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

As there were no comments, the Mayor closed the public portion and called for Ordinance

# 1914. Clerk Graf read Ordinance # 1914 by title only for final adoption as follows:

#1914 entitled:  An ordinance providing for the compensation of Borough Police Officers

                       and the method of payment of said compensation for the period from

                        January 1, 2011 through December 31, 2014

Mr. Bengivenga made a motion to adopt Ordinance # 1914, seconded by Mr. Rusnak.

Ms. Buteas asked if the total dollar amount were available from 2010.  Mr. Bengivenga replied that he didn’t have an exact dollar amount but the 2011 budget shows a salary decrease of 2% for the PBA.  Mr. Cullen gave a detailed explanation of elements of the contract which culminated in the decrease not only in this contract but for future years. Ms. Buteas expressed her concern of passing a salary ordinance without an executed contract being adopted first to which Mr. Bengivenga stated that the way it is being done this time is the correct sequence.  A exchange of opinions followed.  Ms. Buteas cited three previously adopted contracts which were all ratified before the salary ordinances were introduced with the exception of the Professional Managers which was revised in 2009.  She agreed that that contract was processed in the same sequence as this PBA contract.

As this is a final reading, Mayor Anesh opened the public hearing on Ordinance # 1914.

No one commented so Mayor Anesh closed the Public Hearing and called for a roll call vote

YES:  Barletta, Bengivenga, Rusnak

ABSTAIN:      Buteas, Salerno

RECUSE:   McConville                                             Motion Carried  3-2

Ms. Graf read Ordinance # 1916 by title only for final adoption as follows:

#1916 entitled:   An ordinance authorizing the sale of surplus land known as Block 401,

      Lot 4 ( Hamilton Blvd) by private sale to the contiguous property owner

        or owners by private sale for a price to be determined by the

        Borough Appraiser, Russell K. Sterling

Mr. Rusnak made a motion to adopt Ordinance # 1916, seconded by Mr. McConville.

Mr. Bengivenga stated that since the last meeting when the question of ownership was raised, it was determined that the Borough is the owner of Block 401, Lot 4
(Hamilton Blvd).

As this is a final reading, Mayor Anesh opened the public hearing on Ordinance # 1916.

No one commented so Mayor Anesh closed the Public Hearing and called for a roll call vote

on the Ordinance.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:  Buteas, Salerno                                                            Motion Carried  4 - 2

Clerk Graf read Ordinance # 1917 by title only for final adoption as follows:

#1917 entitled:   An ordinance authorizing the sale of surplus land known as a right of way

                        in Block 284, between Lots 19 and 25 to be sold to the contiguous

                        property owner or owners by private sale for Ten Thousand Two Hundred

                        Fifty and no/100 Dollars ($10,250.00), in accordance with an appraisal

                        performed by Russell K. Sterling on January 31, 2011

Mr. Bengivenga made a motion to adopt Ordinance # 1917, seconded by Mr. Rusnak.

As this is a final reading, Mayor Anesh opened the public hearing on Ordinance # 1917.

No comments were made and so Mayor Anesh closed the Public Hearing and called for a

roll call vote on the Ordinance.

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

Clerk Graf read Ordinance # 1918 by title only for final adoption as follows:

#1918 entitled:   An Ordinance appropriating $6,750.00 from the reserve for DPW equipment

                        for the purchase of vehicle diagnostics equipment for DPW in and by the

                        Borough of South Plainfield, County of Middlesex, New Jersey

Mr. Bengivenga made a motion to adopt Ordinance # 1918, seconded by Mr. Salerno.

As this is a final reading, Mayor Anesh opened the public hearing on Ordinance # 1918.

No comments were made and so Mayor Anesh closed the Public Hearing and called for a

roll call vote on the Ordinance.

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

Ms. Graf read Ordinance # 1915 by title only for introduction.  This ordinance had been

tabled at the Feb. 7^th council meeting.

#1915 entitled:  An ordinance authorizing the sale of surplus land known as Block 273,

                      Lots 4 & 5 at a public auction to be held on Monday, March 21, 2011 at

                        7:00pm in the Council chambers of the South Plainfield Municipal building.

Mr. Bengivenga made a motion to approve Ordinance # 1915 on first reading, seconded by

Mr. Rusnak.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:  Buteas, Salerno                                                                    Motion Carried  4 - 2

Ms. Graf read Ordinance # 1919 by title only for introduction as follows:

#1919 entitled:   Bond Ordinance providing for the acquisition of various equipment for the

                        Borough of South Plainfield, in the County Of Middlesex, New Jersey,

                        appropriating the aggregate amount of $258,000 therefor and authorizing

                        the issuance of $199,000 bonds or notes of the Borough to finance

                        part of the cost thereof.

 Mr. Bengivenga made a motion to approve Ordinance # 1919 on first reading, seconded

by Mr. Salerno.

YES:  Barletta, Bengivenga, McConville, Rusnak, Salerno

NO:     Buteas                                                                                    Motion Carried  5-1

Mayor Anesh asked the Council if they wished to separate any resolutions from the

Consent vote.   Resolutions 11-036, 11-041 and 11-042 were separated out.

Mr. Bengivenga made a motion to approve Resolutions 11-033 – 035, 037 - 040, and 043 –

045, seconded by Mr. Rusnak, which all begin with BE IT RESOLVED BY THE GOVERNING

BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-033

WHEREAS, Stephen Santangelo (Poletti subdivision), has applied for a release of a

performance bond posted for public improvements to Block 222, Lot 6; and

WHEREAS the Borough Engineer has certified all required public improvements to the

property have been installed; and

WHEREAS the requirements and conditions of Borough Ordinance # 762 have been

complied with as to filing and serving of notice; and

WHEREAS the Borough Engineer has recommended that the performance bond in the form

of a  Check in the amount of $20,406.00  be released upon the posting of a two year

maintenance bond in the amount of $3,060.00 and the payment of any outstanding

engineering escrow fees or COAH fees; and

WHEREAS the Governing Body held a public hearing on Monday, February 22, 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.

#11-034

WHEREAS, the office of Borough Physician was established pursuant to Chapter 5-13 of

the Code of the Borough of South Plainfield for the purpose of ascertaining the medical

and physical ability of a borough employee to perform the duties of his/her position; and

WHEREAS, the Borough Physician shall be appointed by the Mayor with the consent of

the Council for a term of one year; and

WHEREAS, Dr. Michael Baum, 908 Oak Tree Road, South Plainfield NJ is a medical

physician licensed to practice medicine in the State of New Jersey and has been

selected to serve as the Borough physician for 2011.

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield as follows:

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

    Dr. Michael Baum to serve as Borough Physician for calendar year 2011.

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

    N.J.S.A. 19:44A-20.4 et seq.

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

    ten (10) days of its passage.

#11-035

WHEREAS, the Borough of South Plainfield and the Environmental Commission recognize

the need to build a model of government which benefits our residents now and far into

the future with green community initiatives which are easy to replicate and affordable to

implement; and,

WHEREAS, the South Plainfield Environmental Commission amended its By-Laws on

February 9, 2011 to form a Sustainability Subcommittee known as the Green Team which

will serve as the coordinating unit to create a greener community, save tax dollars, assure

clean air and water, improve working and living environments to build a community that is

sustainable economically, environmentally and socially; and

WHEREAS, Governing Body of the Borough of South Plainfield adopted a resolution in 2009

indicating the borough’s intent to pursue Sustainable Jersey certification and registered

with the Sustainable Jersey program;

NOW THEREFORE BE IT FURTHER RESOLVED by the Mayor and Council of the Borough

of South Plainfield that the Mission, Goals and Objectives for the Green Team

sub-committee are established as follows:

MISSION STATEMENT:

To identify, prioritize, select and enable sustainability initiatives that will benefit the

residents and business people of South Plainfield by:

-           Raising community awareness

-           Engaging citizen volunteerism

-           Maintaining fiscal responsibility, and

-           Attaining “Sustainable Jersey” certification

GOALS:

1.  Education

To create or promote sustainable educational opportunities and outreach programs

at a variety of venues and scales in the community targeting citizens from

pre-school to seniors.

2.  Community

To create or promote initiatives in the community designed to identify and

implement best practices in the ways of natural resource protection, waste

reduction, energy efficiency and local food production for residents and

businesses.

3.  Communication

To establish an effective set of communication protocols for information

dissemination and to be a vehicle for engaging citizen participation.

4.  Promotion

To provide sustainability models at both public and private venues.

OBJECTIVES:

    -    Adopt municipal operations policies designed to improve employee energy

         efficiency.

            -    Develop one community based program associated with a season.

            -    Adopt at least one natural resource protection ordinance.

            -    Collaborate with other “Green Team” or environmentally relevant organizations

                 within and beyond the Borough.

            -    Develop environmental programs, fairs, workshops and outreach programs that

                provide information and practical experience in schools, businesses and

t                 the larger community.

            -    Provide a web presence to update information and receive input on the “Green

                 Team” process.

BE IT FURTHER RESOLVED that the following persons are hereby appointed to serve as

members of the Green Team:

Dorothy Miele            SPEC Member  and Green Team Chairperson

Robyn Rusnak           SPEC Member

Christopher Cioffi      SPEC Member

Jonathan Walezak       SPEC Member

Dr. Alice Tempel        Borough Environmental Specialist

Chrissy Buteas             Council Liaison to SPEC        

Glenn Cullen               Borough Administrator

Robert Capparelli        Supt. Public Works

BE IT FURTHER RESOLVED that the Green Team will be assisted by Associate Members

recruited from the skilled residents, businesses, civic, non-profit and faith based

organizations in the community, as recommended by the Green Team chairperson.

#11-037

WHEREAS, the South Plainfield Fire Department has surplus communication equipment

available for an inter agency transfer; and

WHEREAS, the Plainfield Fire Department is in need of said equipment, four Motorola HT

1250 portable radios with $0.00 salvage value  

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that an inter-agency transfer between the Borough of South Plainfield and the City of Plainfield, of the surplus Fire Dept. communication equipment described above, is hereby authorized. 

#11-038          

the purchase of a Regisys vehicle diagnostic machine for the DPW is hereby authorized at a cost not to exceed $7000.00.  Joy Auto Parts, Inc., 267 Route 22,  PO Box 878, Green Brook, NJ 08812, was the lowest proposal quote received is hereby selected as the vendor.

#11-039          

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 CY 2011 Budget, and

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.

#11-040

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

WHEREAS, it has been determined a need exists to replace the 21 year old salt truck at DPW;; and

WHEREAS, it is the recommendation of Superintendant of DPW to solicit bids for the purchase of a Five (5) yard dump truck with a tailgate salt spreader and plow;

NOW, THEREFORE, BE IT HEREBY RESOLVED by the Governing Body of the Borough of South Plainfield that the Municipal Clerk is hereby authorized to solicit competitive bids for  a Five (5) yard dump truck with a tailgate salt spreader and plow.

#11-043

WHEREAS, the Governing Body of the Borough of South Plainfield has introduced Ordinance No. 1915 authorizing the sale of borough owned property known as Block 273, Lots 4 & 5
( Plainfield Avenue ); and

WHEREAS, the Governing Body authorizes the advertisement for sale of Block 273, Lots 4 & 5 by posting of signage on the property for a minimum price of $490,000.00            

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that Block 273, Lot 4 & 5, Borough owned property on Plainfield Avenue shall be offered for sale by public auction at the March 21, 2011 meeting of the Mayor and Council, with a minimum price of $490,000.00           

#11-044

the following borough residents are hereby recognized and appointed as probationary firefighters for the South Plainfield Volunteer Fire Dept.:

·          Katelynn Morgan

·          Steven Phillips

·          James Farell

#11-045

WHEREAS, the Borough of South Plainfield wishes to apply to Middlesex County Housing and Community Development Agency for discretionary aid; and

WHEREAS, the Borough’s Citizen Advisory Committee met to discuss possible uses of the 2011 CDBG funding; and

WHEREAS, the Governing Body of the Borough of South Plainfield held a public hearing on February 7, 2011 to elicit input from borough residents on the best uses for the 2011 CDBG;   

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of South Plainfield do hereby make application to Middlesex County Housing and Community Development for discretionary aid to be used for the following proposed uses:

    1. Senior Citizen Coordinator salary - $12,000

    2. Senior Citizen Center improvements - $10,100 

    3. Continue the ADA assessable and handicap ramp program  -   $60,000

BE IT FURTHER RESOLVED that a certified copy of this resolution will be forwarded to the Director of the Middlesex County Housing and Community Development Agency.

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

Mr. Bengivenga made a motion to approve Resolution # 11-036, seconded by Mr. Rusnak

as follows:

#11-036:  the Mayor and Municipal Clerk are hereby authorized to execute the Labor

Agreement between the Borough and PBA Local 100 for the 4 year period from January 1,

2011 through December 31, 2014. A copy of the Contract is on file in the Clerk’s office.

YES:  Barletta, Bengivenga, Rusnak

ABSTAIN:      Buteas, Salerno

RECUSE:   McConville                                             Motion Carried  3-2

Mr. Bengivenga made a motion to approve Resolution # 11-041 & 042, seconded by Mr. Rusnak as follows:

#11-041

WHEREAS, the Local Public Contracts Law of the State of New Jersey (NJSA 40A:11-1 et

seq.) establishes standards and procedures for the purchase of goods and services which

are to be paid with public funds; and

WHEREAS, it has been determined a need exists to replace a old backhoe which is cost

prohibitive to keep repairing; and

WHEREAS, it is the recommendation of Superintendant of DPW to solicit bids for the

purchase of a new backhoe.

#11-042

WHEREAS, the Governing Body of the Borough of South Plainfield has enacted Ordinance

No. 1916 authorizing the sale of property known as Block 401, Lot 4, 2237 Hamilton

Boulevard, by private sale to any contiguous property owner; and

            WHEREAS, said Ordinance provided that the sale price would be as determined

by the Borough’s appraiser, Russell Sterling; and

            WHEREAS, an appraisal was performed by Timothy Hoffman, Inc., which appraisal

was critiqued by Mr. Sterling, and based upon said appraisal and critique, Mr. Sterling

provided a range of value for the property of $5.50 to $6.00 per square foot, which equates

to a sale price range of $81,180.00 to $88,560.00, an average of $84,870.00; and

            WHEREAS, the cost for the critique by Mr. Sterling to the Borough was $520.00;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that Block 401, Lot 4, commonly known as 2237 Hamilton Boulevard, shall be offered for sale to all contiguous property owners at a price of $85,390.00 representing the average price as determined by Mr. Sterling, plus the cost of Mr. Sterling’s critique, and may be sold at such price or greater to any contiguous property owner willing to purchase said property for said price, or such higher price in the event more than one contiguous property owner wishes to purchase the property in which case the property shall be sold to the contiguous property owner offering the highest price beyond the minimum $85,390.00 sale price.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:  Buteas, Salerno                                                            Motion Carried  4 – 2

Mayor Anesh read a statement regarding the PBA contract and the fiduciary responsibilities of the members of the governing body to hold contract details as confidential and not usurp the authority of the negotiation team by releasing a copy of the contract document.  He then polled the members of the Council on whether any of them released the contract to any individual from the public.  Each council member responded in the negative.  Ms. Buteas qualified her response by stating that she did answer questions from residents but considered it permissible since Mr. Bengivenga publicly discussed the contract at the Feb. 7^th meeting.

Mr. Bengivenga gave a Power Point Presentation on the 2011 – 2014 PBA Local 100 Labor Agreement.             

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

Mr. Rusnak:

1.       Middlesex County Board of Taxation – 2011 Preliminary Equalization Table

2.       Cheryl Nagel-Smiley – request to be appointed to vacant seat on Library Board

3.       Environmental Commission – Establishment of Sustainable NJ Green Team

4.       Recreation Commission Minutes – January 10, 2011

5.       NJ DOT – Acknowledge 2011 Municipal Aid Grant totaling $300,000 for

     New Market Ave resurfacing Phase II

6.       Milltown Borough – Notice of adoption of Middlesex County Multi-Jurisdictional All

     Hazard Mitigation Plan

7.       Carteret Borough - Notice of adoption of Middlesex County Multi-Jurisdictional All

    Hazard Mitigation Plan

8.       Traffic Safety Advisory Comm. – Letter in support of the Hollywood Avenue Extension

      as the best viable route connecting the Metuchen Road/Kentile Rd area to Route 287

9.       County Div. of Solid Waste – Announcement of Public Hearing on a Plan Amendment to

     the County’s Solid Waste Management Plan – Tuesday, March 1^st 6:00pm at the County

    Freeholders Meeting Room, County Administration Building, New Brunswick

10.  Zoning Board Minutes – September 23, 2010

11. Zoning Board Minutes – November 4, 2010

      12. Zoning Board Minutes -  December 9, 2010

      13. Zoning Board Minutes – December 30, 2010

      14. MCUA – Letter re: Wastewater Service Charges and Resolution # 11-021

      15. NJ DEP – Notification of Violation

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. McConville.

            Current Fund -  0-01   $26,938.99

            Current Fund -  1-01   $178,764.38

    Sewer Utility Operating Fund  -  $185.00 

           General Capital - $16,237.76

            Grant Fund - $143.00

            Dog Trust -  $1,207.60

           Treasurers Trust - $1,430.85

            Recreation Trust -  $1,974.17

       TOTAL OF ALL FUNDS - $226,882.30

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

REPORTS:

Mr. Cullen reported that the 2011 State aid is expected to come in flat and that the municipal budget will be introduced in March.  He reported that a joint road widening project for W. 7^th Street with County and Piscataway requires the acquisition on 9 properties.  Mr. Cullen announced that NJDOT awarded the borough $300,000 in 2011 municipal aid.  Funds from the Tompkins/So Plainfield Ave projects will be re-allocated to address the problem on Rahway and Kenyon Ave.  He also reported that NJ DEP had issued a violation for failing to clean 3000 storm basins in 2010.  These basins were not cleaned due to the fact that the Vac Truck was out of service for most of 2010 because it is 21 years old was not operable.  He offered several suggestions for resolution of the issue.

Mr. Salerno, Mr. Bengivenga and Mr. Barletta all reported progress.

Mr. McConville announced the Talent Showcase auditions being held April 9^th and 10^th.  Also that Public Celebrations held its first meeting for 2011.  He also commented on the Charity Basketball game held last Saturday.

Ms. Buteas thanked everyone for their support and participation for the Charity Basketball game.

She commented on the Knights’ Don’t Cook Tonight dinner and the upcoming Spring Clean up.  Ms Buteas announced the Women’s History Month Essay Contest and the topic this year is Rosa Parks.  She invited all high school students to participate.  Ms. Buteas asked if the Planning Board had appointed a Liaison for the Environmental Commission and Mr. Barletta confirmed that Bill Thomas has been selected to serve in that role.   Ms. Buteas also commended the Environmental Commission and those responsible for the formation of the “Green Team” to coordinate the Sustainable New Jersey efforts in the borough.

Mr. Rusnak reported that he met with DPW Supt. Capparelli who informed him that DEP had given a notice of violation to DPW for wash water run off in violation of governmental storm drain regulations.  DPW Supt. Capparelli addressed the issue and stated that he was looking into the purchase of a portable wash down station to correct the situation.  He also thanked the PBA for their cooperation in negotiations.

Mayor Anesh reported that he received a letter of resignation from Virginia Popik, a member of the Library Board of Trustees and that they would be seeking to fill the unexpired term.  He also reported that in response to the Resolution and contacts made to the MCUA, Freeholder Polis contacted the Mayor and promised to look into the situation.  The Mayor pointed out that the MCUA is sitting on a surplus in excess of $39 million and he urged residents to continue letter writing.

The Mayor then opened the meeting for comments from the public.

Frank Mikorski wrote a letter to MCUA and is waiting for a reply.  He questioned “ who is responsible for what?” He asked them for a copy of their budget and questioned the amount in salaries paid for the system.  Mr. Mikorski also commented on the PBA contract and complimented those involved for negotiating a good contract.

Charlie Butrico clarified an earlier discussion over the possibility of an inter-local agreement with Piscataway for the use of their Vac truck stating that they were willing to share their equipment 3 to 5 days a month but not for continuous use over 9 months.

Nancy Grennier questioned why the meeting between members of the Council and members of the Library Board was closed to the public.  She quoted from the Sunshine Law statute and suggested that closing the meeting was wrong.  Mr. Rusnak responded that it was done due to the sensitivity of the issues discussed and the need to keep the information private thereby preventing rumors from flying.  Mr. Rizzo stated that since a quorum was not present, the decision was correct but he will look into it and respond back at the next meeting.

Derryck White commented on the settlement of the PBA contract saying he was pleased with the outcome and appreciated that the PBA took the taxpayers situation into account.

Dennis Little offered his appreciation to the PBA for their cooperation in the negotiations. He referred back to his days on the Borough Council and the manner in which contracts were negotiated.  He also commented on the age of DPW equipment.  He asked Ms. Buteas if she felt left out of the budget process.   Ms. Buteas responded that her issue was not the PBA contract, saying  “A contract is a contract”.  The issue is the process employed in this case.  She pointed out that a fair process requires full disclosure of the details which was not done in this case.  Mr. Little also asked Mr. Salerno for his reasons for abstaining to which Mr. Salerno echoed the reasons given by Ms. Buteas.  Mayor Anesh and Mr. Bengivenga defended the process utilized as correct and proper.

Debbie Boyle thanked everyone who participated in the charity basketball game last Saturday and reported that they raised $2300.00.

Mayor Anesh closed the public portion and called for a motion to adjourn.  So moved by Mr. Bengivenga and seconded by Mr. Rusnak. 

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk