Minutes from the January 24, 2011 Public Meeting                                  

of the South Plainfield Mayor and Council

The meeting was called to order at 7:25pm 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.  

Mayor Anesh presented a proclamation: “2011 National Wear Red Day for Women” to Debbie Boyle and Darlene Pinto which calls attention to the dangers of cardiovascular diseases to women.  The Mayor also presented a proclamation to Sacred Heart School Principal Golden recognizing “Catholic Schools Week”.

Mayor Anesh called for a motion to approve the minutes of January 24^th.   Mr. McConville made a motion to accept the minutes of January 24, 2011 Agenda and Public; seconded by Mr. Barletta.

Mr. Bengivenga asked for the portion of the minutes on the bottom of page 5 to be amended.  He stated that the Council agreed to publish the agenda on the Thursday prior to the Council meeting but did not agreed to a policy.  The minutes will be corrected as stated.

Mr. Rusnak made a suggestion that everyone should try to get their agenda items to the Clerk by Thursday.

YES:           Barletta, Bengivenga, Buteas, McConville, Salerno            

ABSTAIN:  Rusnak                                                                                            Motion Carried

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

Charlie Butrico asked for the exact location of Sunset Acres Realty ( Res. # 11-016 ) and the property owners.  Mr. Anesh gave the physical address of 4301 South Clinton Avenue.  It was described as a small strip mall.  Regarding # 11-020, Mr. Butrico asked if it will now be the policy of the council not to appoint council members to committees if they are running for election in the fall?  He stressed that his point is that it was originally agreed that the committee was to continue to function in helping to move the project forward.

Mr. Rusnak responded by stating that the job of the committee is pretty well done at this point.  If for some reason their services are needed in the future, then they will be called upon for their assistance.  The responsibility for the next step in the process falls on the Council and the Administration & Finance Committee. 

Dennis Little responded to comments made by Ms. Buteas and Mr. Butrico about politicizing the Library Committee saying that they were the ones being political and that she can get on the committee if she decides not to seek re-election and she has a final vote on who serves.

Yvonne Viscosi commented on the tension in the room and urged the governing body to rise above their differences and work together for the good of the community

Frank Mikorski suggested to the Council that more detailed information should be included when a tax appeal is on the agenda.  He asked about the status of the Senior Center CO which Mr. Cullen confirmed had been issued.  Mr. Mikorski also commented on the loss of so many catholic schools over the past number of years.

Mayor Anesh closed the public portion and called for Ordinance #1913

Ms. Graf read Ordinance # 1913 for Public Hearing and final adoption 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:

 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.

As this is a final reading, Mayor Anesh opened a public hearing on the ordinance.  There were no comments.

Mr. McConville made a motion to adopt Ordinance # 1913, seconded by Mr. Bengivenga.

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

Ms. Buteas asked for clarification on Resolution # 11-021.  She also asked whether any member of the governing body try to reach out to the MCUA to discuss the issue personally. 

Mr. Bengivenga explained the reasons for the resolution and the need to urge MCUA to rescind the increase in fees.

Ms. Buteas suggested that the Council consider hiring a special engineer to analyze and address the issues such as infiltration.

Mr. Cullen outlined cost factors which have impacted the rates including a major capital project by MCUA and the lost of users which therefore raising the borough’s cost share substantially.

Mr. Barletta made a motion to approve Resolutions 11-013 through 11-021, seconded by Mr. Bengivenga, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-013

WHEREAS, the Superintendent of Public Works has determined that, during snow storms, the current workforce at DPW cannot adequately provide the required coverage for snow removal and therefore needs to supplement staff with outside contractors; and

WHEREAS, a Request for Proposals was advertised in the official newspaper and Green View Landscaping, of 550 Hollywood Ave, South Plainfield responded and is qualified to provide snow removal services to the borough;

NOW, THEREFORE, the Mayor and Municipal Clerk are hereby authorized to execute a service contract between the Borough of South Plainfield Green View Landscaping to provide snow removal services for the 2011 winter season per the bid specifications submitted.

#11-014

WHEREAS, the Cultural Arts Commission consists of 13 members and the members are appointed by the Mayor with the advice and consent of the Borough Council; and

WHEREAS, vacancies currently exist on the Cultural Arts Commission for full three year terms;

NOW, THEREFORE, the following residents are hereby appointed by Mayor Anesh with the advice and consent of the Borough Council, to serve as members of the Cultural Arts Commission, effective January 24, 2011, said term to expire December 31, 2013.

1. Richard Veit, 2317 Linden Ave, South Plainfield, NJ 

2. Yvonne Viscosi, 610 Spicer, South Plainfield, NJ 

3.  Suzanne Lepore, 1665 Bullard Pl, South Plainfield,   

#11-015

WHEREAS, a need exists to supplement the workforce of the Department of Public Works during the winter months for snow removal efforts; and

WHEREAS, winter seasonal employees shall be hired as temporary, per diem employees who are paid on an hourly basis and shall be given work assignments at the discretion and the direction of the Borough Administrator or his delegate; and

WHEREAS, the term "per diem" is intended to encompass those municipal employees whose compensation is predicated upon a seasonal hourly basis of payment, exclusive of benefits, as follows:

·          Truck Driver ( CDL License required )                       $30.00 per hour

·          Snow Shoveling or Snow Blower manpower               $15.00 per hour

·          Vendor with own snow blower                                $20.00 per hour

NOW THEREFORE BE IT RESOLVED that authorization is hereby granted to establish a list of Per Diem seasonal employees in the Department of Public Works for the purpose of borough-wide snow removal; said employees to work at the direction of the Administrator for the title and rate indicated.  A current list is attached.

#11-016

WHEREAS, the taxpayer, Sunset Acres Realty (ATaxpayer@) has appealed the real estate tax assessment on its shopping center property located at 4301 South Clinton Avenue, also known as Block 445, Lot 7, for the tax years 2008, 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 010549-2008, 013921-2009, 015288-2010; and 

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to withdraw its 2008 and 2009 appeals in the Tax Court and accept a reduction of the 2010 assessment from $440,200 for that year (which equates to an equalized value of $1,274,500 X average ratio of 34.54%) to a reduced total tax assessment of $407,600 (which equates to an equalized value of 1,076,400 X average ratio of 34.54%), and by agreeing to a 2011 assessment of $377,600 (true value of $92 per square foot or $1,076,400 x average ratio of 35.08%); and

WHEREAS, the Borough appraiser, Russell Sterling, MAI, recommended the settlement be approved because his opinion of the market value of the property in 2010 and 2011 was less than the equalized agreed to settlements, and his opinion that the Borough was not able to defend the 2010 assessment, and therefore, this proposed settlement is reasonable and reflects the correct market values for the property which was over assessed in 2010; and

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

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

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

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

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

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

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

1.     The Borough Tax Assessor is hereby directed to establish allocation between land  and improvements of a $32,600 total tax assessment reduction for the 2010 tax    year, for Block 445, Lot 7, which are most beneficial to the Borough and advise    the   Borough Attorney of that allocation.

2.     The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $377,600 total tax assessment for the 2011 tax year for Block 445, Lot 7, which is most beneficial to the Borough and advise the Borough Attorney of that allocation

3.       The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of Sunset Acres Realty v. Borough of South Plainfield, Docket Nos. 010549-2008, 013921-2009, 015288-2010; which withdraw the Plaintiff's 2008 and 2009 tax year appeals;  which reduce the 2010 total tax assessment on block 445, Lot 7 from $440,200 to a reduced total tax assessment of $407,600 in 2010; which prospectively reduce the 2011 total tax assessment to a total tax assessment of $377,600; and which further provides that the allocation between the land and improvements as established by the Borough Tax Assessor shall be set forth in said Stipulations of Settlement; which further provides that said taxpayer agrees to accept credits in lieu of refund; which further provides that said taxpayer will waive the right to appeal the 2011 assessment except for the purpose of obtaining a judgment to implement, enforce and/or confirm the agreed to 2011 assessment.

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

#11-017

WHEREAS the Borough of South Plainfield is in need of a professional architect to provide design, construction documents, bids and construction administration for the insulation project at the South Plainfield Senior Center; and

WHEREAS the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts as “Professional Services” without competitive bidding must be publicly advertised; and

WHEREAS, Cornerstone Architectural Group has submitted a proposal to perform the services described at a cost not to exceed $5,500.00;

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

      Cornerstone Architectural Group, LLC, 202 Hamilton Blvd., South Plainfield, NJ 07080

      to provide design, construction documents, bids and construction administration for

      the insulation project at the South Plainfield Senior Center

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

      ten (10) days of its passage.

#11-018          

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

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.

   Calendar Year 2011

#11-019          

WHEREAS, T-Mobile Northeast, LLC has presently pending before the Zoning Board of Adjustment of the Borough of South Plainfield an application; and

WHEREAS, the Board of Adjustment retained the Center for Municipal Solutions (hereinafter referred to as “CMS”) as a consultant with regard to radio frequency aspects of the application, and Richard Comi of CMS has provided consulting services, and presented a bill for such services; and

WHEREAS, CMS is billing its services at the rate of $250.00 per hour, and T-Mobile has disputed the hourly rate and charges; and

WHEREAS, New Jersey State statute, N.J.S.A. 40:55D-53.2, provides that the Governing Body or its designee must attempt to mediate any disputed professional fees of an application before a Zoning Board within a reasonable period of time; 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, Borough Attorney Paul R. Rizzo, Esq. is appointed as designee of the Governing Body of the Borough to mediate the dispute as presented by T-Mobile Northeast, LLC.

#11-020

a special committee is hereby authorized to plan a 10^th Anniversary 9/11 Memorial ceremony for September 2011.

#11-021

WHEREAS, the Middlesex County Utilities Authority has increased its sewer treatment rates for 2011, which will increase fees to the Borough of South Plainfield by more than 11%; and

WHEREAS, these costs are the largest line item in the Borough’s sewer utility budget by far; and

WHEREAS, this rate increase will directly increase the sewer fees paid by businesses and residents of South Plainfield during a national recession and during a time that these businesses and residents can least afford an increase;

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield, hereby, asks the Middlesex County Utilities Authority to find ways to cut its costs and, if need be, utilize more surplus, in order to reduce and rescind any rate increase to Middlesex County Utilities Authority users, including the Plainfield Area Regional Sewer Authority (PARSA) and the Borough of South Plainfield. 

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Plainfield Area Regional Sewer Authority and all of its members, the Middlesex County Utilities Authority and all of its members, the Clerk of the Middlesex County Board of Chosen Freeholders and all its members. 

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

Mr. Barletta made a motion to approve Resolutions 11-022, seconded by Mr. Bengivenga as follows:

#11-022

WHEREAS, the Borough of South Plainfield Council desires to have an Ad Hoc Committee regarding the construction of a new Library.

WHEREAS, the said committee, will only act as an advisory to the South Plainfield Governing Body and the Library Board of Trustees; and

WHEREAS, the committee shall consist of the following 7 members:

  Two Representatives from the Library Board of Trustees

  Two Members of the General Public

  Two Members of the Borough Council

  The Mayor who shall serve as Chairman of the Committee

WHEREAS, the Library Board of Trustees shall appoint its members, the Council shall appoint the members of the General Public and the Council President shall appoint the members of the Borough Council.

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield hereby approves the establishment of an Ad Hoc Library Committee as set forth herein.

BE IT FURTHER RESOLVED that the Borough Council hereby appoints Robert Golon and Suzanne Lepore as the two members of the general public to serve on the Ad Hoc Committee.

YES:  Barletta, Bengivenga, McConville, and Rusnak

NO:    Buteas, Salerno                                                                       Motion Carried

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

1.      Recreation Commission minutes of  December 14, 2010

2.      Environmental Department Report – December 2010

3.      Middlesex County Planning Board minutes – December 14, 2010

4.      Library Board of Trustees Meeting – December 14, 2010

5.      Recycling Report – December 2010

6.      Middlesex County Freeholder Clerk – Recommendation for replacement

  appointee for Dismal Swamp Preservation Commission

   7. Library Board Minutes – December 14, 2010

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

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

Mr. Barletta. 

PAYMENT OF BILLS

            Current Fund -  0-01 - $54,516.33

            Current Fund – 1-01 - $162,718.76

           Sewer Utility Operating Fund  -  $6,300.00

            General Capital - $69,784.69

            Grant Fund - $2,645.48

            Dog Trust - $64.00

           Treasurers Trust - $762.70

            Recreation Trust -  $2,702.17

       TOTAL OF ALL FUNDS - $299,494.13

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

Turning to Reports, Mr. Cullen distributed a letter from Maser Consulting updating the status on the Suburban Bus Co. environmental study.  The letter stated the level of contamination appears to be much smaller than expected.   Mr. Cullen also reported that the DLGS approved the ordinance to cover the cost of the BIT Holding tax appeal.  The State budget calendar has been moved back.  Mr. Cullen also reported that the ratable base for 2011 will be declining by between $9 and $10 million dollars. And finally, Mr. Cullen gave a brief summary of the impact of the snow storms on the budget.  Data from the Dec. 26^th storm has been prepared in the event that aid is available.

Mr. Miller gave a summary report of borough engineering projects and reviewed their progress.

He emphasized the need to complete the right of way acquisitions for the New Durham / Corporate Ct. County project.

Mr. Bengivenga expressed his thanks for being invited to the Firemen’s Dinner. He also commented on the Ponytail fundraiser.  He reported that the CBDG Committee met and the public hearing for 2011 will be held on February 7 at 645pm, preceding the Agenda meeting.

He also welcomed the new Cultural Arts members.

Mr. Barletta reported on the BAG meeting and the group’s intention to address improvements to the downtown area including signage and awnings.  He commented on the success of the Peace and Non-violence program held at Wesley Methodist Church on Jan. 16^th.    He announced that the Shared Services committee would meet with the Board of Ed on Jan. 27^th.

Mr. Salerno thanked the DPW crew for all their efforts with the snow removal and what a great job they continue to do.

Mr. McConville congratulated the newly appointed members of the Cultural Arts Council and announced that the committee will be meeting on Jan. 25^th at 7pm at Sherbans. He also congratulated the Ponytail group for a great fundraiser.

Ms. Buteas echoed the sentiments of her colleagues regarding the hard work of the DPW and the recent social events.  She announced the Town Clean-up is scheduled for April 23^rd. She also welcomed the new members to Cultural Arts Commission and commented on the success of several recent programs.

Mayor Anesh complimented Council members Buteas and Barletta for on their speeches during the Peace and non-violence program.  He announced that he received a donation of $250.00 for the Fire Dept. fund drive.  He asked the Council to reach out to their department heads regarding their capital replacement needs for the 2011 budget.  The Mayor also noted that the COAH Bill S-1 was vetoed by the Governor.

Mayor Anesh opened the meeting for comments from the public.

Debbie Boyle thanked the governing body for the proclamation to wear red and also for the borough’s help with recent snow removal efforts.  She reported that the Business Association began their new year with their new President, Nancy Grennier and they are looking forward to a new and exciting year.  Debbie also announced that a fundraiser is being planned for a PBA / PTO basketball game with the proceeds going to Mr. Bartolotti.  She also mentioned the return of the Summer internship program and the Essay contest with more details to follow.

Frank Mikorski acknowledged Chief Parker’s appointment which took place at the last meeting.  He also commented on the unprofessional behavior of the teachers relative to contract negotiations.

Joe Scrudato asked for an update on the By-laws revision and the traffic signal on New Market & So. Clinton Ave.

Charlie Butrico asked for information on the ratable base reduction that Mr. Cullen mentioned earlier in the evening and what the dollar impact would be.  Mr. Cullen said it would be approximately $450,000 total with 30% of that making up the borough’s share.  Mr. Butrico pointed out that something must be done to address all the tax appeals.  He next commented on something he was told 3^rd party which concerned him.  He was told that certain members of the Zoning and Planning Boards were told who to vote for on the appointment of board professionals.  Mr. Barletta and Mr. Rusnak strongly disagreed.  Mr. Butrico also questioned why the public was not permitted to speak at the meeting he attended.  He pointed out that it is never a bad thing to allow the public speak at any meeting.  Mr. Barletta replied that the public never speaks at Re-organization meeting of either board.

Dennis Little responded to Mr. Butrico’s  question of who “we” is.  Mr. Little said that “we” is the Borough.

Derryck White, a newly appointed member of the Zoning Board stated that no one will ever tell him how to vote as a board member and that he takes his vote and his responsibility very seriously.

Mayor Anesh closed the public portion of the meeting.

Mr. Rizzo and Mr. Cullen both stated that their Executive session matters could wait until next meeting so the Council could attend the Murtagh wake.  Therefore, Mr. Bengivenga made a motion to adjourn, seconded by Mr. McConville.

The meeting was adjourned at 8:25pm.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk