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Borough of South Plainfield
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Minutes from the
of the
The meeting was called to order at
Clerk Graf called the roll. Present were Council Members: Anesh, Bengivenga,
Buteas, McConville, Rusnak, and
Mr. McConville made a motion to accept the
Agenda, Public and Executive Minutes of
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Mayor Butrico opened the meeting for public comment on Agenda items only.
Mr.
Bergen commented on the
Nancy
Grennier asked how the computer service change would affect the Business Asso. and was
assured it would not affect them.
Ms.
Buteas asked why two totally different purchases would be combined into one ordinance
pointing out the fact that a Council member might agree with one purchase and disagree
with the other and therefore would be forced to vote for something you are not in favor
of. The pros and cons were discussed briefly.
Clerk Graf read Ordinance # 1882 by title only for Public Hearing and final adoption
as follows:
#1882 entitled: An Ordinance revising and amending Chapter 131, Alarm Systems, of the
Code of the Borough of
As this is a final reading, Mayor Butrico opened the public hearing on Ordinance # 1889.
There were public comments so Mayor Butrico closed the Public Hearing and called for a motion.
Mr. Rusnak made a motion to adopt Ordinance # 1882, seconded by Ms. Buteas as follows:
BE IT ORDAINED by
the Mayor and Council of the Borough of South Plainfield,
SECTION 131-1. PURPOSE.
The purpose of this chapter is to provide for the regulation and control of the
installation, operation and maintenance of private alarm systems within the Borough of
SECTION 131-2. APPLICABILITY.
The provisions of this Chapter shall apply to any person who operates, maintains or
owns any alarm system designed to summon the police or other municipal agencies (excepting
the Fire Department) to any location in response to any type of alarm signal. The terms of this Chapter shall in no way prohibit
alarm companies from providing service by private source to other offices within or
without the Borough of South Plainfield, as long as the person complies with the
applicable provisions of this Chapter.
SECTION 131-3. DEFINITIONS.
As used in this Chapter, the hereinafter defined words and phrases shall have the
following meanings:
Alarm Device
Any type of alarm designed to provide an alarm signal.
Alarm System
The installation in one or more buildings of one or more alarm devices or local
alarms for the express purpose of giving visual or audible warning, or both, of an
emergency, such as holdup, burglary, intrusion, flood or the like. Devices giving warning of fire or smoke are
excluded from this Ordinance.
False Alarm
Any alarm or non-emergency 911 calls actuated by inadvertence, negligence or
unintentional act of someone other than an intruder and shall include alarms or
non-emergency 911 calls caused by malfunctioning of an alarm device, alarm system or other
relevant equipment. Any alarm or non-emergency
911 calls actuated intentionally or by inadvertence, negligence, unintentional act.
[Amended
Local (or Private) Alarm
Any mechanism that constitutes, in whole or in part, an alarm system that is
operated by a private company, entity, or person at a location other than the property of
the Borough of South Plainfield, any of its agencies, or the Board of Education of South
Plainfield.
Occupant
A person in possession of premises in or upon which an alarm system exists.
Permittee
A person holding a permit to install, operate or maintain an alarm system that
employs an alarm device.
Person
Any natural person, corporation, partnership, association or any other
organization.
SECTION 131-4. REGISTRATION OF PRIVATE ALARMS.
No person shall install, operate or maintain any alarm system unless the alarm
system has been registered with the Police Department.
The alarm system of each permittee shall be deemed registered at such time as
permits for the system are issued, all necessary inspections are completed and approved,
and the occupant of the building or store in which it is installed shall have filed with
the Chief of Police a registration form which shall include, among other data, the
location of the device, name of the installer of said device, the type of device,
provisions relating to false alarms and testing procedures, a list of persons to be
contacted in the event of an alarm, name of persons or company maintaining the alarm
system, and any other information as may be required by the Chief of Police.
No further renewal registration shall be required unless and until there has
occurred any material change in the information previously submitted with respect to any
alarm system. It shall be the duty of the
occupant of a building or store served by an alarm system within ten (10) calendar days
after a change in information previously submitted to the Borough of South Plainfield
shall have caused to be filed a supplemental or revised registration containing accurate
current information with respect to the data required by the registration form.
The alarm company of each local or private alarm system shall pay to the Borough of
South Plainfield an initial fee of $25.00 to cover the costs of permits, registration and
additional records required to be maintained. Such
fee shall be for the protection of the owners of local and private alarms and to ensure
compliance with this Chapter.
All outside and audible alarms shall be installed with an automatic cutoff after
sounding for a period not to exceed fifteen (15) minutes.
SECTION 131-5. FALSE ALARMS; PENALTIES; DISCONNECTIONS.
A. Any
person, company, business or other applicable entity who operates, maintains and/or owns
any alarm device or alarm system designed to summon the Police Department, or other
governmental agency (excepting the Fire Department) to any location or response to any
type of alarm signal shall be responsible for the proper functioning of the equipment and
for any false alarm, and shall be assessed the following penalties:
1.
For the first four (4) false alarms in any calendar year, no fee shall be
assessed. A written warning shall be issued to
the property owner or business proprietor upon the fourth (4th) false alarm;
2.
For the fifth (5th) false alarm in any calendar year, the
property owner or business proprietor shall pay a fine of $25.00 per residential property,
and $50.00 for commercial property;
3.
For the sixth (6th) false alarm in any calendar year, the
property owner or business proprietor shall pay a fine of $50.00 per residential property,
and $75.00 for commercial property;
4.
For the seventh (7th) false alarm in any calendar year, the
property owner or business proprietor shall pay a fine of $75.00 per residential property,
and $100.00 for commercial property;
5.
For the eighth (8th) and any subsequent false alarms in any
calendar year, the property owner or business proprietor shall pay a fine of $100.00 per
residential property, and $200.00 for commercial property;
B.
In the event there are ten (10) or more false alarms in any calendar year,
the property owner or business proprietor shall not be entitled to non-assessed false
alarms for the following calendar year, and the property owner or business proprietor
shall pay fees as listed in Section A, Subsections 2 through 5, for false alarms.
C. All fees
for false alarms as set forth herein are to be paid in full within thirty (30) days of
receipt of notice. Failure to pay such fees
would preclude the non-assessment of fees for
the first four (4) false alarms in the next period of twelve (12) consecutive months, and
the property owner or business proprietor shall pay a fine of $100.00 for residential
property, and $200.00 for a commercial property for each and every false alarm in the next
calendar year until all fees and penalties have been paid.
In addition to the foregoing, the Borough of South Plainfield may take any other
civil or criminal action as provided by this Ordinance and State law.
D. For
any other violation of this Section, the violator may be required to perform community
service of up to thirty (30) days, or pay a fine of up to $1,000.00, or both. In the case of a continuing violation, the violator
may be found guilty of as many separate offenses or counts as the number of days he is
proved to have continued in violation of this Chapter.
SECTION 131-6. RULE MAKING AUTHORITY.
The Chief of Police may, from time to time, promulgate rules and regulations
supplementing this Chapter in order to provide for record keeping and efficient management
of said system.
This Ordinance shall take effect upon final passage and publication in accordance
with
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Clerk Graf read Ordinance # 1890 by title only for Public Hearing and final adoption
as follows:
#1890 entitled: Bond Ordinance providing for various capital improvements of the
Borough of
appropriating the aggregate amount of $812,000 therefor and authorizing
the issuance of $430,000 bonds or notes of the borough to finance part of
the cost thereof.
Mr. Anesh made a motion to adopt Ordinance # 1890, seconded by Mr. McConville as follows:
BE IT ORDAINED BY THE BOROUGH
COUNCIL OF THE BOROUGH OF SOUTH PLAINFIELD, IN THE COUNTY OF MIDDLESEX,
Section i)
The several improvements described in Section 3 of this bond ordinance are hereby
respectively authorized to be undertaken by the Borough of South Plainfield, in the
Section ii) In order to finance the cost of the several improvements or purposes not covered by application of the several down payments and in anticipation of receipt of the State Grant, negotiable bonds are hereby authorized to be issued in the principal amount of $430,000 pursuant to the Local Bond Law. In anticipation of the issuance of the bonds, negotiable bond anticipation notes are hereby authorized to be issued pursuant to and within the limitations prescribed by the Local Bond Law.
Section iii) The several improvements hereby authorized and the several purposes for which the bonds are to be issued, the estimated cost of each improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each improvement and the period of usefulness of each improvement are as follows:
____Purpose____ |
Appropriation and Estimated ____Cost____ |
Estimated Maximum Amount of Bonds or ____Notes____ |
Period of Usefulness |
a) |
$675,000 (includes the $365,000 State of New Jersey Department of Transportation Grant)
|
$300,000
|
10 years |
b) The acquisition of a front end loader, including all related costs and expenditures incidental thereto. |
$137,000 |
$130,000 |
15 years |
TOTALS |
$812,000 |
$430,000 |
The excess of the appropriation made for each of the improvements or purposes aforesaid over the estimated maximum amount of bonds or notes to be issued therefor, as above stated, is the amount of the down payment for each purpose.
Section iv) All bond anticipation notes issued hereunder shall mature at such times as may be determined by the chief financial officer; provided that no note shall mature later than one year from its date. The notes shall bear interest at such rate or rates and be in such form as may be determined by the chief financial officer. The chief financial officer shall determine all matters in connection with notes issued pursuant to this ordinance, and the chief financial officers signature upon the notes shall be conclusive evidence as to all such determinations. All notes issued hereunder may be renewed from time to time subject to the provisions of the Local Bond Law. The chief financial officer is hereby authorized to sell part or all of the notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The chief financial officer is directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the notes pursuant to this ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the notes sold, the price obtained and the name of the purchaser.
Section v) The Borough hereby certifies that it has adopted a capital budget or a temporary capital budget, as applicable. The capital or temporary capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. To the extent that the purposes authorized herein are inconsistent with the adopted capital or temporary capital budget, a revised capital or temporary capital budget has been filed with the Division of Local Government Services.
Section vi) The following additional matters are hereby determined, declared, recited and stated:
(a) The purposes described in Section 3 of this bond ordinance are not current expenses. They are all improvements that the Borough may lawfully undertake as general improvements, and no part of the costs thereof has been or shall be specially assessed on property specially benefitted thereby.
(b) The average period of usefulness, computed on the basis of the respective amounts of obligations authorized for each purpose and the reasonable life thereof within the limitations of the Local Bond Law, is 11.51 years.
(c)
The Supplemental Debt Statement required
by the Local Bond Law has been duly prepared and filed in the office of the Clerk, and a
complete executed duplicate thereof has been filed in the office of the Director of the
Division of Local Government Services in the Department of Community Affairs of the State
of
(d) An aggregate amount not exceeding $100,000 for items of expense listed in and permitted under N.J.S.A. 40A:2-20 is included in the estimated costs indicated herein for the purposes or improvements.
Section 7. The Borough hereby declares the intent of the Borough to issue the bonds or bond anticipation notes in the amount authorized in Section 2 of this bond ordinance and to use proceeds to pay or reimburse expenditures for the costs of the purposes described in Section 3 of this bond ordinance. This Section 7 is a declaration of intent within the meaning and for purposes of Treasury Regulations.
Section 8 Any grant moneys received for the purposes described in Section 3 hereof shall be applied either to direct payment of the cost of the improvements or, if other than the State Grant referred to in Section 1 hereof, to payment of the obligations issued pursuant to this ordinance. The amount of obligations authorized but not issued hereunder shall be reduced to the extent that such funds are so used.
Section 9 The chief financial officer of the Borough is hereby authorized to prepare and to update from time to time as necessary a financial disclosure document to be distributed in connection with the sale of obligations of the Borough and to execute such disclosure document on behalf of the Borough. The chief financial officer is further authorized to enter into the appropriate undertaking to provide secondary market disclosure on behalf of the Borough pursuant to Rule 15c2-12 of the Securities and Exchange Commission (the Rule) for the benefit of holders and beneficial owners of obligations of the Borough and to amend such undertaking from time to time in connection with any change in law, or interpretation thereof, provided such undertaking is and continues to be, in the opinion of a nationally recognized bond counsel, consistent with the requirements of the Rule. In the event that the Borough fails to comply with its undertaking, the Borough shall not be liable for any monetary damages, and the remedy shall be limited to specific performance of the undertaking.
Section 10. The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and the interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable real property within the Borough for the payment of the obligations and the interest thereon without limitation of rate or amount.
Section 11. This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law.
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
It was noted that Resolution # 10-119 was
revised to show the hourly rates for the summer
Mr. Anesh made a motion to approve Resolutions
10-117 through 10-126, 128 131; seconded by Ms. Buteas which all begin with BE IT RESOLVED BY THE GOVERNING BODY OF THE BOROUGH OF
SOUTH PLAINFIELD,
#10-117
the retirement of Phil Russo, employee of the
Public Works Department is accepted, effective
#10-118
Authorization is
hereby granted for the hiring of Phil Russo as a part time Mechanic for the Dept. of
Public Works, beginning
#10-119
Authorization is hereby granted for the hiring
of summer employment for 2010 as indicated below , effective
Carmela Sutor
$11.81
Ken Calderoni, Jr. P.A.L. $11.81
Nick Ulecka P.A.L. $13.27
Garret Kelly D.P.W. $13.27
Pat Millard, Jr. D.P.W. $13.27
Frank Licato,
Alan Maglique D.P.W. $13.27
Kurt Maglique D.P.W. $13.27
Bryan Hunt D.P.W. $13.27
Nick Dorey D.P.W. $13.27
Brandon Downes D.P.W. $11.81
Mark Tomei D.P.W. $11.81
#10-120
WHEREAS, in accordance with the provisions of N.J.S.A. 40A:11 any expenditure of public funds in excess of $21,000 requires the advertisement for proposals for delivery of said goods or services; and
WHEREAS, a need has been determined to provide for an articulated wheel loader; and
WHEREAS, bids were solicited and opened
on
·
Foley Incorporated
$126,000.00
· Jesco $116,754.00
· Trico Equipment Services $111,950.00
WHEREAS, the above were net amounts bid after consideration of
acceptance for a trade in of the Boroughs own 1990 John Deere wheel loader; and
WHEREAS, the bids have been reviewed by
the Boroughs Engineer.
WHEREAS,
bid to be sold by Jesco meets all such specifications; and
WHEREAS, the Borough
Engineer and Borough Attorney have recommended that the bid of Jesco for a John Deere
articulated wheel loader should be sold to the Borough in the amount of $116,754.00
After acceptance of trade in of
the Boroughs wheel loader, be accepted and a contract be awarded; and
WHEREAS, funds for said
purpose have been certified by the Chief Financial Officer and are available in the 2010
Budget;
FURTHER BE IT RESOLVED, that the Mayor and Municipal Clerk are hereby authorized to execute the necessary documents with Jesco, the lowest responsible bidder, for the equipment described above.
#10-121
WHEREAS, the Governing Body of the Borough of South Plainfield,
County of Middlesex, State of New Jersey recognizes that the abuse of alcohol and drugs is
a serious problem in our society among people of all ages; and
WHEREAS, the Mayor and council further recognize that it is
incumbent upon not only public officials but upon the entire community to take action to
prevent such abuse in our community; and
WHEREAS, the Borough has applied for funding to the
governors Council on Alcoholism and Drug Abuse through the
NOW THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of South Plainfield, County of Middlesex, State of New Jersey that:
1. Authorization is hereby granted for submission of an application for the South
Plainfield Municipal Alliance grant for calendar year 2010 in the amount of
$20,777.00, with a municipal match of $5,544.00.
2. The South Plainfield Borough Council acknowledges the terms and conditions for
the administrating of the Municipal Alliance Grant, including administrative
compliance and audit requirements.
#10-122
Authorization is granted for a block party
requested by Andrea Sacco for
#10-123
Authorization is granted for a block party
requested by Gary Bodyl for
#10-124
a contract between the Borough of South Plainfield and
Main Street Social LLC,
#10-125
Authorization is
hereby given for employing the following people for seasonal work at the South Plainfield
Community Pool Utility. Dates of hire are
Concession I 8.33/hr.
Janet Kelly
Rachel Scrudato
Patrick Boyle
Shannah Conway
Concession II 8.57/hr
Edward Sullivan
Alyssa Aiello
Concession
Brigette Kelly
Jessica Scarpitto
Rachel Alexa
Chelsey Colucci
Kyle Cullen
Michelle Kobilis
Alyssa Woodel
Ashley Woodel
Front Desk Cashier I 10.33/hr
William Ritchey
Front Desk Cashier II 10.86/hr
Kaitlin Egan
Julia Zappi
Nicole Sutherland
Lifeguard I 9.64/hr
Emily Roseo
Michael
OSullivan
Anthony Gurrieri
Daniel Snogans
Katherine
Piekarski
Jacqueline Bosse
Stephen Kelly
Keith Horvath
Lifeguard II 9.93/hr
JP Barry
Joseph Ifrach
Kelly McLaughlin
Margaret
Valentino
Megan Cerini
Amanda Cerini
Doug Porzio
Kate OBrien
Christopher
Marrone
Camille Romano
Michael Pachytel
Lifeguard
Brian Babinetz
Steven Grzenda
Sarah Konops
Chelsea Cullen
Michael Boyle
Jeff Conroy
Ellen Zinsky
Lucille Roseo
Lifeguard IV 11.21/hr
Julianne Bosse |
Michelle Gustafson |
Teresa Gustafson |
Alan Kasmer |
Emily Piekarski |
Jonathan Conroy
Elizabeth
Flannery
Rebecca Watts
Dawnne Brown
Claire Kelly
Matthew Moates
Diane Romano
Joanna Luzny
Swim Coach $4661
Laurie Post
Assistant Swim Coach $2367
Shannon Dabrio
Mary Otlowski
Katherine Kaczka
Diving Coach $3846
Nicole Moretti
Assistant Dive Coach $2367
Recreation Leader/Aquatic $10336
Alicia Vurchio
Assistant Recreation Leader/Aquatic $5814
Destiny Jazikoff
Phillip Luzny
Calvin John Smiley
Concession Manager $5708
Lou Colicchio
#10-126
Emil Philibosian is hereby appointed to
defend the Borough of South Plainfield on two tax appeal matters, Home Depot and
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Mr. Bengivenga made a motion to accept the correspondence as listed, seconded by Mr. Salerno.
1.
2. Monthly Departmental Report Environmental March 2010
3. Traffic
Safety Advisory Commission
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Mr. Anesh made a motion to approve Resolution # 10-127 as amended with a retroactive date of April 19th; seconded by Mr. Salerno.
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Mr. Salerno made a motion to approve the payment of bills as summarized below, seconded by Ms. Buteas.
Current Fund - $368,947.26
Sewer Utility Operating Fund - $2,370.99
General Capital - $30,380.75
Grant Fund - $576.67
Treasurers Tr
Recreation Trust - $4,392.57
TOTAL OF
YES:
Anesh, Bengivenga, Buteas, McConville, Rusnak,
Engineer Len Miller reported that the paving of
Borough Administrator asked for guidance from the Governing Body relative to the distribution of cell phones to Borough employees. Mayor Butrico responded that the supervision of cell phones is an administrative call and Mr. Cullen should supervise.
Mr. Anesh added that if the issue is one of control, tighter policies need to be established.
Copies of all bills should be maintained by the Finance office.
Mr. Bengivenga commented on the Mayors Conference. He asked for a status on the HCDBG grant approval for the park equipment. Mr. Cullen responded that he received a verbal approval from Paul Buckley but the borough needs to fund through a bond ordinance and then be reimbursed. Mr. Bengivenga also reported that the pool playground equipment also needs to be replaced.
Ms. Buteas asked for a status on the Energy Audit. Mr. Miller replied that he reviewed it and everything appears reasonable. He will meet with Mr. Cullen to review and will include Ms. Buteas. She also announced that the Summer Intern program will be offered again this year.
Ms. Buteas also reported on the success of the Suburban Womens Club fundraiser, Cultural Arts Talent Show and announced the Nature Walk on May 8th. She also reported that a lot of fundraising is planned to raise money for the Parade.
Mr. McConville commented on the Boy Scout trip. He also reported that he received the list of roads in need of repair from Supt. Capparelli.
Mr. Rusnak reported that his committee is working hard on the School Board budget for next weeks meeting. No word yet on the Librarys decision about the Councils request to return 10% of their surplus. His committee also met with PBA.
Mr. Anesh acknowledge Fire Chief Del Negro for
securing another grant. The Fire Dept. will
receive $65,000 to be used for radios and other communications equipment. Chief DelNegro will also work with
Mayor Butrico received a letter from James
Clarkin regarding
Mayor Butrico opened the meeting for public comment.
Les Bergen asked the Council to please do not mess up the parade. Its a great event and needs to remain as is.
Bigdan Fryszczyn from
He questioned the use of stimulus money for the purchase of 3 buses when it was earmarked for handicap kids. Mr. Mikorski volunteered to assist the Council with the School budget.
Nancy Grennier extended a invitation to the Mayor and council to attend the Junior Journalist dinner on May 12th.
Ray Petronko commented on Mr. Aneshs remarks and found them to be derogatory toward a parade committee member. Mr. Anesh defended his position.
Having no other business, Mr. Rusnak made a motion to adjourn; seconded by Mr. Salerno.
Respectfully Submitted,
Joann L. Graf, RMC
Municipal Clerk