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MINUTES of the Regular Meeting of the Council of the Borough of North Plainfield held on Monday, May 11, 2009 at 8:14 p.m. at the North Plainfield Community Center, 614 Greenbrook Road, North Plainfield, New Jersey.

PRESENT:

Council Members: Mary H. Forbes

Robert E. Hitchcock

Lawrence La Ronde

Everett Merrill

Frank Righetti

Douglas M. Singleterry

Frank “Skip” Stabile, Council President

Also Present: Michael Giordano Jr., Mayor

David E. Hollod, Business Administrator

Eric M. Bernstein, Esq., Borough Attorney

Richard K. Phoenix, RMC, Borough Clerk

The Pledge of Allegiance to the Flag was held at the Agenda Conference.

Council President Stabile read the following Notice of Compliance:

"This is a Regular Meeting of the Council of the Borough of North Plainfield, scheduled by resolution of the Council adopted on January 1, 2009. Adequate notice of this meeting was given pursuant to N.J.S.A. 10:4-6 et seq. by transmitting said notice to the Courier News and The Star-Ledger on January 2, 2009 and by posting a copy of this notice on the bulletin boards in the Municipal Building and the Memorial Library reserved for such purpose."

HEARING:

ORDINANCE NO. 09-03 CALENDAR YEAR 2009 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A:4-45.14)

The Clerk read the Ordinance by its title.

PUBLIC COMMENT: No comments.

Motion to close Public Comment by Mr. La Ronde, seconded by Mr. Righetti and on Roll Call carried all seven voting aye.

Mrs. Forbes presented the following resolution and moved its adoption:

RESOLUTION NO. 05-11-09-01 BE IT RESOLVED by the Council of the Borough of North Plainfield that an ordinance numbered 09-03 be adopted and advertised as required by statute.

Seconded by Mr. Hitchcock and on Roll Call carried all seven voting aye.

Mr. La Ronde presented the following amended resolution and moved its adoption:

RESOLUTION NO. 05-11-09-02 BE IT RESOLVED by the Council of the Borough of North Plainfield that an ordinance numbered 09-04 be read by its title by the Clerk and be passed on its first reading and advertised as required by statute, fixing June 8, 2009 at 7:30 p.m. or as soon thereafter as the matter can be heard, as the time and West End School, 447 Greenbrook Road, North Plainfield, New Jersey as the place for the hearing and final adoption.

Seconded by Mr. Hitchcock.

Mr. Bernstein suggested that the site of the hearing and final adoption of Ordinance No. 09-04 would more appropriately be located where a larger group could be accommodated. Mr. Stabile advised that the School Board would be consulted, but that the venue would tentatively be the West End School all-purpose room. The language of the Resolution was accordingly amended as appears above, and the Clerk confirmed that the newspaper advertising would carry the West End School address.

On Roll Call, the amended resolution carried, all seven voting aye.

The Clerk read the Ordinance by its title as follows:

ORDINANCE NO. 09-04 AN ORDINANCE TO ESTABLISH AN R-9 AGE RESTRICTED COMMUNITY (ARC) AND AFFORDABLE HOUSING (AH) RESIDENCE ZONE

CONSENT AGENDA

Council President Stabile stated that all matters listed on the Consent Agenda are considered to be routine in nature and will be approved by one motion. There will be no separate discussion of these items. If any discussion is desired by Council, that particular item will be removed from the Consent Agenda and will be considered separately.

Mr. Merrill presented the following resolution and moved its adoption:

RESOLUTION NO. 05-11-09-03 BE IT RESOLVED by the Council of the Borough of North Plainfield that resolutions numbered

05-11-09-03a, b, c, d, e, f, and g

having been placed on the Consent Agenda and there having been no objection thereto, the same are hereby approved.

Seconded by Mr. Hitchcock and on Roll Call carried all seven voting aye.

APPROVED RESOLUTIONS:

RESOLUTION NO. 05-11-09-03a RESOLUTION OF THE BOROUGH OF NORTH PLAINFIELD AUTHORIZING ADDITIONAL PAYMENT TO APPRAISAL SYSTEMS, INC. RELATING TO THE BOROUGH REVALUATION

WHEREAS, the Borough of North Plainfield entered into a contract with Appraisal Systems, Inc. for professional services related to the revaluation of all the real property in the Borough of North Plainfield; and,

WHEREAS, Appraisal Systems, Inc. has performed services relative to the Borough of North Plainfield revaluation project; and,

WHEREAS, Appraisal Systems, Inc. has submitted a request dated February 27, 2009 for payment of an additional Seven Thousand Nine Hundred Thirty-Five ($7,935.00) for extra line items which represent the valuation of new construction which did not exist at the time of the original bid and properties which were erroneously classed; and,

WHEREAS, the Borough of North Plainfield has determined that the additional payment requested by Appraisal Systems, Inc. is justified and necessary pursuant to the Agreement entered into between the parties.

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of North Plainfield, County of Somerset, State of New Jersey hereby authorizes additional payment to Appraisal Systems, Inc. in the amount of Seven Thousand Nine Hundred Thirty-Five Dollars ($7,935.00) which represents payment for extra line items which were not included in the original bid for revaluation services and the Mayor and Borough Clerk are authorized to execute all necessary documents to effectuate this Resolution.

RESOLUTION NO. 05-11-09-03b RESOLUTION OF THE BOROUGH OF NORTH PLAINFIELD AUTHORIZING FINAL PAYMENT TO MARK PAVING, INC. FOR THE JOHNSTON DRIVE EXTENSION ROADWAY IMPROVEMENTS PROJECT

WHEREAS, Mark Paving, Inc. has constructed improvements for the Johnston Drive Extension Roadway Improvements project for the Borough of North Plainfield; and,

WHEREAS, the work has been completed and Mark Paving, Inc. has submitted a request for final payment in the amount of Twenty-Nine Thousand Five Hundred Four Dollars and Forty-Eight Cents ($29,504.48); and,

WHEREAS, the Borough’s Engineers, Birdsall Services Group, have reviewed said request for payment and have recommended that final payment be made to Mark Paving, Inc.

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of North Plainfield, County of Somerset, State of New Jersey does hereby authorize that final payment be made to Mark Paving, Inc. in the amount of Twenty-Nine Thousand Five Hundred Four Dollars and Forty-Eight Cents ($29,504.48) for the improvements to the Johnston Drive Extension Roadway.

RESOLUTION NO. 05-11-09-03c BE IT RESOLVED, by the Council of the Borough of North Plainfield, that the Borough Treasurer is authorized to make the following refunds:

Tax Sale Certificate Amount Lienholder

Block 23 Lot 23 $ 234.23 Herbert Sehgel

Certificate #08-00037 P.O. Box 287

Kingston, NJ 08528

Block 16.01 Lot 8.01 $ 1,125.25 CCTS Capital, LLC

Certificate #08-00030 1415 Rt. 70, East Suite 504

Cherry Hill, NJ 08034

Block 167 Lot 3 $ 18,149.84 Elliot Loeb

Certificate #08-00160 1 Lakeview Road

Saratoga Springs, NY 12866

RESOLUTION NO. 05-11-09-03d AUTHORIZING AMENDMENT TO THE 2009 TEMPORARY BUDGET

WHEREAS, the Revised Statutes of New Jersey 40A:4-20 provides for the adoption of temporary appropriations in addition to temporary appropriations necessary for the period between the beginning of the current fiscal year and the date of the adoption of the Local Budget for the Year 2009;

NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the Council of the Borough of North Plainfield, that the following amendments to the temporary appropriations be made in the amounts and for the purposes herein set forth for the period between January 1st, 2009 and the adoption of the Local Budget for the Borough of North Plainfield, County of Somerset and State of New Jersey for the fiscal year 2009:

Salaries Other

A/C # CURRENT FUND & Wages Expenses

20-100 Department of Administration $45,250.00 $4,825.00

20-110 Borough Council 00.00 1,850.00

20-120 Borough Clerk 34,500.00 6,125.00

20-130 Department of Finance 59,250.00 4,437.50

20-135 Annual Audit 8,750.00

20-145 Tax Collection 2,687.50

20-150 Division of Assessments 19,250.00 0.00

20-155 Department of Law 58,750.00

20-165 Engineering 10,000.00

20-175 Historical Commission 900.00 1,750.00

21-180 Planning Board 300.00 1,750.00

21-185 Board of Adjustment 300.00 1,250.00

22-195 Uniform Construction Code 33,500.00 625.00

23-210 Liability Insurance 0.00

23-220 Group Insurance 391,250.00

23-225 Unemployment Compensation 6,250.00

25-240 Police 1,136,250.00 28,375.00

25-241 Crossing Guards 40,000.00 0.00

25-252 Emergency Management 500.00

25-260 Rescue Squad Contribution 6,250.00

25-265 Fire Protection 590,500.00 11,000.00

25-266 Fire Hydrant 45,000.00

25-267 Uniform Fire Code 3,000.00 2,227.00

25-268 LOSAP 2,500.00

25-269 Emergency Medical Services 1,500.00

25-275 Borough Prosecutor 3,750.00 0.00

26-290 Streets & Roads 211,250.00 56,125.00

26-310 Building & Grounds 15,825.00

26-315 Vehicle Maintenance 35,250.00

27-330 Health 40,250.00 27,750.00

27-340 Dog Regulation 9,750.00

28-370 Recreation 19,187.50 4,250.00

28-375 Maintenance of Parks 1,625.00

28-380 Shade Tree Advisory Board 5,250.00

30-415 Retirement Benefits 35,000.00

30-420 Celebration of Public Events 1,875.00

31-201 Contingent 1,500.00

31-430 Electricity 75,000.00

31-440 Telephone 16,250.00

31-445 Water 3,750.00

31-446 Natural Gas 1,000.00

31-460 Gasoline 42,500.00

31-461 Technology 2,750.00

31-462 Postage 7,750.00

31-471 Employees Retirement System 0.00

36-472 Social Security 78,750.00

36-474 Consolidated Police/Fire Retirement 0.00

36-475 Police/Fireman Retirement 0.00

42-300 COAH Housing 1,250.00

42-305 Somerset County Recycling 47,500.00

42-405 Parking Authority 16,000.00 0.00

42-520 NJDEP Permit Fee 0.00

43-490 Municipal Court 70,000.00 3,700.00

43-495 Public Defender 1,875.00

62-405 Capital Equipment 14,750.00

Totals $2,323,437.50 $1,088,677.00

Salaries Other

A/C # SEWER UTILITY FUND & Wages Expenses

55-501 Sewer Operating $ 45,000.00 $ 11,625.00

55-502 Plainfield Area Regional Sewer 375,500.00

55-541 Social Security 3,425.00

55-542 Unemployment Comp Insurance 250.00

Totals Sewer Utility $ 45,000.00 $390,800.00

RESOLUTION NO. 05-11-09-03e RESOLUTION OF THE BOROUGH OF NORTH PLAINFIELD AUTHORIZING AGREEMENT FOR ENGINEERING SERVICES WITH HATCH MOTT MCDONALD

WHEREAS, the Borough of North Plainfield is in need of a professional and/or firm to perform engineering services for the Borough; and,

WHEREAS, the Borough has received a proposal from Hatch Mott McDonald to perform such engineering services for the Borough from May 31, 2009 through April 30, 2010 for an amount not to exceed Twenty-Five Thousand Five Hundred Dollars ($25,500); and,

WHEREAS, the Borough wishes to retain the services of Hatch Mott McDonald to perform various engineering work for the Borough and believes that Hatch Mott McDonald is eminently qualified to perform such special engineering services.

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of North Plainfield, County of Somerset, State of New Jersey that Hatch Mott McDonald is hereby appointed to perform engineering services for the Borough of North Plainfield from May 31, 2009 through April 30, 2010 for an amount not to exceed Twenty-Five Thousand Five Hundred Dollars ($25,500) and the Mayor and Borough Clerk are hereby authorized to execute an Agreement with Hatch Mott McDonald on behalf of the Borough.

RESOLUTION NO. 05-11-09-03f BE IT RESOLVED by the Council of the Borough of North Plainfield that it does hereby authorize the issuance of licenses to drive a taxicab for calendar year 2009, pursuant to N.P.R.G.O. 4-1 et seq., to the following in accordance with the applications heretofore submitted:

Augusto Chavarriaga

104 Jackson Avenue

North Plainfield, NJ 07060

Patricio Cordova

1139 West Front Street

Plainfield, NJ 07060

Marcello W. Guerron

521 West Fifth Street, fl. 3

Plainfield, NJ 07060

RESOLUTION NO. 05-11-09-03g BE IT RESOLVED by the Council of the Borough of North Plainfield that the attached bills of the accounts named and for the amounts stated, having been duly audited and found to be correct as of the 11th day of May, 2009, the same be paid; and that the Mayor and Chief Financial Officer are hereby authorized to sign and deliver warrants for the same.

REPORTS 2009: Fire Department, March

COMMUNICATIONS:

145 Somerset Street, LLC
North Plainfield, NJ / Re: 2009 Tax Appeal for 143-53 Somerset Street
North Plainfield Medical Building
North Plainfield, NJ / Re: 2009 Tax Appeal for 190 Greenbrook Road
PWW Corp., c/o R.P.C., Inc.
Hackensack, NJ / Re: 2009 Tax Appeal for 675 Somerset Street
Sylvestor Sullivan
Morristown, NJ / Re: 2009 Tax Appeal for 39 Chatham Street
Elizabeth Egan
North Plainfield, NJ / Re: 2009 Tax Appeal for 180 Jefferson Avenue
Heather Fencik
North Plainfield, NJ / Re: 2009 Tax Appeal for 185 Jefferson Avenue
NVJA, LLC
Bedminster, NJ / Re: 2009 Tax Appeal for 897 Route 22 West
Danny Dominguez
North Plainfield, NJ / Re: 2009 Tax Appeal for 152-154 Watchung Avenue
Suesserman, Ronald and Caroline
North Plainfield, NJ / Re: 2009 Tax Appeal for 218-20 Norwood Avenue
Jaira and Maricel Reinosa
North Plainfield, NJ / Re: 2009 Tax Appeal for 82 Myrtle Avenue
Roger Arno
North Plainfield, NJ / Re: 2009 Tax Appeal for 80 Myrtle Avenue
Annemarie Hayles
North Plainfield, NJ / Re: 2009 Tax Appeal for 321 Jefferson Avenue
Eulalia Espinoza
North Plainfield, NJ / Re: 2009 Tax Appeal for 210 Somerset Street
James and Lorraine Day
North Plainfield, NJ / Re: 2009 Tax Appeal for 136 Hidden Trail
Ferrara, Carmella and Williams, H.
North Plainfield, NJ / Re: 2009 Tax Appeal for 41 Harrison Avenue
Patricia Weber
North Plainfield, NJ / Re: 2009 Tax Appeal for 71 Myrtle Avenue
Robert Howell
North Plainfield, NJ / Re: 2009 Tax Appeal for 26 Steiner Place
Frank and Jean Miller
North Plainfield, NJ / Re: 2009 Tax Appeal for 270 Muriel Avenue
Anthony Fantini
North Plainfield, NJ / Re: 2009 Tax Appeal for 75-77 Grandview Avenue
Ernest Fantini
North Plainfield, NJ / Re: 2009 Tax Appeal for 71-73 Grandview Avenue
Linden Associates Realty Partners, III, LLC
Linden, NJ / Re: 2009 Tax Appeal for 607 Somerset Street
James and Donna Gillen
North Plainfield, NJ / Re: 2009 Tax Appeal for 153 Barbara Drive
Trinity Reformed Church
North Plainfield, NJ / Re: 2009 Tax Appeal for 401 Greenbrook Road
Joseph Bezyak
North Plainfield, NJ / Re: 2009 Tax Appeal for 39 Harrison Avenue
Mr. and Mrs. Garrett Lesnevich
North Plainfield, NJ / Re: 2009 Tax Appeal for 126 Willow Avenue
Denise Gargano
North Plainfield, NJ / Re: 2009 Tax Appeal for 287 Mountain Avenue
Francine Gargano
North Plainfield, NJ / Re: 2009 Tax Appeal for 57 Willow Avenue
Frank Prakinsky
North Plainfield, NJ / Re: 2009 Tax Appeal for 46 Harrison Avenue
Re: 2009 Tax Appeal for 112 Walnut Street
Frances Feldman
North Plainfield, NJ / Re: 2009 Tax Appeal for 97 Willow Avenue
Carmela Hurling
North Plainfield, NJ / Re: 2009 Tax Appeal for 250 Brook Avenue
Villa Furniture
North Plainfield, NJ / Re: 2009 Tax Appeal for 481-95 Route 22 West