Minutes from the March 28, 2011 Special Public Meeting                           

of the South Plainfield Mayor and Council

Due to the fact that the Mayor was performing a wedding ceremony in the conference room, the meeting was called to order at 7:20pm by Council President Rusnak, 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 detained at his job and was unable to attend.

Following the Pledge of Allegiance, Mr. Barletta offered the Invocation.

Mayor Anesh opened the meeting for public comment.

Eric Aronowitz of Lafayette Place, Chairman of the Library Board of Trustees addressed the governing body on the question of including $750,000 in the CY2011 budget from Library surplus funds.   Mr. Aronowitz asked if the Council is utilizing the recently enacted statute as the basis for their action, isn’t there a statutory procedure that needs to be followed. Mr. Cullen replied that he received verbal approval from Tina Zapechee from the Division of Local Government Services.  Mr. Aronowitz then asked whether the Borough had any communications with the State Library Director to which Mr. Cullen confirmed that he traded emails with the State Director. Mr. Aronowitz and Mr. Cullen continued their exchange of viewpoints on the matter.  Mr. Rusnak summarized what was discussed at an earlier meeting among the Mayor, Council President, Administrator and Mr. Aronowitz on the proposed new library project.  He updated Mr. Aronowitz on what has transpired since that meeting and stated that they were moving forward.

Charles Butrico asked about page 10 of the budget and the increase in the anticipated revenue from the cable franchise tax.  Mr. Cullen explained that Verizon Fios has increased their market share considerably which in turn affected the increase in anticipated revenue.  Regarding the use of $750,000 from Library surplus as revenue in the 2011 budget, Mr. Butrico suggested that this action might be premature and that without the library contribution, the amount to be raised by taxation is actually $500,000 higher that in 2010.

Mr. Cullen attributed this to the decrease in revenues to the borough.

Mr. Mikorski asked when the library legislation was passed.  Mr. Cullen replied that it was within the last year but the Local Finance Board Notice was not published until early March 2011.  Mr. Mikorski asked why people weren’t aware to which Mr. Cullen stated that some people were aware.  Mr. Mikorski asked about the library surplus and the audit.  Mr. Cullen confirmed that as of December 31, 2009, there was approximately $1.9 million in surplus.

Council President Rusnak closed the public portion of the meeting and called for Ordinance # 1924.

The Clerk read Ordinance # 1924 by title only for introduction as follows:

#1924 entitled:   An ordinance to exceed the municipal budget cost of living allowance for

                       calendar year 2011 and to establish a cap bank when the COLA is equal to

                        or less than 2.5 percent pursuant to (N.J.S.A. 40A:4-45.14)

Mr. Barletta made a motion to approve Ordinance # 1924 on first reading, seconded by Mr. Bengivenga.

Roll Call

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

Council President Rusnak called for the introduction of the CY2011 Budget.

Commenting on the budget, Ms. Buteas agreed with the Library Board Chairman’s position.  She found it quite disingenuous for the Library to have to carry a budget deficit of 5 to 6 tax points on their backs.  She pointed out that the Library Board has been building up their reserve to offset the cost of the new library project. 

Mr. Rusnak stated that the majority of the $2 million surplus is taxpayer dollars and it is his belief that and should be returned to the taxpayers as tax relief.  He continued by saying that even with the $750,000 contribution, the surplus remains at approximately $1.3 million and the Library will continue to receive $114,000 per month in 2011. 

Mr. Bengivenga asked the CFO what the total operating budget for the library is.  Mr. Cullen answered approximately $1.5 million. Mr. Bengivenga concluded that the money the borough gives them each year will still result in a build up of surplus funds every year.

Ms. Buteas replied that the issue here is there is a huge budget deficit that is being plugged with a one time revenue. 

Mr. Barletta stated that the council has to take into consideration the Borough as a whole.  If this money is available through new legislation we have a duty to use the money to offset taxes and give tax relief.

Clerk Graf read pages 1 and 2 of the budget document on introduction after which Mr. Barletta made a motion to approve the CY2011 budget, seconded by Mr. Bengivenga 

ROLL CALL

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:    Buteas

ABSENT:  Salerno

Mayor Anesh arrived and assumed his place at the Council table.

Ms. Buteas asked to have Resolution # 11-067 seperated from the consent vote.

Mr. Bengivenga made a motion to approve Resolution # 11-067, seconded by Mr. Barletta as follows:

WHEREAS, Borough Assessor Margaret Ackerman has announced her retirement for late April 2011; and

WHEREAS, the Borough Administrator posted and advertised the position and interviewed the applicants along with the Assessor; and 

WHEREAS, The borough officials concurred on the selection of Mary Frances Hildebrandt, CTA to fill the position vacated by Margaret Ackerman;

NOW, THEREFORE, BE IT RESOVED by the Mayor and Council of the Borough of South Plainfield that Mary Frances Hildebrandt, CTA  is hereby hired as the new Borough assessor, effective April 18, 2011 at an annual salary of $58,000.00.

ROLL CALL

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:    Buteas

ABSENT:  Salerno

Mr. Barletta made a motion to approve Resolutions 11-068 through 11-071, seconded by Mr. Bengivenga as follows:

#11-068

authorization is hereby given to waive the Fire Permit fee of $42.00 for the Board of Education Candidates’ Night to be held on April 7, 2011 at 7:00pm in the Kennedy School auditorium.

#11-069

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

overpaid their taxes and have requested refunds:

Block 85; Lot 4                                              

Mr. C. England & Mrs. K. Semon

2532 Audubon Avenue         

South Plainfield, NJ  07080

$1,729.59

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.

#11-070

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

overpaid their taxes and have requested a refund:

OWNER/ADDRESS

Block 222 Lot 8

Kenneth and Kathleen Smith

3161 Clark Lane

South Plainfield, NJ 07080                                                                                                                

$1,032.38                                                                                            

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.

#11-071

a title change is hereby authorized for Borough Assessor Margaret Ackerman from Assessor

to Chief Assistant Assessor effective April 18, 2011 at her present salary.

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

Mr. Cullen asked to have a second personnel item added to the Resolution authorizing an

Executive Session.

Mr. Rusnak made a motion to authorize an Executive session in accordance with the

Open Public Meetings Act, P.L. 1975, Ch. 231, seconded by Mr. McConville and approved

unanimously for the following item:  

                                                1. Contract – Municipal Court

                                                2. Personnel - Cashier

                                                3. Personnel – Summer help

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

As a member of the original Library Ad Hoc Committee, Mr. Butrico stated that although it was not stated in writing, it was understood that the Library Board would be responsible for the cost of the library interior.  He then asked why $750,000 was the amount chosen.  Mr. Cullen explained that the amount is only a third of the total surplus.

Dick Frank of Woodland Ave asked if there were any way that the $750,000 would become a debt or a detriment to the library building project.  Mr. Rusnak replied that that is not the case.

Frank Mikorski asked if the borough accounts for the Homestead Rebate credits in the budget.  Mr. Cullen confirmed that it is accounted for.

Ms. Buteas asked about the amount budgeted for tax appeals this year.  An amount of $165,000 was confirmed.  Mayor Anesh and Council President Rusnak cautioned that the budget is still a work in progress and additions funds will be budgeted in this budget item.  Ms. Buteas also asked Mr. Cullen for a list of all tax appeals.

Mr. Cullen commented that the notion that the borough can budget for the refund of school taxes is unrealistic and that most administrations bond to cover this item.  

The Council moved into Executive Session.  Upon their return, since no additional action would be required, Mr. Bengivenga made a motion to adjourn, seconded by Mr. Rusnak and approved unanimously.

Respectfully Submitted,

Joann L. Graf, RMC

Municipal Clerk