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Minutes from the April 18, 2011 Public Meeting                                

of the South Plainfield Mayor and Council

The meeting was called to order at 8:00pm by Acting Mayor Ray Rusnak 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.  Mayor Anesh was out of state on business.

Clerk Graf called the roll.  Present were Council Members: Barletta, Bengivenga, Buteas, McConville, Salerno and Rusnak.

Mr. Barletta made a motion to accept the minutes of March 21, 2011 Agenda, Executive and Public; seconded by Mr. Bengivenga.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Mr. Barletta made a motion to accept the minutes of March 28, 2011 special public meeting; seconded by Mr. Bengivenga.

YES:  Barletta, Bengivenga, Buteas, McConville, Rusnak          

ABSTAIN:  Salerno                                                                                       Motion Carried

The Acting Mayor opened the meeting to the Public for comments on Agenda items only.  Having no comments, Acting Mayor Rusnak closed the public portion and called for a motion on Ordinance # 1924.

The Clerk read Ordinance # 1924 by title only for public hearing and final adoption as follows

#1924 entitled:   An ordinance to exceed the municipal budget cost of living allowance for

                        calendar year 2011 and to establish a cap bank when the COLA is equal

                        to or less than 2.5 percent pursuant to (N.J.S.A. 40A:4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S. A. 40A:4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% or the Cost-of-Living Adjustment (COLA), whichever is less, over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A:4-45.14 provides that a municipality may, in any year in which the COLA is equal to or less than 2.5% increase its final appropriations by a percentage greater than the COLA, but not to exceed the 3.5% rate as specified in the law, when authorized by ordinance; and,

WHEREAS, the COLA for 2011 has been certified by the Director of the Division of Local Government Services in the Department of Community Affairs as 2.0% and,

WHEREAS, N.J.S.A. 40A:4-45.15a provides that a municipality may, in any year in which the COLA is equal to or less than 2.5%, may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Borough Council of the Borough of South Plainfield in the County of Middlesex finds it advisable and necessary to increase its 2011 budget by more than 2.0% over the previous year’s
final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Borough Council hereby determines that a 3.5% increase in the budget for said year, amounting to $394,415.40  in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Borough Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of South Plainfield, in the County of Middlesex, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the 2011 budget year, the final appropriations of the

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 Borough of South Plainfield shall, in accordance with this ordinance and N.J.S.A. 40A:4-45.14, be increased by 3.5% amounting to $394,415.40 and that the 2011 municipal budget for the Borough
of South Plainfield be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next
two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the
recorded vote included thereon, be filed with said Director within 5 days after such adoption.

Mr. Bengivenga made a motion to adopt Ordinance # 1924, seconded by Mr. Barletta.

The public hearing was conducted with no comments made.  Acting Mayor Rusnak called
for a roll call vote.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

The Clerk read Ordinance # 1925 by title only for public hearing and final adoption as
follows

#1925 entitled:   An Ordinance amending Salary Ordinance # 1777 entitled an ordinance

                        providing for   the compensation of various borough employees and the

                        method of  payment of  said compensation

WHEREAS, the Salary Ordinance of the Borough of South Plainfield confirms the titles of officers and employees of the Borough and establishes their respective compensation, and the Ordinance remains in effect until amended or superseded; and

WHEREAS, Borough Council wishes to amend Salary Ordinance #1777 to include the title
of Confidential Assistant.

NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of South Plainfield as follows:

SECTION 1. The aforesaid Salary Ordinance is hereby amended and supplemented as follows:

A.    The table of salaried positions in Section 1 is amended to include the position of

    “Confidential Assistant” with an annual salary range of $25,000 to $45,000.

SECTION 2.  INCONSISTENCY – All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency.

SECTION 3.  EFFECTIVE DATE: This Ordinance shall become effective and operative ten days after publication thereof after final passage.

Mr. Bengivenga made a motion to adopt Ordinance # 1925, seconded by Mr. Barletta.

The public hearing was conducted with no comments made.  Acting Mayor Rusnak called for a roll call vote.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

The Clerk read Ordinance # 1926 by title only for public hearing and final adoption as follows

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

as follows:

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#1926 entitled: An Ordinance amending Salary Ordinance # 1898 entitled: An Ordinance

                      providing for the compensation of officers and employees of the Borough

                      of South Plainfield and the method of payment of such compensation for

                      the years 2010 and 2011 

SECTION 1.  The rates of compensation for each Officer or Employee of the Borough of

                   South Plainfield shall be on an annual basis as follows except where

                   indicated. Such rates of pay shall become effective upon passage of this

   ordinance.

SECTION 2.  INCONSISTENCY – All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency.

SECTION 3.  EFFECTIVE DATE: This Ordinance shall become effective and operative ten days after publication thereof after final passage.

Mr. Bengivenga made a motion to adopt Ordinance # 1926, seconded by Mr. Barletta.

The public hearing was conducted with no comments made.  Acting Mayor Rusnak called
for a roll call vote.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

The Clerk read Ordinance # 1927 by title only for public hearing and final adoption as follows:

#1927 entitled: A Bond Ordinance Amending Section 3(B) of Bond Ordinance Numbered

                       1919 of the Borough of South Plainfield, in the County of Middlesex, New

                       Jersey finally adopted March 7, 2011 in order to amend the description of

                       the project.

Section One.   Section 3(b) of Bond Ordinance numbered 1919 of the Borough of South Plainfield, in the County of Middlesex, New Jersey (the "Borough"), finally adopted March 7, 2011, is hereby amended to read as follows:

"(b) The acquisition of a backhoe and a ride on lawnmower, including all related costs and expenditures incidental thereto."

            Section Two.   The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or

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temporary capital budget has been filed with the Division of Local Government Services.

            Section Three.   This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Mr. Bengivenga made a motion to adopt Ordinance # 1927, seconded by Mr. Barletta.

The public hearing was conducted with no comments made.  Acting Mayor Rusnak called

for a roll call vote.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Ms. Graf read Ordinance # 1928 by title only for introduction as follows:

#1928 entitled:  An ordinance appropriating $36,000.00 for the purchase and installation of

                        playground equipment for the South Plainfield Community Pool located

                        within the Borough of South Plainfield, County of Middlesex,  New Jersey

Mr. McConville made a motion to approve Ordinance # 1928 on first reading; seconded by

Mr. Bengivenga.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Ms. Graf read Ordinance # 1929 by title only for introduction as follows:

#1929 entitled:   A Bond Ordinance amending Bond Ordinances numbered 1815 and 1816,

                        both amended by Bond Ordinance numbered 1827, of the borough of

                        South Plainfield, in the County of Middlesex, New Jersey, both finally

                        adopted April 7, 2008 and amended July 21, 2008, in order to amend the

                        descriptions to include additional projects.

 Mr. Bengivenga made a motion to approve Ordinance # 1929 by title only for introduction,

seconded by Mr. McConville.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Ms. Graf read Ordinance # 1930 by title only for introduction as follows:

#1930 entitled:   An ordinance amending Ordinance no. 1653 Regulating parking, stopping,

                        standing of any motor vehicle on a portion of Roosevelt Avenue in the

                        Borough of South Plainfield, Middlesex County, New Jersey.

Mr. Bengivenga made a motion to approve Ordinance # 1930 by title only for introduction,

seconded by Mr. McConville.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Mr. McConville made a motion to approve Resolutions 11-085 through 11-107, excluding 11-090 and 11-099; seconded by Mr. Bengivenga, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-085

WHEREAS, Gibraltar Management Co. has applied for a release of a performance bond posted for public improvements to Block 528, Lots 46.04 and 46.05; and

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

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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 $9,180.00 be released upon the payment of any outstanding engineering escrow fees or COAH fees; and

WHEREAS, the Governing Body held a public hearing on Monday, April 18, 2011 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.

#11-086

WHEREAS,  The Mandatory Source Separation and Recycling Act, P.L.1987, c.102,

has established a recycling fund from which tonnage grant may be made to municipalities

in order to encourage local source separation and recycling programs; and

WHEREAS,  It is the intent and the spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and to expand existing programs; and

WHEREAS,  The New Jersey Department of Environmental Protection has promulgated recycling regulations to Implement the Mandatory Source Separation and Recycling Act; and

WHEREAS,  The recycling regulations impose on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to, making and keeping accurate, verifiable records of materials collected and claimed by the municipality; and

WHEREAS,  A resolution authorizing this municipality to apply for the 2010 Recycling Tonnage Grant will memorialize the commitment of this municipality to recycling and to indicate the assent of the South Plainfield Borough Council to the efforts undertaken by the municipality and the requirements contained in the Recycling Act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure the application is properly completed and timely filed.

NOW THEREFORE BE IT RESOLVED by the governing body of Borough of South Plainfield that the Borough of South Plainfield hereby endorses the submission of the recycling tonnage grant application to the New Jersey Department of Environmental Protection and designates Dr. Alice Tempel to ensure that the application is properly filed; and

BE IT FURTHER RESOLVED that the monies received from the recycling tonnage grant be deposited in a dedicated recycling trust fund to be used solely for the purposes of recycling.

#11-087

Angelo Strillacci is hereby hired as a part time, temporary Plumbing Subcode Official for the week of April 18 and 19, 2011, at a rate of $40.00 per hour (20 hour max), to provide coverage for the regular Plumbing Subcode Official, Vinny Franchino, who will be on vacation.

#11-088

the purchase of a Dell single server to act as a secondary domain controller and run the vmsphere web hosting software and also 3 1tb drives for the virtual storage server,   Quote # 580515196, utilizing State Contract # WN88ABZ for an amount not to exceed $5,500.00 is hereby authorized with funds certified by the CFO from account #1-01-20-140-000-225.

#11-089

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

overpaid their taxes and have requested a refund:

OWNER/ADDRESS

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Block 276 Lot 1

Edward M. & Mary A. Piekarski

2390 Willow Avenue, South Plainfield, NJ 07080                                                                      

$1,678.69                                                                                            

VENDOR:

Citimortgage

Tax Department – Attn: Carl Jasper

PO Box 9444

Gaithersburg, MD 20898-9444

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.

#11-091

Mario Abbruzzese is hereby re-appointed to the position of Code Enforcement Officer for
the period of June 1, 2011 through May 31, 2012 at an annual salary of $14,160.00

#11-092          

Authorize a refund of $148.00 to Municipal Consulting Group, 351 Superior Road, Egg Harbor Township, NJ 08234 on behalf of the owner of Block 81, Lot 5.01, 2551 Oxford Ave, Permit # 110214 due to the cancellation of the project.

#11-093

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

overpaid their taxes and have requested a refund:

OWNER/ADDRESS

Block 276 Lot 1

Edward M. & Mary A. Piekarski

2390 Willow Avenue

South Plainfield, NJ 07080                                                                                                                 

$1,678.69                                                                                            

VENDOR:

Citimortgage

Tax Department – Attn: Carl Jasper

PO Box 9444

Gaithersburg, MD 20898-9444

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.

#11-094

the Mayor and Municipal Clerk are hereby authorized to execute the 2011 Municipal Alliance agreement between the Borough of South Plainfield and the County of Middlesex in which the Borough will receive a $20,777.00 grant and will provide matching funds in the amount of $20,177.00 cash and in-kind services .

#11-095

WHEREAS, N.J.S.A. 40a:4-19 Local Budget Act provides that where any contracts, commitments or payments are to be made prior to the final adoption of the budget, temporary appropriations should be made for the purposes and amounts required in the manner and time therein provided, and

WHEREAS, the date of this resolution is prior to the adoption of the CY2011 Budget, and

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WHEREAS, the temporary budget set forth below does not exceed twenty six and one quarter percent of the total appropriations in the previous years budget (exclusive of any appropriations made for Debt Service, Capital Improvements Fund and Public Assistance).

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the temporary appropriations are hereby amended to add the following amounts and that a certified copy of this resolution be transmitted to the Chief Financial Officer.

#11-096

Emil H. Philibosian, Esq. is hereby authorized to defend the Borough in all tax appeal matters filed with the Middlesex County Board of Taxation wherein the firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C. has a conflict of interest and is unable to defend the Borough.

#11-097

WHEREAS, CY2011was introduced by the Governing Body of the Borough of South Plainfield on the 28^th day of March, 2011; and

WHEREAS, it is the desire of the Governing Body to amend said adopted capital budget section.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, that the amendment to the capital budget section of the 2011 Budget be made as follows

                            Project:    Pool Utility Improvements - Playground                   $36,000

            Pool Capital Improvement Fund:                                  $12,000

            South Plainfield Recreation Trust Fund                           $22,000

                           Pool Capital Surplus                                                     $ 2,000

BE IT FURTHER RESOLVED that two (2) certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services. 

#11-098

WHEREAS, the Law office of Clarkin and Vignuolo is representing the Borough of South Plainfield with the acquisition of easements needed to facilitate the New Brunswick Avenue Roadway Improvement Project; and

WHEREAS, 27 of the 29 acquisitions have been completed and an additional $10,000 in compensation is required to execute the remaining easement acquisitions; and

WHEREAS, Clarkin and Vignuolo has requested that the remaining compensation amount be deposited into the Attorney’s Trust Account to enable immediate settlement to the individual property owners as the easement documents are executed;

NOW, THEREFORE, the Borough Council of the Borough of South Plainfield hereby authorizes the Chief Financial Officer to issue a payment of $10,000 made payable to the

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Attorney Trust Account of Clarkin & Vignuolo to provide the balance of funds needed to complete the acquisition of easements for the New Brunswick Avenue Improvement Project.

#11-100

the plumbing permit fee for the extension of the sanitary sewer line into the borough garage area to accommodate the portable wash down station is hereby waived..

#11-101

WHEREAS, Our Lady of Czestochowa will be hosting their annual Feast of St. Anthony Fair on the church grounds from June 6 to June 11, 2011; and

WHEREAS, it is the recommendation of the Traffic Safety Officer to modify the traffic flow and parking to accommodate the increased volume of vehicular and pedestrian traffic during the event; and

NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of South Plainfield that the following modifications will be in force during the period of June 6 to June 11, 2011

1.      Tremont Ave is a one way street eastbound from Hamilton Blvd. to Garibaldi Ave

2.      Tremont Avenue has no parking on either side from Hamilton Blvd. to Garibaldi Ave

3.      Harvard Avenue has no parking on the east between Hamilton Blvd. and Garibaldi Ave

4.      Harvard Avenue has no parking on the east between Hamilton Blvd. and Pitt Street

5.   Tremont has no parking on the east between Hamilton Blvd. and Hancock Street

6.      Jackson Ave has no parking on the east between Hamilton Blvd. and Bergen Street

7.      Garibaldi Ave has no parking on the north side between Kosciuski Ave and Harvard Ave

8.      Kosciuski Ave has no parking on the east side between Hamilton Blvd. and Garibaldi

#11-102

the Municipal Clerk is hereby authorized to publish an solicitation for bids on the Street Sweeping Services for the 12 month period of July 1, 2011 through June 30, 2012

#11-103

WHEREAS, there is a need to supplement the 911 Dispatchers staff; and

WHEREAS, it is the recommendation of the Chief of Police that the borough hire the following people on a temporary, per diem basis to provide needed coverage;

Vicki Sabo 

Michael Bell 

Linda Byrnes 

NOW, THEREFORE it is hereby resolved by the South Plainfield Borough Council that Vicki Sabo, Michael Bell, and Linda Byrnes are hired as 911 Dispatchers on a per diem basis at a rate of $17.05

#11-104

WHEREAS, the Local Public Contracts Law of the State of New Jersey (NJSA 40A:11-1 et seq.) establishes standards and procedures for the awards of contracts and the purchase of goods and services which are to be paid with public funds; and

WHEREAS, it has been determined a need exists to re-paint the helicopter in Monument Park; and

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WHEREAS, quotes were solicited and the proposal from Natelli Brothers was the
successful quote; and

WHEREAS, the availability of funds for this purpose have been certified by the Chief Financial Officer; and

NOW, THEREFORE, it is hereby resolved that the helicopter painting project be awarded
to Natelli Brothers, Painting & Construction, 88 Sherman Blvd Edison,NJ 08820; and

BE IT FURTHER RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute a contract with Natelli Bros. for an amount not to exceed $3,250.00 for the painting of the helicopter at Monument Park.

#11-105

Anne Daley is hereby hired as a full time Confidential Assistant, effective April 19, 2011,  at an annual salary of $35,000.00 including benefits.

#11-106

WHEREAS, Chevron U.S.A., Inc., the owner of property known as Block 255, Lot 33 in the Borough, intends to erect a chain link fence around a portion or all of the perimeter of their property; and

WHEREAS, the Borough Construction Official is concerned that a part of the fence may encroach on property in which the Borough has interest, and will not approve erection of the fence without consent of the Borough; and

WHEREAS, the Borough of South Plainfield has agreed to permit the erection and maintenance of the fence subject to its right to withdraw such consent for any valid reason in the future;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that the Mayor of the Borough of South Plainfield is authorized to execute the attached Declaration of Consent to permit Chevron, U.S.A., Inc., the property owner of Block 255, Lot 33, to erect, maintain and/or replace the chain link fence around its property, including any area of said property in which the Borough may have rights of way, easement rights or other rights until such time as the Borough may determine that such fence must be removed from property in which it has an interest.

#11-107

Gaby Hollain is hereby hired  as a temporary consultant at a rate of $25.00 per hour.

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Mr. Barletta made a motion to approve Resolutions 11-090 and 11-099, seconded by Mr. McConville.

#11-090

WHEREAS, the Local Public Contracts Law of the State of New Jersey (NJSA 40A:11-1 et seq.) establishes standards and procedures for the awards of contracts and the purchase
of goods and services which are to be paid with public funds; and

WHEREAS, it has been determined that a need exists to provide yard debris pick-up for the Borough’s senior homeowners; and

WHEREAS, NJSA 40A:11-6.1 requires the solicitation of quotations for purchases estimated to be in excess of $2,640.00 or more but less than $17,500.00; and

WHEREAS, Pinto Brothers submitted the lowest proposal at an annual cost of $11,200 for the contract period of April 1, 2011 - October 31, 2011     

WHEREAS, the availability of funds for this purpose have been certified by the Chief Financial Officer from Account # 1-01-32-465-001-545; and

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NOW THEREFORE BE IT RESOLVED that the awarding of a contract to Pinto Brother's Disposal, LLC for Senior Citizen Yard Debris pickups from April 1, 2011 - October 31, 2011 for an amount not to exceed $11,200.00 is hereby approved.

#11-099

WHEREAS, the Local Public Contracts Law of the State of New Jersey (NJSA 40A:11-1 et seq.) establishes standards and procedures for the awards of contracts and the purchase of goods and services which are to be paid with public funds; and

WHEREAS, it has been determined a need exists for public litter can maintenance; and

WHEREAS, NJSA 40A:11-6.1 requires the solicitation of quotations for purchases
estimated to be in excess of $2,640.00 or more but less than $17,500.00; and

WHEREAS, quotes were solicited from four (4) haulers and only Pinto Brothers submitted
a proposal of $445.00 per month; and            

WHEREAS, the availability of funds for this purpose have been certified by the Chief Financial Officer; and

WHEREAS, it is the recommendation of the Borough Environmentalist and the Borough Administrator that the contract be awarded to Pinto Brothers for a one year period beginning May 1, 2011 through April 30, 2012, at a cost of $445.00 per month.

NOW, THEREFORE BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute a one year contract between the Borough and Pinto Brothers for public litter can maintenance, from May 1, 2011 through April 30, 2012 at a cost not to exceed $5400.00.

YES:  Barletta, Buteas, McConville, Salerno, Rusnak

RECUSE: Bengivenga                                                                      Motion Carried

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

1.       Letter from County Freeholders confirming inter-local agreement for Paint recycling

     from January 1, 2011 through December 31, 2013.

2.         Letter from Supt. Capparelli requesting waiver of plumbing permit fee for the extension of sanitary sewer line onto the borough garage area.

3.       Letter from US EPA requesting access of certain right-of-ways to collect soil samples in

      the vicinity of the Cornell-Dubilier

4.       Code Enforcement Monthly report - March 2011

5.       Middlesex County Planning Board minutes – March 8, 2011

6.       Business Advisory Group minutes – March 2, 2011

7.       Environmental Dept. monthly report – March 2011

8.       Recycling monthly report – March 2011

9.       Recreation Commission Minutes – March 8, 2011

10.  Citizen Leadership applications to serve on borough boards

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

Mr. Bengivenga made a motion to approve the Bills List as summarized below, seconded by Mr. Barletta.

PAYMENT OF BILLS

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       TOTAL OF ALL FUNDS - $219,133.09

YES:  Barletta, Bengivenga, Buteas, McConville, Salerno, Rusnak        Motion Carried

REPORTS:

Ms. Graf reminded the Council that Financial Disclosure Statements are due back in the Clerk’s office no later than Friday, April 29, 2011 and she asked them to notify members of the boards they are Liaison to and remind them.

Mr. Cullen reported that the easement acquisitions were nearly complete.  He reminded everyone that budget hearings will begin on Wednesday, April 20^th at 5pm at the Senior Center.  He also gave an update on the Sewer Vac.

Mr. Barletta commented on a number of local events including the UNICO, Knights of Columbus and Business Association Blood Drive, the Junior Baseball Parade and Ceremony and the fact that they are the jewel of the community, the Ponytail Opening Day Ceremonies, the EMS Comedy Night, Lions Club Gourmet Breakfast, and the Retro Fitness Grand Opening.

Mr. Barletta also reported that they are looking into the possibility of offering on line tax payments.

Mr. Bengivenga echoed the sentiments of Mr. Barletta on the Opening Day ceremonies and the Lions Club breakfast and thanked all those who donated blood for the UNICO blood drive and gave background information about the organization.  He recognized Mario Abbruzzese on the occasion of his reappointment as Code Enforcement Officer and thanked him for a great job. 

Ms. Buteas joined Mr. Barletta and Mr. Bengivenga in recognizing all the local organizations for their weekend events.  She commented on the Girl Scout ceremony she attended which included a presentation on Environmental Justice which included a good number of the work done in South Plainfield.  Ms. Buteas called attention to a developing litter issue involving advertising circulars being left at the foot of local driveways.  She requested that the Green Team be forwarded any matters that involve environmental topics or issues so that their efforts with Sustainable New Jersey can be coordinated effectively.  Finally, Ms. Buteas announced that Eagle Scout Brian Drumbor will be doing an landscaping project for the borough as part of his Eagle Scout program. 

Mr. McConville also congratulated all the community organizations for their individual events. and thanked the Council for their support for the purchase of playground equipment for the community pool.  He also thanked Mario Abbruzzese for a great job as Code Enforcement Officer.

Mr. Rusnak joined with his fellow Council members in saluting all the local groups for their hard work on behalf of the community. 

Mr. Bengivenga thanked the Recreation Commission for contributing $22,000 toward the community pool equipment.

Acting Mayor Rusnak then opened the meeting for comments from the public.

Carl Adlessnig of Hopkinson St. requested assistance from OEM and Traffic Safety with Sacred Heart’s annual 5K run which will be held on June 11, 2011.  Mr. Bengivenga will speak with Traffic Safety.

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Suzanne Lepore of Bullard Place reminded everyone that the Cultural Arts Annual Talent Showcase will take place on May 1^st at 2:00pm at Wesley Methodist Church hall.  Everyone is welcome.

Paul McCullen of Walnut Street commented on the Board of Education budget presentation and appreciated the opportunity to get a comprehensive look at this year’s budget.  He thanked Mr. Cullen for spending time with him this past week on various items.  Regarding the recent letters and comments on the availability of library funds for the municipal budget, Mr. McCullen  inquired where things stand at the moment.

Mr. Rusnak replied that presently, the matter is in the hands of the State Library Director.  Mr. Cullen added that with the public hearings on the budget, there can be no adoptions without the approval of both the DCA and the State Library Director.   Mr. Rusnak clarified how the Council determined what portion of the library surplus would be requested.  Mr. Cullen expanded that by adding that the law states that the funds are determined by using the most recent audit, which in this case is $1.9 million and is shown in the audit as unrestricted.

Ms. Buteas pointed out that, if the law had not been passed, the Library Board would not have needed to restrict the funds for future capital purposes.

Using the Board of Ed as an example, Mr. Cullen pointed out that if you are earmarking funds for a restricted use, it should be so stated in the budget.

Debbie Boyle of Van Fleet Ave thanked the Council for allowing the Superintendent and Business Administrator to make their budget presentation.  She announced that the SPHS Baseball team will be playing at Patriot Field on April 9^th.  The Middle School PTO Blood Drive was held on 12^th and 120 donors came out and generated 111 units of blood in the name of Mr. Bartolotti.  She also stated that she hoped that the borough is working on the parking and litter problem at the end of Ritter Ave.  Mrs. Boyle also announced that the Business Association would be cleaning the overpass area this weekend.

Mr. Cullen reported that the Police are doing everything possible to enforce the no left out of McKinley.

Mr. Bengivenga assured Mrs. Boyle that the parking matter on Ritter was referred to Traffic Safety.   He also offered his thanks and cudos to Mario Abbruzzese on his work as Code Enforcement Officer.

Frank Mikorski of Regency Place asked for clarification on Resolutions 11-089, 11-103, and 11-108.   He asked what was going to happen when Kevin Hughes leave the Senior Center on June 3^rd.  Mr. Mikorski stated that he appreciated the opportunity to be able to question the Board of Ed Superintendent and BA on budget issues.  He also asked for clarification on the library funding issue.  He ended by voicing his disapproval of the changes made to the bus stops for NJ Transit Bus # 819 in and around Middlesex Mall.

Dennis Little of Hopkinson St. commented on the Library surplus.  He stated that he does not recall any discussion about surplus at the time of Democracy Week in 2008.  He emphasized that the surplus is taxpayer money and as such belongs to the taxpayers not the library.

The representative for the residents of Selene Ave verified that an ordinance would be introduced banning parking when snow covered was recommended by Traffic Safety.  Mr. Bengivenga confirmed that an ordinance will be introduced shortly.   The resident thanked the Mayor and Council for their action.

Mr. Butrico stated that when the Library Committee met it was the feeling of the group
that the Library would contribute as much as possible to the project to help offset the
total cost to the taxpayers.

Mr. Rusnak closed the public portion and the governing body went into Executive session.

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Upon their return, the Council had nothing new to add and so Mr. McConville made a motion to adjourn, seconded by Mr. Bengivenga.  The meeting was adjourned at 9:30pm.

Respectfully submitted

Joann L. Graf, RMC

Municipal Clerk