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Minutes from the March 15, 2010 Public Meeting                             

of the South Plainfield Mayor and Council

The meeting was called to order at 7:20pm 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, Bengivenga, Buteas, McConville, Rusnak, and Salerno.

Mayor Butrico issued a Proclamation honoring Women’s History Month in the Borough.

Ms. Buteas offered a correction to the March 1^st minutes wherein, the final vote on Resolution 10-051 dealing with the Governor’s cut of School Aid, was a unanimous vote in favor of the final version of the resolution.

Ms. Buteas made a motion to accept the minutes of March 1,2010 Agenda meeting , Public meeting with the correction and the Executive meetings; seconded by Mr. Anesh.

YES:            Anesh, Buteas, McConville, Salerno    

ABSTAIN:  Bengivenga, Rusnak                                                     MOTION CARRIED

Mayor Butrico opened the meeting for Public comment.

Frank Mikorski of Crown Lane asked about the purpose of Ordinance # 1876.  He asked about the three street vacations which Mayor Butrico clarified for him.  Next he asked about Ordinance 1884 and the assessed value / minimum bid.  Mayor Butrico asked the Attorney for a legal opinion the establishment of the minimum bid.  Mayor Butrico asked to have #1884 amended to show a minimum bid of $546,000 for the combined lots.  So moved by Mr. Salerno and seconded by Mr. Bengivenga.  Unanimously approved.

Companion Resolution #10-074 to Ordinance 1884 was also amended to reflect the changes requested.  Motion was made by Mr. Bengivenga and seconded by Mr. Salerno and approved unanimously

Mr. Mikorski asked about the Correspondence from the DOT seeking to know what portion of New Market Ave would be paved.

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

Clerk Graf read Ordinance # 1876 by title only for Public Hearing and final adoption.

#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

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1876.

Mr. Bengivenga made a motion to adopt Ordinance # 1876; seconded by Mr. Salerno.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1875 by title only on first reading for introduction.  This Ordinance had been tabled for revisions.

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#1875 entitled: An ordinance authorizing fees for rental of the Senior Center and the

 adoption of policies and procedures.

Mr. Anesh made a motion to approve Ordinance # 1875 on first reading, seconded by Mr. Bengivenga.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1879 by title only on first reading for introduction as follows:

#1879 entitled: An Ordinance vacating a portion of Anthony Avenue in the Borough of

 South Plainfield, County of Middlesex, State of New Jersey

Mr. Bengivenga made a motion to adopt Ordinance # 1879 on first reading; seconded by Mr. Anesh.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1880 by title only on first reading for introduction as follows:

#1880 entitled: An Ordinance vacating a portion of Pulaski Street in the Borough of

 South Plainfield, County of Middlesex, State of New Jersey

Mr. Bengivenga made a motion to adopt Ordinance # 1880 on first reading; seconded by Mr. Salerno.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1881 by title only on first reading for introduction as follows:

#1881 entitled: An Ordinance vacating a portion of Rio Street in the Borough of

 South Plainfield, County of Middlesex, State of New Jersey

Mr. Bengivenga made a motion to adopt Ordinance # 1881 on first reading; seconded by Mr. Anesh.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1882 by title only on first reading for introduction as follows:

#1882 entitled: An Ordinance revising and amending Chapter 131, Alarm Systems, of the

 Code of the Borough of South Plainfield.

Mr. Bengivenga made a motion to adopt Ordinance # 1882 on first reading; seconded by Mr. Salerno.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Clerk Graf read Ordinance # 1883 by title only on first reading for introduction as follows:

#1883 entitled: An Ordinance amending Chapter 157 of the Code of the Borough of South

 Plainfield entitled “Sewers”

Mr. Bengivenga made a motion to adopt Ordinance # 1883 on first reading; seconded by Mr.

Rusnak.

YES: Anesh, Bengivenga, McConville, Rusnak, Salerno     

NO:   Buteas, Salerno                                                                   MOTION CARRIED

Clerk Graf read Ordinance # 1884 by title only on first reading for introduction as follows:

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#1884 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, April 5, 2010 at

7:00pm in the Council chambers of the South Plainfield Municipal building.

Mr. Bengivenga made a motion to adopt Ordinance # 1884 on first reading; seconded by Mr.

Rusnak.

YES: Anesh, Bengivenga, McConville, Rusnak, Salerno     

NO:   Buteas, Salerno                                                                   MOTION CARRIED

On the motion of Mr. Bengivenga and seconded by Mr. McConville, 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, NEW JERSEY, THAT:

#10-068          

WHEREAS, the Middlesex County Mosquito Extermination Commission has agreed to do a  stream restoration project from Franklin Avenue, north to Tompkins Avenue including excavation and grading equipment and the personnel to clean the stream; and

WHEREAS, this project will require a NJ DEP Freshwater Wetlands General Permit No. 26; which carries an application fee of $600.00; and

WHEREAS, the Borough Engineer, T & M Associates, has submitted a proposal to execute the necessary application documentation on behalf of the Borough, at a cost not to exceed $3,800.00; and

NOW, THEREFORE, BE IT RESOLVED that T & M Associates is hereby authorized to prepare the NJDEP Freshwater Wetlands General Permit application for the proposed stream restoration project described above.

#10-069           

WHEREAS, a need exists to provide excavation and general clean-up of the stream located in the Franklin Ave / Tompkins Ave area; and

WHEREAS, the Middlesex County Mosquito Extermination Commission has agreed to do a  stream restoration project from Franklin Avenue, north to Tompkins Avenue including excavation and grading equipment and the personnel to clean the stream; and

WHEREAS, the borough has authorized the Borough Engineer to execute the necessary NJ DEP Freshwater Permit application;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute an inter-local agreement between the Borough of South Plainfield and the Middlesex County Mosquito Extermination Commission for the stream restoration project described herein.

#10-070          

WHEREAS, the following list of taxpayers have filed appeals with the State 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          LOT    YEAR              AMOUNT

Hollywood Corp                                      389                 2       2009          $16,689.87     

310 Hollywood Avenue                                                         2008         $14,629.51

South Plainfield, NJ 07080

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Make check payable to:

Brach Eichler L.L.C. and Hollywood Corp.                  

101 Eisenhower Parkway                                 

Roseland, NJ 07068

Total                                                                                                                    $31,319.38   *

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South

Plainfield that the Chief Financial Officer is hereby authorized to issue a check(s) in the

amount(s) as mentioned above.

#10-071           

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

overpaid their taxes and have requested refunds:

Block 7; Lot 4                                                                                                

Jimmy T. Nguyen

1217 Foster Avenue

South Plainfield, NJ  07080

$1,194.75

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.

#10-073          

WHEREAS, Our Lady of Czestochowa will be hosting their annual Feast of St. Anthony Fair on the church grounds from May 31 to June 5, 2010; and

WHEREAS, it is the recommendation of the Traffic Safety Officer to modify the traffic flow and parking to accommodate the increased volume of vehicular and pedestrian traffic during the event; and

NOW, THEREFORE, be it resolved by the Mayor and Council of the Borough of South Plainfield that the following modifications will be in force during the period of May 31 to June 5, 2010;

1.      Tremont Ave is a one way street eastbound from Hamilton Blvd. to Garibaldi Ave

2.      Tremont Avenue has no parking on either side from Hamilton Blvd. to Garibaldi Ave

3.      Harvard Avenue has no parking on the east between Hamilton Blvd. and Garibaldi Ave

4.      Harvard Avenue has no parking on the east between Hamilton Blvd. and Pitt Street

5.  Tremont has no parking on the east between Hamilton Blvd. and Hancock Street

6.      Jackson Ave has no parking on the east between Hamilton Blvd. and Bergen Street

7.      Garibaldi Ave has no parking on the north side between Kosciuski Ave and Harvard Ave

8.      Kosciuski Ave has no parking on the east side between Hamilton Blvd. and Garibaldi

#10-074          

WHEREAS, Lots 4 and 5 in Block 273 are owned by the Borough of South Plainfield, and are not needed for public purposes; and

WHEREAS, it is in the best interests of the Borough of South Plainfield to advertise for this property for public sale to the highest bidder;

NOW, THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey, as follows:

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1.                   Lots 4 and 5, Block 273 shall be advertised for public sale pursuant to all requirements and procedures set forth in the Local Lands and Buildings Law (N.J.S.A. 40A:12-1, et seq.) subject to the following conditions 

a.     Bids shall be received by the Borough Clerk on April 5, 2010 at 7:00 p.m. at the Borough Clerk’s office, 2480 Plainfield Avenue, South Plainfield, New Jersey in the manner of a public auction in accordance with procedures to be announced by the Borough Clerk;

b.                 All bids shall be referred to the Governing Body for review and final approval pursuant to N.J.S.A. 40A:12-13A.  The Borough of South Plainfield reserves the right to accept the highest bid or to reject any and all bids, including the highest bid, and shall make its decision known by resolution within ten (10) days after bids are received;

c.                    Upon the close of bidding, the highest qualified bidder, as designated by the Borough Clerk, shall submit cash or certified check in the amount of ten percent (10%) of the bid, and shall immediately execute an offer to purchase at the bid price, which offer shall include terms and conditions specified herein.  Said offer shall be irrevocable for sixty (60) days from the date of the public sale;

d.                   Title shall be conveyed by bargain and sale deed with closing to be          arranged between the purchaser and the Borough of South Plainfield;

e.                  At closing of title, purchaser shall submit an additional sum of money equal to the costs of all advertising of the sale and the recording of the Borough’s deed;

f.                     Failure to comply with any of the above requirements or to close on or before sixty (60) days from the date of public sale shall entitle the Borough of South Plainfield to rescind the prior bid approval, terminate any and all rights of the designated bidder of said property, and retain all money theretofore deposited;

g.                 The property shall be conveyed subject to existing encumbrances, liens, zoning regulations, easements, other restrictions, such facts as an inaccurate survey would reveal any present or future assessments for the construction of improvements, benefiting such property.

#10-075           

Marie Dudek is hereby appointed to the Title of Municipal Housing Liaison at a stipend of

$2,000.00 per year, effective immediately.

#10-076           

Dorothy Paradiso is hereby appointed to the Title of Affordable Housing Trust Fund Report

Preparer at a stipend of $2,000.00, effective immediately.

#10-077           

the Mayor and Municipal Clerk are hereby authorized to execute the renewal of a

Professional  Service Agreement between the Borough of South Plainfield and

Vargo Rossi Web Designs, to provide Web Design maintenance services for the

Borough’s website, effective April 1, 2010 for a 12 month period at a cost not to

exceed $8400.00.

#10-078

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

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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.

#10-080

 Carmela Sutor is hereby hired on an as needed basis to operate the desk in the Department of Public Work’s to cover Janice Muccilli’s vacation in March 2010 at an hourly rate not to exceed $11.65.

#10-081           

 WHEREAS, the Borough is in need of Animal Control Services as of April 1, 2010, in order to provide public safety and humane control of animals within the borough; and

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WHEREAS, the Plainfield Area Humane Society, with facilities at 75 Rock Avenue, Plainfield, NJ has submitted a proposal to provide professional animal control services including the regulating, collecting, keeping for redemption or destruction of all stray animals within the municipal and for the furnishing of related services of an emergency nature; and

WHEREAS, it is the recommendation of the Borough Administrator to enter into a Professional Service agreement with the Plainfield Area Humane Society for a period of three years beginning April 1, 2010 at a cost not to exceed $40,000 per year.

NOW, THEREFORE, BE IT RESOLVED that the Mayor and Municipal Clerk are hereby authorized to execute a Professional Service Agreement between the Borough and the Plainfield Area Humane Society, to provide Animal Control Services, effective April 1, 2010 through March 31, 2013 at a cost not to exceed $40,000 per year.

#10-082           

WHEREAS, the following list of taxpayers have filed appeals with the State 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          LOT    YEAR              AMOUNT

Arbor Acres                                             468              1     2009               $3387.15       

60-64 Tyler Place                                                                2008               $2646.76

South Plainfield, NJ 07080

Make check payable to:

Arbor Acres c/o Stavitsky & Associates LLC               

341 Broad Street                                  

Clifton, NJ 07013

Total                                                                                                                         $6033.91 *

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.

#10-083          

the resignation of Senior Citizen Director Joann Graf is hereby accepted, effective March 16, 2010.

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Mr. Bengivenga made a motion to accept the Correspondence; seconded by Mr. Anesh, as follows:

1. Administration & Finance Committee to Library Board: Re – Budget cut
2. G. Cullen to PSE & G: Re: replacement of Mercury Vapor fixtures
3. CMC Joist & Deck:  Notification of intent to cease operations
4. MCIA:  Notice of 2010 Capital Equipment and Improvement Program availability
5. T & M: Stream Cleaning proposal letter
6. Township of Edison: Resolutions approving DSPC appointees for County & EWA
7. Township of Edison: Resolutions in opposition to “time of decision” legislation
8. T & M:  Notification of County’s 2009 Milling & Resurfacing plan for South Clinton Ave and also Oak Tree Road ( train bridge to Shopping Center entrance )
9. Business Advisory Group Minutes – February 3, 2010
10. So Plainfield Public Library Board Minutes: February, 2010
11. Traffic Safety Advisory Commission – January 27, 2010

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12. NJ DOT:  one fully executed Agreement awarding $365,000 for New Market Ave 2010 Aid project
13. Middlesex County Planning Board Minutes of January 12, 2010
14. Recycling Dept. Report – February 2010
15. ATC Associates:  Request for comment on 728 Clinton Ave location for a proposed
    new Wireless Tower by T-Mobil Northeast  

16. Environmental Department Report – February 2010
    17. Health Advisory Board Minutes – March 9, 2010   

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Mr. Salerno made a motion to Authorize the Payment of Bills; seconded by Mr. Bengivenga,  per the following summary:

Current Fund - $286,317.29

Sewer Utility Operating Fund  -  $915.41

        Pool Utility Operating Fund – $1,965.00

Current Fund  (9-01)  - $915.00

       General Capital - $17,352.75

        Grant Fund - $6,918.45

       Treasurers Trust - $516.63

        Recreation Trust - $4,797.60

       TOTAL OF ALL FUNDS - $319,698.13

YES: Anesh, Bengivenga, Buteas, McConville, Rusnak, Salerno      MOTION CARRIED

Borough Engineer Len Miller discussed the Recycling bids and then gave a summary review of all active projects per his written report.

Borough Administrator Glenn Cullen reported that the State budget was due to be released on March 16^th and he gave an update on the expected impact that the State budget will have on the borough’s aid and how that in turn will effect our budget.

Councilman Rusnak asked the borough Attorney for a status on the progress of JSM at West End, LLC.   Mr. Rizzo reported that he had been in contact with the property owner and spoke with the Zoning Officer who was going to issue summons.

Councilman Bengivenga announced that UNICO would sponsor a Blood Drive on April 10^th from 10am to 4pm at the Municipal Building and he encouraged participation.  He attended the American Legion St. Patricks Day event.  Mr. Bengivenga asked Mr. Miller to review the proposed parking project for the Ponytail league requested by Recreation.  Mr. Miller cited lots in Block 315 on Amboy Ave and Anthony Ave which are the closest to the ball fields.  They are part of open space so the use must be authorized but they should be useable.

Next, Mr. Bengivenga raised the possibility of dredging the lake and stream at the request of a resident. He concluded his report by announcing that he had met with Bob Speigel of the EWA to discuss the Dismal Swamp Preservation Commission and the need to delineate the meets and bounds for the borough’s designated area. 

Ms. Buteas announced upcoming events of Cultural Arts, and the Suburban Women’s Club luncheon and fashion show to benefit Autism New Jersey.

Mr. McConville announced that the annual Eastr Egg hunt is scheduled for March 27^th at Memorial Field.  He asked that the Governing Body recognize the tremendous accomplishment of the SPHS Wrestling Team for capturing the top spot in the State.  He asked to have certificates presented to each team member and coach at a public meeting in April.   Mr. McConville thanked DPW and all the volunteers who helped with the recent storm.

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Mr. Rusnak announced that the Council would hold a budget workshop next Monday, March 22^nd at 7pm and the public is welcome to attend.  Mayor Butrico advised that it will actually be a full Council meeting.

Mr. Salerno recognized the SPHS Wrestlers for their winning first place in the State for 2009-2010.

Ms. Buteas announced that she was working with Economic Development to proactively attract potential businesses to our community.

Mr. Anesh gave a report on a recent mobile motor vehicle inspection effort which was very successful garnishing 28 summons being issued including 17 failure to inspect and 4 fictitious stickers.  He announced that the Fire Dept will hold a Taste of South Plainfield fund raising event on April 17^th at the Senior Center.  Mr. Anesh congratulated the Wrestling Team on attaining their #1 status. He commended everyone who helped with the recent rain storm and flooding situation.  Mr. Anesh had a meeting with Congressman Leonard Lance and explored the possibility of Federal grants.  Congressman Lance also offered his assistance with the Truck route meeting with DEP.  He also acknowledged the DARE staff on the recent class graduations.

Mayor Butrico also congratulated Officers Franchek and Cortney for another great job with the DARE program. The Mayor acknowledged several letters from residents seeking assistance with pot holes, street signage, and a resident having problems with trucks running over her lawn.   Mayor Butrico asked that the Council discuss the McKinley Ave egress onto Durham Ave in order to address the dangerous situation there.   He suggested prohibiting left hand turns out of McKinley.

Mayor Butrico opened the meeting to the public for their comments.

Jake Cataldo commented on a recent meeting of the Library Board and was offended by the attitude of Board members.  He said he asked questions relative to their finances and surplus and was not give adequate response.   He offered a suggested on expanding the existing building rather than move it.  He asked to update the flood map to determine what can be done in this area.

Joe Scrudato asked for a status on the By Laws Committee.  He also asked for a status on the traffic light on New Market and So. Clinton at AKA.    Next he asked what the expenditures were for snow removal.

Deb Bergen asked a question regarding recycling rules and techniques including wet paper and unclean bottles/cans.

Robert Bengivenga Sr. spoke to the Council regarding the possibility of re-establishing the Special Police force to assist the community with things such as traffic control, carnivals, etc.

Anthony Barile commented on debris in the storm drains and the need to keep them clean and open especially during storms.  He also suggested dredging the brook to help with future storms.

Mayor Butrico closed the public portion.  He addressed the community in a prepared statement and announced that he would not seek re-election this November.  He cited many of the major improvements and projects accomplished during his term as Mayor and thanked the residents for the opportunity to serve South Plainfield over these many years.

Mr. Bengivenga made a motion to adjourn; seconded by Mr. Salerno.

Respectfully submitted,

Joann L. Graf

Joann L. Graf, RMC
Municipal Clerk