Minutes from the June 20, 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, and Rusnak.  Mr. Salerno was absent.

After the Pledge of Allegiance, the Invocation was offered by Councilman Barletta.

Mr. Barletta made a motion to accept the Agenda, Public and Executive # 2 meeting minutes of June 6, 2011; seconded by Mr. Bengivenga.

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

The Mayor opened the meeting to the Public for comments on Agenda items only.  There were no comments offered. Mayor Anesh closed the Public portion and called for Ordinance # 1932

Ms. Graf read Ordinance # 1932 by title only for Public Hearing and Final adoption as follows:

#1932 entitled: An Ordinance Regulating Off-Road Vehicles within the Borough of South

                       Plainfield, Middlesex County, New Jersey.

WHEREAS, it is the desire of the Governing Body of the Borough of South Plainfield to regulate the operation of off-road vehicles within the Borough of South Plainfield;

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

1.         The purpose of this Ordinance shall be to set standards for the operation of motor-driven off-road vehicles within the Borough of South Plainfield to minimize the impact of operation of such vehicles on residents of the Borough, the public at large, the environment, and ensure minimum standards of safety.

2.         As used in this Chapter, the following terms shall have the meanings indicated:

                       a.     Motor Vehicle – Any vehicle that is propelled by other than human or animal power;

                       b.     Off-Road Vehicle – Motor vehicles which are capable of human transport and designed or used for the purpose of recreation off of the public right-of-way, including, but not limited to, all-terrain vehicles, trail/dirt bikes; mini bikes; go-carts; and snow mobiles.  This Chapter shall not apply to lawn mowers, tractors or farm, lawn, garden or similar equipment for residential use, or business or agricultural/ farming activities when used for purposes for which each was designed; and

                       c.     Public Property – Lands owned, leased or under the jurisdiction of the Borough of South Plainfield or the Borough of South Plainfield Board of Education.

3.         It shall be unlawful to operate any off-road vehicle under the following circumstances:

a.         On the property of another person or party, unless the operator of the off-road vehicle has written permission of the owner or legal occupant of said property to operate the off-road vehicle thereon, or said property owner is present.  Said written permission must be exhibited to police officers upon request;

b.         On any public street, sidewalk or bike path within the Borough;

c.         On public property unless written permission for operation of the off-road vehicle on said property has been specifically given by the applicable public authority; or

d.         Within 450 feet of an occupied dwelling, other than the dwelling of the operator, or on other property where permission has been granted in a manner creating:

1.         Any harsh, objectionable or unreasonable noise so as to disturb or interfere with the peace and quiet of other persons or which produces noise in violation of the Code of the Borough of South Plainfield; or

2.         The presence in the outdoor atmosphere of airborne dust, dirt or debris, or in an unsafe manner creating a physical hazard, beyond the property line on which the off-road vehicle operates such that it interferes with the enjoyment of life or property of the adjoining property occupant.

4.         It shall be unlawful for the owner or person having control or custody of an off-road vehicle to allow or enable a minor (under age 18) to operate said off-road vehicle in a manner violating any section of this Chapter.  When a minor operates an off-road vehicle in violation of this Chapter, it shall be a rebuttable presumption that the parent or guardian of said minor enabled the off-road vehicle to be so operated.

5.         Exemptions:

                        a.  Off-road vehicles used in or related to agricultural/farming               activities, gardening, yard work and for snow removal; or

                        b.   Loading and unloading of off-road vehicles during transit to
             and from public roadways.

6.         Reports of the prohibited acts from two or more persons who are in general agreement as to the times and duration of the prohibited acts and who reside in separate residences, including apartments and condominiums, located within 200 feet of a property line (boundary) from the property on which the source of prohibited acts occur shall create a rebuttable presumption of a violation of this Ordinance.  However, nothing in this Chapter shall preclude a single individual from registering a complaint for any violation of this Ordinance.

7.         It shall be unlawful for any off-road vehicle to be operated within the Borough of South Plainfield which does not conform to current Federal or State standards for the type of off-road vehicle in question.  If no such standard exists, then recognized standards by bodies or industry trade association standards shall be used, if available.

8.         It shall be unlawful for any off-road vehicle to be operated without a muffler.  For two-cycle engines, a United States Forest Service approved muffler/spark arrester combination is required.

9.         The following shall consist of violations and penalties;

a.         Violation of any section of this Chapter shall constitute a separate and distinct offense independent of the violation of any other section or any order issued pursuant to this Ordinance.  Each day of violation shall constitute an additional, separate and distinct offense;

b.         For a first violation of any section of this Chapter, the following penalty may be imposed:

                        1.         In a case where a minor is involved, a verbal first warning and a copy of this Ordinance may be provided to both the minor and the parent or legal guardian in lieu of a summons at the discretion of the police officer.  If a warning is issued, and if within 90 days, the off-road vehicle is in question is again operated in a manner which is found to be in violation of this Ordinance (not necessarily the same offense), the parent or guardian of the operator shall be cited for violation of this Chapter, and subject to the penalties herein;

                        2.         In cases where a minor is not involved, for a first offense, the operator shall be subject to a fine of not more than $1,000.00; and

                        3.         For a second or more violation of this Chapter, the violator shall be subject to a fine of $100.00 to $2,000.00, community service of 90 days, or both, within the discretion of the Municipal Court.

10.       If any section, paragraph, subdivision, clause or provision of this Ordinance shall be adjudged to be invalid, such adjudication shall apply to the section, paragraph, subdivision, clause or provision and the remainder of this Ordinance shall be deemed valid and effective.

This Ordinance shall take effect upon final passage and publication in accordance
with New Jersey law.

Mr. Barletta made a motion to adopt Ordinance # 1932; seconded by Mr. Rusnak.

As this is a final reading, Mayor Anesh held a public hearing on the ordinance.  No comments or objections were offered so the public hearing was closed and the Mayor
called for a roll call vote.

YES:  Barletta, Bengivenga, Buteas, McConville, Rusnak

Ms. Graf read Ordinance # 1933 by title only for Public Hearing and Final adoption as

follows:

#1933 entitled: An Ordinance authorizing the “acquisition of six P7300 Portable Radios

                       and the installation of new Antennas and Communication Systems at

                       Borough Hall for use by the South Plainfield Rescue Squad Located in

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

Section 1.        That the unspent funds  cancelled in ordinance #1708 & 1708A be returned to Capital Fund Balance and have $25,000 re-appropriated along with an additional $5,000 from the Capital Improvement Fund for the purchase of radio’s and communication equipment to be utilized by the South Plainfield Rescue Squad.  The funding requirements shall be identified as follows:                                

                                       Capital Fund Balance                                 $25,000.00

                                       Capital Improvement Fund                            5,000.00                  TOTAL                                                                                           $30,000.00

Section 2.        That the improvements described in Section 1 hereof shall be

                      authorized as general capital improvements for the Borough of

                      South Plainfield in the County of Middlesex, New Jersey.

Section 3.        It is hereby determined and declared by this Mayor and Borough

                      Council as follows:

A.    That the maximum estimated amount of money to be raised

from all sources for the purposes stated in Section 1, hereof,

is $30,000.00.

B.     That the cost for the equipment shall be $25,000 from Capital

     Fund Balance and $5,000 from the Capital Improvement Fund.

C.     The estimated useful life of said improvements is hereby

determined to be ten (10) years.

            Section 4.     That the total amount of the appropriation to be expended for

                              Architectural and inspection costs, legal costs, advertisement of

                               ordinance and other expenses as provided in Section 48:2-20 of

                               the Revised Statutes, is not to exceed $1,000.00.

            Section 5.     This ordinance shall take effect after final passage and publication

                               in accordance with the law.

Mr. Barletta made a motion to adopt Ordinance # 1933; seconded by Mr.Bengivenga.

As this is a final reading, Mayor Anesh held a public hearing on the ordinance.  No comments or objections were offered so the public hearing was closed and the Mayor
called for a roll call vote.

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

Ms. Graf read Ordinance # 1934 by title only for introduction:

#1934 entitled:  An Ordinance vacating the borough’s authority over a portion of Wooden

                       Avenue, Borough of South Plainfield, Middlesex County, New Jersey.

Mr. Barletta made a motion to adopt Ordinance # 1934; seconded by Mr. Bengivenga.

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

Ms. Graf read Ordinance # 1935 by title only for introduction:

#1935 entitled:  An Ordinance authorizing the sale of surplus municipal property pursuant

                        to N.J.S.A. 48:12-13.

Mr. Barletta made a motion to adopt Ordinance # 1935; seconded by Mr.Bengivenga.

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

Ms. Graf read Ordinance # 1936 by title only for introduction:

#1936 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.

Mr. Barletta made a motion to adopt Ordinance # 1936; seconded by Mr.Bengivenga.

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

Mr. Barletta made a motion to approve Resolution # 11-147 and 11-155 through 11-180, excluding Resolution #11-166 which will be voted on separately; seconded by Mr. Bengivenga   as follows:

#11-147

WHEREAS, applications for renewal of liquor licenses for the year 2011-2012 have been submitted; and

WHEREAS, no objections to said renewals have been filed; and

WHEREAS, the proper Borough and State fees have been paid by all applicants.

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of the Borough of South Plainfield that the following licensees be granted renewals of their liquor licenses for the year commencing July 1, 2011 and expiring June 30, 2012:

LIQUOR LICENSES           CORPORATE NAME                             DBA__________

1222-31-021-001                     American Legion

1222-31-022-002                     BPOE Lodge # 2298

1222-31-023-001                     Italian American Progressive League

1222-31-024-001                     Plainfield Curling Club, Inc.

1222-31-026-001                     VFW # 6763

1222-31-028-001                     Knights of Columbus

1222-32-009-005                     SRI Liquors, Inc.

1222-33-001-006                     JPRC, Inc                                      Liquid Assets

1222-33-003-005                     Ignite Restaurants                         Joe’s Crab Shack

1222-33-007-003                     GMRI, Inc                                     Red Lobster

1122-33-008-010                     Sonador                                         Adeline’s

1222-33-012-011                     Ruby Tuesdays

1222-33-013-007                     Red Robin Gourmet Burgers

1222-33-014-002                     SGS Asso. Inc                                 Sal’s

1222-33-015-005                     South Plainfield Hotels, LLC              Crystal’s

1222-33-016-009                          Madhusudan LLC                              Palace of Japuir

1222-33-017-003                     ZZZCorp                                         Flanagan’s

1222-33-018-004                     Norman’s Bar & Grill                         KC’s Corner

1222-33-019-006                     Brinel, LLC                                      Paulo’s

1222-33-020-001                     Polish National Home of SP

1222-36-030-002                     Friendwell Management LLC               Best Western

1222-44-004-007                     Witty’s Liquors of SP

1222-44-006-003                     Vito & Sons, Inc.                              Buy-Rite Liquors

1222-44-011-004                     WC South Plainfield LLC                     Wine Country

BE IT FURTHER RESOLVED that the Municipal Clerk is authorized to issue 2011-2012 liquor licenses to the above named licensees.

#11-155

authorization is hereby given to waive the sewer connection fee related to a sewer issue
at 1046 Sherman Avenue.

#11-156

WHEREAS, it has been determined a need exists for the South Plainfield EMS radio system to become interoperable with the Middlesex County 700/800 MHZ Radio System; and

WHEREAS, it is the recommendation of the Chief of Police to purchase Harris P7100 mobil and related program features, Dispatch Console interface and control station equipment to bring EMS
into fully interoperable radio communication system with Middlesex County; and

WHEREAS, the equipment and labor required is available from Tactical Public Safety, LLC through State Contracts A53753 and A53824 at a cost not to exceed $8,780.00; and

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

NOW, THEREFORE, BE IT RESOLVED that authorization is hereby granted by the governing body of the Borough of South Plainfield to purchase a Harris P7100 mobil and related program features, Dispatch Console interface and control station from Tactical Public Safety, LLC through State Contracts A53753 and A53824 at a cost not to exceed $8,780.00.

#11-157

WHEREAS, it has been determined a need exists for the South Plainfield EMS radio
system to become interoperable with the Middlesex County 700/800 MHZ Radio System; and

WHEREAS, it is the recommendation of the Chief of Police to purchase a Corner reflector antenna, polyphaser and related equipment and labor to install said equipment on the borough’s radio tower for use by the borough’s Rescue Squad; and

WHEREAS, the equipment and labor required is available from Tactical Public Safety,
LLC through State Contracts A53753 and A53824 at a cost not to exceed $5,058.65

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

 NOW, THEREFORE, BE IT RESOLVED that authorization is hereby granted by the governing body of the Borough of South Plainfield to purchase a Corner reflector antenna, polyphaser and related equipment and labor to install said equipment on the borough’s radio tower for use by the borough’s Rescue Squad from Tactical Public Safety, LLC
through State Contracts A53753 and A53824 at a cost not to exceed $5,058.65.

#11-158

WHEREAS, it has been determined a need exists for the South Plainfield EMS radio
system to become interoperable with the Middlesex County 700/800 MHZ Radio System; and

WHEREAS, it is the recommendation of the Chief of Police to purchase 6 Harris P7300 Portables with required feature sets, 6 lapel Microphones and related accessories for use
by the borough’s Rescue Squad; and

WHEREAS, the equipment and labor required is available from Tactical Public Safety, LLC through State Contract A53753 at a cost not to exceed $26,646.00; and

WHEREAS, the availability of funds for this purpose have been certified by the Chief Financial Officer with $10,000 coming from the South Plainfield EMS, Inc. and the balance
of $16.646.00 from the borough;

 NOW, THEREFORE, BE IT RESOLVED that authorization is hereby granted by the governing body of the Borough of South Plainfield to purchase a Corner reflector antenna, polyphaser and related equipment and labor to install said equipment on the borough’s radio tower for use by the borough’s Rescue Squad from Tactical Public Safety, LLC through State Contract A53753 at a cost to the Borough not to exceed $16,646.00.

#11-159

authorization is hereby given to waive the building fees, excluding electrical fees, for the alterations project  at the South Plainfield Senior Center.

#11-160

Approval is hereby given to permit the owners of 1009 Pitt Street to erect a shed on the side yard of their property where a municipal easement exists, pursuant to the attached formal agreement with the Borough of South Plainfield

#11-161

WHEREAS, the Governing Body approved the project for an expansion of the PAL building; and

WHEREAS, Architect Joseph Deandrea has been engaged to provide architectural services and bid administration for the project;

NOW, THEREFORE, the Municipal Clerk is hereby authorized and directed to advertise  for the solicitation of bid proposals for the expansion project.

#11-162

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 FY 2009 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.

#11-163

WHEREAS, the Middlesex County Housing and Community Development Agency has notified the Borough of South Plainfield of HUD’s funding reductions to 2011 CDBG discretionary aid; and

WHEREAS, the Borough’s projects list, approved by Resolution # 11-045 on February 22, 2011 needs to be adjusted to reflect the reductions made to the 2011 CDBG grant;

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of South Plainfield, as directed by the Middlesex County Housing and Community Development Director, do hereby approve the following changes to the 2011 project funds:

    1. Senior Citizen Coordinator salary - $12,000

    2. Senior Citizen Center improvements - $10,100 

    3. Continue the ADA accessible and handicap ramp program  -   $45,362

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.

#11-164

authorization is hereby given to waive the Type II Fire Permit fee of $166.00 for St. Stephen
Orthodox Church’s  4^th Annual International Festival to be held September 16, 17, and 18, 2011
on the Church grounds at 609 Lane Avenue, South Plainfield.

#11-165

WHEREAS a need exists to supplement the workforce of the Recreation Dept. from
June 27, 2011 to July 29, 2011  to staff the Summer Parks program; and

WHEREAS the list below has been recommended by the Recreation Director with the proposed salaries (as per the salary Ordinance). 

NOW THEREFORE BE IT RESOLVED that the following be employed as staff for the Summer Parks program in the Recreation Department from June 27, 2011 to  July 29,2011                                              

Head Counselor(Teacher Cert. req) 22.43/hr               Senior Counselor II 12.34  

Jennifer Gaster                                                                      Aimee Maiorino             

Michael Kavka                                                                         Megan Boyle

                                                                                           Chris Abbott    

Brian Murtagh                                                                        Selene Rayho

Patrick Sarullo                                                                       Jessica Senz             

Frank Wrublevski                                                                   Alyssa Sutherland                                                                                                                        

Senior Counselor 10.09/hr                                          Junior Counselor III 8.97/hr.                                                                                        

Tim Moskal                                                                             Jayme Bishop                                 

Lyndsey Murtagh                                                                    Catherine Krawiec

                           Alyssa McCreesh                                     Christina Monticchio                                                                                                                                                       

Junior Counselor II 8.41/hr.                                         Junior Counselor I  8.02/hr                                                                             

Head Tennis Instructor  14.97/ hr.                                Assist. Tennis Instructor  10.81/hr.

Natalie Colucci                                                                     Sean Piersanti

#11-167

WHEREAS, the Borough Council of the Borough of South Plainfield  found  a solution for the Library that will benefit the taxpayers;

WHEREAS, the solution would relocate the Library to the space located in the Walgreens Shopping Center located on South Plainfield Ave and would more than double the size of the current Library;

WHEREAS, it has been identified that this solution would be budgeted in the libraries annual budget and would be no increase to the tax payers;

WHEREAS, The Library Board currently has $2,188,785.76 in surplus as of year ending 2010 and has accumulated $1,006,788 in surplus since January 1 2008;

WHEREAS, $852,881 of the $1,006,788 in surplus accumulated from January 1 2008 to December 31 2010 was the amount the Local Taxpayers overpaid;

WHEREAS, it has been identified that in 2011 the Library Board will accumulate an additional surplus in the amount ranging from $250,000 to $300,000 ;

WHEREAS, the Borough Council respectfully asks the Library Board of trustees to return to the tax payers responsible tax relief immediately in the amount of $750,000 which they overpaid since 2008

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield, hereby, endorses the plan that was presented at the June 7^th 2011 Council Meeting and urges the Library Board of Trustees to immediately return to the Taxpayers  $750,000 in responsible tax relief.

#11-168

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11, any expenditure of public funds in excess of $17,500 requires municipalities without a QPA to advertise for proposals for delivery of said goods or services; and

WHEREAS, a need has been determined for Street Sweeping Services throughout the borough; and

WHEREAS bids were solicited and opened on Tuesday, June 14, 2011 and the following picked up bid packages and submitted bids:

Stilo Excavating, South Plainfield      $39,695.00

Dejana Industries, Newark               $39,927.00

Perrello Contractors                         $58,424.00           

WHEREAS, the bids have been reviewed by the Borough Attorney and he has verified that the lowest qualified bidder is Stilo Excavating in the amount of $39,695.00 and that the bid be accepted and a contract be awarded; and

WHEREAS, funds for said purpose have been certified by the Chief Financial Officer and are available in the DPW Road Repairs and Maintenance Account # 1-01-26-290-002-235;

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
Plainfield that authorization is hereby given to award a contract for street sweeping
services to Stilo Excavating, 2907 So. Clinton Ave, South Plainfield, NJ at a cost not to
exceed $39,695.00.

FURTHER BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute the necessary agreement with Stilo Excavating, the lowest responsible bidder for the project.

#11-169

Approval is hereby given to permit the owners of 701 Maple Avenue to erect a fence on the left side of their property, directly over a municipal sewer easement, subject to the execution of a to erect a shed on the side yard of their property where a municipal easement exists, pursuant to the attached formal agreement with the Borough of South Plainfield

#11-170

WHEREAS, the Professional Golfer’s Association will be holding a tournament in Edison, New Jersey from August 25 through August 28, 2011; and

WHEREAS, the tournament will be held at the Plainfield Country Club, which abuts the Borough of South Plainfield, and will create numerous traffic issues; and

WHEREAS, the South Plainfield Chief of Police and South Plainfield Traffic Bureau have requested resolutions to regulate traffic on streets that will be impacted by the tournament, and have made certain recommendations for such regulations; and

WHEREAS, the Borough Code, Section 409-45, provides that road closures and other changes must be approved by the Governing Body;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that all streets and roads bounded by Sprague Avenue to the north, Park Avenue to the west, Oak Tree Road to the south, and Woodland Avenue to the east shall be designated so that parking shall not be allowed on the north and east boundaries of all such streets and roads from 12:01 a.m., Monday, August 22, 2001 and concluding at 11:59 p.m. on Monday, August 29, 2011;

BE IT FURTHER RESOLVED that the boundaries to be designated as not allowing parking may be changed at the discretion of the Traffic Bureau during the designated period of
time if deemed necessary by said Bureau.

#11-171

WHEREAS, the Professional Golfer’s Association will be holding a tournament in Edison, New Jersey from August 25 through August 28, 2011; and

WHEREAS, the tournament will be held at the Plainfield Country Club, which abuts the Borough of South Plainfield, and will create numerous traffic issues; and

WHEREAS, the South Plainfield Chief of Police and South Plainfield Traffic Bureau have requested resolutions to regulate traffic on streets that will be impacted by the tournament, and have made certain recommendations for such regulations; and

WHEREAS, the Borough Code, Section 409-45, provides that road closures and other changes must be approved by the Governing Body;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following streets which abut Woodland Avenue shall be closed for the period of time beginning 12:01 a.m., Monday, August 22, 2001 and concluding at 11:59 p.m. on Monday, August 29, 2011:

1.          Francesca Court;

2.          East Fairview Avenue;

3.          East Crescent Parkway;

4.          East Hendricks Boulevard;

5.          Wexler Place;

6.          Fairmount Avenue; and

7.          East Golf Avenue.

IT FURTHER RESOLVED that that section of Woodland Avenue from Maple Avenue north to Sprague Avenue shall be closed from 12:01 a.m. on Monday, August 22, 2001 and concluding at 11:59 pm on Monday, August 29, 2011 from 6:00 am to 10:00 p.m.

BE IT FURTHER RESOLVED that all residents residing on the streets referenced herein shall be issued stickers or other identification for their vehicles and shall be permitted to travel on the streets referenced herein regardless of the closures.

#11-172

WHEREAS, the Professional Golfer’s Association will be holding a tournament in Edison, New Jersey from August 25 through August 28, 2011; and

WHEREAS, the tournament will be held at the Plainfield Country Club, which abuts the Borough of South Plainfield, and will create numerous traffic issues; and

WHEREAS, the South Plainfield Chief of Police and South Plainfield Traffic Bureau have requested resolutions to regulate traffic on streets that will be impacted by the tournament, and have made certain recommendations for such regulations; and

WHEREAS, the Borough Code, Section 409-45, provides that road closures and other changes must be approved by the Governing Body;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the section of Woodland Avenue bounded by Oak Tree Road to the south and Maple Avenue to the north shall be designated as a one-way street for northbound traffic only for the period of time beginning 12:01 a.m., Monday, August 22, 2001 and concluding at 11:59 p.m. on Monday, August 29, 2011.

#11-173

WHEREAS, the Borough of South Plainfield requires services of a qualified web hosting company; and

WHEREAS, legal counsel has reviewed the attached Contract and approved same;

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 and Municipal Clerk
are hereby authorized to execute a Contract with Zumu Software for said entity to perform all services required to provide any training and provide web hosting services for a fee of $1,500.00 for the first year, and $100.00 per month thereafter to maintain the Borough
web site.

#11-174

WHEREAS, the Governing Body has approved the New Market Avenue Phase II road project; and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11 any expenditure of
public funds in excess of $17,500 requires the solicitation of public bid proposals for
said project; 

NOW, THEREFORE, the Municipal Clerk is hereby authorized and directed to advertise  
for the solicitation of bid proposals for the New Market Avenue Phase II road project. 

#11-175

WHEREAS, the Governing Body has approved the resurfacing of Rahway Avenue and Kenyon Avenue;and

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11 any expenditure of public funds in excess of $17,500 requires the solicitation of public bid proposals for said project; 

NOW, THEREFORE, the Municipal Clerk is hereby authorized and directed to advertise  for the solicitation of bid proposals for the resurfacing of Rahway Avenue and Kenyon Avenue. 

#11-176

the Mayor and Municipal Clerk are hereby authorized to execute a professional service agreement between the Borough of South Plainfield and T&M & Associates for engineering and technical services related to outstanding NJDEP permits for the South Plainfield Senior Center and Cedar
Brook Pump Station.  Both locations have outstanding permits in excess of 10 years old.  Total
cost shall not to exceed $4,500.00.

#11-177

WHEREAS,  the Mayors Wellness Campaign is an initiative of the New Jersey Health
Care Quality Institute in partnership with the New Jersey State League of Municipalities and New Jersey Mayors; and

WHEREAS, the Mayors Wellness Campaign works to shape healthier lifestyles for the
men, women and children in the Borough of South Plainfield and to promote active living, healthy eating, and overall wellness in our communities, and

WHEREAS, recognizing the importance of community involvement and “team work” for the borough’s wellness initiative to truly succeed, Mayor Anesh wishes to establish a Mayors Wellness Committee to direct the development and implementation of wellness programs throughout the year; and

WHEREAS, the Wellness Campaign is comprised of fours components – youth, employers, seniors and the community,  the Wellness Committee shall be made up of four members
to chair each of the four components.

NOW, THEREFORE, IT IS HEREBY RESOLVED that a Mayors Wellness Committee  be formed to direct the development and implementation of wellness programs throughout
the year to promote active living, healthy eating, and overall wellness in our community.

#11-178

WHEREAS, a request was made by Richard Toczynski to hold a block party on Monday,
July 4, 2011 on Poe Place from 914 / 915  from 11:00am – 9:00pm; and

WHEREAS, Police, Fire and Rescue Squad have been notified and given their approval.  

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that permission to hold said block party is hereby granted; and

FURTHER BE IT RESOLVED that copies of this resolution be given to the Police Department, Fire Department, Rescue Squad, Department of Public Works, Emergency Management and the applicant.

#11-179

WHEREAS, a request was made by Aminah Abdul-Khabir to hold a block party on Saturday, July 9, 2011 on Clinton Place from 315 / 316 Clinton Place to West Crescent Parkway from 2:00pm – 6:00pm; and

WHEREAS, Police, Fire and Rescue Squad have been notified and given their approval.  

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that permission to hold said block party is hereby granted; and

FURTHER BE IT RESOLVED that copies of this resolution be given to the Police Department, Fire Department, Rescue Squad, Department of Public Works, Emergency Management and the applicant.

#11-180

WHEREAS, a need exists to rent a VAC-CON Combination Vacuum-Jetter Sewer and Catch Basin Cleaning Truck Mounted System for the Dept. of Public Works, due to the loss of the borough’s own sewer vac; and                    

WHEREAS, it is the recommendation of the Administrator and Supt. of DPW to rent said equipment as a temporary solution so that the sewer and catch basin work may continue until permanent arrangements can be made; and

WHEREAS, quotes were solicited from two companies and the lower quote was submitted by Pierce Equipment Company, Branchburg, NJ  at a monthly rental rate of $9,975; and

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

 NOW, THEREFORE, BE IT RESOLVED that authorization is hereby granted by the governing body of the Borough of South Plainfield to rent a VAC-CON Combination Vacuum-Jetter Sewer and Catch Basin Cleaning Truck Mounted System at a cost not to exceed $10,500.00.

YES:  Barletta, Bengivenga, Buteas, McConville, Rusnak

Mr. Bengivenga made a motion to approve Resolution # 11-166; seconded by Mr. Rusnak:

#11-166

WHEREAS, the 2011 budget for the Borough of South Plainfield have not yet been adopted;

and,

WHEREAS, the Tax Collector was unable to send out final 2011 bills by the statutory date
of

 June 14th due to the lack of a tax rate certified by the Borough of South Plainfield; and

WHEREAS, NJSA 54:4-66.3 determines that the tax collector may, by resolution of the

governing body, send out estimated tax bills for the third quarter; and

WHEREAS, it is in the best interest of the Borough of South Plainfield to send out

estimated bills for the third quarter, 2011 based on an estimated tax levy of

$72,710,002.95 and an estimated tax rate of $5.127 per $100 of assessed value to

be reconciled through the fourth quarter, 2011 billing to be mailed upon receipt of

a certified tax rate; and

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

of South Plainfield, State of New Jersey, that the Tax Collector is to prepare and mail

estimated 3^rd quarter, 2011 tax bills.

BE IT FURTHER RESOLVED that pursuant to NJSA 54:4-66.3, the due date of the

estimated 3rd quarter tax bills shall be the later of August 1, the additional interest-free

period authorized pursuant to R.S.54:4-67, or the twenty-fifth calendar day after the date

that the estimated tax bill for the third installment was mailed or otherwise delivered.

Any payment received after this time may be charged interest back to August 1.

BE IT FURTHER RESOLVED that a certified copy of this resolution be forwarded to

Kimberly Clifford, CTC and Glenn Cullen, CMFO

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:    Buteas

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

1. Business Advisory Group minutes – June 1, 2011
2. Letter from P. Rizzo re: Adequate Notice of Agenda & Executive Session topics
3. Planning Board Minutes – April 12, 2011
4. Board of Adjustment minutes – May 12, 2011
5. Board of Adjustment minutes – May 26, 2011
6. Letter from Scott Pietschker re: permission to erect fence on borough easement

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

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

PAYMENT OF BILL

            Current Fund -  0-01     $347.96

            Current Fund -  1-01      $274,272.81

    Sewer Utility Operating Fund  -  $1,195,733.57 

           Election Account -  $12,975.00

            General Capital - $984.00

            Grant Fund - $4,300.00

           Treasurers Trust - $536.84

            Recreation Trust -  $2,565.45

       TOTAL OF ALL FUNDS - $1,491,715.63

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

REPORTS:

Mr. Barletta commended on their Flag Day Ceremony.  He also announced that the Job Fair has been cancelled and that a new date will be announced shortly.

Mr. Bengivenga gave the monthly Code Enforcement report.  He reported that the Practice Prop is nearly done and the Fire Dept. will begin practicing.  He also requested that the Engineer review the energy project punch list for the Fire House with the Chief since the Fire House recently had quite a bit of electrical work done.  

Mr. McConville reported that the Community Pool membership is up and invited residents to join and enjoy the facility this summer.  Mr. McConville reported on the Labor Day Parade and reminded the public that nominations for Grand Marshall are being accepted.  He announced that $3600.00 in donations have already been received and he encouraged other local businesses to make a donation too.   

Ms. Buteas announced the theme for this year’s parade -  Honoring our Heroes.   She commented on the Health Fair and mentioned that the Green Team participated with a display on the anti-idling program.   Ms. Buteas also reported that the County removed a tree in the brook feeding into Spring Lake.  She thanked DPW for their prompt assistance

Ms. Buteas concluded by stating that she doesn’t appreciate receiving agenda items at 2:00pm the day of the meeting.   

Ms. Graf asked that everyone who submits items for the Agenda do so no later than Noon on the Friday before the meeting.

Mr. Rusnak reported on the traffic changes that will go into effect the week of August 22 – 29, 2011 due to the PGA gold tournament.

Mr. Barletta thanked Chief Parker, Lt. Kevin Murtagh and Council President for their efforts with the traffic and parking plans for the golf tournament.

Mayor Anesh commented on the June 8^th Graduation ceremony he attended.  He spoke about the Health Fair and hopes to hold another one in the fall.  The Mayor also spoke about the Mayors Wellness campaign.  He congratulated Riley School for their annual 39 Minute Walk for Cancer which raised $4000.00.  He congratulated all the students graduating on Tuesday for the Middle School and Wednesday for the High School.

Mr. Bengivenga suggested that in keeping with the theme of the Labor Day Parade – Honoring our Heroes, that the Commanders of the VFW and American Legion be selected.  Mr. Sorrentino  recommended that Mr. Bengivenga nominate them and submit to the Parade Committee.

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

Anthony Cataldo of Fairmount Ave suggested that lifelong resident and active veteran Mike Santoro should be considered for Grand Marshall.  He inquired about the status of speed humps on Fairmount Ave.  Petition has already been submitted and the matter will be referred to Traffic Safety for consideration.  He also suggested possible uses for the Cornell site once the clean up is completed.  Mayor Anesh advised Mr. Cataldo that the redevelopment is currently in the planning stage.  Mr. Cataldo concluded by requesting removal of a car for sale in the PAL parking lot.

Al Lepore of Clark Lane asked if the Council had selected a replacement for Mr. Hughes.

He also commented on the Library proposal and made the observation that renting a location is a wise decision since future needs of a library will change and the need may not exist.

Frank Mikorski of Regency Place acknowledged the assistance of Mike Zushma and the CERT Crew for their services at the OLC Fair.   He also mentioned the changes is the Board of Ed’s personnel cuts and the 2008 Capital Reserve.  Mr. Mikorski suggested that the Board could possibly make money by providing parking for the PGA Tournament.

Charlie Butrico of Sims Place asked for clarification on Resolution # 11-166 and inquired whether any adjustments had been made as far as the $750,000 Library surplus matter.

He was told that the $750,000 was removed from the budget revenue and the third quarter estimated tax reflects an increase of $59.00 on the municipal part of the tax.  Mr. Butrico also observed the lack of respect shown between members of the Council.  He emphasized that a difference of opinion between parties is expected but it is the responsibility of elected officials to show respect to one another.

Nancy Grennier asked about details of the estimated tax and also the PGA parking plans.  They will be provided to her for the Observer.  She also asked whether the Business Association will be included with the new website.  Mrs. Grennier also advised the governing body that Reverend Thompson of Wesley Methodist Church will be transferring
to a new location.  

Mayor Anesh called for a motion to adjourn.

Mr. Rusnak made a motion to adjourn at 8:30pm; seconded by Mr. Barletta.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk