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Borough of South Plainfield
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3191
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
Mr. Rusnak made a motion to accept the Minutes
of
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr. Bengivenga made a motion to accept the
Minutes
YES: Bengivenga, Buteas, McConville, Rusnak, Anesh MOTION CARRIED
RECUSE:
Mayor Butrico opened the meeting for public comment on agenda items only. Seeing none, the Mayor called for Ordinance # 1890A.
Ms. Graf read Ordinance # 1890A by title only for Public Hearing and final adoption.
#1890A entitled: Bond Ordinance amending section 3a of Bond Ordinance No. 1890 of the
Borough of
adopted
to re-appropriate $55,000 proceeds of obligations not needed
for their original and other improvements and improvements
to
BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) as follows:
Section One. Section 3(a) of Bond Ordinance numbered 1890
of the Borough of South Plainfield, in the
(a) New Market Avenue road, curb, driveway apron, ADA
and other improvements and improvements to Cherry Street, including all work and materials
necessary therefor and incidental thereto.
Section Two. Pursuant
to N.J.S.A. 40A:2-39, it is hereby determined that $55,000
of the proceeds of obligations originally made available pursuant to bond
ordinance #1827 of the Borough, finally adopted
necessary for Linden Avenue and other related improvements for which
the obligations previously were authorized.
Section Three. The $55,000 described in Section Two and made available pursuant to N.J.S.A. 40A:2-39 is hereby re-appropriated to provide for the purpose described in Section One hereof
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Section Four. The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.
Section Five. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.
Mr. Bengivenga made a motion to adopt Ordinance # 1890A, seconded by Mr. McConville.
As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1890A.
There were public comments so Mayor Butrico closed the Public Hearing and called for a
vote on the ordinance.
YES:
Bengivenga, Buteas, McConville, Rusnak,
Ms. Graf read Ordinance # 1900 by title only on first reading for introduction as follows:
#1900 entitled: An Ordinance Amending Chapter 84 Entitled Police Department of The
Code
Mr. Bengivenga made a motion to adopt Ordinance # 1900, seconded by Mr. Rusnak.
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr. Anesh made a motion to approve Resolutions
10-205, 206 and 208 through 10-223, seconded by Mr. Bengivenga which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF
SOUTH PLAINFIELD,
#10-205
WHEREAS, Plainfield Associates has applied for a release of a performance bond posted
for public improvements to Block 254,
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 the Surety Bond of $851,796.54 and a check in the amount of $94,644.06 be released upon the posting of a two year maintenance bond of $2,450.00 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 and the posting of a maintenance bond be waived.
#10-206
WHEREAS, Acting Police Chief Paul Brembt has indicated his
intention to retire effective
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NOW, THEREFORE, the Governing Body of the Borough of South Plainfield
hereby accepts the notice of retirement by Acting Police Chief Paul Brembt, effective
#10-208
the
Chief Financial Officer is hereby authorized to issue a refund check to Josiah
Cooperation
for a Fire
permit fee of $42.00 that was unable to be used at the Vendor Day Charity
Fundraiser
for the Plainfield Area Humane Society held on Saturday, July 24th at the
#10-209
WHEREAS, the Borough of South Plainfield in need of the professional services of a landscape architect as part of the joint County/Borough New Brunswick Avenue project; and
WHEREAS the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that a resolution authorizing the award of a contract as Professional Services without competitive bidding must be publicly advertised:
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield as follows:
1. The Mayor and Municipal Clerk are hereby authorized to execute an agreement with
Henry Hinterstein,
landscaping and landscape
architecture associated with the
project.
2. This contract is being awarded pursuant to a fair and open process in accordance with
N.J.S.A. 19:44A-20.4 et seq.
3. A copy of this resolution shall be published in The Observer as required by law within
ten (10) days of its passage.
#10-210
WHEREAS,
a vacancy will occur at the
WHEREAS,
it is the recommendation of the Recycling Program Coordinator to hire
Dan Adams;
NOW,
THEREFORE, that the South Plainfield Borough Council hereby appoints Daniel Adams to
the position of part time groundskeeper, effective
#10-211
authorization
is hereby given to waive the Fire Permit fee of $42.00 for borough organizations
participating in the 2010 Labor Day festivities at the
#10-212
Angelo
Strillacci is hereby hired as a part time, temporary Plumbing Subcode
Official for the week of August 16 through
#10-213
WHEREAS, the Tax Collector advises that the following taxpayers and/or their agents haveoverpaid their taxes and have requested refunds:
OWNER/ADDRESS
Block 229,
Cesar Pratts
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NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South
amount(s) as mentioned above.
#10-214
WHEREAS, the Borough of South Plainfield, County of Middlesex, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problem in our society amongst persons of all ages; and
WHEREAS, the Borough of South Plainfield further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuse in our community; and
WHEREAS, the Borough of South Plainfield has applied for funding to the Governors Council on Alcoholism and Drug Abuse through the County of Middlesex;
NOW, THEREFORE, BE IT RESOLVED by the Borough of South Plainfield, County of Middlesex, State of New Jersey that the Borough that:
- The South Plainfield Borough Council does hereby authorize submission of an application for the South Plainfield Municipal Alliance grant for calendar year 2011 in the amount of $20,777.00, with a municipal match of $5,544.00.
- The South Plainfield Borough Council acknowledges the terms and conditions for the administering of the Municipal Alliance grant, including the administrative compliance and audit requirements.
#10-215
a stipend of $1,211.00 is hereby approved for Jon Dean as Assistance Director of the
Office of Emergency Management, effective immediately.
#10-216
WHEREAS, the taxpayer, SP Fidelco I, LLC. (ATaxpayer@) has appealed the real estate tax assessment on its property located at 3474 S. Clinton Ave, also known as Block 467.03, Lot 1, for the tax years 2008, 2009 and 2010, in the Tax Court of the State of New Jersey, Docket Nos. 003339-2008, 002398-2009, 008845-2010; and
WHEREAS, the Borough appraiser opined that the property was over assessed for all three years under appeal and that in his opinion the assessments should be adjusted to a total tax assessment of $860,700 in 2008 (true value opinion of $2,320,000 x average ratio of 37.10%); a total tax assessment of $841,000 in 2009 (true value opinion of $2,320,000 x average ratio of 36.25%); and
WHEREAS, the taxpayer agreed to settle the tax appeals by accepting reductions of the total tax assessments in 2008, 2009 and 2010 to a total tax assessment of $922,300 in 2008 (true value opinion of $2,486,000 x average ratio of 37.10%); a total tax assessment of $901,300 in 2009 (true value opinion of $2,486,300 x average ratio of 36.25%); and a total tax assessment of $831,000 in 2010 (true value opinion of $2,405,900 x average ratio of 34.54%), all of which values exceed the opinions of value of the Boroughs appraiser; and
WHEREAS, the Stipulation of Settlement is annexed hereto and incorporated herein by this reference and has been reviewed and approved by the Borough Council; and
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WHEREAS, the taxpayer agreed to waive interest due on any refunds pursuant to N.J.S.A. 54:3-27.2 and will accept credits to be exhausted commencing with the first quarterly payment due after Judgment in lieu of refunds; and
WHEREAS, the Borough Tax Assessor and the Attorney for the Borough have reviewed and recommend the settlement to the Borough Council; and
WHEREAS, the aforesaid reductions in assessment have no general application to other properties within the Borough of South Plainfield as a result of the aforesaid specific fact situation; an
WHEREAS, the Borough Council leaves the allocation between land and improvements of the aforesaid tax assessment reductions to the Boroughs Assessors discretion with the direction that the same be set so as to be most beneficial to the Borough; and
WHEREAS, the Borough Council makes this settlement with the taxpayer without prejudice to its dealings with any other Borough taxpayers request for tax assessment reduction.
NOW,
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of South
Plainfield,
1. The
Borough Tax Assessor is hereby directed to establish allocation between land and
improvements of a $212,700 total tax assessment reduction for the 2008 tax year for Block
467.03,
2. The Borough Tax Assessor is hereby directed to
establish allocation between land and improvements of a $233,700 total tax assessment
reduction for the 2009 tax year for Block 467.03,
3.
The
Borough Tax Assessor is hereby directed to establish allocation between land and
improvements of a $304,000 total tax assessment reduction for the 2010 tax year for Block
467.03,
4. The Borough Attorney is hereby authorized to execute the Stipulation of Settlement, a copy of which is annexed hereto, relative to the tax appeals of SP Fidelco I, LLC vs. Borough of South Plainfield, Docket Nos. 003339-2008, 002398-2009, 008845-2010; which reduces the 2008 total tax assessment on block 467.03, lot 1 from $1,135,000 to $922,300; which reduces the 2009 total tax assessment from $1,135,000 to reduced total tax assessment of $901,300; which reduces the 2010 total tax assessment from $1,135,000 to reduced total tax assessment of $831,000; and which further provides that the allocation between the land and improvements as established by the Borough Tax Assessor shall be set forth in said Stipulation of Settlement;
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which further provides that said taxpayer will waive interest on any refunds pursuant to N.J. S.A. 54:3-27.2 and accept credits in lieu of refunds to be exhausted starting with the first quarterly payment due after issue of a judgment.
5. The settlement outlined above shall be without prejudice to the Borough of South Plainfields dealings with any other Borough taxpayers request for tax assessment reductions.
#10-217
Accept the resignation of Susan Diaz, 911 Telecommunications Operator effective immediately.
#10-218
WHEREAS, the following residents have completed the application process for membership in the South Plainfield Fire Department and are ready to be enrolled in fire school starting in September:
Nicholas A. Smith
Nicholas A. Sacco
302 Amboy Avenue
Nicholas W. Figler
Samantha Hogan
Jurrien Kratz
WHEREAS, South Plainfield Fire Chief Larry Del Negro has
recommended that these five residents be approved as probationary members of the
South Plainfield Volunteer Fire Department effective
NOW THEREFORE, BE IT RESOLVED that Nicholas Smith,
Nicholas Sacco, Nicholas Figler, Samantha Hogan, and Jurrien Kratz are hereby approved as Probationary members of
the South Plainfield Volunteer Fire Department effective
#10-219
WHEREAS, a request was made by Stephen
& Connie Macellara to hold a block party on Sunday,
WHEREAS, Police, Fire and Rescue Squad have been notified and given their approval.
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that permission to hold said block party is hereby granted; and
FURTHER BE IT RESOLVED that copies of this resolution be given to the Police Department, Fire Department, Rescue Squad, Department of Public Works, Emergency Management and the applicant.
#10-220
WHEREAS, a request was made by James
Gustafson to hold a block party on Saturday,
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WHEREAS, Police, Fire and Rescue Squad have been notified and given their approval.
NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that permission to hold said block party is hereby granted; and
FURTHER BE IT RESOLVED that copies of
this resolution be given to the Police Department, Fire Department, Rescue Squad,
Department of Public Works, Emergency Management and the applicant
#10-221
WHEREAS, the Borough Fire Department has requested permission from the Governing Body to allow the Fire Department to construct a training prop on property owned by the Borough and utilized by the Department of Public Works, and to waive any local permit fees associated with construction of the training prop; and
WHEREAS, the construction of the training prop was designed by a New Jersey State licensed architect, will be surface mounted with no foundation due to the use of concrete filled sonotubes, which provide anchor points, and the cost of construction of the training prop will be paid with donations from local businesses, at no cost to the Borough, with minimal cost to maintain and conduct drills utilizing the prop; and
WHEREAS, the
training prop will have multiple uses for training, will be located for Fire Department
members under the supervision of Fire Department officers and can be utilized at any time
without prior notice necessary. The training
prop will be located inside a secured fenced area of the
NOW, THEREFORE, be it resolved by the Governing Body of the Borough of South Plainfield that the Borough Fire Department is granted leave to construct a training prop on Borough property, and any and all permit fees associated with construction shall be waived; and
BE IT FURTHER RESOLVED that this permission is conditioned upon the Fire Department obtaining all necessary permits and approvals from the appropriate offices of the Borough.
#10-222
WHEREAS, by Ordinance No. 1597, dated July 15,2002, the Borough adopted the Redevelopment Plan for the Designated Redevelopment Area in the Vicinity of the Hamilton Boulevard Industrial Site (Redevelopment Plan), providing a conceptual plan for the redevelopment of the Hamilton Boulevard Industrial Site (Redevelopment Area); and,
WHEREAS, by Resolution dated
WHEREAS, the Borough subsequently entered into an
agreement with Denholtz as the developer entitled Redevelopment Agreement for the
Hamilton Boulevard Industrial Site in the Borough of South Plainfield, Middlesex County,
New Jersey dated as of
WHEREAS, since the 2002 adoption of the Redevelopment Plan and the 2005 adoption of the Redevelopment Agreement, conditions have changed, namely the local, state, federal and global economy, as well as shifting consumer takes; and,
WHEREAS, the Borough and Denholtz both recognize that these changed circumstances necessitate amending the previously adopted Redevelopment Plan; and,
3198
WHEREAS, the Borough accordingly wishes to commence the process of amending said Redevelopment Plan.
NOW, THEREFORE, BE IT RESOLVED, by the Borough
Council of the Borough of South Plainfield,
1. The Borough Council hereby authorizes the Boroughs Planning Board Planner to prepare an Amendment to the Redevelopment Plan for the redevelopment area.
2. The Mayor and Borough Clerk are hereby authorized to execute such Agreements as are necessary to implement this Resolution.
3. This Resolution shall take effect immediately.
#10-223
Ordinance
#1778 entitled: An Ordinance amending and supplementing Ordinance #1278 Entitled:
The Zoning Ordinance of The Borough of South Plainfield, 1992, Regarding
Billboards is hereby referred to the South Plainfield Planning Board for their
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr.
Bengivenga made a motion to approve Resolution # 10-207, seconded by Mr. Rusnak as
follows:
WHEREAS, Acting Chief of Police Paul Brembt has indicated his
desire to retire from the South Plainfield Police Force effective
WHEREAS, the Public Safety Committee has reviewed potential
candidates to fill the position; and
WHEREAS, it is the recommendation of the Public Safety
Committee and the Borough Administrator to appoint Captain James Parker to fill the
position, and
WHEREAS, under Civil Service, the correct title is Provisional
rather than Acting Chief;
NOW,
THEREFORE BE IT RESOLVED that Captain James
Parker is hereby appointed to the position of Provisional Chief of Police, effective
be adjusted to be at least 5% greater than the Captains salary.
BE IT FURTHER RESOLVED that Resolution # 10-107 is hereby rescinded effective September 10th.
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr. Rusnak made a motion to accept the correspondence as listed below, seconded by Mr. Salerno.
1.
Library Board Minutes
2.
Traffic Safety Advisory
Commission Minutes
3.
Residents of
4.
SPHS Athletic Booster
Club request for Ad
5.
Environmental Commission
Minutes
6.
Code Enforcement Monthly
report June 2010
7.
Building/Code
Enforcement Financial Report year to date
8.
Environmental Department
Monthly Report July 2010
9.
Ad
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10. John Wiley Re: Request Council to adopt meters and bounds
description for
11. Recycling Dept. Monthly
Report July 2010
12. Library Board Minutes
July 2010
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr. Anesh made a motion
to approve the payment of bills as listed below, seconded by Mr. Salerno:
Current Fund - $914,276.06
Sewer Utility Operating Fund - $3.482.66
Pool Utility Operating Fund
$8,869.46
General Capital -
$298,937.53
Grant Fund - $8,247.59
Treasurers Tr
Recreation Trust - $14,628.03
TOTAL OF
YES:
Bengivenga, Buteas, McConville, Rusnak,
Mr. Miller gave a summary report on the
progress of current projects including bid solicitations for Bulky waste and
Mr. Bengivenga asked Mr. Miller about the
Mr. Cullen reported that handrails were
installed in the main hall of Boro Hall to assist Seniors and others with difficulty
walking. He also reported that in response to
the concerns of several residents along
Mayor Butrico offered Cudos to the
Mr. Bengivenga reported progress.
Ms. Buteas announced the Town Cleanup planned for September 11th. She then asked Mr. Anesh about the placement of a sign at McKinley restricting left hand turns. Next Ms. Buteas asked if the Charitable Clothing bins ordinance could be amended in order to limit the number of clothing bins. Borough Attorney Rizzo will look into drafting the amendment. Ms. Buteas extended an invitation from the Economic Development Committee for a Meet and Greet Reception at TD Bank one evening in September ( date to be announced ). She gave an update on the Labor Day Parade plans and was pleased to announce that the Public Celebrations Committee has raised $20,000 in donations to help underwrite the parade. Ms. Buteas offered congratulations to Mayor Butrico on being selected Grand Marshall of this years parade.
3200
Mr. McConville offered congratulations to Captain James Parker on his promotion to Provisional Chief.
Mr. Salerno offered congratulation to Mayor Butrico on being selected as Grand Marshall and also to Captain Parker on his promotion to Provisional Chief.
Mr. Anesh gave on update on the Speed Hump
policy and request forms. He stated that he
has been speaking with residents along
Mayor Butrico commented on the
The Mayor then opened the meeting for comments from the public.
Frank Mikorski congratulated Mayor Butrico on
his being selected Grand Marshall. He also
complimented the Mayor for publicly recognizing the
Mayor Butrico added one item to his report, that being that the poles at the opening of the New Market extension have been removed
Les Bergen commented on the intersection at
Paul McCullen thanked the Council for removing
the tree at
Jake Cataldo voiced his concerns about the
deteriorating maintenance of our town including the proper placement of garbage cans to
the rear of the property, the need to limit clothing bins, and the increase of debris at
the strip malls on
Derryk White asked Ms. Buteas if she could ask the county at her meeting about the possibility of dredging the lake to avert flooding.
John Sorrentino, Chairman of Public Celebrations gave an update on the 2010 parade and announced that the committee has raised $20,000 to offset parade costs.
Mayor Butrico closed the public portion and called for a motion to adjourn. Mr. Anesh made a motion to adjourn; seconded by Mr. Rusnak.
Respectfully Submitted,
Joann L. Graf,
RMC Municipal Clerk