Minutes from the March 7, 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.

Prior to a vote on the minutes, Ms. Buteas questioned the Clerk as to why the minutes were being amended.  Ms. Graf explained who requested changes and why.  Ms. Buteas stated her objection to having her statements altered.  Ms. Graf explained that she was responsible for the deletion.  She suggested to the Council that they hold off voting on the minutes in question and allow her to revise them and the Council can then vote on them at the March 21^st meeting.  The Council agreed unanimously.

Mr. Bengivenga made a motion to accept the minutes of February 22, 2011 Agenda and Executive meeting; seconded by Mr. Barletta.

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

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

Mr. Mikorski asked Mr. Cullen to confirm his understanding of the explanation on Ordinance # 1920.   He then asked for clarification on the Temporary budget amendment and also Correspondence # 17.  Mr. Mikorski also inquired about the report from Maser and was told that the remedial estimate is $138,000.

Derryck White asked for clarification on the liability if the Plainfield Ave property that will be auctioned.

Joe Scrudato asked who put a bid on the Plainfield Ave property and was told that no one requested to buy it.   It’s a public auction.  Next he asked about the possibility of an inter-local agreement with another municipality or county to rent the equipment. 
Mr. Cullen responded and gave several reasons why that is not a viable solution.

Mayor Anesh closed the public portion and called for a motion on Ordinance # 1915.

Ms. Graf read Ordinance # 1915 by title only for public hearing and final adoption as follows:

#1915 entitled:  An ordinance authorizing the sale of surplus land known as Block 273,                          Lots 4 & 5 at a public auction to be held on Monday, March 21, 2011 at                           7:00pm in the Council chambers of the South Plainfield Municipal building.

WHEREAS, the Borough of South Plainfield in the County of Middlesex is the owner
of the property identified as Block 273, Lots 4 & 5, located within the Borough of South Plainfield (hereinafter referred to as the “Property”):

WHEREAS, the Borough Council of the Borough of South Plainfield has determined that said Property is no longer needed for public use; and

WHEREAS, the Borough Council determined it to be in the public interest to sell said Property by open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13(a); and

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 Mayor and Borough Council declare the Property to be surplus and not needed for public use.

2.          The sale of the Property to the respective purchasers shall be pursuant to the terms and conditions of the Notice of Sale of Land.

3.          The Mayor, Borough Clerk, Borough Attorney or such other Borough officials as the law may provide, are hereby authorized to prepare and execute such documents as may be required to close and the transfer of title to the Property to the successful bidders.

4.          The Property is sold subject to all existing encumbrances, liens, zoning regulations, easements, other restrictions, such facts as an accurate survey would reveal and any present or future assessments for the construction of improvements benefiting said property.

5.          If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

6.          In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough of South Plainfield, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Borough of South Plainfield are hereby ratified and confirmed, except where inconsistent with the terms hereof.

This Ordinance shall take effect immediately upon final passage and publication according to law.

Mr. Barletta made the motion to adopt Ordinance # 1915, seconded by Mr. Bengivenga.

As this is a final reading, Mayor Anesh opened the public hearing on the ordinance.

There were no comments so the Mayor closed the public hearing and called for the roll call vote.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:    Buteas, Salerno

Mr. Bengivenga called a point of order that once the roll call vote begins, there shall be no comments.

The Clerk read Ordinance # 1919 by title only for public hearing and final adoption as follows:

#1919 entitled:   Bond Ordinance providing for the acquisition of various equipment for the

                        Borough of South Plainfield, in the County Of Middlesex, New Jersey,

                        appropriating the aggregate amount of $258,000 therefor and authorizing

                        the issuance of $199,000 bonds or notes of the Borough to finance part

                        of the cost thereof.

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 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 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 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 Bond Ordinance # 1919 on final reading, seconded by Mr. Barletta.

As this is a final reading, Mayor Anesh opened the public hearing on the ordinance.

There were no comments so the Mayor closed the public hearing and called for the roll call vote.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:    Buteas, Salerno

Ms. Graf read Ordinance # 1920 by title only for introduction 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.

Mr. Barletta made the motion to approve Ordinance # 1920 on first reading, seconded by Mr. Bengivenga.

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

Mr. Bengivenga made a motion to approve Resolutions 11-046 through 11-054, seconded by Mr. McConville, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-046

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 148, Lot 7

David and Donna Approvato

1516 Clinton Avenue, South Plainfield, NJ 07080                                                                            

$1,732.11                                                                                            

VENDOR

Chase Home Finance

P.O. Box 78420

Phoenix, AZ 85062-8420

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.

#11-047

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

have overpaid their taxes and have requested refunds:

Block 528; Lot 43; Qual C0138                                            

Dharmesh Shah

138 Frank Court

South Plainfield, NJ  07080

$1,359.81

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.

#11-048

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.

#11-049

authorization is hereby given to waive the building permit fees (except electrical) associated with the renovation of a room at the PAL into a new conference room.

#11-050

Whereas, the Borough of South Plainfield, intends to file an application with the New Jersey Department of Environmental Protection and the New Jersey Environmental Infrastructure Trust for the purchase of a one (1) new and unused Mobile Combination  Catch Basin-Sewer Cleaner. The apparatus will be capable of high pressure water cleaning of sanitary sewer and storm sewer drain lines, while simultaneously removing debris from a manhole or catch basin with a vacuum system in order to minimize the adverse impact of stormwater runoff on water quality.

Now, therefore be it resolved, that Glenn Cullen, Administrator/Chief Financial Officer of the Borough of South Plainfield, be authorized to act as the Authorized Representative to represent the Borough of South Plainfield in all matters related to the project undertaken pursuant to the above referenced New Jersey Environmental Infrastructure Loan to be executed with the New Jersey Department of Environmental Protection and the new Jersey Environmental Infrastructure Trust. The Authorized representative may be contacted at 2480 Plainfield Avenue, South Plainfield, Middlesex County, New Jersey 07080.

#11-051

Authorization is hereby given to waive the Fire Permit fee of $42.00 for the OLC Feast of St. Anthony to be held on the church grounds from June 7 through June 11, 2011.

#11-052          

Authorization is hereby granted for the purchase of a Harris M7300 series Control System for the
Fire Department’s in house radio system, under State Contract #A-53753, at a cost not to exceed $9000.00.  The CFO has certified that funds are available in the Fire Dept. Grant Account # C-04-55-915-002-901.

#11-053

WHEREAS, NJ DEP has notified the Borough that the manner in which the DPW currently handles wash water run off at the borough garage is in violation of state regulations; and

WHEREAS, the Borough of South Plainfield is required to comply with storm drain regulations immediately and provide a solution to the problem; and

WHEREAS, it is the recommendation of the Superintendent of Public Works that the borough purchase a portable recovery system; and

WHEREAS, the CFO has certified that funds are available in the Vehicle Maintenance Account.

NOW, THEREFORE, the Borough Council hereby authorizes the purchase of a RPVRE1 portable vacuum recovery system for DPW to eliminate wash water run off, in compliance of governmental storm drain regulations, at a cost not to exceed $4200.00

#11-054

Authorization is hereby granted for the purchase of the purchase of 65 pair of goggles for the Fire Dept., at a cost not to exceed $3600.00.  Funds have been certified from the Fire Dept. Penalty Fund.

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

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

1.       Environmental Dept. Monthly Report – February 2011

2.       Update from EPA on their study of the Bound Brook

3.       Letter of Retirement from Tax Assessor Margaret Ackerman (April 29, 2011)

4.       Code Enforcement Monthly Report – February 2011

5.       Comcast notice of rate change for business class

6.       Business Advisory Group minutes – February 2, 2011

7.       County Planning Board Minutes – February 8, 2011

8.       Notice of meeting schedule and agenda format for County Planning Board

9.       Letter from READ Foundation re: clothing bins placement 

10.  Letter from Borough Attorney to Nancy Grennier re: Open Public Meetings Act

11.  Environmental Commission Minutes – January 2011

12.  Zoning Board minutes – January 13 Reorganization

13.  Planning Board minutes – January 25 Reorganization

14.  Zoning Board minutes – January 13, 2011

15.  Planning Board minutes – January 25, 2011

16.  Recycling Department Monthly Report – January 2011

17.  Letter from NJ DEP Re: Brownfield & Landfills redevelopment

18.  Insurance Buyers’ Council  Re: ERRP filing report

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

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

PAYMENT OF BILLS

            Current Fund   0-01 -  $4,795.46

    Sewer Utility Operating Fund    0-07   -  $9,493.24 

            Current Fund   1-01 -  $380,954.74

    Sewer Utility Operating Fund  1-07  -  $1,255,494.53

            Pool Utility Operating Fund – $996.00 

            General Capital - $4,070.68

            Grant Fund - $703.00

            Dog Trust - $3,733.33

           Treasurers Trust - $3,463.94

            Recreation Trust -  $2,778.97

       TOTAL OF ALL FUNDS - $1,666,483.89

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

REPORTS:

Mr. Cullen distributed a copy of the short term (1 year) bond which was issued on February 24, 2011.  TD Securities was the successful bidder with an interest rate of 1.6% .  Mr. Cullen also reported that NJ Transit is seeking approval for 4 new bus stops in the Middlesex Mall / Hadley Mall area due to the loss of their stop at the Middlesex Mall.  He also commented on the Maser Consulting report on the remediation of the Suburban Bus Co. property.  Mr. Cullen asked the Council to consider a situation on Randolph Ave. in which a resident has requested approval to remove his sidewalk since it is a sidewalk to nowhere. Most of the homes on the street do not have sidewalks.  It was discussed and the Council will visit the property to inspect the situation before making a decision.

Borough Engineer Len Miller distributed a draft letter to the State addressing the violation regarding the run off and storm water issues. 

Mr. Salerno congratulated SPHS wrestlers especially Anthony Ashnault who captured the state championship title in Atlantic City last weekend.

Mr. Barletta commented on his experience reading to a class of second graders for Read Across America Day.

Mr. Bengivenga reported progress.

Mr. McConville reminder the public about the Cultural Arts Talent Show auditions being held April 9 & 10 at Wesley Methodist Church.

Ms. Buteas reminded the public to volunteer and be a part of the 2011 Town wide Clean-up in April.  She commented on her day of reading to the elementary children at 2 schools.  She inquired on the progress of the budget development.

Mr. Rusnak replied that the Administration and Finance Committee met last week and will meet again this week.  Presently, it is a work in progress. Mr. Cullen added that the borough is under the levy cap so we don’t need to hold a referendum vote on the levy cap.

Mr. Rusnak also commented on his Read Across America experience and how interesting the day was reading to pre-schoolers, 1^st and 3^rd graders.  He also remarked on his days as Acting Mayor.

Mayor Anesh explained about his last minute business trip to Dallas.  He talked about his visit to Riley School for Read Across America and how inquisitive the children were.  The Mayor announced that there is a Pancake Breakfast on Sunday at the Elks Club.  He also reported on a fire over the weekend in which the resident escaped injury but his dog was lost in the fire.

Ms Buteas commended the borough’s safety units for their efforts with handling the recent fires.

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

Frank Mikorski stated that there should be no reason why the borough cannot provide a list of tax appeals to the public.

Les Bergen asked about the funding of the state pension system. Mr. Cullen explained that the pension is under the direction of the state.

Dennis Little commented on the By-Laws.

Nancy Grennier thanked the Borough attorney for his prompt reply on her questions about the OPMA.    She disagreed with the explanation however and stated that she believe in open public access.  She suggested that when a member of the Council announces a meeting publically, then the public should have access.  Mrs. Grennier also asked about a second borough website, www.southplainfieldnj.org.  The Clerk explained that Main Street Social, the website company that the borough has been working with to develop the website further, created this second website as a prototype.  The Mayor asked to have the website blocked to public access.

Leon    , 2309 Selene Ave presented a petition and photos on behalf of residents of Selene Ave requesting action be taken to restrict the parking of multiple vehicles at the entrance to the street at Maple and Selene. He complained of problems caused by the parked cars, especially during snow plowing.   Mr. Bengivenga will refer the request to Traffic Safety for their recommendations.

Debbie Boyle announced a contest as part of celebration of the 85^th anniversary of the Borough.

She thanked all those who participated with the Read Across American event.  She announced a volleyball tournament fundraiser hosted by Middle School PTO to be held on March 26^th at 1pm to help Steven Mazak.  She also announced the Education Foundation Winetasting event at the Italian American Club and the 2011 Career Day at SPHS on April 28^th, hosted by the South Plainfield Business Asso.  Mrs. Boyle also announced that the summer intern program will be expanded this summer to include local businesses.

Derryck White commented on his first experience as a Reader for the Read Across American event and how great it was to see the high school students reading to the little kids.

Deb Bergen asked about the Ad Hoc Committee meeting schedule and the new chairperson.  Mayor Anesh replied that Paul Kavka was selected as the new Chairman and Debbie Boyle as Secretary.  It was decided that Paul would set a meeting schedule for the future but it was not necessary to meet every month at this stage in the project.  Once things get moving again, we can expect more frequent meetings again.

Deb Bergen addressed the Council about the amount of truck traffic on Hamilton Blvd. and the need for better enforcement to keep them on the truck route. Members of the governing body offered a number of factors contributing to the problem and the borough’s efforts to improve the situation.  Chief Parker also reported on the establishment of a task force to address the problems for Hamilton and also McKinley.

Charlie Butrico added his comments and suggestions relative to the issue of trucks on Hamilton Blvd.  Regarding the By-Laws, he agreed with the Mayor that the language on appointments needs to be tightened.   On the request to remove a sidewalk on Randolph Ave, he suggested that perhaps a deed restriction requiring the property owner to replace the sidewalk should the borough ever require sidewalks all along Randolph.  Mr. Butrico then asked if anyone on the Council can explain how they came up with the 1.9% salary increase figure.  He has tried every way possible and cannot get to that number.

A discussion took place between Mr. Butrico, the CFO and members of the governing body on the calculations used to determine the PBA salary percentages. 

Mr. Bengivenga remarked on the need to address the Mayor by his title and not his first name out of a sense of respect.

Paul McCullen addressed the Council on a number of concerns including Signs on Walnut Street; the need to shut off the overheads on the decorative lights; who is responsible for repair of curbs and sidewalks; contacting trucking companies about following proper truck route; the Suburban Bus property relative to the Letter from NJ DEP on Brownfield & Landfills redevelopment; whether designated open space property can be sold; clarification of the sewer rate structure; and the School budget.

Debbie Boyle took exception to a comment made earlier by Paul McCullen about the taping time of meetings and emphasized her role with the taping and airing of council meetings.

Mr. McCullen apologized and said he never meant to insult Mrs. Boyle.

Robert Bengivenga Sr. asked to use the courtroom on April 9^th for the UNICO blood drive.   The Clerk will check the calendar and confirm.

With no other comments, the Mayor closed the public portion and the governing body went into Executive Session.

On their return, Mr. Rusnak made a motion to adjourn, seconded by Mr. McConville.

Respectfully Submitted,

Joann L. Graf, RMC

Municipal Clerk