment Area in the Vicinity of the Hamilton Boulevard Industrial Site”; and

WHEREAS, because of changed conditions in the redevelopment area and in the
local and national economy, by Resolution #10-222, adopted on August 16, 2010, the Borough Council

3218

instructed the Planning Board’s Planner to prepare an Amended Redevelopment Plan
for the redevelopment area; and

WHEREAS, pursuant to N.J.S.A. 40A:12A-7(e), the Borough Council forwarded the
proposed “Amended Redevelopment Plan for the Hamilton Boulevard Industrial Site”
to the Planning Board for its review and recommendation; and

WHEREAS, the Planning Board considered the Amended Redevelopment Plan at
its regular meeting on September 14, 2010, and by Resolution, reported favorably
to the Borough Council recommending the adoption of the Amended Redevelopment
Plan; and

WHEREAS, the proposed Amended Redevelopment Plan, attached hereto and made
a part hereof, has been made available for public inspection and review in the office
of the Borough Clerk.

NOW, THEREFORE, BE IT ORDAINED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey, as follows:

            SECTION 1.  The “Amended Redevelopment Plan for the Hamilton Boulevard Industrial Site,” annexed hereto in its entirety, is hereby adopted and shall be
incorporated into the land use laws of the Borough of South Plainfield, including
but not limited to amendment of the Zone Map.

            SECTION 2.  This Ordinance and the Amended Redevelopment Plan herein adopted supersede and replace Ordinance #1597 and the Redevelopment Plan
adopted therein.

            SECTION 3.  All ordinances or parts of ordinances inconsistent with the
provisions of this Ordinance are hereby repealed as to such inconsistencies only.

            This Ordinance shall take effect after final passage and publication

Mr. Anesh made a motion to adopt Ordinance # 1903, seconded by Mr. Bengivenga.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1903.

Michael English urged the Council to keep energy efficiency and a “Green design” in the forefront when development plan is reviewed.

Mayor Butrico closed the Public Hearing and called for a vote on the ordinance.

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

Ms. Buteas asked for an explanation on the funding of Resolution # 10-252
( Cherry Street ).

Mr. Cullen broke down where the money is coming from.

Mr. Anesh made a motion to approve Resolutions 10-252, and 10-255 through
10-266, seconded by Mr. Bengivenga  which all begin with BE IT RESOLVED BY
THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-252

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 to resurface Cherry Street; and

WHEREAS, bids were solicited and opened on Thursday, September 2, 2010 and the following picked up bid packages and submitted bids:

3219

Bidder                                                  Bid A                           Bid A-1               Combined total

Fischer Contracting                             $167,227.00                 $13,525.00           $180,752.00

AMC Industries                                    $185,295.00                 $  8,072.50            $193,367.50

Black Rock                                          $187,549.65                 $22,910.00           $210,459.65

Top Line                                             $180,489.40                 $  9,775.00            $190,264.40

Stilo Excavating                                   $159,969.00                 $14,425.00           $174,394.00

WHEREAS, the bids have been reviewed by the Borough Engineer and Borough Attorney and it is their recommendation that the bid of Stilo Excavating in the amount of $174,394.00 be accepted and a contract be awarded; and

WHEREAS, funds for said purpose have been certified by the Chief Financial Officer
and are available from Account # C04-65-911-002-901.

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 the
Cherry Street Resurfacing project at a cost not to exceed $174,394.00

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

#10-255

WHEREAS, the Mayor and Council of the Borough of South Plainfield recognize that
as governing becomes increasingly complex, elected officials are confronted with challenging issues relating to the financial stability, health and welfare of their communities; and

WHEREAS, elected officials must learn to govern efficiently, ethically, and wisely,
which requires considerable time, effort and education on the part of each elected
official; and

WHEREAS, Rutger’s University offers a certificate program, which provides an
orientation for an elected official that includes advanced training on fundamental
issues of current interest, and enrollment is open to all elected municipal officials;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of
South Plainfield, County of Middlesex, State of New Jersey, that hereinafter any and
all newly elected Borough officials, whether elected in general or special public elections,
or by a governing body to fill a vacancy, who have not attended in the prior five years
last preceding the swearing in of such official, must attend and complete the overview course which provides education as to the powers and duties of a municipal governing
body as offered by the Center for Government Services of Rutger’s University, and must provide written confirmation of successful completion of the course to the Borough Clerk, who shall maintain same in the Borough records.

#10-256

WHEREAS, a request was made by Cheryl Shine to hold a block party on Saturday,
September 25, 2010 from 11am to10pm on Ritter Ave from Triangle Place to Merchants Ave; 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.

#10-257

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

3220

OWNER/ADDRESS

Block 32, Lot 11

Jeanne Bowlan

1400 Kenyon Avenue

South Plainfield, NJ 07080                                                                                             

 $1,188.81   

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 in the

amount as mentioned above.

#10-258

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

have overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 22; Lot 4                                                                                              

Elsie Ramos Joaquim

1814 Grant Avenue

South Plainfield, NJ  07080

$1,059.10                                 

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 in the

amount as mentioned above.

#10-259

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

have overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 552.02; Lot 7                                                                                       

Matilda M. Chua

104 Moretti Lane

South Plainfield, NJ  07080

$2,239.48            

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 in the

amount as mentioned above.

#10-260

Donald Diegnan is hereby hired to provide professional services including the telephone switch, radio tie lines, intercom and various other telecommunication items at a cost
not to exceed $1,500.00.

#10-261

WHEREAS, the Mayor and Council of the Borough of South Plainfield deem it appropriate
to set forth a policy regarding any elected official or appointed board member being
absent from meetings,

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that an “absence from meetings policy” shall be effective immediately which will require that any elected official or appointed board member who misses three consecutive general or special meetings must submit, in writing, the reasons for such absence to the remaining Mayor and Council or board members, and the Borough Clerk, in the case of the Mayor and Council, or board secretary, in the case of appointed board members, shall maintain documentation in the records of the Borough.  Any action to be taken as a result of absence shall remain in the discretion of the Mayor and Council in accordance with established law 

3221

#10-262

WHEREAS, the Borough of South Plainfield has participated as a member of the
Middlesex County Municipal Joint Insurance Fund  ( hereafter the “Fund” ) existing
pursuant to Chapter 372, Laws of 1983 (40A:10-36 et. seq.) and is desirous of
continuing said membership for a term expiring on December 31, 2013;and

WHEREAS, the governing body of the Borough of South Plainfield has determined that continued membership in the Fund is in the best interest of the municipality; and

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield County of Middlesex the following:

            SECTION 1.  The borough hereby agrees to continue as a member of the Fund
for a period commencing January 1, 2011, and terminating on December 31, 2013 for
the purpose of securing the following types of insurance coverage:

 a) Workers Compensation and Employer’s Liability

b)  Property Damage ( including Buildings and contents, automobile physical
    damage, contractors equipment, boiler and machinery and public
    employee blanket bonds)

c)  Motor Vehicle and Equipment Liability.

d)  General Liability including Public Officials and Police Professionals

After the expiration of the initial period of membership, participation may be cancelled
or extended in accordance with the By-Laws of the Fund.

            SECTION 2. For the purposes of contribution of sums into the Fund to be designated for administrative costs and claims, the Borough of South Plainfield hereby agrees to obtain the types of coverage from the Fund as set forth in Section 1 of this Resolution and Indemnity and Trust Agreement to be signed by it.

SECTION 3. The By-Laws of the Middlesex County Municipal Joint Insurance Fund have been adopted and accepted.

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized
and directed to execute the Indemnity and Trust Agreement and such other documents signifying membership in the Fund as are required by the Fund’s bylaws and to deliver
same to the Executive Director of the Fund

#10-263

Authorization is hereby granted to make the following payments to local Youth Groups
for their assistance on Labor Day:

$250 for the South Plainfield Eagles

$150 for the South Plainfield Field Hockey Association

$50 for Cub Scout Pack 324

#10-264

authorization is hereby given to waive the Fire Permit fee of $42.00 for the
South Plainfield Knights of Columbus Council # 6203 to hold an Acoustic Concert on
October 23, 2010 beginning at 7:30pm at the Knights of Columbus Hall.

#10-265

the letter of resignation of Dorothy Miele as a member of the Dismal Swamp
Preservation Commission is hereby accepted and the Municipal Clerk is hereby
directed to advertise an opening on the commission.

#10-266

WHEREAS, the Department of Public Works is experiencing a shortage in man-power
due to the extended sick leave of several DPW employees and other regular days off
by other DPW staff; and

3222

WHEREAS, the need exists to provide temporary help to fill in for the absent DPW employees;

NOW, THEREFORE, it is hereby authorized by the Governing Body of the Borough
of South Plainfield that Daniel M. Occhipinto is hereby approved as a temporary
laborer for the  Department of Public Works at an hourly rate of $11.65 to work
as needed as authorized by the Superintendent of DPW and Borough Administrator.

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

Mr. Bengivenga made a motion to accept the correspondence as listed below, seconded
by Mr. Rusnak.

1.       L. Miller, T & M Asso – Re: Energy Efficiency Block Grant

2.       Planning Board Minutes

3.       Planning Board Minutes

4.       Planning Board Minutes

5.       Planning Board Minutes

6.       Board of Adjustment Minutes

7.       Board of Adjustment Minutes

8.       Board of Adjustment Minutes

9.       Board of Adjustment Minutes

10.  NJDOT – Re:  County request to relocate highway-rail-at-grade crossing on New
Brunswick Ave crossing 

11.  L. Miller, T & M Asso. – Re: Cherry Street Bid Award

12.  Recycling Monthly Report - August

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

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

. PAYMENT OF BILLS

            Current Fund - $119,414.76

    Sewer Utility Operating Fund  -  $293,391.43 

            Pool Utility Operating Fund – $416.47 

            General Capital - $246,434.50

            Grant Fund - $5,507.00

           Treasurers Trust - $74,720.81

            Recreation Trust -  $9,469.23

       TOTAL OF ALL FUNDS - $749,354.20

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

Ms. Graf and Mr. Miller reported progress.

Mr. Cullen gave the governing body an update on the Best Practices Check List and
reported that the borough should not lose any state aid based on our response to the survey.  He reported that 15 of the 22 easements needed for the New Market Ave project have been completed.  The issue regarding West End Ave has been referred to Traffic Safety.  He also reported that the Safe and Secure Grant was lost due to the drop in our base line.

Mr. Bengivenga that those who attended the 911 Memorial Service and announced that there will be a Columbus Day service at Boro Hall at 9:00am on October 11^th.  All are welcome.

He also reported that the Shadyside Park equipment is expected to be installed in mid October.   He also asked if there was any word on the CDBG grant due in October.

Mr. McConville commented on the 911 services held around town and thanked them
for their efforts.

3223

Mr. Anesh  commented on the traffic issue at Hamilton and Montrose.  He offered his congratulations to Provisional Chief James Parker.  He also reported on the Joint Chiefs meeting held recently.

Mayor Butrico began by congratulating the Fire and Police Departments on another great Mayor’s Cup softball game that took place on 9/10.  He announced that the New Market
Ave extension is officially open.  The Mayor acknowledged the Historical Society and the County for the new Historic Marker that was dedicated at the Baptist Church on Front
Street.  The Mayor also reported that the Library Feasibility Committee have held two meetings thusfar and have divided up into sub-committees.  He stated that the Library Committee is in need to engineering support and asked the Council for agreement to
bring T & M in to help.  they agreed.

Mayor Butrico opened the meeting for public comments.

John Sorrentino addressed his comments to Councilman McConville’s recent quote in the Observer and questioned how he could project an opinion without knowing
Mr. Sorrentino.

Frank Mikorski agreed with Mayor Butrico’s view on the Redevelopment Plan for the Hamilton Blvd. Industrial site saying that we must exercise balance in the planning
of the site.

Michael English first stated how sorry he is to see Dorothy Miele resign from the Dismal Swamp Preservation Commission and thanked her for her expertise during her time on the commission.  Next he advised the council that he met 5 different people on Cherry Street while going door to door who did not want speed humps installed when the road is paved.

Mr. Anesh, Public Safety Liaison explained the process used and the factors that taken
into consideration in determining installations.

Mr. English concluded by challenging members of the Council for making statements regarding his position on the Tyler Place apartment proposal which would intro 700 new apartments in the borough.  Mr. English criticized statements made by the republican candidates and offered publicly his position on the issue reminding them that as Mayor,
he appeared in Court to defend the Borough against multi-family developments and
would continue to do so.

Paul McCullen asked the Council if they had made a decision about purchasing portable speed humps to which Mr. Anesh advised that they had but it was cost prohibitive.  Mr. McCullen then asked if the town could provide more patrol and reduce speed signs on Walnut St. while Cherry Street in being resurfaced.  He also asked about possible plans
for a full traffic light at New Brunswick and Walnut. He finished by commenting on
drivers ignoring the need to yield for pedestrians in the crosswalks.

Mayor Butrico closed the public portion of the meeting 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