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Minutes from the March 21, 2011 Public Meeting                             

of the South Plainfield Mayor and Council

The meeting was called to order at 7:20pm by Mayor Anesh in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6, with adequate notice of this meeting of the Borough Council being provided to the borough’s two official newspapers and also published on the Borough’s website. 

Clerk Graf called the roll.  Present were Council Members: Barletta, Bengivenga, Buteas, McConville, Salerno and Rusnak.

Mayor Anesh presented a Proclamation recognizing the borough’s Annual Volunteer Litter Clean up Week and also a proclamation for “Purple Day” promoting Epilepsy awareness.

Mr. Rusnak made a motion to accept the revised minutes of February 22, 2011 Public meeting; seconded by Mr. Bengivenga.

Roll Call

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

Mr. Bengivenga made a motion to accept the Agenda minutes of March 7, 2011; seconded by Mr. Barletta.

Roll Call

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

Mr. Bengivenga made a motion to accept the Public minutes of March 7, 2011; seconded by Mr. McConville.

Roll Call

YES:             Barletta, Bengivenga, McConville, Rusnak

ABSTAIN:  Buteas, Salerno

Mr. Bengivenga made a motion to accept the minutes of March 7, 2011 Executive meeting; seconded by Mr. McConville.

Roll Call

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

The Mayor opened the meeting to the Public for comments on Agenda items only. There was no comment from the public.

Mayor Anesh closed the public portion and called for the Public Auction of surplus municipal property known at Block 273, Lots 4 & 5 located at 2440 Plainfield Avenue.  The Minimum Bid amount was $490,000.  There were no bids offered and the auction was closed.

Mayor Anesh called for Ordinance # 1920 for public hearing and final adoption.

Clerk Graf read Ordinance 1920 by title only as follows:

# 1920 entitled: Bond Ordinance of the Borough of South Plainfield, in the County of Middlesex,

                        New Jersey amending sections 3(a) and 7(b) of Bond Ordinance #1742,

                         finally adopted July 11, 2006.

Section 1.         The several improvements described in Section 3 of this bond ordinance are hereby respectively authorized to be undertaken by the Borough of South Plainfield, in the County of Middlesex, New Jersey (the "Borough") as general improvements.  For the several improvements or purposes described in Section 3, there are hereby appropriated the respective sums of money therein stated as the appropriation made for each improvement or purpose, such sums amounting in the aggregate to $258,000, including the aggregate sum of $19,000 as the several down payments for the improvements or purposes required by the Local Bond Law and

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further including a $40,000 Recycling Grant (the “Grant”) for the purpose described in Section 3(b). The down payments have been made available by virtue of provision for down payment or for capital improvement purposes in one or more previously adopted budgets.

Section 2.           In order to finance the cost of the several improvements or purposes not covered by application of the several down payments and the Grant, negotiable bonds are hereby authorized to be issued in the principal amount of $199,000 pursuant to the Local Bond Law.   In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.

Section 3.         The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:

The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose.

Section 4.         All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date.  The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer.  The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officer's signature upon the notes shall be conclusive evidence as to all such determinations.  All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law.  The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery

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thereof.  The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made.  Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.

Section 5.         The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith.  To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.

Section 6.         The following additional matters are hereby determined, declared, recited and stated:

            (a)        The purposes described in Section 3 of this bond ordinance are not current expenses.  They are all improvements that the Borough may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.

            (b)       The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 6.65 years.

            (c)          The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.   Such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $199,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

            (d)              An aggregate amount not exceeding $25,800 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.

            Section 7.        The Borough hereby declares the intent of the Borough to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.

            Section 8.        Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or, if other than the Grant referred to in Section 1 hereof, to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

            Section 9.        The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in

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connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough.  The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.   In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

            Section 10.      The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount.

            Section 11.      This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

Mr. Bengivenga made a motion to adopt Ordinance 1920; seconded by Mr. Rusnak.

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

Roll Call

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

Clerk Graf read Ordinance # 1921 by title only for introduction as follows:

#1921 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 approve Ordinance # 1921 on introduction, seconded by Mr. McConville.

Roll Call

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

Clerk Graf read Ordinance # 1922 by title only for introduction as follows:

#1922 entitled: An Ordinance vacating the borough’s authority and control over a portion of

                       Dover Place in the Borough of South Plainfield, Middlesex County, New Jersey

Mr. Barletta made a motion to approve Ordinance # 1922 on introduction, seconded by Mr. Bengivenga.

Roll Call

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

Clerk Graf read Ordinance # 1923 by title only for introduction as follows:

#1923 entitled:   An Ordinance designating riparian zones and providing for their regulation

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                          within the Borough of South Plainfield.

Mr. Bengivenga made a motion to adopt Ordinance 1923 on introduction; seconded by Mr. Rusnak.

Roll Call

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

Mr. Rusnak made a motion to approve Resolutions 11-055 through 11-066 seconded by Mr. McConville, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-055

WHEREAS, the taxpayer, R&D Realty Corp., (ATaxpayer@) has appealed the real estate tax assessment on its property located at 105 Snyder Road, also known as Block 409, Lot 14, for the tax years 2008, 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 010050-2008, 013911-2009, 017139-2010; 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 $589,900 in 2008 (true value opinion of $1,590,000 x average ratio of 37.10%); a total tax assessment of $576,400,000 in 2009 (true value opinion of $1,590,000 x average ratio of 36.25%); a total tax assessment of $512,900 in 2010 (true value opinion of $1,485,000 x average ratio of 34.54%); and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to withdraw the 2008 and 2009 tax year appeals, and accept a reduction of the 2010 assessment from $674,300 for that year (which equates to an equalized value of $1,952,200 X average ratio of 34.54%) to a reduced total tax assessment of $414,500 (which equates to an equalized value of $1,200,000 X average ratio of 34.54%); and

WHEREAS, the parties agreed that the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall be applicable to the 2011 tax assessment; and

WHEREAS, the parties agreed that in consideration of the settlement, either party shall have the right to file a tax appeal for the 2011 tax year solely for the purpose of implementing, enforcing and/or confirming the agreed upon frozen assessment, and that this agreement shall be binding upon any assignees, tenants and successors in interests with regard to the subject property, and that except for this limited right to appeal, Taxpayer, its successors and/or assignees waive the right to seek a further reduction in the 2011 assessment, and that Taxpayer warrants to the Borough that the property has not been sold and is not currently being marketed for sale for an equalized value in excess of the proposed frozen 2011 assessment, and that no sale of the property is currently pending or anticipated to close for an equalized value in excess of the proposed froze 2011 assessment; 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 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

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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:

The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $259,800 total tax assessment reduction for the 2010 tax year for Block 409, Lot 14, which are most beneficial to the Borough and advise the Borough Attorney of that allocation.

The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of R&D Realty Corp., vs. Borough of South Plainfield, Docket Nos. 010050-2008, 013911-2009, 017139-2010; which result in the withdrawal of the taxpayer’s 2008 and 2009 tax year appeals, and a reduction in the 2010 total tax assessment on block 409, Lot 14 from $674,300 to a reduced total tax assessment of $414,500 in 2010; and which further provides that the Property's 2011 total tax assessment shall be set as frozen pursuant to the Freeze Act at 414,500; and which further provides that either party shall have the right to file a tax appeal for the 2011 tax year solely for the purpose of implementing, enforcing and/or confirming the agreed upon frozen assessment; and which further provides that this agreement shall be binding upon any assignees, tenants and successors in interests with regard to the subject property; and which further provides that Taxpayer, its successors and/or assignees waive the right to seek a further reduction in the 2011 assessment; and which further provides that Taxpayer warrants to the Borough that the property has not been sold and is not currently being marketed for sale for an equalized value in excess of the proposed frozen 2011 assessment and that no sale of the property is currently pending or anticipated to close for an equalized value in excess of the proposed froze 2011 assessment; 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.

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

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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.

#11-056

WHEREAS, the taxpayer, R&D Realty Corp., (ATaxpayer@) has appealed the real estate tax assessment on its property located at 2100 Clinton Avenue, also known as Block 298, Lot 4, for the tax years 2008, 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 010051-2008, 013913-2009, 017031-2010; 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 $270,000 in 2008 (true value opinion of $727,800 x average ratio of 37.10%); a total tax assessment of $270,000 in 2009 (true value opinion of $744,800 x average ratio of 36.25%); a total tax assessment of $260,000 in 2010 (true value opinion of $752,800 x average ratio of 34.54%); and

WHEREAS, the taxpayer agreed to settle the tax appeals by agreeing to withdraw the 2008 and 2009 tax year appeals, and accept a reduction of the 2010 assessment from $132,100 for that year (which equates to an equalized value of $382,500 X average ratio of 34.54%) to a reduced total tax assessment of $89,800 (which equates to an equalized value of $260,000 X average ratio of 34.54%); and

WHEREAS, the parties agreed that the provisions of N.J.S.A. 54:51A-8 (Freeze Act) shall be applicable to the 2011 tax assessment; and

WHEREAS, the parties agreed that in consideration of the settlement, either party shall have the right to file a tax appeal for the 2011 tax year solely for the purpose of implementing, enforcing and/or confirming the agreed upon frozen assessment, and that this agreement shall be binding upon any assignees, tenants and successors in interests with regard to the subject property, and that except for this limited right to appeal, Taxpayer, its successors and/or assignees waive the right to seek a further reduction in the 2011 assessment, and that Taxpayer warrants to the Borough that the property has not been sold and is not currently being marketed for sale for an equalized value in excess of the proposed frozen 2011 assessment, and that no sale of the property is currently pending or anticipated to close for an equalized value in excess of the proposed froze 2011 assessment; 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 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

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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:

The Borough Tax Assessor is hereby directed to establish allocation between land and improvements of a $42,300 total tax assessment reduction for the 2010 tax year for Block 298, Lot 4, which are most beneficial to the Borough and advise the Borough Attorney of that allocation.

The Borough Attorney is hereby authorized to execute Stipulations of Settlement, copies of which are annexed hereto, relative to the tax appeals of R&D Realty Corp., vs. Borough of South Plainfield, Docket Nos. 010051-2008, 013913-2009, 017031-2010; which result in the withdrawal of the taxpayer’s 2008 and 2009 tax year appeals, and a reduction in the 2010 total tax assessment on block 298, Lot 4 from $132,100 to a reduced total tax assessment of $89,800 in 2010; and which further provides that the Property's 2011 total tax assessment shall be set as frozen pursuant to the Freeze Act at 89,800; and which further provides that either party shall have the right to file a tax appeal for the 2011 tax year solely for the purpose of implementing, enforcing and/or confirming the agreed upon frozen assessment; and which further provides that this agreement shall be binding upon any assignees, tenants and successors in interests with regard to the subject property; and which further provides that Taxpayer, its successors and/or assignees waive the right to seek a further reduction in the 2011 assessment; and which further provides that Taxpayer warrants to the Borough that the property has not been sold and is not currently being marketed for sale for an equalized value in excess of the proposed frozen 2011 assessment and that no sale of the property is currently pending or anticipated to close for an equalized value in excess of the proposed froze 2011 assessment; 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.

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

7.   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.

#11-057

the following towing/wrecker companies are hereby approved to be included on the rotation towing/wrecker list for the year 2011 to provide towing/wrecker services for the South

Plainfield Police Dept.

1.      Butrico’s Auto Body

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2.      Gemini Towing    ( light & Heavy duty )

3.      J & L Auto Body

4.      George Logan Towing   ( heavy duty )

5.      Majestic Towing

6.      Matthews Service Center

7.      R & C Auto Body

8.      Sullivan’s Auto Body

#11-058

authorization is hereby given to waive the Building Permit fees of (excluding any electrical fees) for the Board of Education to install a new door on the trainer’s room at SPHS.

#11-059

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 CY 2011 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.

#11-060

WHEREAS, Fire Official/Fire Sub Code Joe Abbruzzese will be attending class at the National Fire Academy from Saturday March 19 through Saturday March 26, 2011; and

WHEREAS, an Acting Fire Official is required to supervise the department in the Fire Inspector’s absence; and

WHEREAS, it is the recommendation of Fire Inspector Abbruzzese that Inspector Michael Pellegrino be approved to serve as Acting Fire Official;

NOW THEREFORE, the South Plainfield Borough Council does hereby authorize Inspector Michael Pellegrino to serve as Acting Fire Inspector from Saturday, March 19, 2011 through March 26, 2011.

#11-061          

WHEREAS, Marie Smith has worked in the Payroll Department of the Borough of South Plainfield; and,

WHEREAS, the Mayor and Council possess the authority to take action concerning the continued employment of the employees of the Borough of South Plainfield,

NOW, THEREFORE, BE IT RESOVED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey that it hereby retroactively terminates the employment of Marie Smith, for cause, effective March 7, 2011

#11-062

the salary of Keith Horvath, a part-time groundskeeper for Re-cycling, is hereby amended to

reflect a rate of $11.37 per hour effective immediately.

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#11-063

On the recommendation of Fire Chief Larry DelNegro, William F. Koonz of 124 Merchants Avenue, South Plainfield, NJ is hereby appointed as a Probationary Firefighter for the South Plainfield Volunteer Fire Dept. effective immediately

#11-064

WHEREAS, the Local Public Contracts Law of the State of New Jersey (NJSA 40A:11-1 et seq.) establishes standards and procedures for the awards of contracts and the purchase of goods and services which are to be paid with public funds; and

WHEREAS, it has been determined that a need exists to convert the old Supervisors room and old kitchen into a new conference room to be utilized by Borough Agencies; and

WHEREAS, NJSA 40A:11-6.1 requires the solicitation of quotations for purchases estimated to be in excess of $2,640.00 or more but less than $17,500.00; and

WHEREAS, quotes were received from:

1.  F.O. Home Improvements - $17,400.00

2.  Mulaney Construction - $18,750.00

3.  J. Hock Home Improvements - $19,250.00

WHEREAS, it is the recommendation of the Recreation Director that the award of contract be made to F.O. Home Improvements, 323 Mill Street, South Plainfield, NJ 07080 at a total cost not to exceed $17,400.00

WHEREAS, the availability of funds for this purpose have been certified by the Chief Financial Officer from the Recreation Trust Account;

NOW THEREFORE BE IT RESOLVED by the South Plainfield Borough Council that a contract be awarded to F.O. Home Improvements, 323 Mill Street, South Plainfield, NJ 07080 for the conversion of the Supervisors room and the old kitchen into a new conference room at a total cost not to exceed $17,400.00.

#11-065

Pursuant to N.J.S.A. 39:4-8, the following locations described below are hereby designated as additional bus stops for NJ Transit Bus #819 within the Borough of South Plainfield:

1.  Along Corporate Blvd., southbound, on the westerly side thereof:

a.       Hadley Road (far side) -  beginning at the southerly curb line of Hadley Road and

    extending 170’ southerly therefrom.

b.      Corporate Court (far side) – beginning at the southerly curb line of Corporate

   Court and extending 100’ southerly therefrom.

2. Along Hadley Road, eastbound on the southerly side thereof at:

        a. Corporate Blvd. (mid-block) - beginning 1,600’ west of the westerly curb line of

  Corporate Blvd. and extending 135’ westerly therefrom.

3. Along New Durham Road, westbound, on the northerly side thereof at:

a.       Corporate Blvd. (far side)  beginning at the westerly curb line of Corporate Blvd. and

                  extending 180’ westerly therefrom

#11-066

authorization is hereby given to schedule a special public meeting of the South Plainfield Mayor and Council on Monday, March 28, 2011 at 7:00pm in the Council Chamber at the Municipal Building, 2480 Plainfield Avenue, South Plainfield, NJ  07080, the main purpose of which is the introduction of the CY2011 Municipal Budget.   The Clerk shall advertise said meeting in accordance with the New Jersey Open Public Meeting Act- Chapter 231-PL 1975. 

Roll Call

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

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CORRESPONDENCE

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

1. Letter from Middlesex County Freeholders re: appointment of Freeholder Charles Tomaro to

     the Dismal Swamp Preservation Commission replacing Freeholder Barrett Bellante

2. Letter from Middlesex County Board of Taxation re: providing Equalization Tables for 2011

3. Letter from Board of Ed requesting Council to waive building fees on SPHS the installation of

      a new door on the trainer’s room.

4. Letter from NJ DOT  re: 2011 DOT Municipal Aid grant award of $300,000 for Phase II of

       the New Market Avenue project and copy of the grant agreement

5. Letter from Middlesex County Dept. of Planning re: Riparian Buffer Conservation Zone

   Ordinance as part of compliance with the Wastewater Management Plan

6. Letter from NJ Transit re: #819 Bus Line and the placement of 4 new bus stops along

    Corporate Blvd., Corporate Court and New Durham Road

7. Planning Board Minutes for December 7, 2010

8. Zoning Board of Adjustment Minutes of February 10, 2011 

9. Zoning Board of Adjustment Minutes of February 24, 2011

10. Library Board of Trustees Minutes of February 8, 2011

11. Letter from NJ Clean Energy Program  re: Borough’s application for an EECBG grant

      rebate program

Roll Call

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 BILL

            Current Fund   0-01 - $11,888.00

            Current Fund   1-01 - $233.118.28

    Sewer Utility Operating Fund  -  $2,089.08 

            Pool Utility Operating Fund – $1,065.00 

            General Capital - $24,589.85

            Grant Fund - $910.00

            Dog Trust -  $3,854.93

           Treasurers Trust - $285.03

            Recreation Trust - $10,892.98

       TOTAL OF ALL FUNDS - $288,694.15

Roll Call

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

REPORTS:

Administrator/CFO Glenn Cullen reported the following items:

1. OEM Coordinator Mike Zushma met with FEMA and was successful in securing $73,000 in relief toward the cost of the last storm. 
2. Code Enforcement February totals from their monthly recap we reported

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3. The Borough will receive an award of $20,000 from the Direct Install grant
4. The borough is currently seeking a Tax Cashier and conducting interviews from a large field of applicants
5. The CY2011 Budget will be introduced at the special March 28^th Council meeting

Borough Engineer Len Miller gave a Project Summary Report of all capital projects currently active or nearly completed/closed. ( Report on file in Clerk’s office.)

Clerk Graf reported that NJ Transit has advised her that the new 14 passenger Senior Citizen bus which is being awarded through the FTA 5310 program should be delivered within the next couple of months.  Also the 2011 Financial Disclosure statements are being distributed to all required officials. They are due back by April 29^th.

Councilman Salerno reported progress.

Councilman Barletta complimented SPHS on an impressive concert program and announced that the replacement of the Courtroom ceiling will take place soon.

Councilman Bengivenga commented on a number of community events he attended recently including the Elks St. Patrick’s Day event, the Girl Scout Pancake Breakfast, the Franklin School Tricky Tray and St. Joseph’s Day event at Sacred Heart.  Mr. Bengivenga thanked Bill Butrico and Renato Biribin for their hard work on the St. Joseph’s Day as well as Mike Zushma for his work to secure the FEMA aid.

Councilman McConville announced upcoming events including:

1. Boy Scout Spaghetti Dinner on April 2^nd
2. Opening Day of  Junior Baseball and Girls Ponytail on April 9^th
3. Annual Easter Egg Hunt  at 1pm on April 16^th
4. Cultural Arts Line Dancing event on June 11 from 7pm to 10pm at Senior Center.

Mr. McConville also reported on the success of the Author’s visit at Grant School and the Girl Scout Pancake Breakfast.

Councilwoman Buteas congratulated all the community groups involved with the past week’s events in town.  She reported on several items including:

1. The Green Team held it’s first meeting
2. Women’s History Month Essay Contest winner has been selected and will be announced at the next Council meeting.
3. Ms. Buteas is working with Principal Kevin Haydek to hold an assembly program for the Middle School girls with emphasis on self esteem and reaching for your dreams with several prominent women speakers.
4. Confirmation has been received that South Plainfield will be receiving steel  from the World Trade Center.  Ms. Buteas thanked Janet McCoid for suggesting the possibility to her.

Council President Rusnak announced that the CY 2011 Municipal budget will be introduction on March 28, 2011 at 7:00pm at a special meeting of the Governing Body.  He also acknowledged Ms. Buteas for her effort to obtain a piece of the World Trade Center for Monument Park.

Mayor Anesh reported the following:

1.      The Borough’s website development is progressing and a meeting with Pat Vargo is 

      scheduled for Tuesday.

   2.   He reminded the public about Opening Day for Junior Baseball on April 9^th

    3.   He encouraged the public to utilize the Maintenance Repair request form for DPW

         on the Borough’s website

   4.   He announced that as part of the Mayor’s Wellness Campaign, plans are being made

         for a Health Fair in cooperation with St. Peters Hospital

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

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Debbie Boyle of Van Fleet Ave announced that there would be a charity volleyball game on Saturday, March 26^th at 1pm at SPHS for the family of Stephen Maszak.  She also announced that an elementary school through their Student Council donated to the Triple C Ranch program.

She said she was conflicted by this and suggested that in the future, groups consider donating to local organizations such as the Highland Woods.  She also briefly commented on the History contest in elementary classes K through 4^th.

Les Bergen of Hamilton Blvd. asked questions about the New Brunswick Avenue road and bridge project including how many lanes it would be and if the establishment of a Quiet Zone at that train crossing was included.  Mr. Bergen also noted the pothole problems.  It was explained that hot patch isn’t available until April 4^th so DPW uses cold patch which doesn’t hold as well.

Joe Scrudato of Lafayette Place inquired what the Council’s plan is since the sale of Block 273, lots 4 & 5 didn’t occur tonight.  He was told that there are no plans at this time.   He also asked about Ordinance # 1922 – the vacation of a portion of Dover Place.  Councilman Barletta explained that the contiguous property owner requested to purchase it and it was in the best interest of the borough and the property owner to do so.  He also asked if a list of tax appeals had been prepared to which Mr. Cullen replied that he did have the list.

Paul McCullen of Walnut Street asked several questions about the New Brunswick Avenue road project including the number of lanes and a possible alternate route.  Mr. Miller clarified the County’s plans.  He also asked if PSE&G had taken care of the overhead lights.

Mr. Cullen advised the Council that the borough has yet to acquire two right of ways on the New Brunswick Ave project.

Leon Waslowski of Selene Avenue returned to inquire if any decision had been made on his request to restrict parking on his street.  Mr. Bengivenga advised him that the Traffic Safety Advisory Commission would be meeting on March 23^rd and it will be discussed then.

Frank Mikorski of Regency Place asked if Mr. Cullen might have the total fines collected from his earlier Code Enforcement report.  Mr. Cullen responded that the total collected was $1,700.00 for the month of February.  Mr. Mikorski also commented on the proposed Board of Ed tax increase of $211 per household and urged the council to request a copy of the Board’s audit and try to make some sense of those numbers.

Mr. Rusnak advised Mr. Mikorski that he had a meeting with members of the Board and the budget is a work in progress.  The current number is more like $110 increase but they are still working on it.  Mr. Mikorski suggested the Council look at the Capital Reserve account.  

Mr. Mikorski also asked what the status was on the possible shared service of the borough doing oil changes for some of the Board of Ed buses.  Mr. Rusnak advised him that the borough has met with the Board staff and have brought some vehicles over to DPW to see if they fit in the bay.  Finally, Mr. Mikorski commented on the NJ Transit route changes and suggested that it deserves a second look.

Yvonne Viscosi of Spicer Ave. asked for details on Resolution # 11-061.  Mr. Rusnak replied that the Council has asked that that item not be discussed due to its sensitivity.  Borough Attorney Rizzo added that it is an ongoing personnel matter and that beyond the termination, there could be further action.  Mrs. Viscosi asked if the public would be made aware of the matter eventually and was told yes, in time.

Observer Editor Nancy Grennier advised everyone that the School Budget will appear in this coming issue of the paper.

Debbie Bergen of Hamilton Blvd. asked if there were any plans for a bulk pickup.  Mr. Rusnak advised that the Council is considering the matter.  Once the bids are in and cost can be determined then they will know more to help decide.  Mayor Anesh added that it’s a matter of one pickup vs. two.

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

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Mr. Bengivenga made a motion to adjourn, seconded by Mr. Barletta and approved unanimously at 8:50pm.

Respectfully Submitted,

Joann L. Graf, RMC

Municipal Clerk