3201

Minutes from the September 7, 2010 Public Meeting                                    

of the South Plainfield Mayor and Council

The meeting was called to order at 8 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, and Salerno. Mr. Anesh was out of town on business.

Reverend Mingle offered the Invocation after the Pledge of Allegiance.

Mayor Butrico, Councilwoman Buteas and Borough Administrator Cullen each recognized the Summer Interns who worked in the Borough offices.  They offered their thanks to the students and acknowledged their hard work and dedication this summer. Each student received a plaque.

Ms. Buteas next thanked everyone involved with the success of the Labor Day Parade and other community events including the Public Celebrations Committee, each of the Sponsors who donated more than $20,000 toward the parade costs.

Councilman Rusnak administered the Oath of Office to Provisional Chief of Police James Parker. 

Next, Mr. Bengivenga made a motion to approve Resolution # 10-224, seconded by Mr. Rusnak and approved unanimously to promote Peter Papa to Sergeant.

#10-224 Approve the promotion of Officer Peter Papa to Sergeant, effective September
  8, 2010 at an annual base salary commensurate with the Borough’s Salary     
  Ordinance.

                 Mayor Butrico administered the Oath of Office to Sergeant Peter Papa. 

                 The members of the Council offered their congratulations and best wishes
                 to Chief Parker and Sergeant Papa.

The Council took a 5 minute recess to allow the large gathering of friends and family of the interns and police to depart.

When the meeting reconvened, Dr. Alice Tempel introduced Mr. David Street who gave a Clean Communities Power Point presentation on littering to the governing body which will be shown to parents and adult groups in the coming months.

 Mr. Rusnak made a motion to accept the minutes of August 16, 2010 Agenda, Public and Executive meetings; seconded by Mr. Bengivenga.

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

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

Frank Mikorski expressed his appreciation to the Council for passing Resolution 10-225 which authorizes the next step in the process of the alternate truck route project.  He also thanked Ms. Buteas for setting up a meeting with the State and the Borough to discuss the project prior to submitting application.  Mr. Mikorski next asked for clarification on the Stipulation of Settlement with Target and commented on the tax appeals, Resolutions 230 thru 249.  Mr. Mikorski asked about Resolution # 10-228 and Telecommunications and IT costs.  He also questioned the Borough’s association with PARSA and if a cost analysis has been done.

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Walter Pasacrita asked about the costs for the New Market Ave Extension Phase I and the status on Phase II.  Mayor Butrico explained that he is hopeful that Phase II can be incorporated with the Redevelopment Plan currently under discussion.  Mr. Pasacrita asked about the location of Phase II and the estimated cost.

Mike English thanked the Mayor and Council for passing Resolution # 10-225 authorizing Remington Vernick to submit the DEP Permit applications.  He advised the Council that the actual submission should take place by mid-October.

Mr. Bengivenga asked to have Len Miller meet with Les Nebenzal, the Planner working for the Borough on the Redevelopment Plan to review a portion of the plan.

Mayor Butrico closed the public portion and called for Ordinance # 1900.

Clerk Graf read Ordinance # 1900 by title only for Public Hearing and final adoption as follows:

#1900 entitled: An Ordinance Amending Chapter 84 Entitled “Police Department” of the

                       Code of the Borough of South Plainfield

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1900

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Bengivenga made a motion to adopt Ordinance # 1900, seconded by Mr. Salerno as follows:

BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of

Middlesex, State of New Jersey, that the Code of the Borough, Chapter 84, Police Department, be amended to add to Section 84-2, Department of Personnel, the following paragraph to be appended
at the end of the existing language:

In the event a Captain of the Police Department is appointed to serve as provisional Chief of Police pending conclusion of service of the sitting Chief of Police, and pending the appointment of a permanent Chief of Police, the Council may appoint an additional Captain in accordance with the provisions of the Borough Code and other law.

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

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

Clerk Graf read Ordinance # 1901 by title only on first reading for introduction 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”

Mr. Rusnak made a motion to adopt Ordinance # 1901 on introduction; seconded by Mr. Bengivenga 

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

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

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

       Boulevard Industrial Site

   3203 

Mr. Bengivenga made a motion to adopt Ordinance # 1903 on introduction; seconded by Ms. Buteas. 

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

On the motion of Mr. McConville and seconded by Mr. Rusnak, it was moved to adopt the following Resolutions which all begin with BE IT RESOLVED BY THE GOVERNING BODY
OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-225

Whereas, the Borough of South Plainfield has determined that to protect the public health, safety and welfare and to protect the quality of life of the residents of South Plainfield, it is necessary to construct a truck bypass within the Borough of South Plainfield, and;

Whereas, the Borough has evaluated alternate routes and locations for a truck bypass route and has determined that an extension of Hollywood Avenue to Metuchen Road provides the best alternative with the minimum environmental impact, and;

WHEREAS, the New Jersey Department of Environmental Protection requires that the Borough submit a Fresh Water Wetlands and Flood Hazard Area Permit application for the construction of the proposed truck bypass

NOW therefore, be it resolved, by the Mayor and Council of the Borough of South Plainfield to hereby authorize the submission of the Fresh Water Wetlands and Flood Hazard Area Permit applications for the proposed Hollywood Avenue Extension Truck Bypass and that Terence Vogt of Remington, Vernick, and Vena Engineering is hereby authorized to sign the applications and endorsements on behalf of the Borough of South Plainfield.

#10-226

WHEREAS, the taxpayer, Target Corp. #1929 (ATaxpayer@) has appealed the real estate tax assessment on its property located at 5000 Hadley Center Drive, also known as Block 528, Lot 46.27, for the tax years 2008, 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 004410-2008, 003276-2009, 001204-2010; and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to affirm the existing 2008 assessment of $7,572,800 for that year (true value of $143.85 per square foot, or $20,411,900 X average ratio of 37.10%), and by accepting reductions of the total tax assessments in 2009 to a total tax assessment of $6,172,300 in 2009 (true value opinion of $120 per square foot, or $17,027,000 x average ratio of 36.25%); and to a total tax assessment of $5,636,100 in 2010 (true value opinion of $115 per square foot, or $16,317,600 x average ratio of 34.54%); and

WHEREAS, the Borough appraiser, Russell Sterling, MAI, has recommended this settlement be approved, stating that since the subject land was purchased for $8,000,000 and the building cost was $7,112,987 for a total cost of approximately $15,113,000 or only $107 per square foot, and based upon his review of similar retail box store values, this proposed settlement is reasonable and reflects the correct market values for the property which was over assessed for all three years under appeal; and

WHEREAS, the Stipulation of Settlement is annexed hereto and incorporated herein by this reference and has been reviewed and approved by the Borough Council; and

WHEREAS, the taxpayer agreed to waive interest and will accept credits in lieu of refunds; and

WHEREAS, the Borough Appraiser, Tax Assessor and Attorney have reviewed and recommend the settlement to the Borough Council; and

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WHEREAS, the aforesaid reductions in assessment have no general application to other properties within the Borough of South Plainfield as a result of the aforesaid specific fact situation; and

WHEREAS, the Borough Council leaves the allocation between land and improvements of the aforesaid tax assessment reductions to the Borough’s Assessor’s discretion with the direction that the same be set so as to be most beneficial to the Borough; and

WHEREAS, the Borough Council makes this settlement with the taxpayer without prejudice to its dealings with any other Borough taxpayers’ request for tax assessment reduction.

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

1.  The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $1,400,500 total tax assessment reduction for the 2009 tax year for Block 528, Lot 46.27, which is most beneficial to the Borough and advise the Borough Attorney of that allocation.

2.  The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $1,936,700 total tax assessment reduction for the 2010 tax year for Block 528, Lot 46.27, which is most beneficial to the Borough and advise the Borough Attorney of that allocation.

3.  The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of Target Corp. (#1929) vs. Borough of South Plainfield, Docket Nos. 004410-2008, 003276-2009, 001204-2010; which affirm the 2008 total tax assessment on block 528, Lot 46.27 at $7,572,800; which reduce the 2009 total tax assessment from $7,572,800 to reduced total tax assessment of $6,172,300; which reduces the 2010 total tax assessment from $7,572,800 to reduced total tax assessment of $5,636,100; and which further provides that the allocation between the land and improvements as established by the Borough Tax Assessor shall be set forth in said Stipulations of Settlement; which further provides that said taxpayer will waive interest and accept credits in lieu of refunds.

4. The settlement outlined above shall be without prejudice to the Borough of South Plainfield’s dealings with any other Borough taxpayers’ request for tax assessment reductions.

#10-227

Authorization is hereby given for the Almost Famous Players to use Putnam Park for their Annual Halloween Haunted Woods Tour which will be held October 21, 22, 23, 24, 28, 29 and 31, 2010, between the hours of 4:00 p.m. and 10:30 p.m. Authorization is also given
to waive all applicable Borough fees, except electrical.

#10-228

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 $9,000.00.

#10-229

WHEREAS, recent litigation has resulted in a decision by the United States Supreme Court concerning the right of a public employer to review employee communications; and

WHEREAS, based upon such decision in the matter of City of Ontario v. Quon, it appears necessary that public employers have in place written policies concerning employee use of communication technology, and such employers must inform employees that all technologies are owned by the employer and the employees have no right of expectation of privacy;

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NOW, THEREFORE, be it resolved by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the Personnel Policy of the Borough shall be amended to add the following chapter to be entitled “Employee Communications”:

The Borough of South Plainfield email, voice mail and Internet are for official business use only, and use for non-business purposes is prohibited.  All email, voice mail and Internet messages are official documents subject to provisions of the Open Public Records Act.  The Borough of South Plainfield reserves the right to monitor, obtain, review and disclose all email, voice mail, Internet sites, texts, instant messages, blogs and social networking activities for lawful and legitimate reasons.  By using the Borough of South Plainfield’s email, voice Mail, Internet sites, texts, instant messages, blogs and social networking, each user agrees that the Borough of South Plainfield has unrestricted access and right to disclose all information communicated or stored on the email, voice mail, etc., for any security, health, employment or other legitimate business reasons.  A legitimate business reason shall include, but is not limited to, systems maintenance, message routing, retrieval of business information, troubleshooting hardware and software problems, preventing systems misuse, protecting confidential proprietary information, insuring compliance with software license policies, and complying with legal and regulatory requests for information.  No Borough employee shall have a right of expectation of privacy in the use of the Borough’s email, voice mail, Internet, texts, instant messages, blogs, and social networking, even if accessing personal email accounts.

Each employee of the Borough shall be required to sign a notice acknowledging they have received, read and understand the Borough’s policy on employee communications.

#10-230

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

SDSA Investments LLC                             290             3.01      2010          $5,111.80

2105 New Brunswick Avenue                                           

South Plainfield, NJ 07080

Total                                                                                                                  $5,111.80 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-231

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Isabel M. Mejias                                       21             2.05       2010        $821.02

1824 Bellew Place                                    

South Plainfield, NJ 07080

3206

Total                                                                                                                  $821.02 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-232

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Rhonda Williams                                       22             9.01      2010        $1,798.42

1821 Bellew Place                                    

South Plainfield, NJ 07080

Total                                                                                                                  $1,798.42 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-233

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Timothy & Kathleen McGovern                    85                4        2010        $1,730.00

2532 Audubon Avenue                                         

South Plainfield, NJ 07080

Total                                                                                                                  $1,730.00 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-234

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Shah Dilip                                               87                9        2010         $2,687.85

315 East Fairview Avenue                                    

South Plainfield, NJ 07080

3207

Total                                                                                                                  $2,687.85 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-235

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Sandra J. Reynolds                                    94             24        2010          $796.58

111 Whispering Hills Road                                                

South Plainfield, NJ 07080

Total                                                                                                                    $796.58 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-236

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Suzanne M. Lyte                                      95               6         2010        $1,192.4

102 Whispering Hills Road                                                

South Plainfield, NJ 07080

Total                                                                                                                  $1,192.43 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-237

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Rosie LLC                                                  96             2         2010        $1,783.76

1550 Park Avenue                                    

South Plainfield, NJ 07080

Total                                                                                                                  $1,783.76 *

3208

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-238

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Frank P. Licato & Mina Licato                     122            28        2010        $4,887.00

126 Risoli Terrace                                      

South Plainfield, NJ 07080

Total                                                                                                                  $4,887.00 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-239

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Anthony & Geraldine Novak                       122           33.02      2010       $1,363.47

106 Risoli Terrace                                      

South Plainfield, NJ 07080

Total                                                                                                                  $1,363.47 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-240

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Walter & Linda M. Adenau                         169           4          2010         $2,174.72

2016 Grant Avenue                                               

South Plainfield, NJ 07080

Total                                                                                                                  $2,174.72 *

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* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-241

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Steven & Leslie McRae                             170           37.03      2010        $1,817.96

3 Lyndsey Court                                        

South Plainfield, NJ 07080

Total                                                                                                                  $1,817.96 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-242

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Travis Claudine Wiltshire                          229              11        2010        $1,109.35

328 So. Plainfield Avenue                                                 

South Plainfield, NJ 07080

Total                                                                                                                  $1,109.35 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-243

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Terrence & Janet McCoid                             201            10        2010       $1,163.11

144 Ten Eyck Street                                              

South Plainfield, NJ 07080

Total                                                                                                                  $1,163.11 *

3210

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-244

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Stephanie Walsh                                     367             2.08      2010        $2,076.98

614 Spicer Avenue                                                 

South Plainfield, NJ 07080

Total                                                                                                                  $2,076.98 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-245

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Kadeer Beg                                              379           6.02      2010         $1,710.45

832 Spicer Avenue

South Plainfield, NJ 07080

Total                                                                                                                  $1,710.45 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-246

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Layeg Amini                                           404.04        1.02      2010         $2,834.46

701 Tremont Avenue

South Plainfield, NJ 07080

Total                                                                                                                  $2,834.46 *

3211

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-247

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Monique Freels                                        427             19.01     2010        $992.06

138 Barone Avenue

South Plainfield, NJ 07080

Total                                                                                                                   $992.06 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-248

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                            BLOCK          LOT        QUAL      YEAR     AMOUNT

K. Ganesan & L. Shreedharan           528             43         C1501    2010      $1,417.23

1301 Joseph Court

South Plainfield, NJ 07080

Total                                                                                                                   $1,417.23 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-249

WHEREAS, the following list of taxpayers have filed appeals with the Middlesex Tax Court and have received judgments reducing their assessments:

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be credited.

OWNER/ADDRESS                                     BLOCK          LOT       YEAR          AMOUNT

Alfieri by NBTY                                       528.01         45.06      2010         $4,642.65

600 Hadley Road

South Plainfield, NJ 07080

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Total                                                                                                                  $4,642.65 *

* No refund check to be issued.  Credit will be applied to outstanding taxes.

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 credit(s) in the

amount(s) as mentioned above.

#10-250

WHEREAS, temporary, part time staff is required at the Senior Center several times throughout the year to cover for various drivers on vacation leave or personal time off; and

WHEREAS, it is the recommendation of the Senior Citizen Director to hire a temporary part time person to deliver Meals on Wheels or serve as a van driver during the permanent staff member’s absence;

NOW, THEREFORE, the Governing Body of the Borough of South Plainfield hereby authorizes the hiring of Margaret Diller as a temporary, part time staff member for the Senior Center as needed, at an hourly rate of $11.65 excluding benefits.

#10-253

WHEREAS, as part of the joint road widening project on New Brunswick Avenue with Middlesex County and Piscataway Township, the Borough of South Plainfield is responsible for easement acquisitions on the South Plainfield side of New Brunswick Ave; and

WHEREAS, the South Plainfield Borough Council wishes to establish a minimum payment
of $500.00 for said easement acquisitions;

NOW, THEREFORE, the Governing Body of the Borough of South Plainfield hereby established a minimum payment of $500.00 to homeowners affected  by the easement acquisitions needed for the New Brunswick Ave widening project.

#10-254

WHEREAS, in accordance with the applicable provisions of Chapter 434 of the Code of the Borough of South Plainfield, the Borough regulates local towing operations and maintains a list of approved and licensed towing companies authorized to remove motor vehicles from private or public property within the borough; and

WHEREAS, Traffic Safety  has conducted a business inspection as part of the application process  to be an official tower and Majestic Towing, 132 South Avenue, South Plainfield, NJ has been approved and has satisfied all the requirements set forth by ordinance;

NOW, THEREFORE, it is hereby resolved by the South Plainfield Borough Council that Majestic Towing shall be added to the official borough towing list for the remainder of 2010. 

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

Mr. McConville made a motion to approve Resolution # 10-251, seconded by Mr. Rusnak.

#10-251

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 provide a Bulky Waste curbside pick up during the fall 2010; and

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

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Pinto Brothers                                      $69,766.00

Ace Environmental Services                    $85,200.00

Republic Services                                  $77,000.00

WHEREAS, the bids have been reviewed by the Borough Engineer and Borough Attorney and it is their recommendation that the bid of Pinto Brothers in the amount of $69,766.00 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 2010 Municipal budget, Account # 001-32-465-001-545.

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 2010 Bulky Waste Curbside Pick-up at a cost not to exceed $69,766.00.

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.

YES:   Buteas, McConville, Rusnak, Salerno                           MOTION CARRIED       

RECUSE:   Bengivenga

Ms. Buteas made a motion to accept the correspondence as listed below, seconded by Mr. Salerno.

1.       Almost Famous Players – Request to use Putnam Park and waive fees

2.       PARSA Agenda of 9/2/2010

3.       2010 Annual Report from Environmental Commission

4.       BAG Minutes – June 10, 2010

5.       Comcast Channel changes

6.       Ad Hoc Committee Minutes – August 23, 2010

7.       P. Rizzo – Re: Chevron USA easement request to install a fence in a borough right of way

8.       P. Seppi, USEPA: proposal to create a Community Advisory Committee covering Edison, South Plainfield and Piscataway to participate in decision making process relative to Cornell Dubilier and the remediation of Spring Lake

      9.  Petition to remove speed humps on Clarke Ave

     10. Code Enforcement Report – August 2010

     11. Environmental Dept. Report – August 2010

     12. Environmental Commission Minutes – June 2010

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

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

PAYMENT OF BILLS

            Current Fund - $405,800.54

    Sewer Utility Operating Fund  -  $1,127,451.22 

            Pool Utility Operating Fund – $5,662.45 

            Current Fund   9-01     - $55,528.75

            General Capital - $98,288.60

            Grant Fund - $9,889.66

           Treasurers Trust - $8,166.20

            Recreation Trust - $6,356.37

       TOTAL OF ALL FUNDS - $1,717,153.79

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

Turning to reports, Borough Engineer Len Miller reported on the recent Bid results and noted that the Cherry Street project came in significantly lower than projected.  He also announced that T & M now has a Grant Dept. and would like a representative to give a presentation at an upcoming Council meeting.

Borough Administrator Glenn Cullen reported to the governing body about the Best Practices Check List.  He advised the Council that the Bulk Pickup Bid came in about $21,000 lower than the previous cost. 

Borough Attorney Paul Rizzo reviewed the Chevron easement request.  He suggested that could draw up an easement agreement and have it for the next meeting.

Mr. Bengivenga thanked DPW Superintendent for creating additional parking area at the Soccer / Pop Warner fields.  He also invited the public to a 911 Memorial Service at the Firemen’s Memorial Park on Saturday, Sep. 11 at 9am sponsored by UNICO.  Mr. Bengivenga also thanked Public Celebrations for a great Labor Day, congratulated Mayor Butrico as Grand Marshall and thanked everyone involved in the day’s celebrations.

Ms. Buteas offered her thanks and appreciation to everyone who played a part in the success of the annual Labor Day festivities, especially the Sponsors who contributed $20,000+ toward the cost of the events.  She also thanked the Summer Interns for a great job.  Ms. Buteas acknowledged Kevin Hughes for his efforts with the Tiger Nation fundraiser for Mrs. McMahon.  She announced that there will be a paper shredding event on Saturday, Sep. 25^th from 9am to 1pm at the Senior Center.  Next, she reminded the Council about the Meet and Greet at TD Bank on September 21^st.  Ms Buteas commented on her meeting with the County Parks Dept. and thanked Dorothy Miele, Dr. Alice Tempel and Mayor Butrico for participating in the meeting.  She reported that the County was seek DEP permits to dredge the lake.  She closed her report with comments on the opening of the New Market Ave extension and the progress being made by the Ad Hoc Committee to secure an alternate truck route.

Mr. McConville offered his thanks to everyone for the success of the Labor Day Parade.  He also announced the dates for the upcoming Curbside Bulk Pickup. 

Mr. Cullen added that Compactor coupons and Yard Waste stickers for 2011 will be available at the same time.

Mr. Rusnak reported that the 4^th Quarter Tax Bills have been mailed and it also includes the 1^st and 2^nd Quarters for 2011 which is equal to 1/2 of the 2010 tax bill.  He also thanked all those who took part in the success of Labor Day.

Mr. Salerno expressed his thanks and appreciation to all who took part in the success of Labor Day.

Mayor Butrico reported that he attended a Ponytail/Parent  game on Sep. 3^rd and presented certificates to all the 14S ponytail players.  He announced that the official opening of the New Market Extension  would take place tomorrow morning at 9am at the Hamilton Blvd intersection.  The Mayor announced that there would be two additional 911 services on Saturday – the Elks will hold a Patriots ceremony at 5PM and the Scouts will hold one at 7pm at the American Legion.

Ms. Graf announced that the annual FLU Shots will be given out on September 17^th from 10am – 1pm at the Senior Center.

Mr. Cullen apologized to the Elks for moving the paving on New Market Ave to Saturday when the Elks had their picnic.

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Debbie Boyle invited the governing body to the “Meet the Coaches” night on September 14^th.  She also commended everyone who worked on the Parade.  She also offered her thanks to Alice Tempel on the Town Cleanups.

Les Bergen asked about Correspondence # 8 dealing with the creation of a Community Advisory Committee with the EPA.  He also asked for clarification on Correspondence # 9 – Speed hump petition.  This question led to a discussion on the matter and it was referred to Council President/Public Safety Chair, Matt Anesh for further consideration.

Walter Pasacrita asked whether the Borough has legal representation on tax appeal cases.

Mayor Butrico and CFO Cullen explained how the Borough’s Tax Attorney, Marty Allen, handles all the tax appeals that occur and the process that takes place.

Mike English asked about the EPA Community Advisory Committee and why Edison is included.  It was explained the the Cornell site includes Woodbrook Farms area and therefore effects Edison.

Jake Cataldo pointed out how the Clean Communities presentation earlier this evening illustrated what he commented on at the last meeting on littering.  He also asked why the Tingley site is being used as a storage or stockpile area.  He also question the status of West End Ave owned by JSM.

Wayne Grennier called to attention the fact that the no left turn from McKinley is not being enforced.  Mr. Cullen was directed to speak with the Chief to correct the situation.

With no further public comment, Mayor Butrico called for a motion to adjourn.  Mr. Bengivenga so moved, seconded by Mr. Salerno.

Respectfully submitted,

Joann L. Graf, RMC
Municipal Clerk