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Borough of South Plainfield
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Minutes from the April 4, 2011 Public Meeting
of the
The meeting was called to order at
Clerk Graf called the roll. Present were Council Members:
Mayor Anesh presented two Proclamations. The first was in honor of National Library Week,
Mr. Barletta made a motion to accept the
minutes of
YES:
Mr. Barletta made a motion to accept the
minutes of
YES:
ABSTAIN:
The Mayor opened the meeting to the Public for comments on Agenda items only. Having no comments, Mayor Anesh closed the public portion and called for Ordinance # 1921
Clerk Graf read Ordinance #1921 by title only for public hearing and final adoption as follows:
#1921 entitled: An Ordinance amending Salary Ordinance # 1777 entitled an ordinance providing for the compensation of various borough employees and the method of payment of said compensation.
BE IT ORDAINED BY
THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, COUNTRY OF MIDDLESEX, STATE OF NEW
JERSEY, THAT:
WHEREAS, the Salary Ordinance of the Borough of South Plainfield confirms the titles of officers and employees of the Borough and establishes their respective compensation, and the Ordinance remains in effect until amended or superseded; and
WHEREAS, Borough Council wishes to amend Salary Ordinance #1777 to include both a full time and part time position of Cashier; and
NOW, THEREFORE, BE IT ORDAINED, by the Borough Council of the Borough of South Plainfield as follows:
SECTION 1. The aforesaid Salary Ordinance is hereby amended and supplemented as follows:
A. The table of salaried positions in Section 1 is amended to include the position of
“Cashier, Full time” with an annual salary range of $20,020 to $30,030.
B. The ordinance is also amended to include the position of Cashier, Part time with an annual salary range of $11,440 to $17,160
SECTION 2. INCONSISTENCY – All ordinances or parts of ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency.
SECTION 3. EFFECTIVE DATE: This Ordinance shall become effective and operative ten days after publication thereof after final passage.
Mr. Barletta made a motion to adopt Ordinance # 1921, seconded by Mr. Bengivenga.
Mayor Anesh opened the public hearing on Ordinance # 1921. There were no comments
so the Mayor called for the vote.
YES:
Clerk Graf read Ordinance # 1922 by title only for public hearing and final adoption as follows:
#1922 entitled: An Ordinance vacating the borough’s authority and control over a portion
of
WHEREAS, there exists in the Borough of South Plainfield, Middlesex County, New Jersey, a street which is, in part, a “paper street” known as Dover Place as shown on the Official Tax Map of the Borough of South Plainfield; and
WHEREAS, the Borough Council has determined such property to be surplus property, and has been offered for sale to the two contiguous property owners a portion of Dover Place, which property is less than the minimum size required for development, and has no capital improvements; and
WHEREAS, one contiguous property owner, Dennis Hado, has expressed interest in purchasing the property at the previously appraised fair market value of $12,500.00, and the other contiguous property owner has not expressed any interest; and
WHEREAS, the Borough of South Plainfield desires to sell a portion of the property known as Dover Place to Dennis Hado; and
WHEREAS, N.J.S.A. 40:67-19 authorizes the Borough to release and extinguish public rights, and the rights of the Borough, arising from a dedication of the street;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and
Council of the Borough of South Plainfield,
I. The rights of the public and the Borough of South Plainfield in and to a portion of Dover Place in the confines of Block 284, Lots 19 and 25, as described more particularly in Schedule A annexed hereto and made a part hereof are hereby extinguished and vacated;
II.
At
least one week prior to the time affixed for the consideration of this Ordinance for final
passage, a copy thereof, together with a notice of the introduction thereof at a time and
place when and where the Ordinance will be further considered for final passage, should be
mailed to every person whose land may be effected by this Ordinance insofar as may be
ascertained. Said notices shall be made by the
Borough Clerk to the owners of Block 284,
III.
The Borough
Clerk shall, within 60 days of the effective date of this Ordinance, file a copy of this
Ordinance certified by her under the Seal of the Borough to be a true copy thereof,
together with proof of publication thereof in the office the Clerk of the
This Ordinance shall take effect upon final passage and publication in
accordance with
Mr. Bengivenga made a motion to adopt Ordinance # 1922, seconded by Mr. Barletta.
Mayor Anesh opened the public hearing on Ordinance # 1922. There were no comments
so the Mayor called for the vote.
YES:
Clerk Graf read Ordinance # 1923 by title only for public hearing and final adoption as follows:
#1923 entitled:
An Ordinance designating riparian
zones and providing for their regulation
within the Borough of
WHEREAS, the Middlesex County Planning Department is the lead
agency charged with writing the State mandated Wastewater Management Plan for Middlesex
County; and
WHEREAS,
the Middlesex County Planning Department has directed that all municipalities within the
County must have in effect certain ordinances in order that the New Jersey Department of
Environmental Protection adopt the Middlesex County Wastewater Management Plan; and
WHEREAS,
no public hearing can occur on the County’s Wastewater Management Plan unless the
required ordinances have been developed and reviewed by the Middlesex County Planning
Board; and
WHEREAS,
if
NOW,
THEREFORE, be it ordained by the Mayor and Council of the Borough of South Plainfield,
I.
PURPOSE
The purpose of this Ordinance is to designate riparian
zones and to provide for land use regulation therein in order to protect the streams,
lakes and other surface water bodies of the Borough of South Plainfield, and to comply
with N.J.A.C. 7:15-5.25(g)3, which requires municipalities to adopt an ordinance that
prevents new disturbance for projects or activities in riparian zones as described herein. Compliance with the riparian zone requirements of
this Ordinance does not constitute compliance with the riparian zone or buffer
requirements imposed under any other Federal, State or local statute, regulation or
ordinance.
II.
DEFINITIONS.
Acid
producing soils means soils that contain
geologic deposits of iron sulfide materials (pyrite and marcasite) which, which exposed to
oxygen from the air or from surface waters, oxidize to produce sulfuric acid. Acid producing soils, upon excavation, generally
have a pH of 4.0 or lower. After exposure to
oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid producing soils in
Applicant means a person, corporation, government body or other
legal entity applying to the Planning Board, Board of Adjustment or the Construction
Office proposing to engage in an activity that is regulated by the provisions of this
Ordinance, and that would be located in whole or in part within a regulated Riparian Zone.
Category
One waters or C1 waters shall have the meaning
ascribed to this term by the Surface Water Quality Standards, N.J.A.C. 7:9B, for purposes
of implementing the antidegradation policies set forth in those standards, for protection
from measurable changes in water quality characteristics because of their clarity, color,
scenic setting and other characteristics of aesthetic value, exceptional ecological
significance, exceptional recreational significance, exceptional water supply
significance, or exceptional fisheries resources.
Disturbance means the placement of
impervious surface, the exposure or movement of soil or bedrock of the clearing, cutting
or removing of vegetation.
Intermittent Stream means a
surface water body with definite bed and banks in which there is not a permanent flow of
water and shown on the New Jersey Department of Environmental Protection Geographic
Information System (
Lake, pond or reservoir
means any surface water body shown on the New Jersey Department of Environmental
Protection Geographic Information System (
Perennial stream means a
surface water body that flows continuously throughout the year in most years and shown on
the New Jersey Department of Environmental Protection Geographic Information System (
Riparian Zone means the
land and vegetation within and directly adjacent to all surface water bodies, including,
but not limited to lakes, ponds, reservoirs, perennial and intermittent streams up to and
including their point of origin, such as seeps and springs, as shown on the New Jersey
Department of Environmental Protection Geographic Information System (
Special Water
Resource Protection Area of SWRPA means a 300-foot area provided on each side of a
surface water body designated as a C1 water or tributary to a C1 water that is a perennial
stream, intermittent stream, lake, pond or reservoir, as defined herein and shown on the
USGS quadrangle map or in the County Soil Surveys within the associated HUC14 drainage,
pursuant to the Stormwater Management Rules at N.J.A.C. 7:8-5.5(h).
Surface water
body(ies) means any perennial stream, intermittent stream, lake, pond or reservoir as
defined herein. In addition, any regulated
water under the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-2.2 or State open
waters identified in a Letter of Interpretation issued under the Freshwater Wetlands
Protection Act Rules at N.J.A.C. 7:7A-3 by the New Jersey Department of Environmental
Protection Division of Land Use Regulation shall also be considered surface water bodies.
Threatened or
endangered species means a species identified pursuant to the Endangered and Nongame
Species Conservation Act, N.J.S.A. 23:2A-1, et seq., the Endangered Species Act of 1973,
16 U.S.C. §§1531, et seq., or the Endangered Plant Species List, N.J.A.C. 7:5C-5.1, and
any subsequent amendments thereto.
Trout
maintenance water means a section of water designated as trout maintenance in the New
Jersey Department of Environmental Protection’s Surface Water Quality Standards at
N.J.A.C. 7:9B.
Trout
production water means a section of water identified as trout production in the New
Jersey Department of Environmental Protection’s Surface Water Quality Standards at
N.J.A.C. 7:9B.
III.
ESTABLISHMENT
A.
Except as provided in
Sections IV and V below, riparian zones adjacent to all surface water bodies shall be
protected from avoidable disturbance and shall be delineated as follows:
1.
The riparian zone shall be
300 feet wide along both sides of any Category One (C1) water, and all upstream
tributaries situated within the same HUC 14 watershed.
2.
The riparian zone shall be
150 feet wide along both sides of the following waters not designated as C1 waters:
a. Any
trout production water and all upstream waters (including tributaries);
b. Any
trout maintenance water and all upstream waters (including tributaries) within one linear
mile as measured along the length of the surface water body;
c. Any
segment of a water flowing through an area that contains documented habitat for a
threatened or endangered species of plant or animal, which is critically dependent on the
surface water body for survival, and all upstream waters (including tributaries) within
one linear mile as measured along the length of the surface water body; and
d. Any
segment of a surface water body flowing through an area that contains acid producing
soils.
3.
For all other surface water bodies, a riparian zone of 50 feet wide shall be
maintained along both sides of the water.
B.
If a discernible bank is not present along a surface water body, the portion
of the riparian zone outside the surface water body is measured landward as follows:
1.
Along a linear fluvial or tidal water, such as
a stream or swale, the riparian zone is measured landward of the feature’s
centerline;
2.
Along a non-linear fluvial water, such as a lake or pond, the riparian zone
is measured landward of the normal water surface limit;
3.
Along a non-linear tidal water, such as a bay or inlet, the riparian zone is
measured landward of the mean high water line; and
4.
Along an amorphously-shaped feature, such as a wetland complex, through
which water flows, but which lacks a definable channel, the riparian zone is measured
landward of the feature’s centerline.
C.
The applicant or designated
representative shall be responsible for the initial determination of the presence of a
riparian zone on a site, and for identifying the area on any plan submitted to the Borough
of South Plainfield in conjunction with an application for a construction permit,
subdivision, land development or other improvement that requires plan submissions or
permits. This initial determination shall be
subject to review and approval by the Borough Engineer, Governing Body or its appointed
representative and, where required, by the New Jersey Department of Environmental
Protection.
IV.
VARIANCES.
To the extent allowed by the Stormwater Management Rules
(N.J.A.C. 7:8), the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and the Highlands
Water Protection and Planning Act rules (N.J.A.C. 7:38), new disturbances for projects or
activities in the riparian zone established by this Ordinance may be allowed through the
Zoning Board of Adjustment review and approval of a variance, provided the disturbance is
proposed to be located on a pre-existing lot (existing as of the effective date of this
Ordinance) when there is insufficient room outside the riparian zone for the proposed use
otherwise permitted by the underlying zoning; there is no other reasonable or prudent
alternative to placement in the riparian zone, including obtaining variances from setback
or other requirements that would allow conformance with the riparian zone requirements;
and upon proof by virtue of submission of appropriate maps, drawings, reports and
testimony, that the disturbance is:
A. Necessary to protect public health, safety or welfare;
B. To provide an environmental benefit;
C. To prevent extraordinary hardship on the property owner
peculiar to the property; or
D.
To prevent extraordinary
hardship, provided the hardship was not created by the property owner by not allowing a
minimum economically viable use of the property based upon reasonable investment.
V.
EXCEPTIONS.
To the extent allowed under the Stormwater Management
rules (N.J.A.C. 7:8), the Flood Hazard Area Control Act rules (N.J.A.C. 7:13), and the
Highlands Water Protection and Planning Act rules (N.J.A.C. 7:38) and subject to the
review and approval by the New Jersey Department of Environmental Protection to the extent
required by those rules, the following disturbances for projects or activities in the
riparian zone established by this Ordinance are allowed:
A. Redevelopment within the limits of existing impervious
surfaces;
B. Linear development with no feasible alternative route;
C.
Disturbance that is in
accordance with a stream corridor restoration or stream bank stabilization plan or project
approved by the New Jersey Department of Environmental Protection;
D.
Disturbance necessary to
provide for public pedestrian access or water dependent recreation that meets the
requirements of the Freshwater Wetlands Protection Act rules, N.J.A.C. 7:7A, the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13, or the Costal Zone Management rules,
N.J.A.C. 7:7E; or
E.
Disturbance with no feasible
alternative required for the remediation of hazardous substances performed with New Jersey
Department of Environmental Protection or Federal oversight pursuant to the Spill
compensation and Control Act, N.J.S.A. 58:10-23.11a, et seq., or the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§9601, et
seq.
VI.
APPEALS, CONFLICTS
A.
Any party aggrieved by the location of the riparian zone boundary
determination under this Ordinance may appeal to the Borough Environmental Officer under
the provisions of this Ordinance. The party
contesting the location of the riparian zone shall have the burden of proof in case of any
such appeal.
B.
Any party aggrieved by any determination or decision of the Borough
Environmental Officer under this Ordinance may appeal to the Borough Mayor and Council. The party contesting the determination or decision
shall have the burden of proof in case of any such appeal.
C.
Conflicts: All other ordinances,
parts of ordinances, or other local requirements that are inconsistent or in conflict with
this Ordinance are hereby superseded to the extent of any inconsistency or conflict, and
the provisions of this Ordinance shall apply.
D.
Severability:
1.
Interpretation: This Ordinance
shall be so construed as not to conflict with any provision of
2.
Notwithstanding that any provision of this Ordinance is held to be invalid
or unconstitutional by a court of competent jurisdiction, all remaining provisions of the
Ordinance shall continue to be in full force and effect.
3.
The provisions of this Ordinance shall be cumulative with, and not in
substitution for, all other applicable zoning, planning and land use regulations.
VII.
ENFORCEMENT.
A prompt investigation shall be
made by the Borough Environmental Officer of any person or entity believed to be in
violation thereof. If, upon inspection, a
condition which is in violation of this Ordinance is discovered, a civil action in the Special Civil Part of the Superior Court, or in the
Superior Court, if the primary relief sought is injunctive or if penalties may exceed the
jurisdictional limit of the Special Civil
Part, by the filing and serving of appropriate process.
Nothing in this Ordinance shall be construed to preclude the right of the
Borough of South Plainfield, pursuant to N.J.S.A. 26:3A2-25, to initiate legal proceedings
hereunder in Municipal Court. The violation of
any section or subsection of this Ordinance shall constitute a separate and distinct
offense independent of the violation of any other section or subsection, or of any order
issued pursuant to this Ordinance. Each day a
violation continues shall be considered a separate offense.
VIII. EFFECTIVE
DATE.
This
Ordinance shall take effect upon final passage and publication in accordance with
Mr. Bengivenga made a motion to adopt Ordinance # 1923, seconded by Mr. Barletta.
Mayor Anesh opened the public hearing on Ordinance # 1923. There were no comments
so the Mayor called for the vote.
YES:
Clerk Graf read Ordinance # 1925 by title only for introduction as follows:
#1925 entitled: An Ordinance amending Salary Ordinance # 1777 entitled an ordinance
providing for the compensation of various borough employees and the
method of payment of said compensation
Mr. Bengivenga made a motion to approve Ordinance # 1925 on first reading, seconded by Mr. Barletta.
YES:
Clerk Graf read Ordinance # 1926 by title only for introduction as follows:
#1926 entitled: An Ordinance amending Salary
Ordinance # 1898 entitled: An Ordinance
providing for the compensation of officers and employees of the Borough
of
the years
Mr. Bengivenga made a motion to approve Ordinance # 1926 on first reading, seconded by Mr. Barletta.
YES:
Clerk Graf read Ordinance # 1927 by title only for introduction as follows:
#1927 entitled: A Bond Ordinance Amending Section 3(B) of Bond Ordinance Numbered
1919 of the Borough of
Jersey finally adopted
the project.
Mr. Bengivenga made a motion to approve Ordinance # 1927 on first reading, seconded by Mr. Barletta
YES:
Mr. Bengivenga made a motion to approve
Resolutions 11-072 through 11-084, seconded by Mr. McConville, which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF
SOUTH PLAINFIELD,
#11-072
WHEREAS,
Federal
Metals and Alloys has applied for a release of a performance bond posted for public
improvements to Block 467.01, Lot31, 4216 South Clinton 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 $16,518.00 be released upon the posting of a two year maintenance bond in the amount of $2,477.70 and the payment of any outstanding engineering escrow fees or COAH fees; and
WHEREAS, the Governing Body held a
public hearing on
NOW THEREFORE BE IT RESOLVED that the
above stated performance bond be released upon the posting of a two year maintenance bond.
#11-073
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
Bit Holdings Fifty Three Inc. 222 1 2010 $243,724.46
Park & Oak Tree 2009 $173,683.02
Make check payable to:
Bit Holdings Fifty Three Inc c/o Garippa, Lotz & Giannuario
Total $560,014.88
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#11-074
WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents have
overpaid their taxes and have requested refunds:
Block 122;
Attn: Brooke Burton
$1,792.31
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#11-075
Emil H. Philibosian, Esq. is hereby appointed
to defend the Borough in a tax appeal matter filed by Home Depot,
#11-076
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 for the purchase of a new for 5 yard dump truck
equipped with stainless steel flick plow & Hydraulics stainless steel spreader to replace current old and worn equipment; and
WHEREAS bids were solicited and opened
on
Schwartz & Sons $118,691.53
Hoover Truck Center $127,994.00
Mid-Atlantic Truck $133,000.00
Brown Truck Group $155,000.00
WHEREAS, the bids have been reviewed by the Borough’s Superintendent of Public Works and the Borough Attorney, Paul Rizzo and it is their recommendation that the bid of Schwartz & Sons, 585 Shrewsbury Ave, Shrewsbury, NJ 07702 in the amount of $118,691.53 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 account C-04-55-917-002-901.
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 Schwartz & Sons,
FURTHER BE IT RESOLVED that the Mayor
and
#11-077
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 for the purchase of a 2011 Wheel Loader Backhoe; and
WHEREAS bids were solicited and opened
on
JESCO
$78,678.00
Foley, Inc.
$93,214.24
WHEREAS, the bids have been reviewed by the Borough’s Superintendent of Public Works and the Borough Attorney, Paul Rizzo and it is their recommendation that the bid of Schwartz & Sons, 585 Shrewsbury Ave, Shrewsbury, NJ 07702 in the amount of $118,691.53 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 account C-04-55-917-002-902.
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 JESCO, 1790 Route 38, Lumberton, NJ for the purchase of a 2011 Wheel Loader Backhoe at a cost not to exceed $78,678.00.
FURTHER BE IT RESOLVED that the Mayor
and
#11-078
authorization is hereby granted for the purchase of a network clock from Tactical Public Safety at a cost not to exceed $5,200.00. Funds for this purchase are available in Account
#1-01-20-140-000-225.
#11-079
the attached Ordinance, to Amend Section 17.5 of the Code of the Borough of South Plainfield entitled “Signs for Commercial Purposes”, which would regulate awnings within the Borough is hereby referred to the South Plainfield Planning Board for their review and recommendations.
#11-080
Dawn Hutchinson is hereby hired for the part
time position of Tax Cashier, effective
#11-081
WHEREAS, N.J.S.A. 40A:4-8 provides that the
budget may be read by title only at the time
of the public hearing, providing that at least one week prior to the date of the hearing,
a complete copy of the approved budget as advertised has been delivered to the South
Plainfield Library, posted in the Municipal Building, with copies available to any persons
requesting same; and
WHEREAS, the Municipal Clerk has fulfilled her
responsibilities of insuring the availability
of the Municipal budget to the public;
NOW, THEREFORE, BE IT RESOLVED by the Governing
Body of the Borough of South Plainfield,
#11-082
WHEREAS, emissions from gasoline and diesel-powered vehicles contribute significantly to air pollution, including greenhouse gases, ozone formation, fine particulates; and
WHEREAS, numerous scientific studies have found links between exposure to fine particles and health effects including premature death, and increased incidents of asthma, allergies, and other breathing disorders; and
WHEREAS, the United States Environmental Protection Agency has classified diesel exhaust as likely to be carcinogenic to humans; and
WHEREAS, vehicles idling occurs in locations (e.g. school grounds, parking lots, distribution centers, strip malls, construction sites, business centers, etc.) where New Jerseyans can be exposed to concentrated sources of air pollutant emissions; and
WHEREAS, asthma is a significant public health concern in New Jersey, especially among children (up to 25% of New Jersey’s school-age children are asthmatic) and the elderly; and
WHEREAS, the reduction in fine-particle emissions from diesel engines could also prevent 16,000 new asthma cases annually and save $770 million to $10 billion in health care and related costs in the State; and
WHEREAS, for every gallon of gasoline used, the average car produces about 20 pounds of carbon dioxide (CO2), the largest contributor to greenhouse climate change, with one-third of greenhouse gas emissions coming from the transportation sector; and
WHEREAS,
petroleum-based gasoline and diesel fuel are nonrenewable fuels and should
be used wisely and not wasted; and
WHEREAS, idling is not generally beneficial to a vehicle’s engine because it wears engine parts; and
WHEREAS, idling more than 10 seconds uses more fuel and emits more pollutants than turning an engine off and on again; and
WHEREAS, current state law prohibits the idling of vehicles for more than three minutes and studies have shown that an anti-idling policy will save fuel, prolong engine life, and improve air quality.
NOW
THEREFORE BE IT RESOLVED that the Borough Council of
- Make enforcing existing violations and penalties under New Jersey’s existing no-idling law a priority for all municipal Peace Officers pursuant to C. 39:3-70.2 and C. 26:2C-1;
- Encouraging any gasoline or diesel-powered motor vehicle to turn off their engines immediately at schools and off-site school related events to minimize exposure of children to vehicle emissions;
- Maintaining municipal vehicles to eliminate any visible exhaust and complying with the annual inspection requirement for those vehicles;
- Promote the widespread use of emission controls in construction contracts; and
- Supporting broad education of the public about the health, environmental and economic impacts of idling and ways to reduce idling.
#11-083
the Mayor and Municipal Clerk are hereby authorized
to renew an inter-local agreement with
MCIA for Yard Waste
Recycling Service for the term of
#11-084
WHEREAS, the Borough requires the services of a licensed and qualified attorney to serve as a hearing officer in an action involving Marie Smith; and
WHEREAS, legal counsel has recommended that Edward M. Dunne, Esq. be retained based upon his professional experience and reputation; and
WHEREAS, it is anticipated that payments will not exceed $5,000.00; and
WHEREAS, N.J.S.A. 40A:11-1, et seq., the New Jersey Local Public Contracts Law, authorizes the award of professional service contracts without competitive bidding;
NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey, that the Mayor and Municipal Clerk are hereby authorized to execute a Professional Service Agreement with Edward M. Dunne, Esq. of Valentino & Dunne, P.C. for Mr. Dunne to perform all required services to serve as a hearing officer in the matter involving Marie Smith at a rate of $175.00 per hour.
YES:
Mr. Rusnak made a motion to accept the Correspondence as listed below; seconded by Mr. McConville:
1.
Traffic Safety Advisory
Commission minutes –
2.
Recycling Dept. Report
– February 2011
3.
Letter from Borough
Attorney Re: Executive Sessions
4.
Environmental Commission
minutes –
YES:
Mr. Bengivenga made a motion to approve the Bills List as summarized below, seconded by Mr. Barletta.
PAYMENT OF BILLS
Current Fund -
$744,988.46
Sewer Utility Operating Fund - $17,292.85
Pool Utility
Operating Fund – $1,117.35
General
Capital - $102,864.87
Grant Fund -
$15,786.58
Treasurers
Tr
Recreation Trust
- $2,978.08
TOTAL OF
Turning to Reports, Mr. Cullen reported on the following items:
· Budget Hearings with the Department Heads are being set up and will be posted in the Observer
·
6 Bids have been
received so far on the
·
On the
· Regarding State Aid, there is a possibility that municipal aid may be affected by School Board lawsuit.
· The bulk pick program will be held in the fall but it doesn’t look good for a spring pick up.
· Tax appeals are being processed and categorized. The deadline was April 1st. Mr. Cullen hopes to have a list prepared for the next meeting.
Councilmen
Councilman McConville reported that the
Ponytail opening has been changed to
Councilwoman Buteas thanked all those involved
with making the Women’s Empowerment event a great success. She also reminded the public about the Spring
Cleanup on
Council President Rusnak expanded on Mr. Cullen’s comments on the Tax Appeal situation and acknowledged that the large number of appeals may cause a rough ride but the Council will do the best they can to budget for everything we can and get everything accomplished.
Mayor Anesh announced that one of the Borough’s scouts has attained Eagle Scout and the Council is invited to the May 15th Ceremony.
Mayor Anesh opened the meeting to the public for their comments.
Les Bergen of
Debbie Boyle of
Mr. Rusnak congratulated Mrs. Boyle on doing a great job.
Paul McCullen asked for clarification on Resolution # 11-075. Mr. Rizzo explained that this appointment falls under Professional Services and the need to have a designated tax attorney when a conflict of interest arises. He also echoed the sentiments of Mr. Mikorski regarding not patronizing large businesses filing tax appeals.
Debbie Bergen of
Robert Bengivenga of
and place, Unico, the Business Association and the Knights of Columbus will co-sponsor a
blood drive.
Mayor Anesh closed the public portion of the meeting and the governing body moved into Executive Session.
Upon the Council’s return, Mayor Anesh reported no additional action is required and called for a motion to adjourn. So moved by Mr. Rusnak and seconded by Mr. Barletta. The meeting was adjourned at 8:30pm.
Respectfully submitted,
Joann L. Graf, RMC
Municipal Clerk