3009

Minutes from the January 2, 2010 Reorganization Meeting

of the South Plainfield Mayor and Council

The meeting was called to order at 12:00 Noon 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.  Those present were: Mayor Butrico, Council members Buteas, McConville, Petronko, Rusnak, Salerno and Scrudato.

After the Pledge of Allegiance, our National Anthem was sung by local resident Taylor Kurilew.    Rev. Charles Mingle offered the Invocation.

Mayor Butrico welcomed everyone to the annual Re-organization of the Governing Body and acknowledged special guests Congressman Leonard Lance from the 18^th Legislative District and Former governor Donald DiFrancesco as well as local officials from the Board of Ed and Borough.

Mayor Butrico introduced Congressman Leonard Lance who administered the Oath of Office to newly elected Council Members Matthew Anesh and Robert Bengivenga Jr.

Mayor Butrico invited outgoing Council President Ray Petronko and Councilman Joe Scrudato to share their comments on their terms of service to the Borough.  They each spoke of their own experience as Councilmen and offered their thanks to their families, friends and supporters and thanked everyone for the opportunity to serve the borough.

Councilman McConville made a motion to adjourn the 2009 Council; seconded by Councilman Rusnak. 

The 2009 Council retired and the 2010 Council took their places at the Council table.

Mayor Butrico called the 2010 Council to order and asked the Clerk to call the roll:

Present: Council Members Anesh, Bengivenga, Buteas, McConville, Rusnak and Salerno.

Mayor Butrico invited Congressman Leonard Lance to address the people gathered about the upcoming agenda for the Congress’ next session including air safety, health care, and the level of troops in Iraq and Afghanistan.

Former Governor DiFrancesco also addressed the public briefly and offered his congratulations and best wishes to the Council in the coming year.

Next, Mayor Butrico presented plaques to outgoing Council members Petronko and Scrudato for their years of service to the community.  The Mayor and members of the 2010 Council then offered their personal comments and thanks to both Ray and Joe for their hard work and dedication as members of the Borough Council and wished them every success in the future. 

Mr. Anesh made a motion to appoint DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer, P.C., 15 Mountain Boulevard, Warren, New Jersey 07059 to the position of Borough Attorney for 2010; seconded by Mr. Bengivenga.

RESOLUTION # 4

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

WHEREAS there exists a need for certain legal services for the Borough of South Plainfield for the year 2010, and                                                                                                                        3010

WHEREAS the Local Public Contract Law (N.J.S.A. 40A:11-1 et.seq) requires that the resolution authorizing the award of the contracts for "Professional Services" without competitive bidding must be publicly advertised; and

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

     DiFrancesco, Bateman, Coley, Yospin, Kunzman, Davis, Lehrer, P.C., 15 Mountain

     Boulevard, Warren, New Jersey 07059

2. This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.

     19:44A-20.4 et seq.

3. Health Benefits will not be provided as part of the compensation for the position of

     Borough Attorney.

4. A copy of this resolution shall be published in The Observer as required by law within ten

     days of its passage.

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

Mayor Butrico invited Attorney of Record Paul Rizzo, Esq. to come forward and take his place as Borough Attorney.

Mr. Bengivenga nominated Matt Anesh to the position of Borough Council President; seconded by Mr. Rusnak.

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

Former Governor DiFrancesco administered the Oath of Office to newly elected Council President Matthew Anesh.

Council President Anesh announced the Council Committee assignments for 2010 as follows:

Administration, Finance & Public Information

Raymond Rusnak, Chairman                             

Matthew Anesh & Robert Bengivenga, Jr.

Public Works

Timothy McConville, Chairman                         

Raymond Rusnak & Franky Salerno

Economic Development

Franky Salerno, Chairman                                            

Timothy McConville & Chrissy Buteas                 

Health, Welfare & Environment

Chrissy Buteas, Chairwoman   

Matthew Anesh & Raymond Rusnak

Public Safety

Matthew Anesh, Chairman                                            

Chrissy Buteas & Robert Bengivenga, Jr.

Recreation

Robert Bengivenga, Jr., Chairman

Franky Salerno & Timothy McConville                                                                                                                                    3011

Mayor Butrico gave his Annual Address (copy on file in the Clerk’s office) which began with a review of the accomplishments of 2009 and outlined the goals for 2010 with the top priority of keeping South Plainfield affordable.

Council President Anesh followed with the Majority Report for 2010 (copy on file in the Clerk’s office).  He outlined the Majority Party’s 3 top priorities for 2010 which are establishing a more cost effective government; providing “top notch” service to the borough’s taxpayers, and re-doubling efforts to control overdevelopment. 

Mayor Butrico announced his Mayoral appointments to the various Boards and Commissions. 

BY VIRTUE OF THE POWER VESTED IN ME AS MAYOR OF THE BOROUGH OF SOUTH PLAINFIELD, AND PURSUANT TO ORDINANCE #728 AND N.J.S.A.40:55D, I, CHARLES F. BUTRICO, JR., DO HEREBY APPOINT

Appointee                                Board                                                               Term ends     

John Koelble                             Environmental Commission                              12/31/2012

Chrissy Buteas, Liaison Environmental Commission                                           12/31/2010

Dorothy Miele, Chair                 Environmental Commission                               12/31/2010

Franky Salerno, Pl. Bd. Rep.       Environmental Commission                               12/31/2010

Jeffrey Williams                      Mayor’s Community Dev. Rep                             12/31/2010

Kathy Thomas                          Mayor’s Library Board Rep                                12/31/2010

Mary Beth Khidre                      Planning Board – Class II                                 12/31/2010

Daniel Gallagher                    Planning Board Class IV                                  12/31/2013

Paul Grzenda                           Planning Board Class IV                                    12/31/2013

John Mocharski                        Planning Board  Class IV                                    12/31/2013

Jon Dean                                 Planning Board – Alternate I                             12/31/2012

William Thomas                        Planning Board – Alternate II                            12/31/2013

William Cochrane                    Recreation Commission                                  12/31/2014

Salvatore Severini                     Recreation Commission Alternate I                     12/31/2014

Matthew Anesh, Liaison            Traffic Safety Advisory Commission                   12/31/2010

Matthew Anesh                       Mayor’s Representative – MCTCC                       12/31/2010   

The Municipal Clerk Administered Oath of Office.

Mr. Bengivenga made a motion to appoint the following persons to Boards & Commissions; seconded by Mr. Salerno:

BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, AND PURSUANT TO ORDINANCE #728 AND N.J.S.A. 40:55D THAT:

                                                                                                                      Term Expires

Raymond Rusnak                     Affordable Housing Committee Liaison               12/31/2010

Jack Pedersen                          Business Advisory Group                                 12/31/2012

Debbie Leporino                     Business Advisory Group                                 12/31/2012

Don Duffy                                Business Advisory Group                                12/31/2012

Mary Beth Khidre                    Business Advisory Group (Zoning)                     12/31/2010

T & M Assoc.                          Business Advisory Group (Engineer)                  12/31/2010

Chrissy Buteas                         Environmental Commission Liaison                     12/31/2010

Franky Salerno                         Environmental Comm. /Planning Bd. Liaison       12/31/2010

Dr. Alice Tempel                       Greenbrook Flood Control                                12/31/2010

T & M Assoc.                           Greenbrook Flood Control – Alt I                         12/31/2010

Tim McConville                         Greenbrook Flood Control – Alt II                       12/31/2010

Robert Bengivenga, Jr.             Council’s HCD Representative                            12/31/2010

Franky Salerno                         Planning Board – Class III                               12/31/2010

Robert Bengivenga, Jr.             Office on Aging Advisory Board Liaison               12/31/2010

Wally Schuff                            Office on Aging Advisory Board                        12/31/2012

Linda Fiore                              Office on Aging Advisory Board                         12/31/2012

Matthew Anesh                        Traffic Safety Advisory Comm. Liaison               12/31/2010

Matthew Anesh                        Truck by Pass Committee Liaison                      12/31/2010                                                                                                                                    3012

Robert Bengivenga Jr.                Shared Services Committee                              12/31/2010

Raymond Rusnak                      Shared Services Committee                              12/31/2010

are hereby appointed to the Board/Commission so indicated in this resolution.

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

The Municipal Clerk Administered Oath of Office to these appointees.

Mr. Anesh made a motion to the following list of Mayoral Appointments with Advise and Consent of Council; seconded by Mr. Salerno:

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

                                                                                                                    Term Expires

Kenneth Reisch                         Cultural Arts Committee                                  12/31/2012

Eleanor A. Reisch                      Cultural Arts Committee                                  12/31/2012

Pam Stefanek                           Cultural Arts Committee                                 12/31/2012

Jacqueline Jackson                    Cultural Arts Committee                                  12/31/2012

Walter Kalman                        Health Advisory Board                                     12/31/2012

Happy Hylkema                        Health Advisory Board                                     12/31/2012

Dr. Anthony Loomis                  Health Advisory Board                                    12/31/2012

Gary Jones                              Library Board of Trustees                                12/31/2014

Virginia Popik                          Library Board of Trustees                                12/31/2014

Eleanor Haines                        Library Board of Trustees                                  12/31/2014

Patricia Massey                       Library Board of Trustees – Bd. of Ed Rep.           12/31/2010

John Sorrentino                       Public Celebrations                                           12/31/2012

Debbie Boyle                         Public Celebrations                                          12/31/2012

Christine Buteas                     Public Celebrations                                           12/31/2012

Timothy Morgan                     Traffic Safety Advisory   – Bd. of Ed                     12/31/2012

Lt. Kevin Murtagh                 Traffic Safety Advisory – Police Rep                     12/31/2010

Bobby Capparelli                    Traffic Safety Advisory   – DPW Rep.                   12/31/2010

Peter Richkus                        Traffic Safety Advisory Commission                     12/31/2012

Cathy Feeney                         Traffic Safety Advisory Commission                    12/31/2012

Robert Bengivenga, Jr.          Youth Guidance Council – Council Liaison             12/31/2010

Officer Christopher Colucci      Youth Guidance Council – Police Rep.                 12/31/2010

Sal Esposito                          Zoning Board of Adjustment – Alt I                     12/31/2013

are hereby appointed to the Board/Commission so indicated in this resolution.

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

The Municipal Clerk Administered Oath of Office to these appointees.

Mr. Bengivenga made a motion to approve Special Appointments, Resolutions 11-1 through 11-13; seconded by Mr. Rusnak. All resolutions begin with  BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

11-1     Insurance Broker/Consultant – Bruce Kaplan

WHEREAS, the Borough of South Plainfield is in need of retaining an insurance brokerage and consulting firm that will handle the implementation of the employee benefits as well as negotiation with the various benefit providers for the year 2010; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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:

                                                                                                                                        3013

1. The Mayor and Municipal Clerk are hereby authorized to execute an agreement with

     Bruce L. Kaplan, 12 Back Drive, Edison, NJ  08817

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. Health Benefits will not be provided as part of the compensation package for this            position.

11-2     Borough Auditor – Suplee, Clooney & Co.

WHEREAS, there exists a need for the services of a Registered Municipal Auditor to conduct an audit of the Borough of South Plainfield, and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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      Suplee, Clooney and Co., 308 E. Broad Street, Westfield, NJ  07090

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.

11-3     Borough Prosecutor – Thomas Lanza, Esq. & Paul Garelick, Esq.

WHEREAS, in conformance with public laws of the state of New Jersey, 1996, c.95, sect. 14, THOMAS LANZA and PAUL GARELICK, attorneys at law of the State of New Jersey, are hereby appointed MUNICIPAL PROSECUTORS for calendar year 2010 under the supervision of the Attorney General or the County Prosecutor who may represent the State, County or Municipality in any matter within the jurisdiction of the Central Municipal Court or any other Municipal Court:

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

      Thomas Lanza, Esq., 2416 Plainfield Avenue, South Plainfield, NJ 07080 and

            Paul Garelick, Esq., 1862 Oak Tree Road, Edison, NJ 08820 for calendar year 2010

2. This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.19:44A-20.4 et seq.

3.  Health Benefit coverage will not be provided as part of the compensation package for the position of Municipal Prosecutor.

4. A copy of this resolution shall be published in The Observer as required by law within ten days of its passage.

11-4     Public Defender – Edward J. Santoro, Jr., Esq.

Edward Santoro, Esq. is hereby appointed Public Defender for a one (1) year term expiring on December 31, 2010 at a salary as set forth in the Borough salary ordinance.

BE IT FURTHER RESOLVED that health benefits are not being provided as part of the compensation for this position.

                                                                                                                                   3014    

11-5      Tax Search Officer – Kim Clifford is hereby appointed Tax Search Officer for the year 2010.

11-6     Borough Bond Counsel – McManimon & Scotland, LLC

WHEREAS there exists a need for the services of bond counsel for the Borough of South Plainfield, and

WHEREAS the Local Public Contract Law (N.J.S.A. 40A:11-1 et.seq) requires that the resolution authorizing the award of the contracts for "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

McManimon & Scotland, LLC, One Riverfront Plaza, Fourth Floor, Newark, New Jersey 07102-5408, as Bond Counsel for 2010.   

2. This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.      19:44A-20.4 et seq.

3. Health Benefits will not be provided as part of the compensation for the position of Bond

    Counsel.

4. A copy of this resolution shall be published in The Observer as required by law within ten

    days of its passage.

11-7     Borough Appraiser – Sterling, DiSanto and Associates

WHEREAS the Borough of South Plainfield requires the services of a licensed appraisal company for the year 2010; and

WHEREAS the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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.      This Mayor and Municipal Clerk are hereby authorized to execute an agreement with

     Sterling, DiSanto and Associates, 145 West End Ave, PO Box 977, Somerville, NJ 

     08876

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.

11-8     Borough Engineer – T & M Associates

WHEREAS the Borough of South Plainfield in need of retaining an engineering firm to act as Borough Engineer for the year 2010; and

WHEREAS the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts as “Professional Services” without competitive bidding must be publicly advertised:

  3015

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 T &

M Associates, 11 Tindall Road, Middletown, NJ  07748 for calendar year 2010.

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.

11-9     Borough Planner – T & M Associates

WHEREAS the Borough of South Plainfield in need of retaining an engineering firm to act as Borough Planner for the year 2010; and

WHEREAS the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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 T &

M Associates, 11 Tindall Road, Middletown, NJ  07748 for calendar year 2010.

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.

11-10   Environmental Engineer – Maser Consulting, PA

WHEREAS, the Borough of South Plainfield in need of retaining an engineering firm for matters dealing with site assessments, site remediation and Brownfields development and for all matters regulated by the New Jersey Department of Environmental Protection, including the Suburban Transit Bus Co. property, for the year 2010; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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

Maser Consulting, PA, 331 Newman Springs Road, Red Bank, NJ  07701

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.

11-11   Redevelopment Attorney – McManimon & Scotland, LLC

WHEREAS, there exists a need for certain legal services to deal with various matters of

Redevelopment for the year 2010, and

   3016

WHEREAS, the Local Public Contract Law (N.J.S.A. 40A:11-1 et.seq) requires that the resolution authorizing the award of the contracts for "Professional Services" without competitive bidding must be publicly advertised; and

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   

     McManimon & Scotland, LLC, One Riverfront Plaza, Fourth Floor, Newark, New Jersey

     07102-5408 as Redevelopment Attorney for the year 2010 (excluding Progressive

     Insurance)

2. This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.

     19:44A-20.4 et seq.

3. Health Benefits will not be provided as part of the compensation for the position of

    Redevelopment Attorney.

4. A copy of this resolution shall be published in The Observer as required by law within ten

    days of its passage.    

11-12  Redevelopment Attorney – Progressive Insurance project - Scarinci Hollenbeck

WHEREAS, there exists a need for certain legal services to deal with the Progressive Insurance Redevelopment project for the year 2010, and

WHEREAS, the Local Public Contract Law (N.J.S.A. 40A:11-1 et.seq) requires that the resolution authorizing the award of the contracts for "Professional Services" without competitive bidding must be publicly advertised; and

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   

    Scarinci Hollenbeck, 1100 Valley Brook Ave, Lyndhurst, NJ  07071 to serve a the Borough

    Redevelopment Attorney for the year 2010 dealing with the Progressive Insurance site.

2. This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.

     19:44A-20.4 et seq.

3. Health Benefits will not be provided as part of the compensation for the position of

    Redevelopment Attorney.

4. A copy of this resolution shall be published in The Observer as required by law within ten

    days of its passage.

11-13   Condemnation Counsel –Florio, Perrucci, Steinhardt & Fader

WHEREAS, there exists a need for certain legal services dealing with Condemnation for the year 2010, and

WHEREAS, the Local Public Contract Law (N.J.S.A. 40A:11-1 et.seq) requires that the resolution authorizing the award of the contracts for "Professional Services" without competitive bidding must be publicly advertised; and

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 the

      Legal firm of Florio, Perrucci, Steinhardt & Fader to provide legal services as

                                                                                                                             3017

      Condemnation Counsel for the Borough for the year 2010.

2.      This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.

      19:44A-20.4 et seq.

3.      Health Benefits will not be provided as part of the compensation for the position of

Borough Attorney.

4.   A copy of this resolution shall be published in The Observer as required by law within

     ten days of its passage.

11-14   Truck By-Pass Engineer –   Remington, Vernick and Vena Engineering

WHEREAS, the Borough of South Plainfield in need of retaining an engineering firm for matters dealing with the Truck By-Pass project being supervised by the Ad Hoc Committee for the year 2010; and

WHEREAS, the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) requires that the resolution authorizing the award of the contracts 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

    Remington, Vernick and Vena Engineering to provide Engineering Services for the year

    2010 on the Truck By-Pass 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.

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

Mr. Salerno made a motion to approve Special Resolutions # 12-1 through 12-8; seconded by Mr. Bengivenga as follows. All resolutions begin with   BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF SOUTH PLAINFIELD, NEW JERSEY, THAT:

12-1      Rules of Order and By-Laws (copy on File with Clerk)

12-2      Authorized Check Signers – Mayor, Clerk & CFO

the following individuals are hereby authorized to sign checks or withdrawal slips where a combination of three (3) principal signatures are required:

MAYOR, MUNICIPAL CLERK and CHIEF FINANCIAL OFFICER

BE IT FURTHER RESOLVED that the signature cards with the signatures of said individuals authorized to sign be forwarded to all bank depositories.

12-3      2010 Official Newspapers

the following be and are herby officially declared to be the official newspapers for the purpose of publishing official advertisements for the Borough of South Plainfield:

The Observer, The Home News Tribune and The Courier News

BE IT FURTHER RESOLVED that the listing of said newspaper herein shall not preclude additional advertising in other newspapers not eligible for declaration as official newspapers.

  3018

12-4      2010 Employee Holidays

the calendar of employee holidays for the year 2010 be adopted as follows:

January 1, 2010                                     Friday                           New Year’s Day

January 18, 2010                                   Monday                         Martin Luther King

February 12, 2010                                 Friday                           Lincoln’s Birthday

February 15, 2010                                  Monday                        President’s Day

April 2, 2010                                         Friday                           Good Friday

May 31, 2010                                        Monday                         Memorial Day

July 5, 2010                                          Monday                         Independence Day

September 6, 2010                                 Monday                         Labor Day (Except Police
                                                                                            Officers)

October 11, 2010                                   Monday                         Columbus Day

November 2, 2010                                 Tuesday                         Election Day (Police
                                                                                             Only)

November 11, 2010 (Observed)                Thursday                       Veteran’s Day

November 25, 2010                                 Thursday                       Thanksgiving Day

December 24, 2010                                  Friday                           Christmas Day

December 31, 2010                                  Friday                           New Years Day                                                                       

BE IT FURTHER RESOLVED that should the approved holidays be changed due to contract negotiations, this schedule will be adjusted accordingly; and

BE IT FURTHER RESOLVED that any day designated by the Governor of the State of New Jersey or the President of the United States be also designated a holiday. Those holidays falling on Saturday shall be observed on Friday and those holidays falling on Sunday shall be observed on Monday.

12-5      Fix Rates of Interest on Taxes and Sewer

WHEREAS N.J.S.A. 54:4-67 permits the Governing Body of each municipality to fix the rate of interest to be charged for the non-payment of taxes or assessments subject to any abatement or discount for the late payment of taxes and assessments provided by law; and

WHEREAS N.J.S.A. 54:4-67 has been amended to permit the fixing of said rate of 8% per annum on the first $1,500 of the delinquency and 18% per annum on any amount in excess of $1,500 and allows an additional penalty of 6% be collected against a delinquency in excess of $10,000 on properties that fail to pay the delinquency prior to the end of the fiscal year; and

WHEREAS N.J.S.A. 40A:14b-41 permits the rate of interest for delinquent charges or payments on the Sewer Utility be 1 ½% per month on any amount provided, however, that a grace period of 10 calendar days from the due date is hereby granted and provided further, that if such installment is not made within 10 days of the due date then interest shall be charged from the original due date; and

WHEREAS “delinquency” means the sum of all taxes and other municipal charges due on a given parcel of property covering any number of quarters or years.

NOW THEREFORE BE IT RESOLVED on the 2^nd day of January, 2010, that:

1.      The Tax Collector is hereby authorized and directed to charge 8% per annum on the first $1,500 of taxes and assessments becoming delinquent after the due date and 18% per annum on any amount of taxes and assessments in excess of $1,500 of taxes becoming delinquent after the due date and if a delinquency is in excess of $10,000 and remains in arrears beyond June 30, and additional penalty of 6% shall be charged against the delinquency.

2.      Effective January 1, 2010 there will be a ten (10) day grace period for quarterly tax, sewer and annual assessment payments made by cash, check, money order, credit card or debit card.

3.      Any payments not made in accordance with Paragraph 2 of this resolution shall be charged interest from the due date as set forth in Paragraph 1 of this resolution.

In the event that a service charge of any municipal authority with regard to any parcel of real property shall not be paid as and when due, interest shall accrue and be due to the municipal                                                                                                                                  3019

 authority on the unpaid balance at a rate of 18% per annum until such service charge, and the interest thereon, shall be fully paid to the municipal authority

12-6      2010 Agenda and Public Meeting Schedule

The following dates are hereby approved as meeting dates for the Mayor and Council:

Agenda Meeting                                 Public Meeting

                         (Reorganization)                                       January 2, 2010

                                    January 4, 2010                                     January 4, 2010

                                    January 19, 2010 Tuesday                              January 19, 2010

                                    February 1, 2010                                    February 1, 2010

                                    February 16, 2010 Tuesday                             February 16, 2010

                                    March 1, 2010                                       March 1, 2010

                                    March 15, 2010                                      March 15, 2010

                                    April 5, 2010                                         April 5, 2010

                                    April 19, 2010                                       April 19, 2010

                                    May 3, 2010                                        May 3 2010

                                    May 17, 2010                                             May 17, 2010

                                    June 7, 2010                                         June 7, 2010

            June 21, 2010                                       June 21, 2010

            July 12, 2010                                        July 12, 2010

            August 16, 2010                                    August 16, 2010

September 7, 2010 Tuesday                                   September 7, 2010

September 20, 2010                                          September 20, 2010

October 4, 2010                                               October 4, 2010

October 18, 2010                                              October 18, 2010

November 8, 2010                                             November 8, 2010

November 22, 2010                                           November 22, 2010

December 6, 2010                                           December 6, 2010

December 20, 2010                                          December 20, 2010

All Agenda Meetings begin at 7:00pm followed immediately by the Public Meeting, unless otherwise noted.

All meetings of the Governing Body are held in accordance with the New Jersey Open Public Meetings Act (N.J.S.A. 10:4-6 et seq.) in the Council Chambers at 2480 Plainfield Avenue, South Plainfield, New Jersey.

12-7      2010 Cash Management Plan

WHEREAS, NJSA 40A: 5-14 mandates that a Governing body of a municipal corporation shall, by resolution passed by a majority vote of the full membership thereof, designate as a depository for its monies a bank or trust company having its place of business in the state and organized under the laws of the United States or this state; and

WHEREAS, NJSA 40A: 5-15.1 amended by Chapter 148, P.L. 1997 established new requirements for the investment of public funds and adoption of a cash management plan for counties, municipalities and authorities; and

WHEREAS, the Borough Council of the Borough of South Plainfield, County of Middlesex wish to comply with the above statutes;

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of South Plainfield, County of Middlesex adopts the following cash management plan, including the official depositories for the Borough of South Plainfield, County of Middlesex for the period January 1, 2010 through December 31, 2010.

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CASH MANAGEMENT PLAN OF THE

BOROUGH OF SOUTH PLAINFIELD,

COUNTY OF MIDDLESEX

I.           STATEMENT OF PURPOSE

This Cash Management Plan (the “Plan”) is prepared pursuant to the provisions of N.J.S.A. 40A: 5-14 in order to set forth the basis for the deposits (“Deposits”) and investment (“Permitted Investments”) of certain public funds of the Borough of South Plainfield, pending the use of such funds for the intended purposes.  The Plan is intended to assure that all public funds identified herein are deposited in interest bearing Deposits or otherwise invested in Permitted Investments hereinafter referred to.  The intent of the Plan is to provide that the decisions made with regard to the Deposits and the Permitted Investments will be done to insure the safety, the liquidity (regarding its availability for the intended purposes), and the maximum investment return within such limits.  The Plan is intended to insure that any Deposit or Permitted Investment matures within the time period that approximates the prospective need for the funds deposited or invested so that there is not a risk to the market value of such Deposits or Permitted Investments.                                                  

II.                          IDENTIFICATION OF FUNDS AND ACCOUNTS TO BE COVERED

BY THE PLAN

A.                  The plan is intended to cover all deposits and/or all investments of the funds of the Borough of South Plainfield including but not limited to:

Current Operating

Claims Checking Account

Payroll

State Aid

Sewer Utility Operating

Sewer Capital Account

Pool Operating

Pool Capital

Developers’ Escrow Trust Funds

COAH Trust

Municipal Court General Account

Municipal Court Bail Account

Assessment Trust Fund

Collectors Trust Fund

Green Trust Accounts

General Capital Account

Recreation Trusts Account

III.                       DESIGNATION OF OFFICIALS AUTHORIZED TO MAKE DEPOSITS AND INVESTMENTS UNDER THE PLAN

The Chief Financial Officer (the “Designated Official”) is hereby authorized and directed to deposit and/or invest the funds referred to in the Plan.   Prior to making any such Deposits or any Permitted Investments, such officials of the Borough of South Plainfield are directed to supply to all depositories or any other parties with whom the Deposits or Permitted Investments are made a written copy of this Plan which shall be acknowledged in writing by such parties and a copy of such acknowledgement kept on file with such officials.

The Chief Financial Officer is further authorized to make interfund transfers between the Township Funds as may be necessary from time to time.  The Chief Financial Officer is authorized to make such transfers and/or any and all payments by wire transfer as necessary.

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IV.                              DESIGNATION OF DEPOSITORIES

The following banks and financial institutions are hereby designated as official depositories for the Deposit of all public funds referred to in the Plan, including any certificates of deposit which are not otherwise invested in Permitted Investments as provided for in this Plan:

Commerce Bank

Skylands Bank

Wachovia Bank

Valley National Bank

PNC Bank

Chase Bank

Columbia Savings

Bank of America

Unity Bank

Money Market Investment Accounts and/or Certificates of Deposit

Commerce Bank

Chase Bank

Wachovia Bank

Bank of America

Unity Bank

MBIA-Class Management Unit Trust

NJ ARM Program

NJ Cash Management Fund

Skylands Bank

PNC Bank

Columbia Bank

Valley National Bank

All such depositories shall acknowledge in writing receipt of this Plan by sending a copy of such acknowledgement to the Designated Official(s) referred to in Section III above.                         

V.                                          DESIGNATION OF BROKERAGE FIRMS AND DEALERS WITH WHOM THE DESIGNATED OFFICIALS MAY DEAL.

The following brokerage firms and/or dealers and other institutions are hereby designated as firms with whom the Designated Official(s) of the Borough of South Plainfield referred to in this Plan may deal for purposes of buying and selling securities identified in this Plan as Permitted investments or otherwise providing for Deposits.   All such brokerage firms and/or dealers shall acknowledge in writing receipt of this Plan by sending a copy of such acknowledgement to the Designated Official (s) referred to in Section III above.

Commerce Capital

Commerce Bank

Skylands Bank

Bank of America

MBIA

New Jersey Cash Management

VI.                    AUTHORIZED INVESTMENTS

Except as otherwise specifically provided for herein, the Designated Official is hereby authorized to invest the public funds covered by this Plan, to the extent not otherwise held in Deposits, in the following Permitted Investments:

(1)                                        Bonds or other obligations of the United States of America or obligations guaranteed by the United States of America;

Government money market mutual funds;

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(2)                                        Any obligation that a federal agency or a federal instrumentality has issued in accordance with an act of Congress, which security has a maturity date not greater than 397 days from the date of purchase, provided that such obligation bears a fixed rate of interest not dependent on any index or other external factor;

(3)                                        Bonds or other obligations of the Local Unit or bonds or other obligations of the school districts of which the Local Unit is a part or within which the school district is located;

(4)                                        Bonds or other obligations, having a maturity date not more than 397 days from the date of purchase, approved by the Division of Investment of the Department of the Treasury for investment by Local Units;

(5)                                        Local government investment pools;

(6)                                        Deposits with the State of New Jersey Cash Management Fund established pursuant to section 1 of P.L.1977, ch. 281 (C.52: 18A-90.4); or

(7)                     Agreements for the repurchase of fully collateralized securities if:

(a)                 The underlying securities are permitted investments pursuant to paragraphs (1) and (3) of this subsection a:

(b)                The custody of collateral is transferred to a third party;

(c)                 The maturity of the agreement is not more than 30 days;

(d)                The underlying securities are purchased through a public depository as defined in section 1 of P.L. 1970, c.236 (C.17: 19-41); and

(e)         A master repurchase agreement providing for the custody and security of collateral is executed.

For purposes of the above language, the terms “governmental money market mutual fund” and “local government investment pool” shall have the following definitions:

Government Money Market Mutual Fund

An investment company or investment trust:

(a)                 Which is registered with the Securities and Exchange Commission under the “Investment Company Act of 1940,” 15 USC sec. 80a-1 et seq., and operated in accordance with 17 CFR sec. 270.2a-7.

(b)                The portfolio of which is limited to U.S. Government securities that meet the definition of any eligible security pursuant to 17 C.F.R. sec 270.2a-7 and repurchase agreements that are collateralized by such U.S. Government securities; and

(c)                 Which has:

(1)                Attained the highest ranking or the highest letter and numerical rating of a nationally recognized statistical rating organization; or

(2)                Retained an investment advisor registered or exempt from registration with the Securities and Exchange Commission pursuant to the “Investment Advisors Act of 1940,” 15 U.S.C. sec 80b-1 et seq., with experience investing in U.S. Government securities for at least the most recent past 60 months and with assets under management in excess of $500 million.

Local Government Investment Pool

An investment pool:

(a)                 Which is managed in accordance with 17 C.F.R. sec 270.2a-7;

(b)                Which is rated in the highest category by a nationally recognized statistical rating organization;

(c)                 Which is limited to U.S. Government securities that meet the definition of an eligible security pursuant to 17 C.F.R. sec. 270.2a-7 and repurchase agreements that are collateralized by such U.S. Government securities 

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(d) Which is in compliance with rules adopted pursuant to the “Administrative     

      Procedure Act,” P.L. 1968, c.410 (c.52: 14B-1 et seq.) by the Local Finance Board    

      of the Division of Local Government Services in the Department of Community

     Affairs, which rules shall provide for disclosure and reporting requirements and   

     other provisions deemed necessary by the board to provide for the safety, liquidity   

      and yield of the investment;

(e) Which does not permit investments in instruments that:  are subject to high price volatility with changing market conditions; cannot reasonably be expected at the time of interest rate adjustment, to have a market value that approximates their par value, or net asset value; and

(f)  Which purchases and redeems investments directly from the issuer, government money    

      market mutual fund, or the State of New Jersey Cash Management fund, or through the        use

      of a National or State bank located within this State, or through a broker-dealer which,        at

      the time of purchase or redemption, has been registered continuously for a period of at        least

      two years pursuant to section 9 of P.L. 1967 c.9 (C49: 3-56) and has at least $25         million in

      capital stock (or equivalent capitalization if not a corporation), surplus reserves for

      contingencies and undivided profits, or through a securities dealer who makes primary

      markets in the U.S. Government securities and reports daily to the Federal Reserve        Bank of

      New York its position in and borrowing on such U.S. Government Securities.

VII.            SAFEKEEPING CUSTODY PAYMENT AND ACKNOWLEDGEMENT OF RECEIPT OF PLAN.    

To the extent that any Deposit or Permitted Investment involves a document or security which is not physically held by the Borough of South Plainfield, then such instrument or security shall be covered by a custodial agreement with an independent third party, which shall be a bank or financial institution in the State of New Jersey.   Such institution shall provide for the designation of such investments in the name of the Borough of South Plainfield to assure that there is no unauthorized use of the funds or the Permitted Investments that involve Securities shall be executed by a “delivery versus payment” method to insure that such Permitted Investments are either received by the Borough of South Plainfield or by a third party custodian prior to or upon the release of the Borough of South Plainfield’s funds.

To assure that all parties with whom the Borough of South Plainfield deals either by way of Deposits or Permitted Investments are aware of the authority and the limits sets forth in the Plan, all such parties shall be supplied with a copy of this Plan in writing and all such parties shall acknowledge the receipt of that Plan in writing, a copy of which shall be on file with the Designated Official(s)

VIII.         REPORTING REQUIREMENTS

At the public meeting of each month during which this Plan is in effect, the Designated Official(s) referred to in Section III hereof shall supply to the governing body of the Borough of South Plainfield a written report of any Deposits or Permitted Investments made pursuant to this Plan, which shall include, at a minimum, the following information:

A.         The name of any institution holding funds of the Borough of South Plainfield as a Deposit or a Permitted Investment.

B.          The amount of securities or Deposits purchased or sold   during the immediately preceding month.

C.        The class or type of securities purchased or Deposits made

D.                  The book value of such Deposits or Permitted Investment

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E.          The earned income on such Deposits or permitted Investments.  To the extent that such amounts are actually earned at maturity, this report shall provide an accrual of such earnings during the immediately preceding month.

F.          The fees incurred to undertake such Deposits or Permitted Investments.

G.         The market value of all Deposits or Permitted Investments as of the end of the immediately preceding month.

H.         All other information which may be deemed reasonable from time to time by the governing body of the Borough of South Plainfield.

IX.               TERM OF THE PLAN

This plan shall be effective January 1, 2009 through December 31, 2009.  The Plan may be amended from time to time as necessary.

To the extent that any amendment is adopted by the Borough Council, the Designated Official is directed to supply copies of the amendments to all of the parties who otherwise have received the copy of the originally approved Plan, which amendment shall be acknowledged in writing in the same manner as the original Plan was so acknowledged.

12-8           Authorize Mayor to be the official signer on all Borough documents

the Mayor and Municipal Clerk are hereby authorized to sign all documents pertaining to the Department of Environmental Protection on behalf of the Borough.

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

Mayor Butrico opened the meeting to the public for their comment.  Seeing none, Mayor Butrico closed the public portion, thanked the public for attending and called for a motion to adjourn.  So moved by Mr. McConville and seconded by Mr. Anesh.

Respectfully submitted,

Joann L. Graf, RMC

Municipal Clerk