Minutes from the February 7, 2011 Public Meeting                          

of the South Plainfield Mayor and Council

The meeting was called to order at 7:30pm by Mayor Anesh 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: Barletta, Bengivenga, Buteas, McConville, Salerno and Rusnak.

Mr. Bengivenga made a motion to accept the minutes of January 24, 2011 Agenda and Public; seconded by Mr. Barletta.

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

In follow-up to an inquiry during the Agenda meeting from Charlie Butrico about the ownership of the property to be sold in Ordinance 1916, Mr. Bengivenga announced that the matter will be investigated prior to the final adoption.

Mr. Bengivenga read a statement summarizing the negotiations and highlighted several items that will have a long term financial effect .  These included longevity, lowered starting salary, the amount of the raises for the 4 years, changed overtime from 4 hour minimum to 3 hours and

health insurance contribution of 1.5% for current staff and 3% for future hires.  He thanked PBA and Negotiating team for their efforts.

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

Frank Mikorski asked if the PBA contract had been ratified to which the Mr. Rusnak replied that it was ratified by the full membership.  Mr. Mikorski then asked if the longevity is included in the base and what is the highest level.  He was told that it is in the base pay and the highest rate of 8%.  He asked for confirmation that the discontinuation of longevity is for new hires only and was told yes.  He asked about the patrolman levels and the addition of 2 more levels.  Mr. Bengivenga explained. He asked about the RX plan and was informed that the co-pays were increased.   Mr. Mikorski also asked about the $47,000 tax refund and the purchase of 2 new vehicles.

Charlie Butrico also asked questions about the PBA Labor Agreement seeking to determine where the reciprocity existed in the negotiations including 3 extra days off, added longevity to three levels, and the top pay level being set at 11 years instead of 20.   

Dennis Little asked if the contract was a public document and if not, how did Mr. Butrico have all these facts.

Police Officer Lloyd McNelly, Vice President of PBA Local 100 made a statement on behalf of the PBA and helped to clarify some of the questions posed by the public.

Mr. Mikorski commented on the unlimited sick time to which Mr. Rusnak stated that it is a practice which is not abused. 

Police Officer Peter Magnani, President of the PBA Local 100, confirmed that PBA Local 100 did in fact ratify the contract unanimously.

There was a discussion about whether the contract should be approved prior to the adoption of the Salary Ordinance or after it’s adoption.  The Mayor and CFO felt that proper procedure is being followed in this case.

Mayor Anesh closed the public portion and called for a motion on Ordinance #1914.

Ms. Graf read Ordinance # 1914 by title only for introduction as follows:

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

                        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 approve Ordinance # 1914, seconded by Mr. Rusnak.

YES: Barletta, Bengivenga, Rusnak

ABSTAIN:  Buteas, McConville, Salerno                                       Motion Carried

Ms. Graf read Ordinance # 1916 by title only for introduction 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. Barletta made a motion to approve Ordinance # 1916 on introduction, seconded by

Mr. Bengivenga.

YES: Barletta, Bengivenga, McConville, Rusnak

ABSTAIN:  Buteas, Salerno                                                                         Motion Carried

Ms. Graf read Ordinance # 1917 by title only for introduction 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. Barletta made a motion to approve Ordinance # 1917 on introduction, seconded by Mr.

Bengivenga.

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

Ms. Graf read Ordinance # 1918 by title only for introduction 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 approve Ordinance # 1917 on introduction, seconded by

Mr. Barletta

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

Mr. Rusnak made a motion to approve Resolutions 11-023 through 11-032, seconded by Mr.

Bengivenga, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE  

BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-023

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

overpaid their sewer and have requested refunds:

Block 177; Lot 6

Account # 3317-0

Salvatore Wood

231 Merchants Avenue

South Plainfield, NJ 07080                                                                                                               

$145.00                                                                                               

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.

#11-024

WHEREAS, Chapter 141, Article III of the Code of the Borough of South Plainfield permits machines or devices, which may be operated by the public for entertainment or amusement, in established places of business situated in the Borough of South Plainfield providing said places of business first obtain a license approved by the Mayor and Council in accordance with Chapter 141 of the Code, and

WHEREAS, the following establishments or owners of devices placed in same have requested renewal for the year 2011 and have met all conditions required and paid all required fees for renewal:

NAME AND ADDRESS                                                        NUMBER OF MACHINES

Flanagan's, 2501 Plainfield Ave.                                                                 2                                                               

Italian American Club, 1001 Garibaldi Ave.                                                   2

K.C. Korner, 100 Oak Tree Ave.                                                                   1

Liquid Assets                                                                                           2

Polish Home, 312 New Market Ave.                                                               5

Sal's Spirit Shop, 1645 Park Ave.                                                                   2

Regal Cinema Hadley, 1000 Corporate Court                                                   5

Pizza Hut, 5251 Stelton Road                                                                       4

Red Robin, 6200 Hadley Road                                                                       3

VFW Post 6767, 155 Front Street                                                                   1

NOW, THEREFORE, in accordance with Chapter 141 of the Code of the Borough of South Plainfield, the governing body hereby approves the issuance of licenses to the establishments listed above for 2011.

#11-025

WHEREAS, The Best Laundromat, 1711 Park Avenue, South Plainfield, has made  application in accordance with the Borough Code, Chapter 122 for renewal of their license
to operate for the year 2011;  and

WHEREAS, after proper investigation, it was deemed that all requirements of the Code have been met by the applicant;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, that license for The Best Laundromat be issued to the laundry owner listed above for 2011. 

#11-026

WHEREAS,  A.J.V. Auto Air & Service, Inc. met all requirements of the Borough Ordinance #742 to conduct the sale or exchange of motor vehicles and was approved for license renewal by resolution # 10-328 on Dec. 20, 2010; and

WHEREAS, AJV Auto Air & Service, Inc. has filed a change of corporate status notice with the Municipal Clerk, changing the business name  to AJV Auto Sales, LLC;

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that a 2011 a Motor Vehicle Sales/Exchange license be re-issued under the new corporate name of AJV Auto Sales, LLC and that the normal licensing fee be waived. 

#11-027

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

overpaid their taxes and have requested refunds:

OWNER/ADDRESS

Block 255, Lot 32

CMC Steel Fabricators, Inc.

14 Harmich Road,  South Plainfield, NJ 07080                                                                              

$47,469.47                                                                                          

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.

#11-028          

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

overpaid their sewer and have requested refunds:

Block 8; Lot 1

Account # 198-3

Levin Properties, L.P.

1251 West 7^th Street

South Plainfield, NJ 07080                                                                                                               

$3,912.60                                                                                                                                

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.

#11-029          

WHEREAS, a need has been determined for the purchase of two 2011 Ford Crown Victoria Patrol Cars for the Police Dept.; and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11, a local contracting unit may, without advertising for bids, purchase any goods or services under any contract or contracts entered into on behalf of the State by the Division of Purchase and Property in the Department of the Treasury; and

WHEREAS, Warnock Automotive, the successful bidder selected by the Cranford CO-OP, Contract #101, meets the specifications of the borough’s need for patrol cars; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.3 et seq, the Chief Financial Officer has determined and certified to the Clerk that funds are available in account 1-01-25-240-001-301 account 

NOW, THEREFORE, be it resolved that the South Plainfield Borough Council hereby authorizes the purchase of two 2011 Ford Crown Victoria Patrol Cars for the Police Dept from Warnock Automotive, through the Cranford CO-OP, Contract #101, at a cost not to exceed $76,000.00.

#11-030

WHEREAS, a need has been determined for the purchase & installation of two new Remote Mount Encrypted Mobile Radios in the two new police vehicles from Tactical Public Safety for an amount not to exceed $9,600.00; and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11, a local contracting unit may, without advertising for bids, purchase any goods or services when the aggregate cost is below the bid threshold and quotations are solicited and received; and

WHEREAS, Tactical Public Safety, the successful vendor, meets the specifications for installing Remote Mount Encrypted Mobile Radios in the new patrol cars; and

WHEREAS, pursuant to N.J.A.C. 5:30-5.3 et seq, the Chief Financial Officer has determined and certified to the Clerk that funds are available in account 1-01-25-240-001-301. 

NOW, THEREFORE, be it resolved that the South Plainfield Borough Council hereby authorizes the purchase & installation of two new Remote Mount Encrypted Mobile Radios
in the two new police vehicles from Tactical Public Safety for an amount not to exceed
$9,600.00

#11-031

WHEREAS, the Borough of South Plainfield has determined a need to retain a qualified professional to handle the Borough’s payroll services; and

WHEREAS, the Chief Financial Officer has determined that ADP meets the specifications of the borough’s need for payroll services and has certified the availability of funds.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute a professional service agreement with ADP for Municipal Payroll Services at a cost not to exceed $11,200.00

#11-032

WHEREAS, the Borough of South Plainfield has determined a need to retain a qualified professional to handle the Borough’s payroll services; and

WHEREAS, the Chief Financial Officer has determined that ADP meets the specifications of the borough’s need for payroll services and has certified the availability of funds.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute a professional service agreement with ADP for Municipal Payroll Services at a cost not to exceed $11,200.00

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

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

1.    Code Enforcement Yearly Report 2011

2.  Code Enforcement Report - January 2011

3.   Environmental Department Report  –  January 2011

4.   Code Enforcement Report – January 2011

5.   Traffic Safety Advisory Commission Minutes – December 15, 2011

6.   DEP Notice – 2011 Drinking Water Priority System/Intended Use Plan

7.   Environmental Commission Minutes – Dec. 8, 2010

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

Mr. Rusnak made a motion to approve the Bills List as summarized below, seconded by Mr. McConville:

Current Fund  0-01      $79,498.95

Current Fund  1-01      $340,458.68

Sewer Utility Operating Fund - $4,592.36

General Capital - $3,500.00

Grant Fund - $8,062.20

Dog Trust  -  $4,083.33

Treasurers Trust - $6,167.19

Recreation Trust - $4,386.22

TOTAL OF ALL FUNDS - $450,748.93

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

Borough Administrator Glenn Cullen advised the governing body that the backhoe at DPW has a broken axel and the Council needs to consider purchasing a new one.

Borough Engineer Len Miller reviewed the Energy Grant.

Mr. Bengivenga thanked the Traffic Safety Advisory commission for their support of the Hollywood Avenue Extension.

Mr. Barletta reported on a Shared Services meeting he attended and commented that those in attendance were impressed with the amount of services the Borough and Board share.  He also acknowledged Debbie Boyle for her primary role in the Shared Services efforts.

Mr. Salerno reported that DPW is in need of a new salter.  The current one is 21 years old and in poor shape.  Mr. Cullen elaborated and agreed with Mr. Salerno.

Mr. McConville announced that the Cultural Arts Comm. will be holding auditions for their annual Talent Showcase at Wesley Methodist Church on April 9^th & 10^th.  The show will be May 11^th at 2pm.

Ms. Buteas expressed thanks to Debbie Boyle for her work on Shared Services and also Bob Capparelli and DPW for their continued efforts with snow clearance.  She announced that the Environmental Commission will hold the annual Town Clean-up on April 23^rd.  Suburban Women’s Club will hold a Fashion Show on April 10^th and as part of Women’s History Month, she will again hold an Essay Contest.

Mr. Rusnak commended Ms. Buteas on continuing the Essay Contest.  He reminded the public that there will be a charity basketball game between the PBA and borough residents on Saturday, February 12^th at SPHS.  He also announced that he will be meeting with the Library board on Wednesday.

Mayor Anesh commented on several functions he was able to attend including the Elks Pancake Breakfast and the SP Midget Cheerleaders presentation.  The Mayor also presented the Catholic Schools Week proclamation to Father John at the 9am mass last Sunday.  The Adult and Children’s Choirs were great. He also reported that he re-affirmed the borough’s participation in the Mayors Wellness Program and asked the Council to consider programs they would like to address.

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

Al Lepore thanked the Negotiating teams for coming up with what seems to be a very reasonable contract in these trying economic times.

Frank Mikorski thanked Debbie Boyle for her efforts with the Shared Services Committee and remarked on a recent suggestion regarding oil changes for school vehicles.  Turning to land sales, he urged the Council to earmark land sale proceeds to DPW equipment replacements.

He commented that perhaps the Board of Ed could share their salter.

Lloyd McNelly credited the organizing of the upcoming PBA Basketball charity game to the  efforts of Debbie Boyle and acknowledged her efforts on behalf of Jerry Bartolotti.

Debbie Boyle commented on the County Shared Services meeting and thanked the Council for support of the program.  She also publicized the detail of the charity basketball game on 2/12/11.

Debbie Bergen addressed the Council over her concern for the work of the Ad Hoc Committee and the loss of continued support and expertise of the Engineer from Remington Vernick.  She also pointed out that in her opinion, the committee is no longer the non-political committee it once was. 

Mayor Anesh assured Mrs. Bergen that Remington Vernick will continue through the DEP Permit application phase after which time T & M will take over

Les Bergen asked for clarification regarding the library proposal after reading an Editorial in the paper.

Mr. Rusnak explained that the council is seeking a mutual agreement with the Library Board

He will be meeting with them on Wednesday evening to discuss the matter.

Jake Cataldo addressed the Council about an article her read involving the Pisaniello property on Hollywood Ave.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk