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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. Those present were:
Mayor Butrico, Council members Anesh, Bengivenga, Buteas, McConville, Rusnak, and
After the Pledge of Allegiance, our National Anthem was sung by local resident Taylor Kurilew. Rev. Charles Mingle offered the Invocation.
Mayor Butrico introduced Congressman Leonard Lance who administered the Oath of Office to newly elected Mayor Matthew Anesh and Council Members Tim McConville and Ray Rusnak returning for a second term.
Mayor Butrico shared his thoughts about his 9 years as a member of the governing body and highlighted some of his accomplishments as mayor and his experiences during his years of service to the community. He offered his thanks to his family, friends and supporters and thanked everyone for the opportunity to serve the borough.
Councilman Bengivenga made a motion to adjourn the 2010 Council; seconded by Councilman Rusnak and agreed unanimously.
The 2010 Council retired and the 2011 Council took their places at the Council table.
Mayor Anesh called the 2011 Council to order and asked the Clerk to call the roll:
Present: Council Members Bengivenga, Buteas, McConville, Rusnak and
Mayor Anesh asked for a motion to fill the unexpired term of Councilman Anesh for 2011.
Mr. Bengivenga made the motion to approve Alex Barletta as the new Councilman, seconded by Mr. Rusnak.
YES:
Bengivenga, Buteas, McConville, Rusnak,
Former Governor Donald DiFrancesco administered the Oath of Office to Alex Barletta after which Mr. Barletta took his place at the Council table.
Mayor Anesh invited Congressman Lance up to offer a few words. Congressman Lance addressed the public briefly and summarized what issues are ahead for Congress in this new session. He offered his congratulations and best wishes to the Council in the coming year.
Former Governor DiFrancesco followed by offering congratulations and best wishes to the 2011 Council.
Next, Mayor Anesh presented a plaque to
retiring Mayor
Mr. McConville made a motion to appoint
DiFrancesco, Bateman, Coley, Yospin, Kunzman,
RESOLUTION # 4
BE IT RESOLVED BY THE GOVERNING BODY OF THE
BOROUGH OF
WHEREAS there exists a need for certain legal services for the Borough of South Plainfield for the year 2011, and
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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,
Boulevard,
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:
Mr. Barletta nominated Ray Rusnak to the position of Borough Council President; seconded by Mr. McConville.
YES:
Former Governor DiFrancesco administered the Oath of Office to newly elected Council President Ray Rusnak.
Council President Rusnak announced the Council Committee assignments for 2011 as follows:
Administration, Finance & Public Information
Public Works
240 Geary Drive
Economic Development
Alex
Barletta, Chairman
Chrissy Buteas
Health, Welfare & Environment
Chrissy Buteas, Chairwoman
Public Safety
Robert Bengivenga, Jr., Chairman
Recreation
Timothy McConville, Chairman
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Mayor Anesh next invited the members of the Council to offer their personal comments to retiring Mayor Butrico.
Mayor Anesh gave his Annual Address (copy on
file in the Clerk’s office) which began with
a review of the accomplishments of 2010 and outlined the goals for 2011 with the top
priority of keeping
Councilwoman Buteas followed with the Minority
Report for 2011 (copy on file in the
Clerk’s office). He message centered on
the many financial challenges ahead for the Council and the need to think outside the box
for solutions.
Mayor Anesh announced his Mayoral appointments to the various Boards and Commissions.
BY VIRTUE OF THE POWER VESTED IN ME AS MAYOR
OF THE BOROUGH OF
BOARD APPOINTEE TERM
Christopher Cioffi
Environmental Commission
Daniel Morley
Environmental
Commission
Dorothy Miele
Environmental
Commission
Jonathan Walezak
Environmental Commission
Robyn Rusnak
Environmental Commission Alternate
Jennifer Bechtoldt
Mayor’s HCD Committee Representative
Christine Faustini
Mayor’s Library Board Rep
Matthew Anesh
Planning Board Class I
John Pabst
Planning Board Class II
Robert Ackerman
Planning Board Class IV
Richard Frank
Planning Board Class IV
Christine Marks
Recreation Commission Alternate II
James Olano
Recreation Commission Alternate III
Councilman Bengivenga
Mayor’s Representative – MCTCC
The
Municipal Clerk Administered Oath of Office.
Mayor
Anesh next announced the appointments being made by the Borough Council. He again read each name in this resolution.
Ms.
Buteas asked to separate two names from the resolution stating that she felt it isn’t
appropriate for a sitting councilman to appoint one’s parents to a board.
Clerk
Graf re-numbered the resolutions in question to 10-1A & B and 10-2A & B.
Mr.
McConville made a motion to approve Resolution # 10-1A, seconded by Mr. Rusnak as follows:
BE IT RESOLVED BY THE GOVERNING BODY OF THE
BOROUGH OF
Robert
Bengivenga, Sr. is hereby appointed to serve as a member of the Green Brook Flood Control
as the Alternate I member, said term to expire on
April
Bengivenga is hereby appointed to serve as a member of the Office on Aging Advisory Board said term to expire on
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YES:
NO: Buteas,
RECUSE: Bengivenga
Mr.
Bengivenga made a motion to approve Resolution # 10-1B, seconded by Mr. Rusnak as follows:
BE IT RESOLVED BY THE GOVERNING BODY OF THE
BOROUGH OF
NAME
BOARD
EXPIRATION DATE
Anthony
Cataldo
Ad Hoc Truck Bypass Committee
n/a
Councilman
Rusnak
Affordable Housing Committee Liaison
Carolyn
Allen
Business Advisory Group
Darlene
Pinto Business
Advisory Group
Kevin
Murtagh
Business Advisory Group
Mary
Beth Khidre
Business Advisory Group (Zoning)
12/31/2011
T &
M Associates
Business Advisory Group (Engineer)
Councilwoman
Buteas
Environmental Commission Liaison
Alex
Barletta Environmental
Comm/Planning Bd Liaison
Dr.
Alice Tempel
Greenbrook Flood Control
T &
M Associates
Greenbrook Flood Control – Alt II
Councilwoman
Buteas
Greenbrook Flood Control – Alt II
Robert
Bengivenga, Sr.
Greenbrook Flood Control - Alt I
Councilman
Bengivenga
Council’s HCD Representative
12/31/2011
Alex
Barletta
Planning Board – Class III
Councilman
McConville Office
on Aging Advisory Board Liaison
12/31/2011
April
Bengivenga
Office on Aging Advisory Board
Natalie Bergen
Office on Aging Advisory Board
Lillian Smith
Office on Aging Advisory Board
Elaine
Biribin
Office on Aging Advisory Board
Owen
Kelly
Office on Aging Advisory Board
Virginia
O’Brien
Taxpayers Advisory Group
Richard
Petrone
Taxpayers Advisory Group
Frank Lemos
Taxpayers Advisory Group
Dennis Little
Taxpayers Advisory Group
Ken Bonnano
Taxpayers Advisory Group
Councilman
Bengivenga
Traffic Safety Advisory Comm Liaison
Councilman
Bengivenga
Truck By Pass Committee Liaison
Councilman
Rusnak
Shared Services Committee
Alex
Barletta
Shared Services Committee
are hereby appointed to the Board/Commission so indicated in this resolution.
YES:
Mr.
Barletta made a motion to approve the following Mayoral Appointments with Advise and
Consent of Council Resolution # 10-2A; seconded by Mr. Rusnak
BE IT RESOLVED BY THE GOVERNING BODY OF THE
BOROUGH OF
Glenn
Cullen is hereby appointed to represent the Borough of South Plainfield as a PARSA
Commissioner, effective
Robert
Bengivenga, Sr. is hereby appointed to serve on the Library Board of Trustees for a 5 year
term expiring
YES:
NO: Buteas,
RECUSE: Bengivenga
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Mr.
McConville made a motion to approve Resolution # 10-2B as follows:
BE IT RESOLVED BY THE GOVERNING BODY OF THE
BOROUGH OF
Term
Expires
Jim
Franchetti, Alternate
Construction Board of Appeals-Plumbing
Joseph
Abbruzzese
Construction Board of Appeals
Larry
Del Negro, Alternate Construction
Board of Appeals - Fire
Steve
Druga, Alternate
Construction Board of Appeals - Architect
Frank
Furino
Cultural Arts Committee 12/31/2013
David
Joshi
Cultural Arts Committee
Beverly
Krausse
Cultural Arts Committee
Suzanne
Lyte
Cultural Arts Committee
Scott Carey
Health Advisory Board
Sue
Goulet
Community Dev. Citizens’ Advisory
Ken
Bonnano
Community Dev. Citizens’ Advisory
Dick
Frank
Community Dev. Citizens’ Advisory
Patricia
Massey
Library Board of Trustees – Bd. of Ed Rep.
Debbie
Leporino
Public Celebrations
Yvonne Viscosi
Public Celebrations
Kristen
Semon Public
Celebrations
Kimberly
Anesh
Public Celebrations
Alissa
Bengivenga
Public Celebrations
Dennis
Scalera
Traffic Safety Advisory
Lt.
Kevin Murtagh
Traffic Safety Advisory – Police
Rep
Bobby
Capparelli
Traffic Safety Advisory –
Councilman
Bengivenga Youth
Guidance Council – Council Liaison
Christopher
Colucci
Youth Guidance Council – Police Rep.
James
Gustafson
Zoning Board of Adjustment
Maria
Campagna
Zoning Board of Adjustment
Derryck
White
Zoning Board of Adjustment (unexpired)
Roy
Kaplan
Zoning Board of Adjustment (unexpired)
Cindy
Eichler
Zoning Board of Adj –
are hereby appointed to the Board/Commission so indicated in this resolution.
YES:
The
Municipal Clerk Administered Oath of Office to these appointees.
Turning
to Special Appointments of Professionals for 2011, Ms. Buteas asked to separate 11-1, the
Insurance Broker position and asked for an explanation of the change in companies. Administrator Cullen and Mr. Bengivenga provided
the explanation for the change.
Mr.
Barletta made a motion to approve Special Appointments, Resolutions 11-1, seconded by Mr.
Bengivenga.
11-1 Insurance Broker/Consultant – Insurance Buyers’ Council, Inc.
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:
1. The Mayor and Municipal Clerk are hereby authorized to execute an agreement with
Insurance Buyers’ Council, Inc., 97220 Greenside Drive,
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.
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3. Health Benefits will not be provided as part of the compensation package for this position.
YES:
NO: Buteas,
Mr. Bengivenga made a motion to
approve Special Resolutions 11-2 through 11-14, seconded by Mr. Rusnak.
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.,
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 2011 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:
- The Mayor and Municipal Clerk are hereby authorized to execute an agreement with
Thomas Lanza, Esq.,
Paul
Garelick, Esq.,
- This contract is awarded pursuant to a fair and open process in accordance with N.J.S.A.19:44A-20.4 et seq.
- Health Benefit coverage will not be provided as part of the compensation package for the position of Municipal Prosecutor.
- 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
11-5
Tax Sea
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
3288
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 2011.
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 –
WHEREAS the Borough of South Plainfield requires the services of a licensed appraisal
company for the year 2011; 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
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 2011; 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:
Plainfield as follows:
1. The Mayor and Municipal Clerk are hereby authorized to execute an agreement with
T
& Associates,
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.
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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 2011; 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,
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 2011; 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,
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 – DiFrancesco, Bateman, Coley, Yospin, Kunzman,
Davis,
WHEREAS, there exists a need for certain legal services to deal with various matters of
Redevelopment for the year 2011, 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
DiFrancesco, Bateman, Coley, Yospin, Kunzman,
Boulevard,
established in the company’s proposal.
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.
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4. A copy of this resolution shall be published in The Observer as required by law within ten
days of its passage.
11-12
Municipal Court Judge - Judge
Spencer Robbins, Esq.
WHEREAS, in accordance with Chapter 34 of the Code of the Borough of South Plainfield,
there shall be a Judge of the Municipal Court who shall be appointed by the Mayor with the
advice and consent of the Council and who shall serve for a term of three years from the
date of his appointment; and
WHEREAS, the Municipal Court of South Plainfield and the Municipal Judge thereof shall
have, possess and exercise all the functions, powers, duties and jurisdiction conferred by
the provisions of N.J.S.A. 2B:12-1 et seq. or by
any other law; and
WHEREAS, the term of Judge Spencer Robbins expires
on
served as Municipal Court Judge for the Borough of South Plainfield since 2008 when he
was appointed to fill
the unexpired term of John A. Jorgensen; and
WHEREAS, it is the desire of the governing body to re-appoint Judge Robbins to another
three year term as Municipal
Court Judge of the Borough of South Plainfield;
NOW, THEREFORE, it is hereby resolved by the Mayor with consent of the South Plainfield
Borough Council that Judge Spencer Robbins is hereby re-appointed Municipal Court Judge
for a three (3) year term expiring on
current salary ordinance.
11-13 Condemnation Counsel – DiFrancesco, Bateman, Coley, Yospin, Kunzman,
Davis,
WHEREAS, there exists a need for certain legal services dealing with Condemnation for
the year 2011, 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
DiFrancesco, Bateman, Coley, Yospin, Kunzman,
Boulevard,
established in the company’s proposal
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.
2. 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 Public Agency Compliance Officer – Paul
Rizzo of DiFrancesco Law Firm
WHEREAS, N.J.A.C. 17:27-1.1 provides that no public work contracts can be awarded
nor any monies paid until the prospective contractor has agreed to contract performance
which complies with an approved affirmative action program; and
WHEREAS, N.J.A.C. 17:27-3.5 provides that each public agency shall annually designate
an officer or employee to serve as its public agency compliance officer;
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NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of South
Plainfield,
Administrator and CFO be appointed as the Public Agency Compliance Officer for a
one-year term ending
YES:
Mr. Bengivenga made a motion to approve Special Resolutions # 12-1 through 12-9
seconded by Mr. Rusnak as follows. All resolutions begin with BE IT RESOLVED BY THE
GOVERNING
BODY OF THE BOROUGH OF
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
2011 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.
12-4
2011 Employee Holidays
the calendar of employee holidays for the year 2011 is adopted as follows:
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
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
3292
$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 pa
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
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 pa
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
2011 Agenda and Public Meeting Schedule
the following dates are hereby approved as meeting dates for the Mayor and Council:
Agenda
Meeting
Public Meeting
(Reorganization)
All
Agenda Meetings begin at
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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
12-7 RESOLUTION ESTABLISHING A
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;
BOROUGH OF
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
BY THE PLAN
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
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Assessment Trust Fund
Collectors Trust Fund
Green Trust Accounts
General Capital Account
Recreation Trusts Account
III.
DESIGNATION OF OFFICIALS
AUTHORIZED TO MAKE DEPOSITS
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.
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
Chase Bank
Bank of
Unity Bank
Investors Savings Bank
Money Market Investment Accounts and/or Certificates of Deposit
Commerce Bank
Chase Bank
Wachovia Bank
Bank
of
Unity Bank
MBIA-Class Management Unit Trust
NJ
NJ Cash Management Fund
Skylands Bank
Columbia Bank
Investors Savings 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
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 MBIA
Commerce
Bank
Skylands Bank Investors Savings Bank
Bank
of
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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;
(2) Government money market mutual funds;
(3) 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;
(4) 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;
(5) 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;
(6) Local government investment pools;
(7) 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
(8) 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
(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.
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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;
(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
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
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:
3297
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 Investments.
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
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
the Department of Environmental Protection on behalf of the Borough.
12-9
Re-appointment of
Chief Financial Officer
Glenn
F. Cullen is hereby re-appointed as the Chief Financial Officer of the Borough of South
Plainfield, said term commencing on
YES:
Mayor Anesh opened the meeting for public comments. There were none and so the Mayor closed the public portion.
Mr. Salerno offered an explanation of why he voted no on a few appointments. He meant no disrespect to the appointees or their families but he was told that appointing family is not appropriate. He gave his own parents as an example explaining that his Mom and Dad wanted to serve but it was more proper not to.
Mr. Bengivenga stated that he looks forward to serving with on newly appointed Councilman Alex Barletta and complimented his credentials and experience.
Mr. Barletta thanked his party, the Mayor and council and stated that he considered it an honor to be able to serve. He wished everyone a Happy New Year.
Mr. Rusnak thanked the council for their support of him being Council President and he pledged and asked the others to check their political hats at the door.
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Mayor Anesh thanked the public for attending and called for a motion to adjourn. So moved by Mr. McConville and seconded by Mr. Salerno.
Respectfully submitted,
Joann L. Graf, RMC
Municipal Clerk
