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Minutes from the June 6, 2011 Public Meeting                                   

of the South Plainfield Mayor and Council

The meeting was called to order at 8:20pm 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 Rusnak.

After the Pledge of Allegiance, the Invocation was offered by Council President Rusnak.
Mr. Barletta made a motion to accept the minutes of meeting of May 16, 2011, Agenda, Public and Executive; seconded by Mr. Rusnak

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

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

Paul McCullen of Walnut Street asked for clarification on Resolution # 11-140 as to the financial settlement amount.

Mayor Anesh closed the public portion and called for Ordinance #1932.

Ms. Graf read Ordinance # 1932 by title only for introduction:

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

                       Plainfield, Middlesex County, New Jersey.

Mr. Bengivenga made a motion to approve Ordinance # 1932 on first reading, seconded by Mr. Rusnak.

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

Ms. Graf read Ordinance #1933 by title only for introduction.

#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

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

Before voting on Resolutions, Mr. Barletta asked Ms. Buteas to explain the changes made to the anti-idling resolution.  Ms. Buteas explained the changes and the reasons for the changes as determined by the Environmental Commission.  Mr. Barletta also asked about signage, costs and enforcement.

Mr. Bengivenga made a motion to approve Resolutions 11-137 through 11-154  seconded by Mr. Barletta, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-137

WHEREAS, the Mayor and Council of the Borough of South Plainfield has determined that there exists certain Capital Improvement Authorization balances that remain dedicated to Monument Park project which is now completed; and

WHEREAS, these balances of funded improvement authorizations have been reviewed and should be liquidated;

NOW THEREFORE BE IT RESOLVED, by the governing body of Borough of South Plainfield, County of Middlesex, State of New Jersey that the following funded improvement authorizations be cancelled as follows:

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  1708 & 1708A            Monument Park                  $30,000.00

  Total                                                                $30,000.00

                   Capital Fund Balance                            $30,000.00

                                                                                                       _________          

                  Total                                                        $30,000.00

 #11-138

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

have overpaid their taxes and have requested refunds:

Block 46; Lot 19                                            

Paul & Diana Rosenkrantz

1705 Wickford Road

South Plainfield, NJ  07080

$1,974.35

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.

#11-139

the purchase of 4 Mobile 800 radios from Tactical Public Safety, State Contract # A53753 for an amount not to exceed $19,200.00, is hereby authorized .  Funding has been certified from the Fire Trust Fund Acct# T-13-56-860-014-801.

#11-140

WHEREAS, the taxpayer, Desantis, Mariano, (ATaxpayer@) has appealed the real estate tax assessment on its property located at 242 St. Nicholas Ave., also known as Block 445, Lot 10.06, for the tax years 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 0003925-2009 and 017138-2010; and

WHEREAS, the Borough appraiser opined that the property was over assessed for all three years under appeal and that in his opinion the assessments should be adjusted to a total tax assessment of $516,500 in 2009 (true value opinion of $1,425,000 x average ratio of 36.25%); a total tax assessment of $492,195 in 2010 (true value opinion of $1,425,000 x average ratio of 34.54%); a total tax assessment of $499,900 in 2011 (true value opinion of $1,425,000 x average ratio of 35.08%); and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to accept a reduction of the 2009 assessment from $983,700 for that year (which equates to an equalized value of $2,713,700 X average ratio of 36.25%) to a reduced total tax assessment of $611,300 (which equates to an equalized value of $1,686,400 X average ratio of 36.25%); and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to accept a reduction of the 2010 assessment from $983,700 for that year (which equates to an equalized value of $2,848,000 X average ratio of 34.54%) to a reduced total tax assessment of $611,300 (which equates to an equalized value of $1,769,800 X average ratio of 34.54%); and

WHEREAS, the Borough appraiser, Russell Sterling, MAI, recommended the settlement be approved because his preliminary opinions that the Borough was not able to defend the existing assessments, the opinions of the Borough appraiser being incorporated in to a memorandum a copy of which has been reviewed by the Mayor and Council, and therefore, this

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proposed settlement is reasonable and reflects the correct market values for the property

which was over assessed for all three years under appeal; 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 waive statutory interest pursuant to N.J.S.A. 54:3-27.2 and no such interest shall be paid; and

WHEREAS, the taxpayer agrees to accept credits in lieu of refunds at the discretion of the Borough Tax Collector; 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 $372,400 total tax assessment reduction for the 2009 and 2010 tax years for Block 445, Lot 10.06, which are most beneficial to the Borough and advise the Borough Attorney of that allocation.

2.       The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of Desantis, Mariano, vs. Borough of South Plainfield, Docket Nos. 003925-2009 and 017138-2010, 017031-2010; which result in a reduction in the 2009 and 2010 total tax assessments on block 445, Lot 10.06 from $983,700 to a reduced total tax assessment of $611,300 in 2009 and 2010; which further provides that the Taxpayer agreed to waive statutory interest pursuant to N.J.S.A. 54:3-27.2 and no such interest shall be paid; and which further provides that the taxpayer agrees to accept credits in lieu of refunds at the discretion of the Borough Tax Collector.

            3.  The allocation between the land and improvements as established by the Borough  Tax Assessor shall be set forth
in said Stipulations of Settlement.

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.

#11-141

WHEREAS, the Middlesex County Prosecutor has received funds from the FY2008 Office of Homeland Security and Preparedness (OHS&P) for the purpose of purchasing and distributing Thermo Fisher Scientific RadEye Personal Radiological Detectors (PRDs), to communities which do not already posses them; and

WHEREAS, the Borough of South Plainfield agrees to accept said PRDs under the terms and conditions set forth in the Inter-local agreement herein attached; and

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

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Plainfield that authorization is hereby given for the Mayor and Municipal Clerk to execute

the Inter-local Services Agreement with Middlesex County accepting the PDRs distributed by the Prosecutor’s Office and all the terms and conditions of said agreement.

#11-142

authorization is hereby given to waive the Fire Permit fee of $42.00 for Grant School PTO to hold a fund raiser at the SPHS gym on May 25, 2011. 

#11-143

WHEREAS, the Borough of South Plainfield, (hereinafter referred to as the “Employer) by resolution, adopted a Deferred Compensation Plan (hereinafter referred to as the “Plan”), for the purpose of making available to eligible employees the accrual of tax benefits under a Section 457 Deferred Compensation Plan; an

WHEREAS, U.S.C.A. §401(a)(9) amended Section 457 of the Internal Revenue Code (the “Code”); and

WHEREAS, the Employer desires its Plan to conform with the changes in the Code brought about by U.S.C.A. §401(a)(9); and

WHEREAS, such amendments shall supersede the provision of the Plan to the extent those provisions are inconsistent with the provision of this amendment.

NOW, THEREFORE BE IT RESOLVED that the Borough of South Plainfield hereby adopts the Amendment to Section 457 as it applies to the Borough’s Deferred Compensation Plan Document # 001 to be part of and incorporated into its existing Deferred Compensation Plan Document.

BE IT FURTHER RESOLVED that a certified copy of this resolution shall be forwarded to the Director of the Division of Local Government Services.

#11-144

WHEREAS, a request was made by Michelle Loomis to hold a block party on Saturday, July 23, 2011 on Libourel Road, from Wickford Road up to 310 Libourel Road, from 2:00pm – 4:00pm; 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.

#11-145

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.

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#11-146

WHEREAS, a need has been determined for the purchase of a Ford F-150 Pickup truck for the Recycling Center; and

WHEREAS, the desired vehicle is available through State Contract #A73961, from the Warnock Dealership, for an amount not to exceed $24,582.00.

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 utilizing 2009 and 2010 grant funds from the Clean Communities Grant, Account # G-02-41-722-001-301;

NOW, THEREFORE, be it resolved that the South Plainfield Borough Council hereby authorizes the purchase of a 2011 Ford F-150 pickup truck from the Warnock Dealership using State Contract #A73961, at a cost not to exceed $24,582.00.

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#11-147 was tabled.

#11-148

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

have overpaid their taxes and have requested refunds:

Block 72; Lot 2                                              

David A. Riccadonna

1837 So. Central Avenue

South Plainfield, NJ  07080

$977.40

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.

#11-149

WHEREAS, emissions from gasoline and diesel-powered vehicles contribute significantly
to air pollution, including greenhouse gases, ozone formation, fine particulates; and

WHEREAS, vehicles idling occurs in locations (e.g. school grounds, parking lots, distribution centers, strip malls, construction sites, business centers, etc.) where New Jerseyans can be exposed to concentrated sources of air pollutant emissions; and

WHEREAS, the United States Environmental Protection Agency has classified diesel exhaust as likely to be carcinogenic to humans; and

WHEREAS, numerous scientific studies have found links between exposure to fine particles and health effects including premature death, and increased incidents of asthma, allergies, and other breathing disorders; and

WHEREAS, asthma is a significant public health concern in New Jersey, especially among children (up to 25% of New Jersey’s school-age children are asthmatic) and the elderly; and

WHEREAS, the reduction in fine-particle emissions from diesel engines could prevent 16,000 new asthma cases annually and save $770 million to $10 billion in health care and related costs in the State; and

WHEREAS, for every gallon of gasoline used, the average car produces about 20 pounds of carbon dioxide (CO2), the largest contributor to greenhouse climate change, with one-third of greenhouse gas emissions coming from the transportation sector; and

WHEREAS, petroleum-based gasoline and diesel fuel are nonrenewable fuels and should be used wisely and not wasted; and

WHEREAS, idling is not generally beneficial to a vehicle’s engine because it wears engine parts; and

WHEREAS, idling more than 10 seconds uses more fuel and emits more pollutants than turning an engine off and on again; and

WHEREAS, current state law prohibits the idling of vehicles for more than three minutes and studies have shown that an anti-idling policy will save fuel, prolong engine life, and improve air qualit

NOW THEREFORE BE IT RESOLVED that the Borough Council of South Plainfield, County of Middlesex, State of New Jersey supports a strong anti-idling policy by government agencies, schools, businesses and other organizations and will:

            1.         Make enforcing existing violations and penalties under New Jersey’s                         existing no-idling law a priority for all municipal Peace Officers pursuant                         to C.39:3-70.2 and C.26:2C-1;

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            2.         Encourage drivers of any gasoline or diesel-powered motor vehicle to turn                         off their engines immediately at school drop-off and pickup points; drive-                        thrus of any kind; convenience stores, garbage and school bus pickups,                         etc., to minimize exposure to vehicle emissions;

            3.         Maintain municipal vehicles to eliminate any visible exhaust and                         complying with the annual inspection requirement for those vehicles;

            4.         Require municipal-owned vehicles, including police vehicles and                         emergency services such as fire and ambulance, to turn off vehicle                         engines as long as it does not infringe on safety.

            5.         Promote the widespread use of emission controls in construction                         contracts; and

    6.                      Support broad education of the public about the health, environmental
        and economic impacts of idling and ways to reduce idling.

#11-150

WHEREAS, it has been determined a need exists for the services of an architect to redesign and administer the bid process on an expansion of the PAL building; and

WHEREAS, it is the recommendation of the Administrator to engage the services of local architect Joseph DeAndrea for a costs not to exceed $2,600.00; and

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

NOW THEREFORE, it is hereby resolved by the South Plainfield Borough Council that a professional service contract be awarded to Joseph DeAndrea for the redesign and bid administration for the PAL expansion for an amount not to exceed $2,600.00.

#11-151

WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents
have overpaid their sewer and have requested refunds:

Block 467.02; Lot 1.01                                  

SP Fidelco I, LLC

520 U. S. Highway 22

P. O. Box 6872

Bridgewater, NJ 08807

$1,385.69

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.

#11-152

WHEREAS,  the Borough of South Plainfield, County of Middlesex believes that every child should have equal resources of state aid distributed by the legislature for an education in the State of New Jersey by utilizing a fair school funding mechanism; and

WHEREAS, the current distribution of state aid for education to the schools has not been distributed in a fair and equitable manner to provide property tax relief to all the citizens of the State of New Jersey; and

WHEREAS, Article III., Paragraph 1, of the New Jersey State Constitution states, “The powers of government shall be divided among three distinct branches, the legislative, executive, and judicial.  No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution;” and      

WHEREAS, Article VIII, Section IV, Paragraph 1, of the New Jersey State Constitution states, “the Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all children in the State between the ages of five and eighteen year;” and  

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WHEREAS, Article VIII, Section IV, Paragraph 2, of the New Jersey State Constitution states, “the fund for the support of free public schools . . . shall be annually appropriated to the support of free public schools, and for the equal benefit of all the people of this State;” and  

WHEREAS, Article VIII, Section I, Paragraph 7.a. of the New Jersey State Constitution states, the income tax is to be “annually appropriated . . . exclusively for the purpose of reducing or offsetting property taxes;” and

WHEREAS, this body can no longer bear the burden of the continued diversion of its fair share of state school aid for the students between the ages of five and eighteen years of age who reside within this jurisdiction.

NOW, THEREFORE, BE IT RESOLVED, that the South Plainfield Borough Council does hereby call upon the Legislature of the State of New Jersey to fulfill its constitutionally assigned duty to distribute the state aid for education to the school districts in this state in a fair manner that is for the equal benefit of all the people of the state and not by means that are prejudiced by the actions of special interests that may have been presented before the Court or other venue.

BE IT FURTHER RESOLVED, that the Municipal Clerk is hereby directed to forward a copy of this resolution to Governor Chris Christie, Senate President Stephen Sweeney, Senate Minority Leader Thomas Kean Jr., Assembly Speaker Sheila Oliver and Assembly Minority Leader Alex DeCroce.

#11-153

authorization is hereby given to waive the Fire Permit fee of $42.00 for SPHS Project Graduation  to be held at Club At Ricochet on June 22, 2011.

#11-154

Scott Smith is hereby promoted to the position of Mechanic’s Helper, Civil Service Title # 02456 in accordance with Civil Service Procedures.  The rate of pay is Machanic’s Laborer C at a rate of $22.55.

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

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

1.       Recycling Dept. Monthly Report – April 2011

2.     Board of Adjustment minutes – April 28, 2011

3.     Letter from DLGS Director Thomas Neff  re: Library surplus funds issue

4.     Business Advisory Group – May 4, 2011

5.     Traffic Safety Advisory Commission minutes – April 27, 2011

6.       Middlesex County Planning Board minutes – April 12, 2011

7.       Letter from Board of Ed Business Administrator to County Board of Taxation

        re: submission of A4F – Form A   (school tax certification)

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

PAYMENT OF BILLS:

            Current Fund – 0-01:  $12,500

            Current Fund – 1-01:  $424,049.40

    Sewer Utility Operating Fund  -  $2,879.85

            Pool Utility Operating Fund – $3,988.93

           General Capital - $31,069.50

            Election Account - $114.32

            Grant Fund - $2,768.00

            Treasurer’s Trust - $8,218.80

            Recreation Trust - $10,240.77

TOTAL of ALL FUNDS:   $495,829.57

YES:  Barletta, Bengivenga, Buteas, McConville,   Rusnak

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REPORTS:

Ms. Graf reminded the public that Tuesday, June 7^th is Primary Election Day.

Mr. Barletta offered his congratulations and thanks to the following groups and organizations who held events over the past weeks:

1.      Police Officer Lloyd McNelly and the Dare Graduations at Grant School and Sacred Heart  

2.      Fire Dept. Comedy Night

3.      UNICO Scholarship Awards Dinner

4.      VFW & American Legion Memorial Day services

5.      Bob and Debbie Boyle for the Boyle Foundation Golf Outing and many other donations

6.      Future Stars Graduation 

Mr. Barletta also spoke about Resolution # 11-150 and the expansion at the PAL.  This is something he has been working on with the Wrestling Club.

Mr. Bengivenga also commented on recent events including the SPHS Scholarship Awards.  He congratulated Mayor Anesh for being inducted into the SPHS Hall of Fame.  Mr. Bengivenga also commented on the VFW Breakfast, the Boyle Foundation Golf Outing, and the NJ Hall of Fame inductions at the PNC Arts Center.

Mr. McConville reported that the Labor Day Parade Grand Marshall nominations information will be published shortly.

Ms. Buteas congratulated the Business Association for their Networking event at Columbia Bank.  She commended the VFW, American Legion and the Middle School on their Memorial Day programs. Ms. Buteas congratulated Mayor Anesh and Bill Butrico for being inducted into the SPHS Hall of Fame.  She asked the Mayor about a letter from the County regarding land acquisitions.

Mr. Rusnak reported that in preparation for the 2011 PGA Tournament at Plainfield Country Club, August 22 – 29, planning meetings are being held to address traffic issues that week.

He will have more information on traffic changes to be implemented.

Mr. Barletta reported that, as part of the Energy Grant, motion detectors have been installed in Borough Hall to control the lights and conserve electrical usage. This will result in an annual savings of $57,000. In total, $175,000 in grant funds will be used to address energy projects.

Mr. Barletta thanked Mr. Miller and T & M for their work on the Energy Program.

Mayor Anesh commented on the traffic plan to handle the Golf Tournament week.  He complimented the VFW and Boy Scouts for their breakfast and car wash.  He wished the Park Avenue Diner well on their re-opening.  The Mayor thanked Sacred Heart School for their 58 years of educating our children and reported that he presented a proclamation at a reception held on June 5^th.  Mayor Anesh reported that the EPA is hoping to complete there work at the Cornell Dubilier site by the end of 2011.  The Redeveloper is ready to proceed once the EPA okays the site.  He also reminded the public to attend the Health Fair, June 18^th from 12pm – 3pm at the Senior Center.

Mr. Bengivenga reported that when Clinton Ave was being re-paved, the county paved over the manhole covers.  Mayor Anesh reached out to the County to try to resolve the issue.

Mayor Anesh opened the meeting to the public for their comments.

Dennis Scalera suggested that drivers who ignore barricades during flooding should be charged for rescue costs incurred by the borough.

Al Lepore asked the Council for assistance for a neighbor who had a fire at his home 18 months ago and is having great difficulty with the insurance co.  After asking several question and not getting sufficient information on the matter, Borough Attorney Rizzo suggested that Mr. Lepore get more information to help determine a course of action.

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Ginny O’Brien stated that she and other residents had noticed that the Helicopter in Memorial Park had been re-painted.  She was told that Supt. Capparelli arranged for the job to be done and she thanked him on a great job. 

Ms. Buteas reported that she got a call from the National guard right after the borough hired Natelli to paint the copter.  They felt bad for not responding sooner and offered to send something for the Labor Day Parade.

Paul McCullen thanked the Mayor and Mr. Cullen for helping Larry Morrill to secure funds for his project.

Suzanne Lepore reminded the public that the Cultural arts Council will be holding an evening of Line Dancing on June 11 at 7pm at the Senior Center.

Supt. Capparelli thanked Natelli Bros. for their work on the helicopter and also McCriskins for donating the stencils.

John Sorrentino, Chairman of the Public Celebrations Committee reported that donations are coming in for the fireworks and the committee may go with a different company for 2011.

Mayor Anesh closed the public portion and the governing body went into Executive Session # 2.

Upon their return, no additional action was required so Mr. Rusnak made a motion to adjourn, seconded by Mr. Barletta.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk