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Minutes from the May 2, 2011 Public Meeting                                   

of the South Plainfield Mayor and Council

The meeting was called to order at 7:15pm 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. 

Carmela Sutor called the roll in the absence of the Clerk.  Present were Council Members: Barletta, Buteas, McConville, Salerno and Rusnak.

After the Pledge of Allegiance, the Invocation was offered by Councilwoman Buteas.

Mayor Anesh presented a Proclamation in honor of Police Week May 15 – 21, 2011 to South Plainfield Chief of Police James Parker.

Mr. Barletta made a motion to accept the minutes of April 18, 2011 Agenda, Executive and Public; seconded by Mr. McConville.

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

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

Frank Mikorski of Regency Place, in regard to Resolution # 11-116, offered his services with the review of the defeated School Board budget.

Mayor Anesh closed the public portion of the meeting.

Administrator/CFO Glenn Cullen gave a summary report of the CY2011 Municipal Budget to brief the public prior to the public hearing.  These comments included budget highlights as well as budget challenges involving both revenues and expenses. Mr. Cullen’s review touched on the surplus, state aid, pension costs, and salaries. He noted that the overall organization is smaller than it has ever been which has allowed the governing body to be able to tow the line. He explained that because state approval had not yet been received, the budget could not be adopted at this meeting.

Mayor Anesh acknowledged for the record that Mr. Bengivenga arrived at 7:52pm.

Mayor Anesh opened the Public Hearing on the CY2011 budget.

Mr. McCorski asked about health care costs to which Mr. Cullen reported that that expense has increased.

Mr. Butrico asked if the Library funds are not approved, what options does the governing body have to address the problem.

Mr. Rusnak responded by saying that although he hopes that the funds are approved but otherwise, there will need to be severe cuts or a tax increase.

Mr. Cullen added that the budget is well below the Tax Levy Cap so if the funds are not approved, any tax increase would still be within the levy cap.

Mr. Mikorski asked what the borough would be able to recapture from the School Board re: tax appeals.   Mr. Cullen replied that it is not permissible by law.  There is no mechanism in place to permit it. 

Libby Barski asked if funds have been set aside to cover tax appeals.  Mr. Cullen replied that there is $205,000 budgeted at this time.

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Mr. Mikorski inquired on the pension costs for PERS and PFRS.  Mr. Cullen reported that PERS cost is $550,000 and PFRS is $1,513,000 or 9.7%.  He then commented on the capital surplus of the Board of Education and stated that the residents were overtaxed in 2008 and that surplus belongs to the taxpayers and it should come back to us.

Mayor Anesh closed the public hearing on the budget.

Ms. Buteas asked if the anticipated $750,000 from Library surplus is all being used to fill a deficit in the municipal budget and stated that she felt it was misleading to the public to state that the tax rate is flat when we are banking on the library funds. And a non-renewing revenue is being used which will create more problems in next year’s budget.

Mr. Rusnak asked Ms. Buteas that if that be the case, what would she recommend to bridge that gap.

Mayor Anesh added that, in the TY2009 transitional budget, a full year of state aid was totally expended in that half year budget.  That would have been the perfect opportunity to build up a reserve but you chose not to do that.  Now there is a large surplus in the library funds and the borough is seeking only a third of the amount to be returned for public use.

Mr. Bengivenga pointed out the efforts of the Administration and Finance committee in their budget deliberations and the thorough line item by line item review of the budget utilized to build the CY2011 budget.

Ms Sutor read Ordinance # 1928 by title only for public hearing and final adoption as follows:

#1928 entitled:  An ordinance appropriating $36,000.00 for the purchase and installation

                         of playground equipment for the South Plainfield Community Pool

                         located within the Borough of South Plainfield, County of Middlesex, 

                         New Jersey

BE IT ORDAINED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY as follows:

Section 1.        That there is hereby authorized pursuant to applicable statutes of

                      the State of New Jersey, as a general improvement, the following

                      improvements in the Borough of South Plainfield, County of

                      Middlesex, New Jersey:

                        Community Pool Playground Equip.       $36,00.00

                             TOTAL                                                         $36,000.00

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

                       authorized as general capital improvements for the Borough of

                       South Plainfield in the County of Middlesex, New Jersey.

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

                       Council as follows:

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

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

       is $36,000.00.

       B.     That the cost of the capital purchase shall be paid

       From a $22,000 contribution from the South Plainfield

       Recreation Trust Fund, $12,000 from Pool Capital

       Improvement Fund and $2,000 from Pool Capital Surplus.

       C.     The estimated useful life of said improvements is hereby

       determined to be five (5) years.

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

                               Architectural and inspection costs, legal costs, advertisement of

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

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

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

                               in accordance with the law.

Mr. Bengivenga made a motion to adopt Ordinance # 1928; seconded by Mr. Barletta.

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

no comments, Mayor Anesh closed the public hearing and called for a roll call vote.

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

Ms Sutor read Ordinance # 1929 by title only for public hearing and final adoption as   

follows:

#1929 entitled:   A Bond Ordinance amending Bond Ordinances numbered 1815 and 1816,

                        both amended by Bond Ordinance numbered 1827, of the borough of

                        South Plainfield, in the County of Middlesex, New Jersey, both finally

                        adopted April 7, 2008 and amended July 21, 2008, in order to amend the

                        descriptions to include additional projects.

Section One.     Sections 3(a) of Bond Ordinances numbered 1815 and 1816 of the Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”), both finally adopted April 7, 2008 and amended by Bond Ordinance numbered1827, finally adopted July 21, 2008, are hereby amended to include in addition to the other purposes previously authorized, the following purposes:

                        (a) The engineering and design of road improvements on New Market Avenue Phase #2, Rahway Avenue and Kenyon Avenue, including all work and materials necessary therefor and incidental thereto.

Section Two.     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 Three.   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 # 1929; seconded by Mr. Barletta.

As this is a final reading, Mayor Anesh opened a public hearing on the ordinance.  Seeing no comments, Mayor Anesh closed the public hearing and called for a roll call vote.

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

Ms Sutor read Ordinance # 1930 by title only for public hearing and final adoption as follows:

#1930 entitled:   An ordinance amending Ordinance no. 1653 Regulating parking, stopping,

                        standing of any motor vehicle on a portion of Roosevelt Avenue in the

                        Borough of South Plainfield, Middlesex County, New Jersey.

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BE IT ORDAINED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that Ordinance No. 1653 entitled An Ordinance Regulating Parking, Stopping, Standing of any Motor Vehicle on a Portion of Roosevelt Avenue in the Borough of South Plainfield, Middlesex County, New Jersey, and adopted on April 5, 2004 be amended as follows:

SECTION 2:  No Person shall stop or stand any motor vehicle at the following location in the Borough of South Plainfield, County of Middlesex, State of New Jersey:

            a.         Roosevelt Avenue – West side between New Market Avenue and Sage Street; Mondays 9:00am through Saturday 9:00pm.

            b.         Roosevelt Avenue – East side between New Market Avenue and Sage Street, Mondays 9:00 a.m. through Saturdays 9:00 a.m.

            All other provisions of Ordinance No. 1653 shall remain in full force and effect.

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

Mr. Bengivenga made a motion to adopt Ordinance # 1930; seconded by Mr. McConville.

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

Ms Sutor read Ordinance # 1931 by title only for introduction as follows:

#1931 entitled:   An Ordinance authorizing the acquisition of interests in portions of certain

                        lots by negotiation or condemnation for the improvement of a portion of

                        New Brunswick Avenue within the Borough.

Mr. Bengivenga made a motion to approve Ordinance # 1931 on first reading; seconded by

Mr. Barletta.

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

Regarding Resolution # 11-117, Ms. Buteas commented on the funding of the engineering fee to which Mr. Bengivenga explained that the fee in this resolution is to be funded through the bonding funds in Ordinance # 1929.  This is a reallocation of funds already bonded.

Ms. Buteas asked to separate Resolutions #11-111 and 11-117 from the consent vote.

Mr. Bengivenga made a motion to approve Resolutions 11-111; seconded by Mr. Barletta as follows:

#11-111           

WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11 any expenditure of public funds in excess of $17,500 requires the advertisement for proposals for delivery of said goods or services; and

WHEREAS, a need has been determined to make insulation alterations to the Senior Center auditorium to improve energy efficiency; and

WHEREAS bids were solicited and opened on Wednesday, April 9 and the following picked up bid packages and submitted bids:

·          Innovational Construction   $15,700 total with Alternates

·          Tri-Form Construction         $16,220 total with Alternates

·          Pharos Enterprises              $18,150 total with alternates

·          Fair-Con Builders                $27,460 total with Alternates

·          Suburban Builders               $29,600 total with Alternates

·          Pelcon Construction             $31,562 total with Alternates

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WHEREAS, the bids have been reviewed by the Borough’s Project Architect, Cornerstone Architectural Group, LLC, and the Borough Attorney, Paul Rizzo and it is their recommendation  that the bid of Tri-Form Construction in the amount of $16,220 including the 2 Alternates be accepted and a contract be awarded; and

WHEREAS, funds for said purpose have been certified by the Chief Financial Officer and
are available in the 2011 Community Development Block Grant.

NOW, THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
Plainfield that authorization is hereby given to award a contract to Tri-Form Construction
for insulation alterations to the Senior Center auditorium at a cost not to exceed $16,220.

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

YES:  Barletta, Bengivenga, McConville, Salerno, Rusnak

RECUSE:  Buteas

Mr. Bengivenga made a motion to approve Resolutions 11-117;  seconded by Mr. Barletta as follows:

#11-117

Authorization is hereby granted for T & M Associates to provide preliminary planning, design and bid phase for improvements to New Market Avenue Phase #2, Rahway Avenue and  Kenyon Avenue at a cost not to exceed $83,000.00.

YES:  Barletta, Bengivenga, McConville, Rusnak

NO:   Buteas, Salerno

Mr. Bengivenga made a motion to approve Resolutions 11-110,  11-112 through 11-116, and 11-118 through 11-120seconded by Mr. Barletta, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#11-110          

WHEREAS, Piedmont Operating Partnership has applied for a release of a performance bond posted for public improvements to Block 550, Lot 3 (1111 Durham Ave); and

WHEREAS, the Borough Engineer has certified all required public improvements to the property have been installed; and

WHEREAS, the requirements and conditions of Borough Ordinance # 762 have been complied with as to filing and serving of notice; and

WHEREAS, the Borough Engineer has recommended that the performance bond in the form of a   Check in the amount of $1,680.00  be released upon the posting of a two year maintenance bond in the amount of $252.00 and the payment of any outstanding engineering escrow fees or COAH fees; and

WHEREAS, the Governing Body held a public hearing on Monday, February 2, 2011 and there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be released.   

#11-112           

authorization is hereby given to Waive a Fire Permit fee of $42.00 for the Cultural Arts Commission annual Talent Showcase to be held on May 1^st at Wesley Methodist Church.

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#11-113

in conjunction with Ordinance # 1928, the purchase of playground equipment for the Community Pool utilizing General Recreation State Contract #A59057 for an amount not to exceed $33,500.00 is hereby authorized.   Funding has been certified by the CFO from the Pool Capital account.

#11-114

WHEREAS, the Borough of South Plainfield awarded a contract to Top Line Construction Corp. for Improvements to New Market Avenue for a contract amount of $374,882.90; and

WHEREAS, the Borough’s Engineer, T & M Associates, has prepared the final change order and payment certificate for the improvements stated above and certified that all contracted work for the project has been satisfactorily completed; and

WHEREAS, the Contractor has been directed by the Borough Engineer to execute and deliver a Maintenance Bond having a penal sum equal to 25% of the final adjusted contract amount of $370,860.36.  The 25% Bond amount required is $92,715.90 and shall remain in full force and effect for a period of no less than two (2) years; and

WHEREAS, the Chief Financial Officer has certified that funds are available to pay for said change order from Account C-04-55-911-002-901.

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of South Plainfield authorizes Change Order No. 3, resulting in a Project Closeout of the project for improvements to New Market Avenue in the amount of $11,328.98 for the Borough’s contract with Top Line Construction Corp.

#11-115

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.

#11-116

WHEREAS, the voters of South Plainfield rejected the 2011-2012 School Board budget by a vote of 912 in favor vs. 1020 opposed in the April 27, 2011 School Board Election; and

WHEREAS, within two days of the certification of the election results, the South Plainfield School Board must deliver the rejected base budget to Mayor and Council for their review and recommended budget adjustments; and

WHEREAS, the professional service of the Borough’s Auditor, Suplee Clooney is needed to assist the governing body and CFO in their review and determination on the budget;

NOW, THEREFORE, the Governing Body of the Borough of South Plainfield hereby authorizes Suplee Clooney to provide accounting and professional services regarding the South Plainfield School Board Budget which was rejected by the voters at the April 27, 2011 School Board Election, at a cost not exceed $7,000.00.

#11-118

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 a need exists to purchase a new lawn mower for the Dept. of Public Works; 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 and the lowest responsible proposal for the purchase of  
a John Deere #997 Commercial L.C. Diesel Lawn Mower was from Power Place, Inc., 297 Route 22 East, Whitehouse Station, NJ 08889, for a price not to exceed $14,800.00.

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

WHEREAS, it is the recommendation of the Superintendent of Public Works and the Borough Administrator to accept the quote from Power Place, Inc. for a price not to exceed $14,800.00.

NOW THEREFORE BE IT RESOLVED that the purchase of a John Deere #997 Commercial L.C. Diesel Lawn Mower from Power Place, Inc., 297 Route 22 East, Whitehouse Station, NJ 08889 is hereby authorized for a price not to exceed $14,800.00.

#11-119

the Municipal Clerk is hereby authorized to publish legal notices for the solicitation of bids for the 2011 Bulky Waste Pickup and the Fall Leaf Pickup.

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#11-120

WHEREAS, property known as Lot 2, in Township Block 232, more commonly known as 184

West Nassau Avenue in South Plainfield, NJ is owned by Palmer A. Liberty; and

WHEREAS, Palmer A. Liberty, who had qualified as a one hundred percent Disabled

Veteran under the provision of the N.J.S.A. 54:4-3.30, causing his property to be exempt

from taxation at the local level commencing on August 19, 2010 as verified by the Tax

Assessor; and

WHEREAS, the Tax Bills for the Calendar Years 2010 and 2011 were generated from the
2009 and 2010 Assessor’s Tax Lists, as required under regulations promulgated by the
New Jersey Division of Local Government Services in The Department of Community Affairs pursuant to N.J.S.A. 54:4-64, thus presenting this property owner with tax bills for the
above mentioned periods, while the property is correctly classified as being Tax Exempt
for the same period;

NOW THEREFORE BE IT RESOLVED that the Tax Collector is hereby authorized and
directed to cancel monies levied for the fourth quarter 2010 and the first and second
quarters of 2011 in the total amount of $4,232.03, resulting in an overpayment of these quarters in the amount of $4,232.03, on the property known and designated as Lot 2, in Block 232.

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

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

CORRESPONDENCE

1.  Letter from Paul Buckley, HCD   Re: 2012 Cooperative Agreement / CDBG Grant

2.  Library Board of Trustees 2010 Annual Report  ( distributed earlier )

3.  Library Board of Trustees Meeting Minutes – March 8, 2011

4.  Letter from residents of New Market Ave regarding R & D Towing, 602 New Market Ave

5.  Planning Board Minutes – March 8, 2011

6.  Zoning Board Minutes – March 10, 2011

7.  Zoning Board Minutes – March 24, 2011

8.  Zoning Board Executive Minutes – March 24, 2011

9.  Scotch Plains notice of Redevelopment Ordinance ( Copy of plan on file in Clerk’s office )

10.  Traffic Safety Advisory Comm. minutes – March 23, 2011

11.  NJ Dept. of Education:  notification of rejection of Board of Ed budget and action required

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 as follows:

PAYMENT OF BILLS

           Current Fund - 0-01  -  $219.98

     Current Fund - 1-01  - $308,152.45

     Sewer Utility Operating Fund  -  $45,996.40 

             General Capital - $111,319.22

            Grant Fund - $13,295.00

           Treasurers Trust - $7,550.00

            Recreation Trust - $4,304.90

       TOTAL OF ALL FUNDS - $490.837.95

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REPORTS:

Mr. Cullen advised the governing body that he was notified by the Middlesex County Housing and Community Development Director that the CDBG program has been impacted at the Federal level and the borough will need to adjust the 2011 project list accordingly.

Mr. Miller gave the Engineer’s Project Summary report, with a hard copy distributed to the members of the governing body.  His report included New Market Ave, Phase II, resurfacing of Rahway Ave, the energy audit and grant work, New Brunswick Ave project and sidewalks.

Mr. Barletta congratulated Alice Tempel and her committee for organizing another successful Litter Cleanup two Saturdays ago.  He and Mayor Anesh and Councilmen McConville and Rusnak covered the Hamilton Blvd area near Home Depot.   He also expressed his thanks to Carolyn Allen and Debbie Boyle and the Education Foundation for their successful and enjoyable Wine Tasting fundraiser at the Italian American Club.

Mr. Bengivenga commented on the Wine Tasting event and also the Sacred Heart School Farewell Reunion held at the Pines Manor to commemorate the end of Sacred Heart School and the beginning of  Holy Savior Academy.   He also wished his Mom and all the mothers a very Happy Mother’s Day.

Mr. McConville congratulated the Cultural Arts Commission on a very successful Talent Showcase held on May 1^st and he applauded the participants for their display of talent.

Ms. Buteas expressed her gratitude and appreciation to Alice Tempel and Dorothy Miele for their efforts in running the annual Cleanup Week.  She also congratulated Kevin Hughes for the annual Easter Egg Hunt.  Ms Buteas commented on the Cultural Arts Talent Show noting how each year it gets bigger and better that the year before. She received a complaint from a resident for West 8^th St. about the condition of the road and asked if the borough could take a look at it.

Mr. Rusnak reported on the actions being taken to address the defeated School Board budget.  There will be a meeting between the Board and Board officials to do their best to resolve the budget issues.

Mayor Anesh congratulated the Board of Education candidates elected in the April 27^th election.  He commented on the school evacuation drills conducted by the OEM team.  The Mayor reported that while attending the Mayors Conference in Trenton, he had a opportunity to speak with a DEP official about the Hollywood Ave truck route application. She was supportive and the Mayor will follow-up with a call to her tomorrow.

 The Mayor then opened the meeting for comments from the public.   Seeing none, Mayor Anesh closed the public portion and the governing body moved into Executive session.

No additional council business resulted from the Executive Session.  Mr. Bengivenga made a motion to adjourn, seconded by Mr. Rusnak.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk