Minutes from the April 5, 2010 Public Meeting                                

of the South Plainfield Mayor and Council

The meeting was called to order at 7:40pm 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.

Mr. Bengivenga made a motion to approve Resolution # 102 which approves the list of charitable contributions made from the Mayor’s Wedding Fund; seconded by Mr. Anesh.

WHEREAS, Mayor Charles Butrico officiates at wedding services throughout the year as part of his duties as Mayor; and

WHEREAS, couples who are married by Mayor Butrico pay a wedding stipend which is designated to be donated to various local charities; and

WHEREAS, said fees, totaling $4,600.00, have been collected and deposited in a dedicated account and distribution to the following charities is hereby requested by Mayor Butrico:

            South Plainfield Domestic Violence Team                 $1,600.00                            

            Knights of Columbus Special Citizens Drive              $1,000.00

            Make a Wish Foundation -                                     $1,000.00

    South Plainfield Social Services (A&P Cards)            $   500.00

    Autism New Jersey  (c/o Suburban Woman’s Club
            of So Plainfield)                                                   $  500.00

NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield that those funds, totaling $4,600.00, collected by the Borough for wedding services performed by Mayor Butrico be, and are hereby, distributed as stated above.      

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

Mayor Butrico presented donation checks as follows:

1) South Plainfield Domestic Violence Team:                           $1,600.00

2) Knights of Columbus Special Citizens Drive :                       $1,000.00

3) Make a Wish Foundation                                                   $1,000.00

4) South Plainfield Social Services ( A&P Cards)                       $   500.00                         

5) Suburban Womens Club Scholarship Fund                            $   500.00

Mr. Rusnak commended Mayor Butrico for his generosity to all these organizations.

Mayor Butrico presented two proclamations.  The first was to honor Thaddeus Teddy Malecki on the occasion of his 100^th Birthday and the second was to recognize South Plainfield Volunteer Litter CleanUp Week – April 17 – 24, 2010.

Prior to opening up the bidding on surplus borough property, Mr. Bengivenga made a motion to approve Ordinance # 1884 which authorizes the sale of the property; seconded by Mr. Rusnak.

YES:            Anesh, Buteas, McConville, Salerno    

NO:           Bengivenga, Rusnak                                                    MOTION CARRIED

   

Mayor Butrico opened the bidding on surplus land known as Block 273,  Lots 4 & 5 with a minimum bid of $546,000.  There were no bidders and therefore the sale was closed without a  sale.

Mr. Anesh made a motion to approve the Minutes of March 15, 2010 – Agenda meeting, Executive meeting, and Public meeting as amended and also the minutes of March 22, 2010Special Council Meeting – Public and Executive; seconded by Ms. Buteas.

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

Mayor Butrico opened the meeting for Public Comment on Agenda items only.

Frank Mikorski of Regency Place commended Mayor Butrico for his generous and noble gesture with regard to the charity donations.  He asked Mr. Cullen to provide details regarding the refunding bond ordinances such as what Series 1999 meant, what the amount was and what it was used for.  Commenting on accrued liability Mr. Mikorski stressed the point that the cap on settlements should be included in all future contracts.  Mr. Mikorski commented that Ms. Buteas’ suggestion of shared service for the vacuum equipment  was a good point and also suggested that the boro check with the Arsenal for used equipment sales there.

Mike English asked about Ordinance # 1878 and any cost incurred.  Mr. Cullen replied that there was no change in the net debt.

Mayor Butrico closed the public portion and called for Ordinance # 1875.

Clerk Graf read Ordinance # 1875 by title only for Public Hearing and final adoption.

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

        adoption of Policies and Procedures.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1875.

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Anesh made a motion to adopt Ordinance # 1875, seconded by Mr. McConville as follows:

WHEREAS, the Mayor and Council of the Borough of South Plainfield desire to set forth fees, and rules and regulations for the rental of the Senior Center of South Plainfield;

            NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, as follows:

            The South Plainfield Senior Center may be rented to citizens, and the following policies and procedures shall be effective for any citizen, group, corporation, or other entity requesting rental of the Senior Center:

1.                  Rental fees shall be based upon the location of the residence of the person, group, corporation, or entity renting the Center and the purpose of the activity.  They shall be set pursuant to certain categories.  The rental fee shall include the use of the kitchen, ice machine, microphone system, podium/lectern, setup and takedown of tables and chairs, and use of movie screen.  The categories shall be as follows:

a.                   Members and Borough entities:  Any person who has been an active member of the Senior Center for twelve (12) consecutive months who has never previously rented the Center for any activity.  Borough employees, boards, commissions and agencies utilizing the Center for public purposes.  Non-profit community organizations, defined as not-for-profit groups and organizations that are of a service nature comprised of sixty (60) or more percent Borough residents utilizing the Center for a public purpose such as a blood drive;

b.                  Non-profit community organizations: Not-for-profit groups and organizations that are of a service nature comprised of sixty (60) or more percent Borough residents utilizing the Center for private purposes;

c.                   Members and private residents/business:  Active members of the South Plainfield Senior Center who have been members for less than twelve (12) consecutive months or have previously rented the Center.  South Plainfield residents and businesses renting for self-interests that are primarily social in nature, or business oriented (examples are parties, showers, business meetings, etc.);

d.                  Non-resident groups:  All public or private groups comprised of less than sixty percent (60%) borough residents, or groups/citizens who do not live in the Borough of South Plainfield;

e.                   Political groups:  National, State and local political parties are permitted to rent Borough facilities for any legal use, such as fund raising events, rallies, occasions to solicit membership, and annual meetings.

Rental fees shall be as follows:

Category A:                  Cost of supervisor and/or janitor (when applicable);

Category B:                  $250.00 per event;

                Category C:                  $400.00 per event;

                Categories D&E:            $500.00 per event;

DAMAGE DEPOSIT:  In addition to rental fees, a damage deposit of $500.00 by cash or check is required.  The rental fees plus the damage deposit will be the total lease amount.  The damage deposit shall be refunded within thirty (30) days after the scheduled event upon inspection of the premises, if the premises are found to be in as good and clean condition as existed prior to the event.  The inspection shall be conducted before any other event is held in the rented area.  The Borough reserves the right to retain part or all of the damage deposit to pay for any costs of repairs or cleaning made necessary by the renter’s use of the facility.  The liability of the renter shall not be limited to the amount of the damage deposit.  The liability of the renter shall extend to any damage or cleaning costs incurred as a result of the acts of any participants in the event sponsored by the renter on the premises.

RESERVATION PROCEDURES:  Reservations can be made by phone or in person.  Tentative reservations will be held up to three (3) weeks, at which time a signed lease and damage deposit are due.  Requests for use must be submitted at least fourteen (14) days prior to the requested date.  The Senior Center Director shall review all applications and has the right to grant or deny use based on policies and availability, or to grant use subject to certain conditions.  The Borough reserves the right to cancel or deny use with or without notice and to limit the frequency of the building use by any organizations, under any circumstances.

One individual shall be designated as the responsible party for the requesting group, and will sign both the request for use and the clean up agreement.  The person signing these forms is the responsible party and is assuming responsibility for the clean up and any damage, loss or disturbance during the rental period.

SETUP & TAKE DOWN:  Setup and take down may take place only on the day and time designated on the rental contract.  Access to the building prior to your rental time for setup must be confirmed in advance.

USE OF KITCHEN:  Rental of the facility may include use of the kitchen.  Kitchen users must make their own catering arrangements and arrange for cleaning of the kitchen after use.  Cleaning supplies and trash bags are the responsibility of the lessee.

Sign and Decoration Placement:  All decorations, scenery, etc. shall be erected without defacing the facility in any way and are subject to the approval of the Borough of South Plainfield.  All signs, decorations, scenery, etc. shall be installed and removed from the facility within the time reserved.  No items, materials may be affixed to walls, doors, flooring, furniture, etc. that will leave a residue, stain, scratch or otherwise mar these surfaces.  No smoking, use of candles, open flames, decorations, which may be flammable or combustible, smoke or fog generating equipment or apparatus are allowed. 

CLEAN UP:  The Borough’s cleaning staff will make sure the facility is cleaned following your event.  No renter will be allowed to tear down tables or chairs following their event.  This is to be done by the cleaning staff and is included in the rental fee.  This fee cannot be waived.  While the Borough’s cleaning staff does the cleaning, the renter is still responsible for the following:

Cleaning of Rented Rooms:

§         Remove all decorations and personal items from the facility.

§         Place all garbage into the garbage cans.

§         All liquids should be poured down the drain and not placed in garbage cans.

§         Put all table linens into cloth bags provided (stored in kitchen).

        Cleaning of Kitchen (If renting the Kitchen):

§         Empty all garbage containers into the outside dumpster.

§         Wipe off all countertops.  (Dishtowels are available in the kitchen.)

§         Empty coffee maker and clean coffee pots.

§         Put all items back in their respective areas.

§         Do not remove towels from kitchen areas, hang over sink to dry.

§         Do not use dishtowels for spills and cleaning purposes.

§         Do not remove any item that belongs to the Center.

§         Renter should bring their own containers to take leftovers and cake tops home.

                       Failure to follow these cleaning guidelines may result in the withholding of the damage                     deposit.

NO SMOKING POLICY:  The Senior Center is a NON-SMOKING FACILITY.  Any violations may cause forfeiture of the rental security deposit. Smoking is permitted outside only and all cigarette butts must be deposited in containers provided.

ALCOHOL POLICY:  Beer, wine and liquor may be served with the authorization of the Center Director.  No one under 21 years of age may consume alcohol on the premises.  Under ABC Rules, any group requesting the use of alcohol for their engagement must obtain a “Social Permit” from the Municipal Clerk.  You must provide a copy of the Social Permit license to the Senior Center at lease one week before your rental.

The Senior Center Director/Board may, at their discretion, require security for events.  The general rule of thumb is that when alcohol is served, security will be needed.  Security will be provided by the Senior Center at a charge.  The renter will be responsible for paying this charge when paying the basic facility rental charge.  When it is determined that security is necessary at the event, the fee cannot be waived.

INJURY/LOST ARTICLES:      The Borough of South Plainfield assumes no responsibility for accidents, injuries and lost or damaged articles while attending a meeting of a rental group.

FIRE REGULATIONS:  All groups must observe the following fire regulations:

§         Use of open flames is prohibited.  Candles in hurricane gloves are acceptable.

§         Electrical extension cords and decorations must be flameproof.

§         Exits, corridors and hallways must be free of obstructions at all times.

§         Persons may never stand in aisles of exists.

§         Maximum capacity numbers in rooms must be observed.

NOTICE OF RESPONSIBILITY/LIABILITY:  This section is to notify the renter that the Borough of South Plainfield, the operator of the Senior Center, is responsible only to maintain the building and its structural components and systems, such as plumbing, lighting and electricity, in a safe and operable condition.  The Borough is not responsible for the conduct of persons participating in events held at the facility.  It is the renter’s responsibility, as the renter and sponsor of the event, to see to it that the participants use the facility in a safe and reasonable manner and obey all laws.

Likewise, the Borough is not responsible for the conduct of any persons of businesses hired by the renter to work at the event, including, but not limited to the liquor servers (as provided under city contract), food caterers, decorators or entertainers hired to service the event.  The renter shall take complete responsibility for the conduct of its group or others present during the rental period, and agree to compensate the Borough for all damages to the facility, equipment or other property owned by the Borough incurred during the rental period.  Furthermore, the renter assumes all liability for any personal injuries, including death caused by participants at the scheduled event.

Any disputes or claims of liability involving such providers of services are matters strictly between the renter, the event participants and the providers.  Renter agrees that neither the renter nor the participants at the event shall file any claims or involve the Borough in any legal action regarding such matters.

RENTERS INSURANCE:  The Organization/Representative shall obtain a policy of general insurance in the State of New Jersey that provides coverage for personal injury and property damage in the amount of at least $1,000.00 for each person, and $2,000.000 total for personal injuries or death suffered by any person or persons arising from the use of the facility or the services provided.  The Organization/Representative shall provide notice to the Senior Center Director of proof of insurance in the form of a certificate of insurance at least fourteen (14) days in advance of the event.  Failure to obtain a certificate of insurance does not constitute a waiver of such insurance by the Borough of South Plainfield.  Failure of a group to provide the Senior Center Director with a certificate of insurance will result in cancellation of the event and the Organization/Representative will be responsible for any fees incurred.

FORM OF CONTRACT:  The attached form of Rental Contract shall be utilized for all rentals.

EMERGENCY CONTACTS:  If you arrive at the Senior Center at your requested time and no one is there to let you in the facility, please contact the Director at 908-756-0615.

POLICY EXCEPTIONS:  Any exceptions or variations to this policy will require the prior approval of the Mayor and Council.  Requests must be made in writing and accompany the Senior Center rental form.  The Mayor and Council has the authority for the final decision on all rentals.

            This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

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

Clerk Graf read Ordinance # 1877 by title only for Public Hearing and final adoption as follows:

#1877 entitled: Refunding Bond Ordinance of the Borough of South Plainfield, in the

                 County of Middlesex, New Jersey providing for the current refunding of

 certain sewer utility bonds, series 1999, appropriating $2,350,000 therefor

 and authorizing the issuance of $2,350,000 sewer utility refunding bonds of

 the borough for financing the cost thereof.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1877.

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Bengivenga made a motion to adopt Ordinance # 1877, seconded by Mr. Anesh.

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 1.  The Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) is hereby authorized to current refund all or a portion of the $2,250,000 of the outstanding principal amount of its Sewer Utility Bonds, Series 1999, originally issued in the principal amount of $6,200,000, dated June 15, 1999, which amount matures between June 15, 2010 and June 15, 2014, inclusive, (the “Refunded Bonds”), which are subject to redemption on or after June 15, 2009 at the option of the Borough at a redemption price of 100% of the principal amount of the Refunded Bonds to be redeemed.

Section 2. In order to finance the cost of the purpose described in Section 1 hereof and the cost of issuance associated therewith, negotiable refunding bonds (the “Refunding Bonds”) are hereby authorized to be issued in one or more series in the aggregate principal amount not exceeding $2,350,000 pursuant to the Local Bond Law of the State of New Jersey.

Section 3.  The Borough desires to provide for the refunding of the principal amount of the Refunded Bonds and the interest thereon in order to provide for savings in debt service as a result of lower interest rates in the bond market.

Section 4.  An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-51(b) has been included in the aggregate principal amount of Refunding Bonds authorized herein.

Section 5. 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 is increased by the authorization of the Refunding Bonds provided in this refunding bond ordinance by $2,350,000, and that an amount representing the principal amount of the Refunded Bonds equal to $2,250,000 will be deductible from gross debt. The obligations authorized herein will be within all debt limitations prescribed by that law.

Section 6.  A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption.

Section 8.  This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this ordinance as finally adopted.

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

Clerk Graf read Ordinance # 1878 by title only for Public Hearing and final adoption as follows:

#1878 entitled: Refunding Bond Ordinance of the Borough of South Plainfield, in the

 County of Middlesex, New Jersey providing for the current refunding of

 certain general obligation refunding bonds, series 1998 and certain

                 general improvement bonds, series 1999, appropriating $1,880,000

                 therefor and authorizing the issuance of $1,880,000 general improvement

                 refunding bonds of the borough for financing the cost thereof.

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1878.

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Bengivenga made a motion to adopt Ordinance # 1878, seconded by Mr. Anesh.

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 1.  The Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) is hereby authorized to current refund all or a portion of the $780,000 of the outstanding principal amount of its General Obligation Refunding Bonds, Series 1998, originally issued in the principal amount of $5,815,000, dated May 1, 1998, which amount matures between August 1, 2010 and August 1, 2012, inclusive, (the “General Obligation Refunded Bonds”), which are subject to redemption on or after August 1, 2008 at the option of the Borough at a redemption price of 100% of the principal amount of the General Obligation Refunded Bonds to be redeemed.

Section 2. The Borough is hereby authorized to current refund all or a portion of the $1,000,000 of the outstanding principal amount of its General Improvement Bonds, Series 1999, originally issued in the principal amount of $2,585,000, dated June 15, 1999, which amount matures between June 15, 2010 and June 15, 2014, inclusive, (the “General Improvement Refunded Bonds” and, together with the General Obligation Refunded Bonds, the “Refunded Bonds”), which are subject to redemption on or after June 15, 2009 at the option of the Borough at a redemption price of 100% of the principal amount of the General Improvement Refunded Bonds to be redeemed.

Section 3.  In order to finance the cost of the purpose described in Section 1 hereof and the cost of issuance associated therewith, negotiable refunding bonds (the “Refunding Bonds”) are hereby authorized to be issued in one or more series in the aggregate principal amount not exceeding $1,880,000 pursuant to the Local Bond Law of the State of New Jersey.

Section 4.  The Borough desires to provide for the refunding of the principal amount of the Refunded Bonds and the interest thereon in order to provide for savings in debt service as a result of lower interest rates in the bond market.

Section 5.  An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-51(b) has been included in the aggregate principal amount of Refunding Bonds authorized herein.

Section 6. 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 is increased by the authorization of the Refunding Bonds provided in this refunding bond ordinance by $1,880,000, and that an amount representing the principal amount of the Refunded Bonds equal to $1,780,000 will be deductible from gross debt. The obligations authorized herein will be within all debt limitations prescribed by that law.

Section 7.  A certified copy of this refunding bond ordinance as adopted on first reading has been filed with the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey prior to final adoption.

Section 8.  This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law, provided that the consent of the Local Finance Board has been endorsed upon a certified copy of this ordinance as finally adopted.

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

Clerk Graf read Ordinance # 1879 by title only for Public Hearing and final adoption 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

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1879.

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Bengivenga made a motion to adopt Ordinance # 1879, seconded by Mr. Salerno

WHEREAS, there exists in the Borough of South Plainfield, Middlesex County, New Jersey a “paper street” known as Anthony Avenue as shown on the Official Tax Map of the Borough of South Plainfield; and

            WHEREAS, there has been a request made to vacate the Borough’s authority and control over a portion of Anthony Avenue which crosses land known as Block 315, Lots 20.04 and 21 by the Tax Assessor of the Borough; and

            WHEREAS, that portion of Anthony Avenue described more particularly in Schedule A attached hereto is part of Open Space, specifically Pitt Street Park property; 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, County of Middlesex, State of New Jersey as follows:

I.                    The rights of the public and the Borough of South Plainfield in and to a portion of Anthony Avenue within the confines of Block 315, Lots 46.01, 44.01, 44 and 11 as described more particularly described 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 and the time and place when and where the Ordinance will be further considered for final passage, shall be mailed to every person whose land may be effected by this Ordinance so far as may be ascertained.  Said notices shall be made by the Borough Clerk to the owners of Block 315, Lots 44 and 11;

 

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 of the Clerk of the County of Middlesex in accordance with the provisions of N.J.S.A. 40:67-21.

 

This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

 

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

 

Clerk Graf read Ordinance # 1880 by title only for Public Hearing and final adoption 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

As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1880.

There were public comments so Mayor Butrico closed the Public Hearing  and called for a motion.

Mr. Bengivenga made a motion to adopt Ordinance # 1879, seconded by Mr. Salerno

WHEREAS, there exists in the Borough of South Plainfield, Middlesex County, New Jersey a road known as Pulaski Street as shown on the Official Tax Map of the Borough of South Plainfield; and

            WHEREAS, there has been a request made to vacate the Borough’s authority and control over a portion of Pulaski Street which crosses land known as Block 315, Lots 51, 52.01, 53, 54, 55 and 57 by the Tax Assessor of the Borough; and

WHEREAS, that portion of Pulaski Street described more particularly herein below as being a part of Open Space, specifically Pitt Street Park property; and

            WHEREAS, the Mayor and Council of the Borough of South Plainfield has hereby determined that the portion of Pulaski Street described herein is no longer needed for public purposes; 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, County of Middlesex, State of New Jersey as follows:

The rights of the public and the Borough of South Plainfield in and to a portion of Pulaski Street within the confines of Block 315, Lots 46.01, 44.01, 44 and 11 as described by Metes and Bounds on Exhibit A annexed hereto and made a part hereof are hereby extinguished and vacated.

IV.              At least one week Pulaski to the time affixed for the consideration of this Ordinance for final passage, a copy thereof, together with a notice of the introduction thereof and the time and place when and where the Ordinance will be further considered for final passage, shall be mailed to every person whose land may be effected by this Ordinance so far as may be ascertained.  Said notices shall be made by the Borough Clerk to the owners of Block 315, 51, 53, 54, 55 and 57;

V.                 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 of the Clerk of the County of Middlesex in accordance with the provisions of N.J.S.A. 40:67-21.

This Ordinance shall take effect upon final passage and publication in accordance with New Jersey law.

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

Ordinances 1881 and 1882 were tabled at the Agenda meeting for further revision.

Clerk Graf read Ordinance # 1883 by title only for Public Hearing and final adoption 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; seconded by Mr. McConville as follows:

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

the following be and is hereby amended as follows:

Schedule A

Annual Sewer Rental - 2010

(Effective for bill periods beginning June 1, 2010)

This Schedule A hereby establishes three (3) sewer user classes under this ordinance as follows:

(1)                Residential structures

            (1A)     Residential structures .........................................................................$290.00 per service unit

            (1B)     Residential structures reduced rate: ....................................................$145.00 per service unit.

All recipients of the $250.00 real property tax deduction granted in accordance with the provisions of P.L. 1963, C. 172 (R.S. 54:4-8.41) shall be given a deduction in the sewer rental rate that will result in a net annual rate not exceeding $1

(2)                Commercial users

Minimum annual sewer service unit user charge for any Commercial user connected to the Borough Sanitary Sewer System shall be five hundred and forty dollars ($540.00).  The following rates are for actual consumption in 100 cubic feet of water used per information supplied by the water company(ies).  

(2A).... Class 1 ........................................................................................ $6.24500

(2B).... Class 2 ........................................................................................ $7.48500

(2C).... Class 3 ........................................................................................ $9.22500

(2D).... Class 4 ........................................................................................ $5.25000

(2E)..... Class 5 ........................................................................................ $5.05000

(2F)..... Class 6 ........................................................................................ $5.05500

(2G).... Class 7 ........................................................................................ $6.45000

(2H).... Class 8 ........................................................................................ $6.28000

(2I)...... Class 9 ........................................................................................ $6.55500

          (3)       Industrial Establishment Users

(3A)     Monitored Industrial establishments:

Notwithstanding any rates set forth herein to the contrary, in no case shall the charge for Monitored Industrial users be less than the charge for an equal volume of flow as otherwise world be determined utilizing the commercial establishments rate set forth in Commercial User (2C) Class 3 rate $9.225 or for a minimum annual user charge of five hundred dollars and forty ($540.00), whichever is higher.  In addition to the loading and flow charges, the Monitored Industrial User shall pay for the cost of sampling and laboratory testing of the wastewater.

                        (3A)     Flow Million Gallons..........................................$3,425.00                                                                           

                        (3B)     BODperTon…………………………………………………………....$845.65

                        (3C)     SSperTon……………………………………………………………... $965.50

                        (3D)     Chlorine Demand per CWT ................................... $83.05

                         (3B)     Unmonitored Industrial User ..............................$9.950 per 100 cubic ft.

(4)        Sample collection fees and laboratory analysis fees paid by the Borough shall be a                  pass-through cost to the User being monitored and shall be included on the next bill.

(5)        Application for a Certificate of Use for sanitary sewer review shall be through the Borough Building Department.  The fee shall be $100.00 for an application of a change of building use.  This fee is in addition to the current Building Department Review Fee.

All other fees and provisions of this Article shall remain in full force and effect.

This amendment becomes effective after final adoption and advertisement in accordance with the law.

YES:            Anesh, Bengivenga, McConville, Rusnak    

NO:              Buteas, Salerno                                                                 MOTION CARRIED

Clerk Graf read Ordinance # 1884 by title only for Public Hearing and final adoption as follows:

#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; seconded by Mr. Rusnak as follows:

WHEREAS, the Borough of South Plainfield in the County of Middlesex is the owner of the property identified as Block 273, Lots 4 & 5, located within the Borough of South Plainfield (hereinafter referred to as the “Property”):

WHEREAS, the Borough Council of the Borough of South Plainfield has determined that said Property is no longer needed for public use; and

WHEREAS, the Borough Council determined it to be in the public interest to sell said Property by open public sale at auction to the highest bidder in accordance with N.J.S.A. 40A:12-13(a); and

NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of South Plainfield, County of Middlesex, State of New Jersey, as follows:

1.         The Mayor and Borough Council declare the Property to be surplus and not needed for public use.

2.         The sale of the Property to the respective purchasers shall be pursuant to the terms and conditions of the Notice of Sale of Land.

3.         The Mayor, Borough Clerk, Borough Attorney or such other Borough officials as the law may provide, are hereby authorized to prepare and execute such documents as may be required to close and the transfer of title to the Property to the successful bidders.

4.         The Property is sold subject to all existing encumbrances, liens, zoning regulations, easements, other restrictions, such facts as an accurate survey would reveal and any present or future assessments for the construction of improvements benefiting said property.

5.         If any article, section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the remaining portions of this Ordinance and they shall remain in full force and effect.

6.         In the event of any inconsistencies between the provisions of this Ordinance and any prior ordinance of the Borough of South Plainfield, the provisions hereof shall be determined to govern. All other parts, portions and provisions of the Revised General Ordinances of the Borough of South Plainfield are hereby ratified and confirmed, except where inconsistent with the terms hereof.

This Ordinance shall take effect immediately upon final passage and publication according to law.

YES:            Anesh, Bengivenga, McConville, Rusnak    

NO:              Buteas, Salerno                                                                 MOTION CARRIED

Clerk Graf read Ordinance # 1885 by title only on first reading for introduction as follows:

#1885 entitled:  An ordinance amending Chapter 327, Peddling and Soliciting, of the Code

  of the Borough of South Plainfield.

Mr. Anesh made a motion to adopt Ordinance # 1885 on first reading; seconded by Mr. Bengivenga.

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

Clerk Graf read Ordinance # 1886 by title only on first reading for introduction as follows:

#1886 entitled:  An Ordinance designating the Traffic Control signal for the intersection of

  Stelton Road and Hadley Center Drive, of the Code of the Borough of

  South Plainfield

Mr. Bengivenga made a motion to adopt Ordinance # 1886 on introduction; seconded by Mr. Salerno.

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

Clerk Graf read Ordinance # 1887 by title only on first reading for introduction as follows:

#1887 entitled:  A Refunding bond ordinance of the Borough of South Plainfield, in the

                  County of Middlesex, New Jersey providing for the funding of an

  emergency temporary appropriation to fund a portion of the accrued sick,

  vacation and related expenses arising from the unexpected retirement of

  several borough employees appropriating $800,000 therefor and

  authorizing the issuance of $800,000 refunding bonds or notes of the

  borough for financing the cost thereof

Mr. Rusnak made a motion to adopt Ordinance # 1887 on first reading; seconded by Mr. Bengivenga.

YES:            Anesh, Bengivenga, McConville, Rusnak    

ABSTAIN   Buteas, Salerno                                                                 MOTION CARRIED

Clerk Graf read Ordinance # 1888 by title only on first reading for introduction as follows:

#1888 entitled:  An Ordinance to amend Chapter 247 of the Code of the Borough of South

  Plainfield, “Flood Damage Prevention” and thereby revise regulations

  designed to promote public health, safety and general welfare of its

  citizenry.

Mr. Anesh made a motion to adopt Ordinance # 1888 on first reading; seconded by Mr. Bengivenga.

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

Clerk Graf read Ordinance # 1889 by title only on first reading for introduction as follows:

#1889 entitled:  An Ordinance amending Ordinance #1859 entitled: an Ordinance providing

   for the compensation of Officers and employees of the Borough of South

   Plainfield and the method of payment of such compensation for the years 

   2010 through 2011.

Mr. Bengivenga made a motion to adopt Ordinance # 1886 on introduction; seconded by Mr. Rusnak.

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

On the motion of Mr. Bengivenga and seconded by Ms. Buteas, 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:

#10-090

WHEREAS, 200 Helen Street, LLC has applied for a release of a performance bond posted for public improvements to Block 480, Lot 1 (200 Helen Street); 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 amount of $115,138.80 and the cash surety in the amount of $12,793.20 be released and  the posting of a two year maintenance bond be waived due to the length of time that has transpired since the completion of the work; and

WHEREAS the Governing Body held a public hearing on Monday, April 5, 2010 and there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be released upon the posting of a two year maintenance bond.

#10-091

WHEREAS, Verizon Wireless has applied for a release of a performance bond posted for public improvements to Block 50, Lot 1, Cedarbrook Avenue; 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 amount of $2979.00 and the cash surety in the amount of $331.00 be released upon the posting of a two year maintenance bond in the amount of $496.50;and

WHEREAS the Governing Body held a public hearing on Monday, April 5, 2010 and there were no objections filed against the release of said bond.

NOW THEREFORE BE IT RESOLVED that the above stated performance bond be released upon the posting of a two year maintenance bond.

#10-092

WHEREAS, the Borough of South Plainfield (the “Borough”) desires to make application to the Local Finance Board for its approval of the $800,000 Refunding Bond Ordinance providing for the funding of an emergency temporary appropriation to fund a portion of the accrued sick, vacation and related expenses arising from the unexpected retirement of several Borough employees;

WHEREAS, the Borough believes that:

(a)        it is in the public interest to accomplish such purpose;

(b)        said purpose is for the health, welfare, convenience or betterment of the                inhabitants of the Borough;

(c)        the amounts to be expended for said purpose are not unreasonable or exorbitant;

(d)        the proposal is an efficient and feasible means of providing services for the
            needs of the inhabitants of the Borough and will not create an undue
            financial burden to be placed upon the Borough;

NOW THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX, STATE OF NEW JERSEY as follows:

Section 1. The application to the Local Finance Board is hereby approved, and the Borough's Bond Counsel, along with other representatives of the Borough, are hereby authorized to prepare such application and to represent the Borough in matters pertaining thereto.

Section 2. The Clerk of the Borough is hereby directed to prepare and file a copy of the bond ordinance and this resolution and any other appropriate actions with the Local Finance Board as part of such application.

Section 3. The Local Finance Board is hereby respectfully requested to consider such application and to record its approvals as provided by the applicable New Jersey Statute.

#10-093

BE IT RESOLVED 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 1. An amount not to exceed $1,880,000 General Improvement Refunding Bonds of the Borough of South Plainfield, in the County of Middlesex, New Jersey (the “Borough”) in specific amounts to be determined as provided herein and as more fully described in the bond ordinance finally adopted by the Borough pursuant to the Local Bond Law on April 5, 2010, and entitled, “Refunding Bond Ordinance of the Borough of South Plainfield, in the County of Middlesex, New Jersey Providing for the Current Refunding of Certain General Obligation Refunding Bonds, Series 1998 and Certain General Improvement Bonds, Series, 1999, Appropriating $1,880,000 Therefor and Authorizing the Issuance of $1,880,000 General Improvement Refunding Bonds of the Borough for Financing the Cost Thereof”, shall be issued as “General Improvement Refunding Bonds”.

Section 2. An amount not to exceed $2,350,000 Sewer Utility Refunding Bonds of the Borough in specific amounts to be determined as provided herein and as more fully described in the bond ordinance finally adopted by the Borough pursuant to the Local Bond Law on April 5, 2010, and entitled, “Refunding Bond Ordinance of the Borough of South Plainfield, in the County of Middlesex, New Jersey Providing for the Current Refunding of Sewer Utility Bonds, Series 1999, Appropriating $2,350,000 Therefor and Authorizing the Issuance of $2,350,000 Sewer Utility Refunding Bonds of the Borough for Financing the Cost Thereof”, shall be issued as “Sewer Utility Refunding Bonds”,  and, together with the General Improvement Refunding Bonds, the “Bonds”.

Section 3. The Bonds are hereby authorized to be sold to Roosevelt & Cross, Incorporated at a purchase price determined by the parameters set forth below and otherwise consistent with the terms included in the approval by the Local Finance Board (as defined herein):
          (a)        the principal amount of the Bonds does not exceed $4,230,000;

(b)        the Net Interest Cost of the Bonds does not exceed an interest rate that would enable the Borough to complete the refunding within the parameters established by the Local Finance Board;

(c)        the Bonds may be subject to optional redemption on terms approved by the Chief Financial Officer and may be sold as serial bonds or term bonds with mandatory sinking fund redemptions; provided however that the structure or weighted average maturity for such bonds does not differ substantially from the structure approved by the Local Finance Board in the Department of Community Affairs, State of New Jersey (the “Local Finance Board”) on April 14, 2010;

(d)        the Underwriter’s discount does not exceed the amount referenced in the approved Local Finance Board application;

(e)        the maturity structure is substantially similar to the structure submitted to and approved by the Local Finance Board, together with any adjustments recommended by the Underwriter on the sale date designed to reduce the total costs of the borrowing to the Borough;

(f)         all conditions required by the Local Finance Board for the sale of the Bonds are satisfied.

Section 4. The Mayor and/or the Chief Financial Officer are hereby authorized and directed, without further authorization, to enter into and execute a purchase contract (the “Purchase Contract”) on behalf of the Borough with the Underwriter in the form satisfactory to bond counsel and upon terms consistent with the above parameters.  Upon execution of the Purchase Contract, the signature of the Mayor and/or the Chief Financial Officer shall be conclusively presumed to evidence any necessary approvals for the sale of the Bonds.  If the Chief Financial Officer, after consultation with the Underwriter, determines that the above parameters cannot be satisfied in the present market, the Bonds shall not be sold until such time as said parameters may be amended, in whole or in part, or a sale on different terms is otherwise approved by resolution of this Borough Council.

Section 5. (a) The Bonds shall be issued in the par amounts consistent with the parameters set forth in Section 3 hereof and determined by the Chief Financial Officer to be necessary to pay costs of issuance and to provide an escrow fund that, when invested, will be sufficient to provide for the timely payment of the redemption price of and interest on all or a portion of the following outstanding bonds (the “Refunded Bonds”):

            (i) $780,000 of the principal amount of the General Obligation Refunding Bonds, Series 1998, dated May 1, 1998, which were allocated to various general improvements; and

            (ii)  $1,000,000 of the principal amount of the General Improvement Bonds, Series 1999, dated June 15, 1999, which were allocated to various general improvements; and        

            (iii) $2,250,000 of the principal amount of the Sewer Utility Bonds, Series 1999, dated June 15, 1999, which were allocated to various sewer utility improvements.

(b)        The Bonds shall be dated and shall bear interest at the rates per annum as the Chief Financial Officer shall determine.

(c)        The Bonds shall be numbered and have such prefix or prefixes as determined necessary by the Chief Financial Officer and be sold and issued with such serial maturities or with such term bond maturities payable from mandatory sinking fund payments made by the Borough as determined in the Purchase Contract.           

(d)        The Bonds shall mature in each of the years 2010 to 2014, inclusive, or such other dates deemed consistent with the approved Local Finance Board resolutions and in the principal amounts as may be determined by the Chief Financial Officer and shall bear interest on the dates as may be determined by the Chief Financial Officer.

(e)        The Bonds may be subject to redemption prior to their stated maturities on terms approved by the Chief Financial Officer.

(f)         The Bonds will be issued in fully registered form.  One certificate shall be issued for the aggregate principal amount of each series of Bonds maturing in each year.  Both principal of and interest on the Bonds will be payable in lawful money of the United States of America.  Each certificate will be registered in the name of CEDE & Co., as nominee of The Securities Depository, New York, New York, which will act as securities depository (the "Securities Depository").  The certificates will be on deposit with the Securities Depository.  The Securities Depository will be responsible for maintaining a book-entry system for recording the interests of its participants or the transfers of the interests among its participants.  The participants will be responsible for maintaining records recording the beneficial ownership interests in the Bonds on behalf of individual purchasers.  Individual purchases may be made in the principal amount of $5,000 or any integral multiple thereof through book-entries made on the books and the records of the Securities Depository and its participants except that an amount maturing in any one year in excess of the largest principal amount thereof equaling a multiple of $5,000 will be in the denominations of $1,000 or any integral multiple thereof.

(g)        The principal of and the interest on the Bonds will be paid to the Securities Depository by the Borough on the respective maturity dates and due dates and will be credited on the respective maturity dates and due dates to the participants of the Securities Depository as listed on the records of the Securities Depository as of each next preceding _________ and __________ (the "Record Dates" for the Bonds).  The Bonds shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under the official seal of the Borough (or facsimile thereof) affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Borough Clerk.

Section 6.         The Bonds shall be substantially in the following forms with such additions, deletions and omissions as may be necessary for the Borough to market the Bonds: