Borough of South Plainfield
Mayor and Council Minutes
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Borough of South Plainfield
|
Minutes from the
of the
The meeting was called to order at
Clerk Graf called the roll. Present were Council Members: Anesh, Bengivenga,
Buteas, McConville, Rusnak, and
After the Pledge of Allegiance, the invocation was offered by Councilman Bengivenga.
Approval of the minutes of
YES:
Anesh, Bengivenga Buteas, McConville, Rusnak, and
The Mayor opened the meeting to the Public for comments on Agenda items only.
Frank Mikorski questioned the reason why we
would support the appointment of Bob Spiegel to the Dismal Swamp Preservation Commission
given his consistently negative stand against the borough’s efforts to build a truck
bypass. He asked how
Mayor Butrico closed the public portion and called for Ordinance # 1872
Clerk Graf read Ordinance 1872 by title only for public hearing and final adoption as follows:
Ordinance
# 1872 entitled: an ordinance establishing rates for use of the
Community Pool for 2010.
On a motion by Mr.Salerno and seconded by Mr. Bengivenga, Ordinance # 1872 was approved as follows:
BE IT ORDAINED by the Mayor and Borough Council of the Borough of South Plainfield that the following rates shall be established for use of the South Plainfield Community Pool for 2010:
Resident
On or Before 4/30
After 4/30
Family
$275 & 10 passes
$325 & 10 passes
Individual
$150 & 10 passes
$200 & 10 passes
Senior Citizen
$50 & 10 passes
$70 & 10 passes
Family
$500 & 10 passes
$500 no passes
Individual
$240 & 10 passes
$240 no passes
Senior Citizen
$100 & 10 passes
$100 no passes
DAILY ADMISSION PASSES
Everyone must provide proper
identification
Monday – Friday
Weekends/Holidays
Resident Nonresident Resident Nonresident
All ages before
All ages after
Groups – 20 or more* $ 5 $ 5
FURTHER BE IT RESOLVED that this Ordinance shall become effective immediately after final adoption and publication in accordance with the law.
YES:
Anesh, Bengivenga Buteas, McConville, Rusnak, and
Clerk Graf read Ordinance # 1873 by title only for introduction as follows
#1873 entitled: An ordinance adopting a codification and revision of the ordinances of the
Borough
of South Plainfield,
providing for the maintenance of said code; repealing and saving from
repeal certain ordinances not included herein; establishing a penalty for
altering or tampering with the code; and making certain changes in
previously adopted ordinances.
Mr. Bengivenga made a motion to approve Ordinance # 1873 on first reading; seconded by Mr. Salerno.
YES:
Anesh, Bengivenga Buteas, McConville, Rusnak, and
Clerk Graf read Ordinance # 1874 by title only for introduction as follows
#1874
entitled: An ordinance amending Chapter 136 of
the Code of the Borough of South
for the Borough of South Plainfield, County of
Middlesex, State of
Mr. Bengivenga made a motion to approve Ordinance # 1873 on first reading; seconded by Mr. Salerno.
YES:
Anesh, Bengivenga Buteas, McConville, Rusnak, and
On the motion of
Mr. Salerno and seconded by Mr. Bengivenga, it was moved to adopt the following
Resolutions which all begin with BE IT RESOLVED BY
THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD,
#10-018
WHEREAS, the resolution designating the 2010 Borough Holidays
(#12-4) inadvertently omitted New Year’s Day from the list due to the fact that
NewYear’s 2011 falls on a Saturday; and
WHEREAS, it is the Borough’s policy that when a holiday
falls on a Saturday, employees receive the Friday prior as the official holiday;
NOW, THEREFORE, Resolution # 12-4 is hereby amended to reflect
the inclusion of
#10-019
WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have
overpaid their taxes and have requested refunds:
OWNER/ADDRESS
Block 270,
Elizabeth Ann Pender
$850.00
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#10-020
WHEREAS, the Borough of South Plainfield is desirous of renewing
an Interlocal Services Agreement with the Township of Woodbridge (the
“Township”) for the provision of an industrial wastewater sampling program; and
WHEREAS, the Borough of South Plainfield has a need for these
services and it would serve the best interests of each of the communities to enter into
this agreement; and
WHEREAS,
NOW, THEREFORE, be it resolved by the Governing Body of the Borough of
South Plainfield that:
1.
Pursuant to the authority
provided by the Municipal Interlocal Services Act, N.J.S.A. 40:8-1 et seq.,
the Borough of South Plainfield deems it to be in the public interest to enter into an
Interlocal Services Agreement with the
2. The Mayor and
the Municipal Clerk of the Borough of South Plainfield are
authorized and directed to execute and attest,
respectively, on behalf of the
Borough of
for said services to the Borough.
of two (2) years
commencing
2011.
manpower,
materials and equipment for industrial wastewater sampling and
analysis. It shall be set forth that the total cost for said services shall not
exceed
according to
law.
#10-021
Robert
Spiegel, Director of the Edison Wetlands Association is hereby approved as the EWA
representative to the Dismal Swamp Preservation Commission pursuant to N.J.S.A.40:55D-88.4.
#10-022
Authorization is hereby granted for Borough
Engineer, T & M Associates, to provide research and bid design for the Borough’s
Curbside Recycling as well as the operation of the
#10-024
WHEREAS, the Borough Council has stated their desire to form a
Special By-Laws Review Committee to consider amendments to the current By-Laws; and
WHEREAS, pursuant to Article VIII, Section 1 of the by-Laws of
the Borough of South Plainfield, the Council President shall appoint three Council
members to serve on a By-Laws Committee to
review and recommend changes to the Borough’s By-Laws; and
NOW,
THEREFORE, BE IT RESOLVED by the
the
By-Laws Review Committee is hereby established and the Committee shall present its
recommendations to the governing body at a regular meeting of the common Council for
further action.
#10-025
authorization
is hereby given to waive the Fire Permit fee of $42.00 for the South Plainfield
Football Eagles Awards Party to be held on
#10-026
WHEREAS, the New Jersey Department of Transportation (NJDOT) is accepting applications for Municipal Aid projects, and NJDOT will provide financial assistance to municipalities for transportation infrastructure improvements which are selected through the grant application process; and
WHEREAS,
NOW, THEREFORE, BE IT RESOLVED that the South Plainfield Borough Council formally
approves the grant application for the above stated project.
BE IT FURTHER RESOLVED, that the Mayor and Borough Council are hereby
authorized to submit an electronic grant application identified as MA-2010-South
Plainfield Borough-00614 to the New Jersey Dept. of Transportation on behalf of the
Borough of South Plainfield.
BE IT FURTHER RESOLVED, that the Mayor and Borough Council are hereby
authorized to sign the grant agreement on behalf of the Borough of South Plainfield and
that their signatures constitute acceptance of the terms and conditions of the grant
agreement
and
approve the execution of the grant agreement.
#10-027
WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have
overpaid their taxes and have requested refunds:
OWNER/ADDRESS
Block 528,
Parijat Sinha
$1255.15
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#10-028
WHEREAS, the following list of taxpayers have
filed appeals with the Middlesex Tax Court
and have received judgments reducing their assessments:
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that the following appeals be refunded.
OWNER/ADDRESS
BLOCK
George Zereconski 84 10 2009 $2007.20
Total
$2007.20
*
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#10-029
WHEREAS, in January, 2008, the Mayor and Council of the Borough of South Plainfield established an Ad Hoc Committee to investigate the Helen Street project and viable options for diverting the truck routes within the Borough of South Plainfield; and
WHEREAS, the Alternate Truck Route Ad Hoc Committee conducted monthly meetings and did extensive research in an effort to determine the most effective and environmentally friendly alternative to the present truck route; and
WHEREAS, after 18 months of meetings, research and analysis, the Ad Hoc Committee submitted their final recommendation to the Mayor and Council which was approved for further action; and
WHEREAS, in June, 2009 Mayor Butrico, the Borough’s project Engineer and Committee members held a Pre-Application meeting with the Section Chief, Bureau of Land Use Regulations of NJ DEP followed by the submission of several requested documents including a project synopsis report, an updated traffic report and a conceptual design with a summary report in August, 2009;
WHEREAS, to date, the Department of Environmental Protection has not provided comment on the Borough’s August submissions or given any direction to assist the Borough in preparing the two necessary permit applications necessary to move the proposed alternate truck route forward;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of South
Plainfield as follows:
1. The establishment of an alternate truck route represents
a most compelling public need for the residents and businesses of the Borough, worthy of
the NJ DEP’s immediate attention;
2. The Ad Hoc Committee has met all the requests and
requirements of the NJ DEP and are
poised to make application for the two required permits
– a Wetlands Individual Permit and a Major Flood Hazard Area Permit, pending further
comments and guidance on regulatory interpretation from DEP;
3. The Borough of South Plainfield has made every effort to address the environmental
issues concerning the current and potential roadway projects and to design an
alternate route that will assist in improving the quality of life for everyone
in the borough;
4. The Governing Body and the Ad Hoc Committee strongly
urge the Division of Land Use
Regulation to respond to
the Borough on the proposed project and provide the needed
direction that the Borough
has requested in a timely manner.
#10-030
WHEREAS, pursuant to P.L. 2009, CHAPTER 132, by authorizing resolution of the governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County, the Dismal Swamp Preservation Commission has been established; and
WHEREAS, the three municipalities are authorized to approve the
appointment of the two members to represent
WHEREAS, the Middlesex County
Board of
NOW, THEREFORE, BE IT RESOLVED the
Mayor and Council of the Borough of South Plainfield does hereby approve the nomination of
Freeholder Carol Barrett and Dunellen Mayor Robert J. Seader for appointment to the
Dismal Swamp Preservation Commission as the representative from
#10-031
WHEREAS, the Borough Attorney and the law firm of DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis & Lehrer, P.C., have a potential conflict, and cannot represent the Borough of South Plainfield in connection with the pending tax appeal filed by Commerce Bank; and
WHEREAS, Emil
H. Philibosian, Esq., and the law firm of Hoagland, Longo, Moran, Dunst
and Doukas has
experience in representing municipalities in connection with tax appeals; and
WHEREAS, the Local Public Contracts Law N.J.S.A.. 40A: 11-1 et seq., more specifically N.J.S.A. 40A:11-5, allows for the awarding of a contract for "Professional Services" without public advertising for bids; and
WHEREAS, prior to
the execution of a contract, Emil H. Philibosian, Esq., will have
completed
and submitted a Business Entity Disclosure Certification which certifies that no
individual
with a 10% interest or larger
in of Hoagland, Longo, Moran, Dunst and Doukas.,
has made any
reportable contributions to a political or candidate committee in the Borough
Council of the
Borough of South Plainfield in the previous year, and that the contract will
prohibit an
individual with a 10% interest or larger in of Hoagland, Longo, Moran, Dunst and
Doukas., from
making any reportable contributions through the term of the contract, pursuant
to N.J.S.A.
19:44A-20.4, et seq; and
WHEREAS, this contract was not awarded through a “fair and open process” pursuant to N.J.S.A. 19:44A-20.4, et seq.; and
WHEREAS, compensation for the professional services shall be at a rate of $135 per hour for all attorneys, plus reasonable expenses and costs; and
WHEREAS, the Borough Council feels that it is
in the best interest of the Borough of South
Philibosian,
Esq., and the law firm of Hoagland, Longo, Moran, Dunst and Doukas, 40
Commerce Bank
Tax Appeal.
NOW, THEREFORE, BE IT RESOLVED by the Borough
Council of the Borough of South Plainfield,
1. The Mayor
and Borough Clerk are hereby authorized and directed to execute the Contract
for Professional Services with
Emil H. Philibosian, Esq., and the law firm of Hoagland,
Longo, Moran, Dunst and Doukas., to represent the Borough as special counsel for the
Commerce Bank Tax Appeal. case
2.
The Contract is awarded without competitive
bidding as a "professional service" under the
provisions of the
Local Public Contracts Law, more specifically N.J.S.A. 40A:11-5, because
the services in question
are of a specialized, technical and professional nature.
3.
Any modification to the Contract shall be in
writing and signed by both parties, and upon obtaining said signatures shall immediately
become a part of the contract.
4.
The Borough of South Plainfield may, upon ten
(10) days written notice, and without cause, terminate the Contract.
5.
The Contract shall, for all purposes, be
deemed a New Jersey Contract and any provisions of the Contract shall be governed and
interpreted according to the Laws of the State of
6.
The contractor shall report directly to the
Borough Administrator, who will be the chief contact with the Borough of South Plainfield.
BE IT FURTHER RESOLVED by the Borough Council of the Borough of South Plainfield that a copy of this Resolution shall be published in the official newspaper within 10 days of its passage, as required by law, and shall be on file and available for public inspection in the office of the South Plainfield Municipal Clerk, South Plainfield Borough Municipal Building, 2480 Plainfield Avenue, South Plainfield, New Jersey 07080.
#10-032
WHEREAS, Ordinance # 1871 established the funding for the pu
WHEREAS, the Chief Financial Officer has verified that funds
are available in account # C-04-55-910-002-901; and
WHEREAS, the Borough will pu
NOW, THEREFORE, BE IT RESOLVED that the pu
YES:
Anesh, Bengivenga Buteas, McConville, Rusnak, and
Mr. Anesh made a motion to approve Resolutions # 10-014A, 10-015A and 10-023, seconded by Mr. Bengivenga as follows:
#10-014A
the
Mayor and Municipal Clerk are hereby authorized to execute a Professional Service
Agreement
with Joseph Glowacki as a Consultant to the Dept. of Public Works to assist in the departmental transition, beginning
#10-015A
Authorization
is hereby granted for the hiring of Paul Brand as a part time Mechanic for the Dept. of
Public Works, beginning
#10-023
WHEREAS, pursuant to P.L. 2009, CHAPTER 132, by authorizing resolution of the governing bodies of Edison Township, Metuchen Borough, and South Plainfield Borough, respectively, in Middlesex County, the Dismal Swamp Preservation Commission has been established; and
WHEREAS, each municipality’s governing body are authorized to appoint two members to the Commission to represent their for a term of five years; and
WHEREAS, the Commission shall
review and approve, reject or modify all applications for development within the
NOW, THEREFORE, BE IT RESOLVED by the
1- Dorothy Miele,
2- Peter Smith,
are
hereby appointed to represent the Borough of South Plainfield on the Dismal Swamp
Preservation Commission for a five year term; said term to expire
YES:
Anesh, Bengivenga, McConville, Rusnak
NO: Buteas,
Mr. Anesh made a motion to approve Resolutions # 10-017, seconded by Mr. Bengivenga as follows:
#10-017
Scott
Smith is hereby hired for the position of Laborer I with the Dept. of Public Works, at a
rate of $15.00 per hour, effective
YES:
Anesh, Bengivenga, McConville, Rusnak
ABSTAIN: Buteas,
Turning to Reports, Ms. Graf reminded the Mayor and Council that recent legislation requires municipalities to appoint a Purchasing Agent by the end of 2010. She also asked if any Council members wanted a hard copy of the new Code.
Borough Engineer Len Miller reported on the
review of Recycling operations and also on the
Mr. Cullen asked for ideas on possible redesigning the bulk pick up program. He also reported that he received an appraisal on the DARE building of $116,000. He asked the Council to advise on whether they wish to proceed on this matter.
Mr. Bengivenga commented on Monday evening’s Cultural Diversity event and how very interesting and entertaining it was.
Ms. Buteas commended everyone involved with the
H1N1 Clinic held at the
Also, thanks to Robach Asso for becoming an
Adopt a Spot sponsor at
Mr. McConville reminded the public that the
Rabies Clinic would be held on Saturday, Jan. 23rd from
Mr. Rusnak reported on the Borough
Attorney’s response to his question on the use of the pool by non-residents. It has been referred to Recreation and that group
will monitor usage and consider the request in the future.
Mr. Rusnak also reported that the Library Board is planning to move to new
facilities at
Mr. Salerno reported progress.
Mr. Anesh thanked the Health and OEM officials for the success of the H1N1 Clinic. He reported that Traffic Safety Advisory would meet on Weds. Jan. 27th. He also reported that he expects to meet with the Engineer and the Chief and Traffic Safety Staff to develop formal procedures for requesting a street to be evaluated for Safe Streets, Safe Kids program. Mr. Anesh announced that the EMS Officers will be swore in at the February 1st Council meeting.
Regarding
The committee will work with the Borough Attorney to review and update the By Laws. Finally, Mr. Anesh requested the formation of another special committee dealing with the issue of COAH.
Mayor Butrico stated his disappointment in the
passage of Resolution # 10-023. He
acknowledged the work of Elaine & Bill Tuthill in
Mayor Butrico opened the meeting for public comment.
Joe Scrudato asked if there was a street repair
list for 2010. He was told that the 2009 list
will be revisited since no streets were paved in 2009.
Mr. Scrudato also asked about the progress of the
Jake Cataldo commented on spending and pointed out engineering expenses and police equipment purchases in 2009.
Mr. Bengivenga asked Sgt. Foran about the cost of furniture in the equipment purchase. Sgt. Foran clarified the costing.
Frank Mikorski spoke about the reported $7.2
million in Board of Ed Surplus and Reserve accounts. He
felt that the excess surplus should be returned to the taxpayers. Next he asked the cost of the
Debbie Boyle addressed several issued related to Board of Education finances and the Shared Services Committee and emphasized that the Board and Council members work well and without politics. She also noted the Board would be able to provide space for DARE should they need it.
Mayor Butrico closed the public portion of the meeting.
Mr. Salerno made a motion to adjourn; seconded by Mr. Rusnak.
Respectfully submitted,
Joann L. Graf, RMC
Municipal Clerk