Minutes from the March 1, 2010 Public Meeting                               

of the South Plainfield Mayor and Council

The meeting was called to order at 8:10 pm by Mayor Butrico 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: Anesh, Buteas, McConville, and Salerno.  Mr. Bengivenga was out of state and Mr. Rusnak had a family emergency.

After the Pledge of Allegiance, the Invocation was offered by Mayor Butrico.

Mayor Butrico issued three (3) Proclamations:

           Red Cross Month

           Girl Scouts Week, March 7 – 13, 2010

           Autism Awareness Month – April 2010

Ms. Buteas made a motion to accept the minutes of February 16, 2010 Agenda & Public meetings and the CDBG Public Hearing; seconded by Mr. Salerno.

YES: Anesh, Buteas, McConville, Salerno     MOTION CARRIED

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

Jeffrey Williams expressed his approval of the Council’s action in regard to the executive order.

Frank Mikorski asked for greater financial details related to Ordinances 1877 and 1878 and also asked about the rates the borough would experience with the refinancing.  Mr. Cullen responded.

Mayor Butrico closed the public portion of the meeting and called for the introduction of Ordinance # 1876.

Clerk Graf read Ordinance # 1876 by title only on First Reading for introduction as follows:

#1876 entitled: An ordinance appropriating $111,609.00 for the remedial investigation of

Block 315, Lots 34, 42, and 43 and Block 316, Lot 1 (Suburban Transit    

property) within the Borough of South Plainfield, County of Middlesex,

 State of New Jersey

Ms. Buteas made a motion to adopt Ordinance #1876 on introduction; seconded by Mr. McConville

YES: Anesh, Buteas, McConville, Salerno     MOTION CARRIED

Clerk Graf read Ordinance # 1877 by title only on First Reading for introduction as follows:

#1877 entitled: Refunding bond ordinance of the Borough of South Plainfield, in the County

of Middlesex, New Jersey providing for the current refunding of certain  

sewer utility bonds, series 1999, appropriating $2,350,000 therefore and

                 authorizing the issuance of $2,350,000 sewer utility refunding bonds of the

 borough for financing the cost thereof.

Mr. Anesh made a motion to adopt Ordinance #1877 on introduction; seconded by Mr.  McConville.

YES: Anesh, Buteas, McConville, Salerno     MOTION CARRIED

Clerk Graf read Ordinance # 1878 by title only on First Reading for introduction as follows:

#1878 entitled: Refunding bond ordinance of the Borough of South Plainfield, in the

 County of Middlesex, New Jersey providing for the current refunding of

 certain general obligation refunding bonds, series 1998 and certain

                 general improvement bonds, series 1999, appropriating $1,880,000 therefore

 and authorizing the issuance of $1,880,000 general improvement refunding

 bonds of the borough for financing the cost thereof.

Mr. Anesh made a motion to adopt Ordinance #1878 on introduction; seconded by Mr. McConville.

YES: Anesh, Buteas, McConville, Salerno     MOTION CARRIED

Mr. Anesh asked to have a separate vote on Resolution 10-051.

Mr. McConville stated that he did not favor the language of 10-051 and asked to amend the wording prior to a vote.  He asked that the Council work in a Bi-Partisan way to re-word the resolution.  Mayor Butrico pointed out that this resolution had already been discussed and the version was decided already.

Mr. Anesh made a motion to amend 10-051B to include the language that he proposed earlier; seconded by Mr. McConville, as follows:

#10-051

WHEREAS, Governor Christie and the State of New Jersey were faced with an unprecedented financial crisis and, given the lack of legislative action, the Governor had no choice but to find ways to cut the state’s 2009-2010 budget at a point where the state was nearly two-thirds of the way through its fiscal year; and

WHEREAS, in December 2009 then-Governor Jon Corzine suggested reducing state aid to school districts with more than a two percent budget surplus; and

WHEREAS, Governor Christie has followed this suggestion and has by executive order reduced state aid to school districts by the amount of their excess surplus, plus 25% of the amount in certain reserve accounts; and

WHEREAS, Governor Christie’s Executive Order to reduce state aid to school districts with a surplus in excess of 2% of their total budget will result in a reduction of state aid of approximately $1.6 million to the South Plainfield School District and 

WHEREAS, by reducing state aid to offset this surplus, the Governor effectively is increasing South Plainfield’s property taxes by $1.6 million which equates to almost 12 tax points and

WHEREAS, the effect of the Governor’s Executive Order is to balance the State budget with funds raised from local property taxpayers;

NOW, THEREFORE, BE IT RESOLVED THAT this Mayor and Council ask that Governor Christie reverse his decision to reduce state aid to the South Plainfield School District by $1.6 million.

BE IT FURTHER RESOLVED, that in the event the Governor refuses to reverse his Executive Order then the South Plainfield Board of Education should institute whatever action is available under the laws of the State of New Jersey including but not limited to instituting litigation in order to restore the $1.6 million dollars taken from the property tax of South Plainfield residents.

YES:  McConville, Salerno, Anesh

NO:   Buteas                                                               MOTION CARRIED

Mr. Salerno made a motion to approve Resolutions 10-052 through 10-067 as consent items all of which begin with BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY THAT

#10-052

WHEREAS, Fiber Technologies Network, LLC (“Fibertech”), a New York Limited Liability Corporation company, with offices located at 300 Meridian Centre, Rochester, NY, is authorized to conduct business in New Jersey under the authority of a certificate  of public convenience and necessity issued by NJBPU on September 14, 2005, Docket # TE05080683; and

WHEREAS, Fibertech has requested the consent of the Borough of South Plainfield to occupy public rights-of-way in order to provide local exchange and interexchange telecommunications services within the Borough of South Plainfield; and

WHEREAS, Fibertech proposes to place telecommunication facilities aerially on existing utility poles on in underground conduit in the Public-Right-of-Way within the Borough for the purpose of owning, constructing, installing, operating, repairing and maintaining a telecommunications system; and

WHEREAS, Fibertech has provided the Borough of South Plainfield with a copy of a License Agreement between Fibertech and Verizon New Jersey Inc. to allow the placement and maintenance of aerial and underground cables, equipment and facilities on Poles and in Conduits or Rights of Way of VERIZON; and

WHEREAS, it is in the best interest of the municipality and its residents to promote competition in the telecommunications market and for the Borough to grant consent to Fibertech to occupy said Public-Right-of-Way within the Borough of South Plainfield; and

WHEREAS, the granting of such consent is and shall be conditioned upon Fibertech’s continued compliance with all existing and future ordinances of the Borough of South Plainfield and its entering into a written agreement with the borough to, inter alia, indemnify and hold the Borough of South Plainfield harmless as to all claims and liability resulting from any injury or damage which may arise from the constructing, installing, operating, repairing and maintaining of its telecommunications system; and

WHEREAS, the consent granted herein is for the non-exclusive use of the Public-Right-of-Way within the Borough for the purpose of owning, constructing, installing, operating, repairing and maintaining a telecommunications system;

#10-053

WHEREAS, the local temporary capital budget for the CY 2010 was approved on January 4, 2010; and

WHEREAS, it is the desire of the Mayor and Council to amend said temporary capital budget section, to include the Remedial Investigation of the former Suburban Bus Co. property, said project to include investigation and testing of ground, soil and water contamination, installation of monitoring wells, vapor testing and sampling and reporting; and

WHEREAS, the maximum estimated cost for said remediation is $111,609.00 and a grant in the amount of $111,609.00 has been approved by NJDEP from the Hazardous Discharge Site Remediation Fund for said remediation;

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex that the following amendment to the temporary capital budget herein appended be made.

BE IT FURTHER RESOLVED that two certified copies of this resolution be filed forthwith in the office of the Director of the Division of Local Government Services.

#10-054

Authorization is hereby granted for the Borough’s Environmental Engineer, Maser Consulting of 331 Newman Springs Road, Red Bank, NJ  07701  to perform engineering services associated with the remedial investigation of the former Suburban Transit Bus Co. site.  The cost of said services shall not exceed $111,609.00 and shall be funded through a NJ DEP grant from the Hazardous Discharge Site Remediation Fund.

#10-055

authorization is hereby given to waive the applicable borough fees (excluding electrical) for the 2010 Feast of St. Anthony at Our Lady of Czestochowa, June 1 through 5, 2010 and to allow  the hanging of street banners at 3 central locations.

#10-056

WHEREAS, a need exists to supplement the workforce of the Department of Public Works during the winter months for snow removal efforts; and

WHEREAS, winter seasonal employees shall be hired as temporary, per diem employees who are paid on an hourly basis and shall be given work assignments at the discretion and the direction of the Borough Administrator or his delegate; and

WHEREAS, the term "per diem" is intended to encompass those municipal employees whose compensation is predicated upon a seasonal hourly basis of payment, exclusive of benefits, as follows:

·         Truck Driver ( CDL License required )              $30.00 per hour

·         Snow Shoveling or Snow Blower manpower      $15.00 per hour

·         Vendor with own snow blower                        $20.00 per hour

NOW THEREFORE BE IT RESOLVED that authorization is hereby granted to add to the existing list of Per Diem seasonal employees in the Department of Public Works for the purpose of borough-wide snow removal; said employees to work at the direction of the Administrator for the title and rate indicated

#10-057

WHEREAS, pursuant to N.J.S.A. 40A:2-51, the Borough of South Plainfield (the “Borough”) desires to make application to the Local Finance Board for its approval to adopt the following entitled refunding bond ordinances:

Refunding Bond Ordinance of the Borough of South Plainfield, in the County of Middlesex, New Jersey Providing for the Current Refunding of Certain General Obligation Refunding Bonds, Series 1998 and Certain General Improvement Bonds, Series 1999, Appropriating $1,880,000 Therefor and Authorizing the Issuance of $1,880,000 General Improvement Refunding Bonds of the Borough for Financing the Cost Thereof; and

Refunding Bond Ordinance of the Borough of South Plainfield, in the County of Middlesex, New Jersey Providing for the Current Refunding of Sewer Utility Bonds, Series 1999, Appropriating $2,350,000 Therefor and Authorizing the Issuance of $2,350,000 Sewer Utility Refunding Bonds of the Borough for Financing the Cost Thereof;       

WHEREAS, the Borough believes that:

(a)        it is in the public interest to accomplish such purpose;

(b)        said purpose is for the health, welfare, convenience or betterment of the inhabitants of the Borough;

(c)        the amounts to be expended for said purpose are not unreasonable or exorbitant;

(d)        the proposal is an efficient and feasible means of providing services for the needs of the inhabitants of the Borough and will not create an undue financial burden to be placed upon the Borough;

NOW THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY as follows:

Section 1.         The application to the Local Finance Board is hereby approved, and the Borough's Bond Counsel, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.

Section 2.         The Clerk of the Borough is hereby directed to prepare and file a copy of the introduced bond ordinances and this resolution and any other appropriate actions with the Local Finance Board as part of such application.

Section 3.         The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute.

#10-058

the Mayor and Municipal Clerk are hereby authorized to execute a service agreement between the Borough of South Plainfield and Rocko Casioro to provide snow removal services for the 2010 winter season per the bid specifications.

#10-059

authorization is hereby given to waive the Fire Permit fee of $42.00 for the South Plainfield Lions Club annual Gourmet Breakfast to be held on Sunday, March 28^th from 6am to 1pm at South Plainfield High School cafeteria.

#10-060

the resignation of Linda Zushma as Municipal Housing Liaison is   hereby accepted effective March 1, 2010.

#10-061

the position of part time Fire Prevention Specialist is hereby eliminated

#10-062

Donald Diegnan is hereby hired to provide professional services including the telephone switch, radio tie lines, intercom and various other telecommunication items at a cost not to exceed $6,000.00.

#10-063

WHEREAS, the Borough of South Plainfield wishes to apply to Middlesex County Housing and Community Development Agency for discretionary aid; and

WHEREAS, the Borough’s Citizen Advisory Committee met to discuss possible uses of the 2010 CDBG funding; and

WHEREAS, the Governing Body of the Borough of South Plainfield held a public hearing on February 16, 2010 to elicit input from borough residents on the best uses for the 2010 CDBG;   

NOW, THEREFORE BE IT RESOLVED that the Mayor and Council of the Borough of South Plainfield do hereby make application to Middlesex County Housing and Community Development for discretionary aid to be used for the following proposed uses:

    1. Senior Citizen Coordinator salary - $12,000

    2. Insulate Senior Center auditorium - cinder block wall and doors 

    3 Install ADA accessible doors at main entrance to the Municipal Building

    4. Replace park equipment at Shadyside Park with handicap accessible items

    5. Continue the ADA Curb and handicap ramp program

BE IT FURTHER RESOLVED that a certified copy of this resolution will be forwarded to the Director of the Middlesex County Housing and Community Development Agency.

#10-064

Marie Dudek is hereby appointed Secretary to the Mayor at an annual salary of $1567.00,

effective March 1, 2010.

#10-065

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 CY2010 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.

#10-066

WHEREAS, the Middlesex County Board of Chosen Freeholders has announced that it is considering a one-year, one-third reduction to the County’s open-space tax, which would reduce taxes to Middlesex County residents by $11,336,000; and

WHEREAS, over the past year other counties have offered similar tax reductions to residents as a means of affording economic relief; and

WHEREAS, South Plainfield residents would welcome a one-time tax reduction, especially when, according to county officials, doing so will not reduce the County’s 2010 commitment to open space.

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield supports the County’s effort to reduce taxes during this economic downturn and encourages the County to use this and other means to reduce the tax burden on South Plainfield residents. 

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the Clerk of the Middlesex County Board of Chosen Freeholders and all its members. 

#10-067

WHEREAS, the South Plainfield Borough Tax Map is in need of revision and updating to reflect the numerous changes that have occurred since it’s last publication in 2000; and

WHEREAS, the Borough’s Engineers, T & M Associates has submitted a proposal outlining the scope of work and cost to revise and update said Tax Map;

NOW, THEREFORE BE IT RESOLVED that T & M Associates is hereby authorized to perform revisions and updates to the Borough Tax Map in accordance with the changes compiled by the Borough Tax Assessor, at a cost not to exceed $7,000.00.

YES:  Buteas, McConville, Salerno, Anesh              MOTION CARRIED

Ms. Buteas made a motion to accept the list of Correspondence as indicated below; seconded by Mr. Salerno:

1. Ad Hoc Committee Minutes – January, 2010
2. PSE&G – light fixture replacement proposal
3. Senator Bob Smith – reply to Ad Hoc Committee’s letter
4. Middlesex County Solid Waste Mgt. – Public Hearing Announcement   
   for March 3, 2010 at 2pm on Solid Waste Plan Amendment 2009-1

    5 Letters opposing legislation amending the “Time of Decision Rule”
       A-4 and S-82
    6.Dunellen – Resolution opposing the adoption of P.L. 2009, c.118 which would
      expand a program which assigns responsibility to the County for tax assessment
      and valuation duties of  its municipalities.

    7. Recycling Departmental Report – January 2010

8. Metuchen – Notice of approval of DSPC members

9. Verizon FIOS – Notice of channel changes

    10.Borough of Sayreville - Resolution opposing the adoption of P.L. 2009, c.118 which          would expand a program which assigns responsibility to the County for tax
        assessment and valuation duties of  its municipalities.                        

11.    So. Plainfield Board of Ed – Copy of Resolution regarding Governor’s Executive
Order for Reduction of State Aid and request to adopt same

YES:  Buteas, McConville, Salerno, Anesh              MOTION CARRIED

Mr. Salerno made a motion to approve the Payment of bills; seconded by Ms. Buteas as summarized below:

         Current Fund - $254,360.36

         Sewer Utility Operating Fund  -  $47,072.72

Current Fund  (9-01)  - $39,262.24

        General Capital - $109,970.24

         Grant Fund - $445.00

        Treasurers Trust - $4,248.60

         Recreation Trust - $3,689.60

       TOTAL OF ALL FUNDS - $459,048.76

YES:  Buteas, McConville, Salerno, Anesh              MOTION CARRIED

Turning to reports, Borough Engineer Len Miller gave a summary report on the Recycling bids results.  The governing body will review the details of the report and advise a decision at a future meeting.  Mr. Cullen added further detail to Mr. Miller’s report dealing with the cost savings which would be the impetus to switch from the county service to our own program.

CFO  Glenn Cullen reported on the status of repairs at the Borough’s baseball fields after the snow storm damage.  He also reported on the most recent snow removal costs. Mr. Cullen also reported that the Energy audit should be completed by week’s end.

Borough Attorney Paul Rizzo advised the Council on two pending ordinances dealing with street vacations and also a major revision of the Borough’s Alarm ordinance.  Both should be ready for the next Council meeting.

Ms. Buteas reported on the progress of Wood Brook Advisory Committee meeting with EPA that was held last week.  She announced that the annual borough Letter Clean up is scheduled for April 17 – 24, 2010.  She commended and thanked DPW and borough staff for yet another great job with the snow removal. Ms. Buteas announced that, in honor of Women’s History Month, she would be sponsoring an Essay Contest among the borough high school students.

Mr. McConville expressed his support of a resolution on Women’s History Month.  Regarding the snow removal, Mr. McConville commented on his first hand experience from riding with the men this past storm.  He stressed the importance of residents getting their cars off the road so that the plows can make clean passes on all the borough roads, especially the dead ends.   He also announced that DPW would hold an Open House at the Garage in april to allow residents to see what DPW is all about.

Mr. Anesh announced that the fire Dept. would sponsor a Taste of South Plainfield event on April 17^th at the Senior Center.  The cost is $30.00.   He also commented on the DARE Graduations held at Sacred Heart and Grant Schools and congratulated the students and the DARE staff.   He reported that the Traffic Safety Advisory Commission’s work on the Speed Hump Policy is progressing.  He also added that a ban on parking on all borough streets when snow covered will be considered.

Mayor Butrico asked Mr. Cullen when we might expect the budget to be introduced.  Mr. cullen replied that the filing date was extended pending the Governor’s budget which is expected on March 16^th.

Mayor Butrico reported that he attended the opening of the new Walgreens at Middlesex Mall and also the 50^th Anniversary of Wesley Methodist Church.  He advised Mr. Mikorski that the Borough is looking to establish a discounted rate for the OLC Feast.  The Mayor also offered his thanks to DPW on their excellent efforts on the last snow storm.  He pointed out how much better our roads were compared to neighboring towns.

Mr. Cullen added another item for his report stating that PSE & G has proposed switching the old vapor lights for new induction lighting.  He is looking for direction from the council on this request.

Mayor Butrico opened the meeting for the Public to comment.

Debbie Boyle commented on the Board of Education’s first Budget Workshop.  She announced that the Education Asso. would be holding a Wine Tasting on May 7^th and an Art Auction will be held on April 30^th by the SPHS Alumni.

Frank Mikorski thanked the Mayor for the Borough’s help and consideration with the cost of security at the OLC Feast. Regarding the budget process, he suggested that we keep working to find cost savings measures.  He also noted with disappointment the announcement of the closing of Sears Essentials at Middlesex Mall.

Larry Moselski from Selene Avenue asked about the borough’s ordinance on removing snow on sidewalks.   He noted the difficulty with plowed corners and the piles that block sidewalks. He asked about liability.

Mayor Butrico agreed that the Borough should review the entire ordinance to improve the policy and address the questioned raised

Mayor Butrico closed the public portion and the council moved into executive session.

Upon their return, Mayor Butrico announced that no business resulted from the discussion.

Mr. Salerno made a motion to adjourn; seconded by Ms. Buteas.

Respectfully Submitted,

Joann L. Graf, RMC

Joann L. Graf. RMC

Municipal Clerk