Section vi)         The following additional matters are hereby determined, declared, recited and stated:

(a)         The purposes described in Section 3 of this bond ordinance are not current expenses.  They are all improvements that the Borough may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.

(b)         The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 11.51 years.

(c)         The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a complete executed duplicate thereof has been filed in the office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey.  Such statement shows that the gross debt of the Borough as defined in the Local Bond Law is increased by the authorization of the bonds and notes provided in this bond ordinance by $430,000, and the obligations authorized herein will be within all debt limitations prescribed by that Law.

(d)         An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.

Section 7.     The Borough hereby declares the intent of the Borough to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.

Section 8           Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or, if other than the State Grant referred to in Section 1 hereof, to payment of the obligations issued pursuant to this ordinance.  The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.

Section 9           The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough.  The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the “Rule”) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule.  In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.

Section 10.        The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance.  The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount.

Section 11.        This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.

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

Mr. Anesh requested a separate vote on Resolution # 10-107.

Mr. McConville made a motion to approve Resolutions 10-108 through 10-116, seconded by Ms. Buteas which all begin with

BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

#10-108

Section 1. The Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) amends and supplements the resolution adopted April 5, 2010 entitled as follows:    

“Resolution Determining the Form and Other Details of Not to Exceed $4,230,000 Refunding Bonds, Consisting of Not to Exceed $1,880,000 General Improvement Refunding Bonds and Not to Exceed $2,350,000 Sewer Utility Refunding Bonds of the Borough of South Plainfield, in the County of Middlesex, New Jersey or Such Other Amount as Determined by the Chief Financial Officer to Accomplish the Refunding on the Terms Approved by the Local Finance Board Consistent with the Refunding Provisions of the Internal Revenue Code and Providing for the Sale and the Delivery of Such Bonds to Roosevelt & Cross, Incorporated.”

in order to add an additional series of refunding bonds in the amount of $800,000 approved by the Local Finance Board on April 14, 2010 and otherwise authorized by an ordinance adopted by the Borough on April 19, 2010.  The ordinance authorized $800,000 of refunding bonds to fund an emergency temporary appropriation to fund the accrued sick and vacation obligations for the Borough officials retiring during the year 2010.

Section 2.  The maturity schedule for this additional series of refunding bonds shall be as follows:                                                            

2011                                 $160,000

2012                                 $160,000

2013                                 $160,000

2014                                 $160,000

2015                                 $160,000

Section 3.  The dated date and the terms of sale shall be as provided in the resolution referred to in Section 1 above adopted on April 5, 2010 with such changes or additions as necessary or appropriate to accommodate the sale of this additional series of refunding bonds.

Section 4.         This resolution shall take effect immediately.

#10-109

WHEREAS, Madhusudan LLC, License # 1222-33-016-007, d/b/a Palace of Jaipur, did not file its renewal application and fees on or before July 30, 2009 and were therefore required to seek  a 12.18 Special Ruling, pursuant to N.J.S.A. 33:1-12.18; and

WHEREAS, Madhusudan LLC did file the required 12.18 petition with the State Attorney General’s office and did receive a Special Ruling signed by the Deputy Attorney General, Lorinda, Lasus, dated June 3, 2009 to permit the licensee to apply for a new license; and

WHEREAS, Madhusudan LLC sumitted a full 12 page renewal application and applicable fees with the Municipal Clerk for the 2008-2009 license year; and

WHEREAS, the Mayor and Council of the Borough of South Plainfield approved the renewal of  License # 1222-33-016-007 by Resolution # 367 which was included in the Municipal Clerk’s application submission to the State ABC;

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of the Borough of South Plainfield that Madhusudan LLC, License # 1222-33-016-007, d/b/a Palace of Jaipur be granted renewal of their liquor license for the 2008-2009 license year, in accordance with N.J.S.A. 33:1-12.18.

#10-110

Authorization is hereby granted to allow the property owners of Block 188, Lot 57, also

known as La Costa Plaza, to install and maintain approximately 230 linear ft of paver stone 

along Plainfield Avenue, said pavers to be located in the public right of way. 

#10-111

Authorization is hereby granted for Borough Engineers, T&M Associates, to provide for

engineering services associated with the improvements project on New Market Avenue. 

This contract shall be contingent upon final adoption of Bond Ordinance No. 1890.

#10-112

WHEREAS, the local capital budget for the CY 2010 was introduced by the Governing Body of the Borough of South Plainfield with the CY 2010 Temporary Budget; and     

WHEREAS it is desired of the Governing body to amend said adopted capital budget section.    

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, that the amendment(s) to the adopted capital budget section of the 2010 Budget be made as follows

                        Project:    Front End Loader                          $137,000

                        Project:    New Market Ave Improvements       $675,000

                        Estimated Total Cost:                                  $812,000

Capital Improvement Fund:                                   $  17,000

Grants in Aid:                                                      $365,000

                        Debt Authorized:                                          $430,000

BE IT FURTHER RESOLVED that two (2) certified copies of this resolution be filed forthwith in the Office of the Director of Local Government Services. 

#10-113

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 FY 2009 Budget, and

WHEREAS, the temporary budget set forth below does not exceed twenty six and one quarter percent of the total appropriations in the previous years budget (exclusive of any appropriations made for Debt Service, Capital Improvements Fund and Public Assistance).

NOW THEREFORE BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that the temporary appropriations are hereby amended to add the following amounts and that a certified copy of this resolution be transmitted to the Chief Financial Officer.

#10-114

Carmella Sutor is hereby hired to assist with the Rabies Clinic on 4/24/10, and to work per diem from 8:00am to 1:00pm from 4/26/10 through 5/7/10 at an hourly rate of $11.65.

#10-115

Authorize Suplee Clooney to provide accounting and professional services in the event that the South Plainfield School Board Budget presented to the voters on April 20, 2010 is rejected, the cost of which shall not exceed $7,000.00.

#10-116

WHEREAS, like most towns throughout the State of New Jersey, South Plainfield is required to cut costs and even faces the possibility of laying off employees and the possibility of furloughing employees based upon loss of state aid due to the State’s fiscal crisis; and

WHEREAS, the residents of South Plainfield, like residents throughout the state and country, are experiencing an unprecedented recession, with many people losing their jobs and homes; and

WHEREAS, the Borough has reduced, or is in the process of reducing, the number of employees in practically every department and has asked each department to cut its operating costs by ten percent; and

WHEREAS, the South Plainfield Free Public Library receives an annual allotment of about $1.37 million, which is controlled by a statutory formula and cannot be changed by the Borough Council; and

WHEREAS, the South Plainfield Free Public Library Board of Trustees has amassed a surplus that totals approximately $1.7 million; and

WHEREAS, in a spirit of shared sacrifice and cooperation, and as a matter of equity, the Borough’s efforts to cut costs should apply to all departments, agencies, and boards, including the Library Board of Trustees; and

WHEREAS, N.J.S.A. 40:54-15(a) permits a library board of trustees to return excess funds to a municipality under certain conditions;

NOW, THEREFORE, BE IT RESOLVED that the Borough Council of the Borough of South Plainfield respectfully asks the South Plainfield Library Board of Trustees to return ten percent of its excess surplus to the Borough so the funds can be used for much-needed tax relief. 

BE IT FURTHER RESOLVED that a copy of this resolution shall be sent to the South Plainfield Free Public Library Board of Trustees for consideration at its next meeting and that the board is asked to respond to this request as expeditiously as possible and immediately begin the steps necessary to return the excess funds requested.  

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

Mr. Anesh made a motion to approve Resolution # 10-107, seconded by Mr. Rusnak as follows:

Captain Paul Brembt is hereby promoted to the position of Acting Chief of Police, effective April 19, 2010 at a rate of $73.03 per hour plus the applicable longevity factor.

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

The Mayor and Council extended their best wishes to Acting Chief Brembt and much success in his new position.

Mr. McConville made a motion to accept the correspondence as listed below, seconded by Ms. Buteas.

1. T & M Asso:  New Market Ave Resurfacing project proposal
2. Business Advisory Group: Minutes from March 3, 2010 meeting
3. Edison Wetlands Asso.: Comments regarding proposed truck route
4. Environmental Commission: Minutes from January 2010 Meeting
5. Library Board: Minutes from April 13, 2010 meeting
6. Aurora & Asso.: So. Clinton Ave Railroad Rehabilitation  notice
7. Middlesex County Planning Board: Minutes from March 9, 2010 meeting
8. SP Library Board: Letter requesting a refund on library roof project credit balance
9. T & M Asso.: Cherry Street Improvements proposal
10. P. Rizzo:  Sump pump discharge into sewer
11. J. Muccilli: Letter of intent to retire effective December 31, 2010
12. L. Zushma:  Letter of intent to retire effective April 30, 2010

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

Mr. McConville made a motion to approve the payment of bills as listed below, seconded by Ms. Buteas.

Current Fund - $81,351.47

Sewer Utility Operating Fund  -  $1,600.00

       Current Fund  (9-01)  - $ $75.00

       General Capital - $68.50

        Grant Fund - $40.00

       Treasurers Trust - $5,103.43  

TOTAL OF ALL FUNDS - $88,238.

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

Ms. Graf advised the Mayor and council regarding the Financial Disclosure forms for 2010.  she also made an announcement regarding Tuesday’s School board Election.

Borough Engineer Len Miller gave his Project Summary report.  He advised the Council that PSE&G was making changes on the Decorative Lighting plan that could effect the contract with Foggio Electric.  He also announced that the Durham Ave resurfacing would begin April 28^th thru May 1^st.  Also, Right of Way acquisitions are needed on the New Durham Rd/Corporate Blvd project.

Mr. Cullen reported that the grant for the Suburban Bus Company clean up has been approved and that after a 10 day appeal period, the funds should be available and the work can begin. He  commented on the benefits of approving Resolution # 108 and reported on the success at the Local Finance Board to get approval on the refunding bonds. Mr. Cullen reviewed the Library Board’s request for a refund on the unused balance from the roof project in the amount of $28,000.

Mayor Butrico reminded the Council that the Board was promised a refund of $140,000 from the original funds for the new library and we should honor that commitment.  The Council agreed.

Mr. Bengivenga congratulated Danny Wasnak as Grand Marshall for the Junior Baseball Opening Day Parade.   He also congratulated DPW for a successful Open House on April 17^th.

Ms. Buteas announced the Cultural Arts Talent Show to be held May 1^st and the Suburban Womens Club Luncheon & Fashion Show benefiting Autism.  Thanks to Alice Tempel and Dorothy Miele for another successful Town Cleanup effort.  She also acknowledged Ray Petronko and the Fire Dept. for a great Taste of South Plainfield fundraiser.   Ms. Buteas also announced efforts in the works to help raise funds for the 2010 Labor Day Parade.  She asked Mr. Anesh if the Parade and Fireworks are still included in the budget to which he responded yes. She asked for a status on the Energy Audit.  The Engineer will review and report to Mr. Cullen.  Next Ms. Buteas asked the Council to address issues at the Highland Woods facility and the need to establish specific rules to assist in the effort.  She also thanked Mike English for his efforts in the PAL expansion project.  Finally, Ms. Buteas announced that the Intern Program that was so successful in 2009 will once again be established this summer for local students.

Mr. Bengivenga asked for a status on the CDBG grant application. Mr. Cullen reported that it is still pending.

Mr. McConville thanked the Council for their support in the purchase of the front end loader.

Mr. Rusnak reported that he expected the 2010 budget to be introduced on May 3^rd and noted a few highlights including staff reduction, and possible furloughs and other measures such as Resolution # 10-116 which requests the Library to return 10% of their surplus back to the borough to assist with tax relief.

Mr. McConville asked Mr. Salerno for a status report on the Celebrations Development application.  Mr. Salerno summarized the current status.  Mayor Butrico added information relative to the financial impact of the development.

Mr. Anesh gave a report on the borough’s motor vehicle statistics and congratulated the Junior Baseball League on a great opening day.

Mayor Butrico thanked the Edison Wetlands for their contribution to the Highland Woods facility.  He asked if anyone had any questions or comments on the Cable contract and the Borough attorney’s comments.  He reminded everyone about the Historical Society Encampment on April 24^th    at Spring Lake Park from 10am – 4pm.  The Mayor referred a request for Right of Way from NextG to be considered at a future meeting.  He also congratulated Junior Baseball for a great opening day and Panda Express on their grand opening (located near Target).  Mayor Butrico offered his appreciation to Bobby Capparelli for the job he is doing as Superintendent and OEM Coordinator Mike Zushma for all their hard work and dedication.  He asked if anything had been done on the request to ban left hand turns from McKinley Street. He also for a clarification on the proposal from T & M on Cherry Street.

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

Ray Petronko, speaking on behalf of the Fire Dept., thanked all the businesses who supported the Taste of South Plainfield fundraiser last Saturday, specifically Buy Rite Spirits, Adeline’s, Flanagan’s, Paulo’s Carmine’s, LeBonboniere, Muscle Maker Grill, hometown Heroes and Presto Printing.  He also noted that the storm drain on Durham Ave near Helen Street needs to be raised. 

Joe Scrudato asked if any progress had been made on the By-Laws revision to which Mr. Bengivenga replied no due to a very busy schedule.  He also thanked Mayor Butrico for his generous donation of $1000 to the Knights of Columbus Special Needs fund.  He noted that the Knights have collected over $60,000 in the past 4 years.  He also asked for a status on the New Market Ave Extension.  He was told that we are still waiting for Verizon to install an underground line.  He also asked for a status on the traffic light at So. Clinton and New Market at the entrance to AKA.

Frank Mikorski thanked Mayor Butrico for his efforts to establish a shared service arrangement with Piscataway for the sewer jet equipment as well as his efforts to decrease the efforts on the finances of the borough. He commented on government interference regarding internships. And finally, he commented on the Audit and asked about reserves for future accrued liabilities.

OEM Coordinator Mike Zushma reported that FEMA has agreed to reimburse the borough for overtime and losses in an amount in excess of $100,000.  He also reported that his is working to improve the reverse directory phone system to include phone systems not currently covered.

Mr. Bengivenga made a motion to adjourn, seconded by Mr. Anesh.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk