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Minutes from the January 10, 2011 Public Meeting                          

of the South Plainfield Mayor and Council

The meeting was called to order at 7:20pm 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, and Salerno. Mr. Rusnak was excused due to a family matter.

After the Pledge of Allegiance, the Invocation was offered by Reverend Charles Mingle.

The first order of business was the promotion of Provisional Chief James Parker to the permanent position of Chief of Police and Lieutenant Matthew Koep to Police Captain.

Mr. Bengivenga made a motion to approve Resolution # 11-001, seconded by Mr. McConville.

#11-001

Provisional Police Chief James Parker is hereby promoted within the South Plainfield Police Department to the permanent title of Chief of Police, effective January 10, 2011, at a salary of $157,808.

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

Mr. Bengivenga made a motion to approve Resolution # 11-002, seconded by Mr. Barletta.

#11-002

the promotion of Lieutenant Matthew Koep to the rank of Captain  within the South Plainfield Police Department is hereby approved, effective January 10, 2011, at a salary of $140,900

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

Public Safety Liaison Bengivenga administered the Oath of Office to Chief Parker and Captain Koep after which each member of the Governing Body offered their congratulations and commendation for the Officers’ dedication and record of service to the community.  
They were wished good luck and God speed.

Mr. McConville made a motion to accept the minutes of December 30, 2010 Agenda, Executive and Public; seconded by Mr. Bengivenga

YES:  Bengivenga, Buteas, McConville, Salerno   

ABSTAIN: Barletta                                                                                    Motion Carried

Mr. Barletta made a motion to accept the minutes of the January 2, 2011 Re-organization meeting; seconded by Mr. Bengivenga.

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

Mayor Anesh opened the meeting to the Public for comments on Agenda items only. There we no comments so Mayor Anesh closed the public portion and called for a motion on Ordinance #

1913.

Clerk Graf read Ordinance # 1913 by title only on first reading for introduction as follows:

# 1913 entitled:  An ordinance establishing rates for use of the South Plainfield Community

                         Pool for 2011

BE IT ORDAINED by the Mayor and Borough Council of the Borough of South Plainfield that the following rates shall be established for use of the South Plainfield Community Pool for 2011:

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Resident                                   On or Before 4/29                    After 4/29

Family                                      $275 & 10 passes                     $325 & 10 passes

Individual                                 $150 & 10 passes                     $200 & 10  passes

Senior Citizen                            $50 & 10 passes                       $70 & 10 passes

Nonresident

Family                                      $500 & 10 passes                     $500 no passes

Individual                                 $240 & 10 passes                     $240 no passes

Senior Citizen                            $100 & 10 passes                     $100 no passes

Individual membership applies to residents of South Plainfield age 12 or over (Applicants under 18 years of age must have parental consent). Family is considered a husband and wife and their children (if any) residing at the family home in South Plainfield. Children included under this membership are those born after September 1, 1999 or who are a full time college student (valid college ID required) or fully dependent (severe physical/mental disability).  Senior citizens are resident of the Borough age 62 or older.

DAILY ADMISSION PASSES

Everyone must provide proper identification

                                                Monday – Friday                          Weekends/Holidays

                                                Resident     Nonresident          Resident     Nonresident

All ages before 5:00pm                 $ 8                  $15                      $10               $20

All ages after 5:00pm                  $ 5                  $  8                      $  5               $ 8

Groups – 20 or more*                    $ 5                                              $  5

FURTHER BE IT RESOLVED that this Ordinance shall become effective immediately after final adoption and publication in accordance with the law.

Mr. Bengivenga made a motion to approve Ordinance # 1913 on introduction, seconded by Mr. McConville

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

Mr. Bengivenga made a motion to approve Resolutions 11-003 through 11-012, seconded by Mr. Salerno, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-003

Jason Treich is hereby hired as a full time Laborer III in the Dept. of Public Works at an hourly rate of $19.48 with benefits, effective January 10, 2011.

#11-004

the website  “southplainfieldnj.com” is hereby designated as the official website for the Borough of  South Plainfield.

#11-005

Dorothy Miele is hereby re-appointed Chairperson of the South Plainfield Environmental Commission, for a one year term expiring December 31, 2011.

#11-006

on the recommendation of the Recreation Director and Commission, Brian Kelly and Lois Garbowsky are hereby hired as Recreation Attendants at the rate of   $11.65/ hour to replace Fred Kirchofer and Nancy Fishbein

#11-007

the request by Nativity of the Blessed Virgin Orthodox Church to waive the fees for a minor subdivision application for Block 364, Lot 4, Delmore Avenue, is hereby approved.

#11-008           withdrawn by CFO prior to vote

#11-009          

WHEREAS, N.J.S.A. 40A:4-58 permits appropriation transfers during the last two months of the fiscal year, for the purposes specified and in excess of sums appropriated in the Budget; and

WHEREAS, such transfers must be approved by a vote of not less than two-thirds of the full membership of the governing body.

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NOW, THEREFORE, BE IT RESOLVED that the following transfers be approved in accordance with State Statute:

#11-010

WHEREAS, the Borough of South Plainfield desires to enter into a Developer’s Agreement with Ryan 100 Holdings, LLC, whose address is 100 Ryan Street, South Plainfield, NJ 07080; and

WHEREAS, the Developer is the owner of the land known as Block 477, Lot 1 as shown on the Tax Map of the Borough of South Plainfield, herein referred to as the subject property; and

WHEREAS, the South Plainfield Planning Board has granted appropriate development approvals as part of Case No. 730-Site/V; and

WHEREAS, the Developer, in recognition of its civic obligation, has voluntarily offered to contribute $15,103.00 to the Borough of South Plainfield in lieu of the immediate improvement

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of Ryan Street to full borough standards which revised site plan is approved by the Planning Board, said donation to be used by the borough for future development.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that in consideration of the covenants, promises and consideration herein contained and the benefits conferred, the parties for themselves, their successors and assigns, agree to the terms of the agreement as stated in the “Developer’s Agreement” attached hereto.

BE IT FURTHER RESOLVED that Mayor Matthew Anesh is hereby authorized, directed and empowered to execute the said Developer’s Agreement for and on behalf of the Borough of South Plainfield, binding the Borough to the terms thereof.

#11-011

WHEREAS, on January 5, 2011 an emergency  involving the Lowden Avenue Pumping Station occurred which seriously affected the public health, safety and welfare of the borough [N.J.S.A. 40A:11-6]  which required the immediate delivery of goods and services; and

WHEREAS, the formal chain of command was followed and the Borough Administrator authorized immediate action which included engaging the services of Pumping Services, Inc. 201 Lincoln Blvd., Middlesex, NJ 08846 to provide site excavating and replacement of the broken Force Main Piping; and

WHEREAS, the cost of said services shall not exceed $10,000.00; and

WHEREAS, pursuant to N.J.S.A. 40A:4-52, an Affidavit of the Chief Financial Officer shall issue regarding this emergency appropriation;

NOW, THEREFORE, it is hereby resolved by the South Plainfield Borough Council that the emergency appropriation to hire Pumping Systems, Inc to repair the break in the Force Main pipe at the Lowden Avenue Pumping Station was a necessary decision which required emergency action to insure the public health, safety and welfare.

BE IT FURTHER RESOLVED that two (2) copies of this resolution are to be filed with the Director of the Division of Local Government Services as well as the Emergency Procurement Report which must be filed within 30 days of the emergency.

#11-012

WHEREAS, on January 5, 2011 an emergency  involving the Lowden Avenue Pumping Station occurred which seriously affected the public health, safety and welfare of the borough [N.J.S.A. 40A:11-6]  which required the immediate delivery of goods and services; and

WHEREAS, the formal chain of command was followed and the Borough Administrator authorized immediate action which included engaging the services of Miglis General Contracting.Inc,  South Plainfield to install a new deck at the Lowden Ave station; and

WHEREAS, the cost of said services shall not exceed $4,000.00; and

WHEREAS, pursuant to N.J.S.A. 40A:4-52, an Affidavit of the Chief Financial Officer shall issue regarding this emergency appropriation;

NOW, THEREFORE, it is hereby resolved by the South Plainfield Borough Council that the emergency appropriation to hire Miglis General Contracting, Inc to repair the break in the Force Main pipe at the Lowden Avenue Pumping Station was a necessary decision which required emergency action to insure the public health, safety and welfare.

BE IT FURTHER RESOLVED that two (2) copies of this resolution are to be filed with the Director of the Division of Local Government Services as well as the Emergency Procurement Report which must be filed within 30 days of the emergency.

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

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

1. Recreation Commission Minutes – Nov. 9, 2010
2. Environmental Commission Minutes – November 10, 2011

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3. Code Enforcement Monthly Report – December 2010

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:

        Current Fund - $202,720.11

Sewer Utility Operating Fund  -  $32,686.47 

        Pool Utility Operating Fund – $1,000.00 

         Current Fund – 1-01 - $243,496.39

       General Capital - $109,174.05

       Grant Fund - $1,383.02         

       Dog Trust - $9.60

      Treasurers Trust - $12,159.23

      Recreation Trust -  $4,222.50

       TOTAL OF ALL FUNDS - $606,851.37

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

REPORTS:

Mr. Bengivenga commented on the FEMA grant that the Borough received to assist with the cost of the flood emergencies experienced in 2010.

Mr. Barletta expressed his appreciation for all those who attended the Re-organization meeting on Jan. 2^nd and in particular, Congressman Lance and former Governor DiFrancesco who took time from their busy schedules to come and administer the Oath of Office.

Ms. Buteas asked that the state be contacted to remove the graffiti on the wall near exit 5 of Rte 287.  Next, she thanked OEM Coordinator Mike Zushma for all his efforts to get the FEMA grant.  She then noted that the no left from McKinley is still a serious problem in need of a solution before an accident happens.  Ms. Buteas also called attention to the fact that trucks seem to be finding their way back on Hamilton & Belmont.  She asked if a stipend is being paid to John Pabst for attending Planning Board meetings.  She was told no.  She asked if Glenn Cullen

would receive a stipend for being a PARSA Commissioner and was told yes.  Ms. Buteas commented on the lateness of the Agenda and Council packet for tonight’s meeting.   She concluded by commenting on the lack of notification to new appointees and more importantly, proper notification to those who were not being re-appointed.

Mr. Salerno reported that DPW was in need of a new salter.  He asked the Council for their input and support for this request.

Mr. Miller reported on the block grant for energy and the intended use for the direct install program.

Mr. Cullen reported that he will be including a resolution authorizing a contract for architectural services associated with the insulation project at the Senior Center which is funded through the Housing and Community Development Block Grant.  He also reported that another storm is expected and the Board of Ed is looking for help from DPW with a front end loader to help clean the schools.

Mr. Bengivenga also reported that the CDBG program may lose funding in 2011.  He will schedule a meeting with the Housing and Community Development Advisory Committee in the coming week.

Mayor Anesh commented on the FEMA grant and also on the auto accident that resulted in the house fire on Rush St.

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

Supt. Capparelli thanked Mr. Salerno and Mr. Bengivenga for coming to DPW during the storm and also for the newly hired laborer who is very talented and will be a much needed addition to the crew.

Steve Danyo congratulated Mayor Anesh and Councilmen Rusnak and McConville on their victory.  He thanked Ms. Buteas for voting against the sewer rate increase.  He thanked Cappy and Public Works for their hard work and great job during the blizzard.  He asked if there is

sufficient manpower.  Mayor Anesh responded to Mr. Danyo’s questions.  Next Mr. Danyo complained about being treated poorly by a DPW staff member.

Ginny O’Brien asked Chief Parker if the police are still patrolling Ciccio’s strip mall.  He responded that they are.  She then asked why violators are not ticketed for cars in street during snow storms.  Chief Parker replied that they are.  She also asked if it would be possible for the town to shovel the crosswalks for school kids rather than pile it up.

Ms. Buteas asked about pre-emptive action and help from the Board of Ed.

Nancy Grennier reported that once again she did not receive the snow phone calls at her home.

She asked about the FEMA grant and who gets the money.  She was told that the town does.  She also suggested that perhaps Restaurant Depot could help divert vehicles from exiting onto McKinley thereby avoiding the left hand turn problem.

Debbie Boyle thanks the governing body for their help with schools during snow storms.  She also mentioned the possibility of the Peer Leadership students helping seniors with snow removal.

Debbie Bergen commented on the poor condition of the courtroom ceiling.  She asked when the next Ad Hoc committee meeting would be.  She was told January 27^th.  Mrs. Bergen thanked Ms. Buteas for her help with trucks on Hamilton Blvd.   She explained what she has been experiencing as a resident on Hamilton Blvd.

Mr. Bengivenga responded by suggesting stepped up patrolling and increased signage.

Mr. Barletta suggested that GPS programming may be contributing to the problem as the truck route may not be properly designated and recommended that the trucking companies be sent a letter asking them to make their drivers aware of the correct route.

Les Bergen asked if we still have two members on the Dismal Swamp Preservation Commission.

He was told yes.

Charlie Butrico agreed that truck traffic on Hamilton and Belmont is getting worse. He commended DPW for their efforts dealing with the snow storms. Mr. Butrico asked for clarification on why the governing body decided to change insurance companies.

Mr. Cullen responded and stated that there were very specific reasons for the change and he cited several examples.

Mr. Butrico asked about the change in the Engineer for the Alternate Truck Route pointing out that Remington Vernick has spent the last 18 months working on the project and is poised to submit the DEP applications.   He said it doesn’t make sense to change.

Mayor Anesh replied that the project is ready to enter a new phase which will require more borough oversight and so this project is being rolled into the duties of the Borough Engineer.

Remington Vernick will file the application and then transition it to T & M.

Mr. Butrico stated he was very disappointed that Marie Dolinski was not re-appointed to the Health Advisory Board.  She lived for that board and was very hurt to learn that she was dropped off the board.   He concluded by recommended that the Council recognize that you are only as good as your word.  Don’t make promises you don’t intend to keep.

Former Police Officer Bill Cochrane commended the Mayor and Council for their appointment of James Parker as the Borough’s Chief of Police.  He praised Chief Parker calling him a gentleman, a knowledgeable officer and an asset to the borough

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Steve Danyo asked for a status on the proposed library.

Mayor Anesh closed the public portion and called for a motion to adjourn.

Mr. Bengivenga made a motion to adjourn, seconded by Mr. Barletta.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk