Information on the 11 May Council meeting was sent at 4:36 pm Friday, 8 May. Items for discussion / adoption at the meeting that are available are posted below the agenda, in order of Ordinances (bordered in green), Resolutions (bordered in dark red) and prior meeting minutes (bordered in orange). Attachments are included with the items when available.

09-09

BOROUGH OF MERCHANTVILLE, NEW JERSEY

BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF EQUIPMENT AND COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS IN AND FOR THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $679,300 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $189,335; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

BE IT ORDAINED by the Borough Council of the Borough of Merchantville, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Merchantville, County of Camden, New Jersey ("Borough").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $679,300;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $189,335; and

(c) a down payment in the amount of $9,965 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $189,335, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $9,965, which amount represents the required down payment, and the sum of $480,000, which amount represents grants from the New Jersey Department of Transportation, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $189,335 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $189,335 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $135,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the amount of available grants for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

	Purpose/Improvement	Estimated Total Cost	Down Payment	Grant / Aid	Amount of Obligations	Period of Usefulness
A.	Reconstruction of and Improvements to Morris Avenue and Prospect Avenue, together with the installation of Curb Cuts along Maple Avenue, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	$494,300	$8,215	$330,000	$156,085	10 years
B.	Reconstruction of and Improvements to the Borough's Bike Path, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	150,000	0	150,000	0	N/A
C.	Acquisition of Various Equipment for the Police Department including, but not limited to Vehicle Camera Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	35,000	1,750	0	33,250	7 years
	TOTAL	$679,300	$9,965	$480,000	$189,335

Section 8. The average period of useful life of the several purposes for the financing of which this bond ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purpose, is not less than 9.47 years.

Section 9. Grants in addition to those identified in Section 7 above or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance the costs of the purposes described in Section 7 above.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $189,335 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Borough hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication after final passage.

Date of Introduction: April 27, 2009

Date of Final Adoption: May 11, 2009

Notice of Pending Bond Ordinance and Summary

The bond ordinance, the summary terms of which are included herein, was introduced and passed upon first reading at a meeting of the Mayor and Borough Council of the Borough of Merchantville, County of Camden, State of New Jersey, held on April 27, 2009. It will be further considered for final passage, after public hearing thereon, at a meeting of the Mayor and Borough Council to be held at the Merchantville Borough Municipal Building, 1 West Maple Avenue, Merchantville, New Jersey on May 11, 2009 at 7:30 o’clock PM. During the week prior to and up to and including the date of such meeting copies of the full ordinance will be available at no cost and during regular business hours, at the Borough Clerk’s office for the members of the general public who shall request the same. The summary of the terms of such bond ordinance follows:

Title: BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF EQUIPMENT AND COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS IN AND FOR THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $679,300 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $189,335; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING

	Purpose/Improvement	Estimated Total Cost	Down Payment	Grant / Aid	Amount of Obligations	Period of Usefulness
A.	Reconstruction of and Improvements to Morris Avenue and Prospect Avenue, together with the installation of Curb Cuts along Maple Avenue, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	$494,300	$8,215	$330,000	$156,085	10 years
B.	Reconstruction of and Improvements to the Borough's Bike Path, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	150,000	0	150,000	0	N/A
C.	Acquisition of Various Equipment for the Police Department including, but not limited to Vehicle Camera Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	35,000	1,750	0	33,250	7 years
	TOTAL	$679,300	$9,965	$480,000	$189,335

Appropriation: $679,300

Bonds/Notes Authorized: $189,335

Grants (if any) Appropriated: $480,000

Section 20 Costs: $135,000

Useful Life: 9.47 years

DENISE BROUSE, Borough Clerk

This Notice is published pursuant to N.J.S.A. 40A:2-17.

Bond Ordinance Statements and Summary

The bond ordinance, the summary terms of which are included herein, has been finally adopted by the Mayor and Borough Council of the Borough of Merchantville, County of Camden, State of New Jersey on May 11, 2009 and the twenty (20) day period of limitation within which a suit, action or proceeding questioning the validity of such ordinance can be commenced, as provided in the Local Bond Law, has begun to run from the date of the first publication of this statement. Copies of the full ordinance are available at no cost and during regular business hours, at the Borough Clerk’s office for members of the general public who request the same. The summary of the terms of such bond ordinance follows:

	Purpose/Improvement	Estimated Total Cost	Down Payment	Grant / Aid	Amount of Obligations	Period of Usefulness
A.	Reconstruction of and Improvements to Morris Avenue and Prospect Avenue, together with the installation of Curb Cuts along Maple Avenue, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	$494,300	$8,215	$330,000	$156,085	10 years
B.	Reconstruction of and Improvements to the Borough's Bike Path, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	150,000	0	150,000	$0	N/A
C.	Acquisition of Various Equipment for the Police Department including, but not limited to Vehicle Camera Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto	35,000	1,750	0	33,250	7 years
	TOTAL	$679,300	$9,965	$480,000	$189,335

Appropriation: $679,300

Bonds/Notes Authorized: $189,335

Grants (if any) Appropriated: $480,000

Section 20 Costs: $135,000

Useful Life: 9.47 years

DENISE BROUSE, Borough Clerk

This Notice is published pursuant to N.J.S.A. 40A:2-17.

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

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE BROUSE, BOROUGH CLERK

09-10

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 71A, STORMWATER MANAGEMENT, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

BE IT ORDAINED by the Mayor and Council of the Borough of Merchantville, County of Camden, and State of New Jersey, that Chapter 71A, Stormwater Management, in the Code of the Borough of Merchantville is hereby amended as follows:

ARTICLE VII.

Yard Waste Collection Program

ARTICLE I. ARTICLE VII. SECTION 71A-23. Yard Waste Collection

It shall be a violation of this Ordinance to sweep, rake, blow, or otherwise place yard waste that is not containerized at the curb or along the street except on days designated by the Borough for scheduled yard waste vacuum pickup. Materials may be placed between the curb and the sidewalk (commonly referred to as the “grass strip”) seven (7) days in advance of the posted days for yard waste vacuum pickup. The Borough Department of Public Works will post notification on each street ten (10) days in advance of the posted yard waste pickup. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this ordinance. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street within twenty-four (24) hours of formal notification or said party shall be deemed in violation of this ordinance.

ARTICLE VIII.

General Provisions

ARTICLE II. ARTICLE VIII. SECTION 71A-25. Violations and penalties.

Any person who violates any provision of this article shall, upon conviction in the Municipal Court of the Borough of Merchantville, or such other court having jurisdiction, be liable to a fine not exceeding $2,000.00, or imprisonment for a term not exceeding 90 days, or community service for a term not exceeding 90 days, or all of the above. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this article.

ARTICLE X.

Private Storm Drain Retrofitting

ARTICLE III. ARTICLE X. SECTION 71A-43. Purpose

An ordinance requiring the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Merchantville so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

ARTICLE IV. ARTICLE X. SECTION 71A-44. Definitions

For the purpose of this Article, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

A. Municipal separate storm sewer system (MS4) – a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Merchantville or other public body, and is designed and used for collecting and conveying stormwater.

B. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Storm drain inlet – an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

D. Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

ARTICLE V. ARTICLE X. SECTION 71A-45. Prohibited Conduct

No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen) reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:

A. Already meets the design standard below to control passage of solid and floatable materials; or

B. Is retrofitted or replaced to meet the standard in Section 71A-46 below prior to the completion of the project.

ARTICLE VI. ARTICLE X. SECTION 71A-46. Design Standards

Storm drain inlets identified in Section 71A-45 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, “solid and floatable materials” means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard, see Section 71A-46(C) below.

A. Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from the surface into a storm drain or surface water body under the grate:

1. The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or

2. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

Examples of grates subject to this standard include grates, in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basis floors.

B. Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.

C. This standard does not apply:

1. Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.

2. Where flows are conveyed through any device (e.g. end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

i. A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

ii. A bar screen having a bar spacing of 0.5 inches.

3. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars; or

4. Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

ARTICLE XI.

Refuse Containers/Dumpsters

ARTICLE VII. ARTICLE XI. SECTION 71A-47. Purpose

An ordinance requiring dumpsters and other refuse containers that are outdoors or exposed to stormwater to be covered at all times, and prohibits the spilling, dumping, leaking, or otherwise discharge of liquids, semi-liquids or solids from the containers to the municipal separate storm sewer system(s) operated by the Borough of Merchantville and/or the waters of the State so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

ARTICLE VIII. ARTICLE XI. SECTION 71A-48. Definitions

For the purpose of this ordinance, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this Chapter clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.

B. Person – any individual, corporation, company, partnership, firm association, or political subdivision of this State subject to municipal jurisdiction.

C. Refuse container – any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

D. Stormwater – means water resulting from precipitation (including rain and snow) that runs off the land’s surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.

E. Waters of the State – means the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

ARTICLE IX. ARTICLE XI. SECTION 71A-49. Prohibited Conduct

Any person who controls whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing. Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the the Borough of Merchantville.

ARTICLE X. ARTICLE XI. SECTION 71A-50. Prohibition; Exceptions:

A. Permitted temporary demolition containers;

B. Litter receptacles (other than dumpsters or other bulk containers);

C. Individual homeowner trash and recycling containers;

D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit; or

E. Large bulky items (e.g. furniture, bound carpet and padding, white goods placed outside for pickup).

ARTICLE XI.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE XII.

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

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE BROUSE, BOROUGH CLERK

The foregoing ordinance was introduced by Mayor and Council at its regular meeting held on April 27, 2009. This Ordinance will be considered for adoption on final reading and public hearing to be held on May 11, 2009 at 7:30 p.m. in the Council Meeting Room, Merchantville Borough Hall, 1 West Maple Avenue, Merchantville, New Jersey.

The purpose of this Ordinance is to guidelines as required by the NJDEP for private storm drain inlet retrofitting and refuse containers/dumpsters, and to amend certain sections of the existing Stormwater Management Ordinance by the Borough of Merchantville. A copy of this Ordinance is available at no charge to the general public between the hours of 8:30 AM to 4:30 PM, Monday through Friday (Legal Holidays excluded), at the Office of the Borough Clerk, Merchantville Borough Hall, 1 West Maple Avenue, Merchantville, New Jersey.

09-11

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 94, ZONING, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Merchantville, County of Camden, and State of New Jersey, that Chapter 94, Zoning, in the Code of the Borough of Merchantville is hereby amended as follows:

ARTICLE I. ARTICLE III. SECTION 94-9 Antennae.

A. Purpose. This section, entitled the Antenna, is intended to provide regulations, standards and procedures for the use, dimensions and placement of antennas within the Borough of Merchantville. The purpose of this provision is to promote the public health, safety, welfare, aesthetics and maintenance of a desirable visual environment as that term is used in N.J.S.A. 40:55D-2i. The right of a private property owner to use an antenna is recognized subject to the terms and conditions of this section. The regulations imposed by this section are intended to permit such use in harmony with the intent and purpose of the Borough’s Zoning Code and Master Plan and the FCC objective to promote interstate satellite recovered communications.

B. Use. Antenna, including structural supports, shall be permitted as an accessory use provided that the Antenna conforms to the requirements of this section. An Antenna is permitted as an accessory use only on a lot that contains a principal structure.

C. Definitions. For the purposes of this section the term “Antenna” shall mean any and all satellite dish antennae along with any antenna designed for the reception of television and/or radio signals. Such definition expressly excepts antennae utilized in conjunction with the reception and/or transmission of cellular telephonic signals.

D. Permits and Approvals.

1. A building permit shall be required for the installation of any Antenna having a diameter greater than thirty-nine and thirty seven one hundredths inches (39.37”) or which does not comply with the requirements of this section.

2. Submission Procedures. For any Antenna which requires a building permit pursuant to Section D(1), a property owner shall submit an application and a plan to the Construction Official. The application and plan shall include the following information:

a. The location of the proposed Antenna;

b. Engineering drawings of the proposed Antenna demonstrating its method of support and its foundations;

c. The method of installation;

d. The materials to be used;

e. The height and diameter of the Antenna and related structures;

f. The location of all existing buildings and structures and all accessory buildings or structures on the lot, if any;

g. All existing and proposed plantings and/or fencing intended to provide screening;

h. The lot and block number(s) of the lot(s) from the Borough of Tax Map, and the length and bearings of the lot lines of the property in question;

i. Any and all information deemed necessary by the zoning/construction official to meet any other requirements of this Ordinance not listed above.

E. Design Standards Antennas, as accessory uses, shall be permitted as follows:

1. Antennas having a diameter not more than thirty-nine and thirty seven one hundredths inches (39.37”)(“Small Antenna”):

a. May be located in any zoning district;

b. Must be installed in a location where such Small Antenna shall not be visible from the right of way provided such location does not prevent the reception of an acceptable quality signal or impose unreasonable expense or delay.

c. May be roof-mounted, building-mounted or ground-mounted;

d. If roof-mounted or building-mounted, the Antenna may not project more than three (3) feet above peak of a roof in the case of a peaked roof or more than three (3) feet above the flat roof line in the case of a flat roof;

e. If roof-mounted on a peaked roof or if building-mounted, the Antenna shall be mounted on a roof or wall surface which faces a rear or side yard and if roof mounted on a flat roof, the satellite dish antenna shall be mounted on the center of the roof structure;

f. If roof-mounted, building-mounted or ground mounted, the Antenna shall not be visible from the public right-of-way;

g. If ground-mounted, may be placed on a pole, and;

h. If ground-mounted, must be set back from rear and side property lines at least: (i) six (6) feet, or (ii) the height from the ground to the highest point of the Antenna, whichever distance is greater.

2. Antennas having a dish diameter greater than thirty-nine and thirty seven one hundredths inches (39.37”), but not more than two (2) meters or seventy eight and seventy four one hundredths inches (78.74”) (“Large Dishes”):

a. May be located in any zoning district in which commercial or industrial uses are permitted;

b. Must be ground-mounted only and located in the rear or side yard;

c. May not be visible from the public right-of-way;

d. May not be located in any required buffer area;

e. Must be set back from rear and side property lines at least (i) six (6) feet or (ii) the height from the ground to the highest point of the Antenna whichever distance is greater;

f. May not be pole-mounted; and

g. In the case of a satellite dish antenna, must be erected so that the bottom of the Antenna is no more than thirteen (13) inches above the ground.

3. Antennas utilized for the non-commercial transmission and reception of radio signals shall be permitted as an accessory structure provided any structure erected to accommodate such antenna shall be the minimum height necessary to enable the successful transmission and/or reception of radio signals but in no event shall such structure exceed the height of the principal structure to which such use is accessory.

4. For purposes of applying Sections E(1)(g), E(2)(d) and E(2)(f) “ground” shall exclude any berms, hills, mounds or like conditions that are located in such area.

5. In the event of an assertion that any limitation contained herein results in the prevention of the reception of an acceptable quality signal or imposes unreasonable expense or delay on the Applicant, it shall be the Applicant’s burden of proof to establish such assertion to the satisfaction of the Board.

6. Prohibited Diameter. Any Antenna having a dish diameter greater than two (2) meters or seventy eight and seventy four one hundredths inches (78.74”) inches is prohibited.

7. Exception to Design Standards. The design standards shall not apply to any public law enforcement apparatus, public safety apparatus or installations mounted within a fully enclosed principal building.

8. Screening. To the extent feasible given the locational requirements of receiving antennas, any ground-mounted Antenna shall be screened so that it is not visible from an adjacent residential property at ground level. Screening may be by use of opaque fencing, or shrubbery, or both.

9. Foundations. Any ground-mounted Antenna shall be erected on a secure ground-mounted foundation.

10. Construction. All Antennas shall be constructed to withstand wind velocities of at least one hundred (100) M.P.H. and are subject to any additional construction requirements imposed under the New Jersey Uniform Construction Code.

11. Reception. Antennas shall be placed in such a manner so that they do not interfere with the reception of neighboring properties.

12. Any connection, whether electrical or otherwise, from an Antenna to the principal building or structure shall be by underground cable.

13. Any Antenna shall be used only by the occupants or residents of the principal building or structure on the subject premises. No connection shall be permitted, whether electrical or otherwise, to adjacent properties.

F. Number. In the case of satellite dish antennas the following shall apply:

1. Residential Districts. There may be one (1) Small Dish for each dwelling unit on a lot. In addition to the permitted Small Dishes, there may be no more than one (1) Large Dish for each building on a residential lot.

2. Business Districts. There may be one (1) Small Dish for each business use on a lot. In addition to the permitted Small Dishes, there may be no more than one (1) Large Dish for each building on a lot.

g. Fees. The fee for an application to erect a satellite dish antenna shall be as set forth in the Section 94-108 of this Chapter.

ARTICLE II. ARTICLE XVII. SECTION 94-108 Fees.

C. Fees enumerated.

9. Satellite Dish Antenna. A fee of ____________ ($00.00) dollars shall be submitted with each application for a satellite dish antenna to be erected pursuant to Section 94-9, together with an escrow fee of _____________ ($000.00) dollars.

ARTICLE III.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE IV.

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

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE BROUSE, BOROUGH CLERK

The foregoing ordinance was introduced by Mayor and Council at its regular meeting held on May 11, 2009. This Ordinance will be considered for adoption on final reading and public hearing to be held on June 8, 2009 at 7:30 p.m. in the Council Meeting Room, One West Maple Avenue, Merchantville, New Jersey.

The purpose of this Ordinance is to make certain revisions to the Zoning Ordinance as it pertains to antennae in the Borough of Merchantville. A copy of this Ordinance is available at no charge to the general public between the hours of 8:30 AM to 4:30 PM, Monday through Friday (Legal Holidays excluded), at the Office of the Borough Clerk, Merchantville Borough Hall, One West Maple Avenue, Merchantville, New Jersey.

R09-72 (EXHIBIT “A”)

INTERLOCAL SERVICES AGREEMENT BY AND BETWEEN THE BOROUGH OF MERCHANTVILLE AND THE MERCHANTVILLE BOARD OF EDUCATION RELATIVE TO CERTAIN PROFESSIONAL SERVICES

THIS DOCUMENT constitutes an Interlocal Services Agreement pursuant to N.J.S.A. 40:8A-1 et seq. entered into by and between the Borough of Merchantville, a body politic and corporate of the State of New Jersey with offices located at 1 West Maple Avenue, Merchantville, New Jersey 08109 (Merchantville), and the Merchantville Board of Education, a municipal school board organized under the laws of the State of New Jersey with offices located on South Centre Street, Merchantville, New Jersey 08109 (Board of Education). The effective date of this Agreement is the May 11, 2009.

W I T N E S S E T H

WHEREAS, the Borough of Merchantville (hereinafter "Merchantville") is a municipal entity organized under the laws of the State of New Jersey and located in Camden County; and

WHEREAS, the Merchantville Board of Education (hereinafter "Board of Education") is a municipal school board organized under the laws of the State of New Jersey and located in Camden County; and

WHEREAS, the Mayor and Borough Council of the Borough of Merchantville, duly elected pursuant to statute, after a careful survey, have concluded that the residents of Merchantville will best be served when certain professional services on the grounds of and the athletic fields of the Board of Education are performed by the Public Works Department of the Borough of Merchantville; and

WHEREAS, by negotiations previously had between Board of Education and Merchantville, the terms and provisions hereafter set forth were determined and agreed thereto;

WHEREAS, Merchantville and Board of Education intend by virtue of this document to set forth the terms and conditions of this Agreement;

WHEREAS, the proper and respective public officials were authorized to execute this Interlocal Services Agreement pursuant to Resolutions of their respective public entities, attached hereto and made a part of this Agreement;

NOW, THEREFORE, AND IN CONSIDERATION of the mutual promises set forth herein, the parties hereto agree as follows:

1. PURPOSE

The professional services for the Board of Education are to be performed by the Public Works Department of the Borough of Merchantville, including, snow removal on the parking lots at the Merchantville School on South Centre Street, as well as the mowing, edging and maintenance of the athletic fields belonging to the Board of Education located on Victoria Street in Pennsauken, New Jersey. This Agreement shall not include the lining of any sports fields for either the Board of Education or any other organization utilizing said facilities.

It is distinctly understood and agreed that Merchantville will supply the apparatus and equipment as needed for the mutual performance of their obligations under this Agreement. It is understood and agreed that the Board of Education will permit Merchantville to utilize the apparatus and equipment owned by the Board of Education as needed. It is understood and agreed that Merchantville will supply the manpower consisting of such employees of the Public Works Department of the Borough of Merchantville as so designated by Merchantville to perform its obligations under this Agreement.

2. TERM

The services to be furnished hereunder shall commence on the 1st day of April, 2008, and ending on May 11, 2010.

3. ALLOCATION OF PAYMENTS

The Merchantville Board of Education, for certain professional services on the grounds of the Board of Education to be performed by the Public Works Department of the Borough of Merchantville to be rendered under this Agreement, will pay Merchantville the sum of Nine Thousand, Six Hundred Dollars ($9,600.00). This amount shall be payable on or before July 31, 2009.

4. AUDIT

Pursuant to the Single Audit Act of 1984, Merchantville agrees to permit the Board of Education and/or its agents to examine any and all records relevant to this Agreement and shall make the same available upon demand at a reasonable time and place for the purpose of auditing the records, reports and documents relative to this Agreement.

5. INDEMNIFICATION

Merchantville and Board of Education shall indemnify and hold each other harmless and defend each other, its elected officials, employees, officers and agents, from and against all liability, claims, suits, losses, damages, costs and demands, on account of bodily injury, including death or property damage, arising out of or connected with the performance of the services under this Agreement.

The execution and delivery of this Agreement shall not be construed to confer any right of action against Board of Education on behalf of Merchantville or on behalf of any other person, natural or otherwise, for any failure, neglect or breach of any term, covenant or condition thereof. The Agreement and all of its terms, conditions and provisions are solely for the benefit of Board of Education and Merchantville and it is understood and agreed between the parties hereto that the sole remedy of Board of Education in the event of any failure or breach of this Agreement shall be the termination hereof.

6. NOTICES

All notices hereunder shall be in writing and sent certified mail, return receipt requested for the Board of Education to the Board Secretary, Merchantville Board of Education, at South Centre Street, Merchantville, New Jersey 08109, and for the Borough of Merchantville to the Borough Clerk, Borough of Merchantville, at 1 West Maple Avenue, Merchantville, New Jersey 08109.

7. MISCELLANEOUS

The following provisions shall apply to this agreement:

a. Construction of this Agreement

The parties acknowledge that this Agreement was prepared under New Jersey Law and shall therefore be interpreted under the laws of that State.

b. Amendments

This Agreement may not be amended, altered or modified in any manner except in writing signed by the parties hereto.

c. Headings

This section and any other headings contained in this Agreement are for references only and shall not affect the meaning and interpretation of this Agreement.

d. Invalid Clause

The invalidity of any clause contained herein shall not render any other provision invalid and the balance of this Agreement shall be binding upon all parties hereto.

e. Entire Agreement

This Agreement shall consist of the entire Agreement of the parties and it is acknowledged that there is no side or oral Agreements relating to this undertaking as set forth.

f. Assignability

This Agreement and all rights, duties and obligations contained herein may not be assigned without either party’s prior written permission.

g. Affirmative Action

The affirmative action provisions set forth in the document attached hereto as Exhibit “A” are incorporated herein and made a part hereof.

h. Funding

In accordance with the provisions of N.J.S.A. 40A:11-15, this Agreement is subject to the availability and appropriation of sufficient funds in the year in which it is in effect.

i. Waiver

It is understood and agreed by the parties that a failure or delay in the enforcement of any of the provisions of this Agreement by either of the parties shall not be construed as a waiver of those provisions.

IN WITNESS WHEREOF, the appropriate elected officials of the Borough of Merchantville have placed their signatures and appropriate seals on this 28th day of April, 2008.

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE L. BROUSE, BOROUGH CLERK

I, DENISE L. BROUSE, Borough Clerk for the Borough of Merchantville, do hereby certify the foregoing to be a true and correct copy of the Interlocal Services Agreement adopted by Resolution of the Borough of Merchantville, at a meeting of said Borough of Merchantville on May 11, 2009 and that said Interlocal Services Agreement was adopted by Resolution which passed by a majority vote of the Borough Council of the Borough of Merchantville.

DENISE L. BROUSE, BOROUGH CLERK

IN WITNESS WHEREOF, the appropriate elected officials of the Merchantville Board of Education have placed their signatures and appropriate seals on this ________ day of May, 2009.

MERCHANTVILLE BOARD OF EDUCATION

BY:

BOARD PRESIDENT

ATTEST:

BOARD SECRETARY

I, ________________, Board Secretary for the Board of Education, do hereby certify the foregoing to be a true and correct copy of the Interlocal Services Agreement adopted by Resolution of the Merchantville Board of Education, at a meeting of said Board of Education on ___________________, 2009, and that said Interlocal Services Agreement was adopted by Resolution which passed by a majority vote of the Merchantville Board of Education.

BOARD SECRETARY

EXHIBIT “A”

P.L. 1975, C. 127 (N.J.A.C. 17:27)

MANDATORY AFFIRMATIVE ACTION LANGUAGE

PROCUREMENT, PROFESSIONAL AND SERVICE CONTRACTS

During the performance of this Agreement, the contractor agrees as follows:

The contractor or subcontractor, where applicable, will not discriminate against any employee or applicant for employment because of age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. The contractor will take affirmative action to ensure that such applicants are recruited and employed, and that employees are treated during employment, without regard to their age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Public Agency Compliance Officer setting forth provisions of this nondiscrimination clause;

The contractor or subcontractor, where applicable will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to age, race, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation;

The contractor or subcontractor, where applicable, will send to each labor union or representative or workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer advising the labor union or workers' representative of the contractor's commitments under this act and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

The contractor or subcontractor, where applicable, agrees to comply with the regulations promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time and the Americans with Disabilities Act.

The contractor or subcontractor agrees to attempt in good faith to employ minority and female workers consistent with the applicable county employment goals prescribed by N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time or in accordance with a binding determination of the applicable county employment goals determined by the Affirmative Action Office pursuant to N.J.A.C. 17:27-5.2 promulgated by the Treasurer pursuant to P.L. 1975, c. 127, as amended and supplemented from time to time.

The contractor or subcontractor agrees to inform in writing appropriate recruitment agencies in the area, including employment agencies, placement bureaus, colleges, universities, labor unions, that it does not discriminate on the basis of age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and that it will discontinue the use of any recruitment agency which engages in direct or indirect discriminatory practices.

The contractor or subcontractor agrees to revise any of its testing procedures, if necessary, to assure that all personnel testing conforms with the principles of job-related testing, as established by the statutes and court decisions of the State of New Jersey and as established by applicable Federal law and applicable Federal court decisions.

The contractor or subcontractor agrees to review all procedures relating to transfer, upgrading, downgrading and layoff to ensure that all such actions are taken without regard to age, creed, color, national origin, ancestry, marital status, sex, affectional or sexual orientation, and conform with the applicable employment goals, consistent with the statutes and court decisions of the State of New Jersey, and applicable Federal law and applicable Federal court decisions.

The contractor and its subcontractors shall furnish such reports or other documents to the Affirmative Action Office as may be requested by the office from time to time in order to carry out the purposes of these regulations, and public agencies shall furnish such information as may be requested by the Affirmative Action Office for conducting a compliance investigation pursuant to Subchapter 10 of the Administrative Code (N.J.A.C. 17:27).

Merchantville, NJ April 13, 2009

A Budget Workshop was held at 6:00 PM. All attended with Mr. Alloway arriving at 6:55 PM. Meeting was adjourned at 7:14 PM.

A regular meeting of Borough Council was held at 7:30 PM, Monday, April 13, 2009. Mayor Frank M. North presided. Pledge of Allegiance and the “Support Our Troops Resolution was read. Announcement was made that the meeting had been advertised in accordance with the regulations prescribed by the “Open Public Meetings Act”.

ROLL CALL:

Council Present: Alloway, Brennan, Perno, Brunton, Waldron and Fields.

Borough Clerk Brouse, Attorney Higgins, and CFO Denise Moules were present.

PRIVATE SESSION: On the motion of Mr. Perno and second of Mr. Brennan, council voted to adjourn to private session to discuss matters of possible litigation regarding 606 W. Maple Avenue.

On the motion of Mr. Waldron and second of Mr. Perno, council voted to return to public session at 8:05 PM.

PUBLIC HEARING

09-04

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, STATE OF NEW JERSEY AMENDING CHAPTER 86, VEHICLES AND TRAFFIC, OF THE CODE OF THE BOROUGH OF MERCHANTVILLE

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Merchantville, County of Camden, and State of New Jersey that Article X of Chapter 86, Vehicles and Traffic, of the Code of the Borough of Merchantville, is amended as follows:

ARTICLE I. ARTICLE X. SECTION 86-25 Schedule III – One-Way Streets

In accordance with the provisions of Section 86-5, the following described streets or parts of streets are hereby designated and added as one-way streets in the direction indicated:

Street Direction Limits

Oak Terrace North From Volan Street to Browning

Road

ARTICLE II.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE III.

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

09-06

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 70, SEWERS, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

WHEREAS, Chapter 70, Sewers, of the Code of the Borough of Merchantville provides that sewer connection charges for other than residential dwellings be established by ordinance of the Borough Council of the Borough of Merchantville; and

WHEREAS, the Merchantville Sewer Utility is obligated to establish certain minimum rates in accordance with a 1996 Agreement with the Pennsauken Sewerage Authority; and

WHEREAS, the Pennsauken Sewerage Authority has increased its rates as of February 1, 2009;

NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Merchantville that the following rates are hereby established as of May 1, 2009 for sewer service rates for other than residential dwellings:

Connection Permit Fee $1,207.00

ARTICLE II.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE III.

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

PUBLIC: NO PUBLIC

ENGINEER’S REPORT: Consulting Engineer Services provided a written project status report to Council.

APPROVAL OF MINUTES: On a motion of Mr. Perno and second of Mr. Brennan, council approved the regular meeting minutes for 3/23/09 as amended.

CORRESPONDENCE: A letter was read regarding bill A3541 extending the deadline for Recycling Coordinator.

COUNCIL REPORTS:

Mrs. Fields reported that EMS is doing well. Would like to get items out of the building. Satellite Ordinance will be coming back to council as amended. There are 3 properties that may be added to abandoned property list. NPP is accepting applications.

Mr. Waldron reported there will be a Public Events meeting next Monday. Birthday celebration was moved to Community Center for June 6. Car show will take place on July 11. The arts festival is postponed. Clean up day is April 25^th. Task Force and Business Association are working on a Farmer’s Market. Shade Tree received 50 trees. Cool Cities list is available and was emailed to Council. Arbor Day is April 24^th. Newsletter was folded by students.

Mr. Brunton gave license report. Emergency Management meeting did not take place. Public Works report-County ran out of salt, about 90 pot holes were filled, trees were trimmed and removed. Public Works vehicle inspections continue, policy was reviewed with public works employees, new work hours began today starting time is 5:30 AM, notify public of change.

Mr. Perno gave the buildings and ground report.

Mr. Brennan thanked everyone for the egg hunt. There are 300 tickets for the Riversharks game on June 25. We have a box for 25 tickets. How should we divide this? Also gave the Court report and Fire Dept. Report. Thanked the fire company for their help with Baseball Clean Up Day and Public Works for cleaning up the trash in that area.

Mr. Alloway gave the Police report. Right to know training has started. Received finger print grant, applied for Click it or Ticket grant.

Clerks Report- A new cleaning service has started. New flags need to be purchased.

Council has given the Engineer approval to proceed with the DOT & TE Grant applications.

OLD BUSINESS: Ordinance Adoption

On a motion of Mr. Perno and second of Mr. Brunton, Council adopted the following Ordinance:

09-04

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, STATE OF NEW JERSEY AMENDING CHAPTER 86, VEHICLES AND TRAFFIC, OF THE CODE OF THE BOROUGH OF MERCHANTVILLE

ARTICLE I. ARTICLE X. SECTION 86-25 Schedule III – One-Way Streets

In accordance with the provisions of Section 86-5, the following described streets or parts of streets are hereby designated and added as one-way streets in the direction indicated:

Street Direction Limits

Oak Terrace North From Volan Street to Browning

Road

ARTICLE II.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE III.

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

On a motion of Mr. Perno and second of Mrs. Fields. Council adopted the following Ordinance:

09-06

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 70, SEWERS, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

WHEREAS, the Merchantville Sewer Utility is obligated to establish certain minimum rates in accordance with a 1996 Agreement with the Pennsauken Sewerage Authority; and

WHEREAS, the Pennsauken Sewerage Authority has increased its rates as of February 1, 2009;

Connection Permit Fee $1,207.00

ARTICLE II.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE III.

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

NEW BUSINESS:

RESOLUTIONS to be approved by consent agenda: On the motion of Mr. Brunton and second of Mr. Perno, Council approved the following resolutions to be approved by Consent Agenda:

R09-55

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN, STATE OF NEW JERSEY APPOINTING

BRADFORD C. STOKES AS RECYCLING COORDINATOR

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, as part of this Act, a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs are made available; and

WHEREAS, municipalities can designate a Recycling Coordinator to be authorized to ensure that a grant application is properly completed and timely filed,

WHEREAS, it is the desire of the Mayor and Council of the Borough of Merchantville that Bradford C. Stokes be appointed as Recycling Coordinator for the Borough , and

NOW, THEREFORE, BE IT RESOLVED, by the governing body of the Borough of Merchantville that Bradford C. Stokes, 253 East Knight Avenue, Collingswood, NJ be and is hereby appointed as Recycling Coordinator for the Borough of Merchantville.

09-56

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, STATE OF NEW JERSEY PROPOSED BUS STOP ON PARK AVENUE, EASTBOUND AT COVE ROAD

BE IT RESOLVED, by the Mayor and Council of Merchantville Borough, County of Camden, State of New Jersey.

That pursuant to N.J.S.A. 39:4-8(e) the following described location is designated as a bus stop:

Along Park Avenue (CR621), eastbound, on the southerly side thereof at:

a. Cove Road (R616)-(Near Side)

Beginning at the westerly curb line of Cove Road and extending 105 feet westerly there-from.

That pursuant to N.J.S.A. 39:4-8(e) the following described locations are deleted as bus stops:

Along Maple Avenue (CR537), eastbound, on the southerly side thereof at:

a. West End Avenue- (near side)

Beginning at the westerly curb line of West End Avenue and extending 105 feet westerly there-from.

b. Chapel Avenue – (far side)

Beginning at the easterly curb line of Chapel Avenue and extending 100 feet easterly there-from.

Along Maple Avenue (CR537), westbound, on the northerly side thereof at:

a. Greenleigh Court – (Near side/prolongation)

Beginning at the prolongation of the easterly curb line of Greenleigh Court and extending 105 easterly there-from.

b. Centre Street (LCR622)-far side)

Beginning at westerly curb line of Centre Street and extending 100 feet westerly there-from.

c. Springfield Avenue – (near side)

Beginning at the easterly curb line of Springfield Avenue and extending 105 feet easterly there-from.

Along Centre Street (CR622), southbound, on the westerly side thereof at:

a. Cedar Street – (near side)

Beginning at the northerly curb line of Cedar Street and extending 105 feet northerly there-from.

Along Chapel Avenue (CR626), southbound, on the westerly side thereof at:

a. Stanley Avenue – (near side)

Beginning at the northerly curb line of Cedar Street and extending 105 feet northerly there-from.

That the Mayor and Council of the Merchantville Borough will enforce the needed traffic regulations governing the aforementioned bus stops location and provide the necessary police security to ensure the safety of the traveling public.

R09-57

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN, STATE OF NEW JERSEY APPROVING

APPLICATION FOR RECYCLING TONNAGE GRANT

SUBJECT: APPROVING THE APPLICATION OF A RECYCLING TONNAGE GRANT

WHEREAS, the Mandatory Source Separation and Recycling Act Recycling Act P.L. 1987, c.102, has established a recycling fund from which tonnage grants may be made to municipalities in order to encourage local source separation and recycling programs; and

WHEREAS, it is the intent and spirit of the Mandatory Source Separation and Recycling Act to use the tonnage grants to develop new municipal recycling programs and to continue and expand existing programs; and

WHEREAS, the New Jersey Department of Environmental Protection has promulgated recycling regulations to implement the Mandatory Source Separation and Recycling Act; and

WHEREAS, the recycling regulations imposed on municipalities certain requirements as a condition for applying for tonnage grants, including but not limited to making and keeping accurate, verifiable materials collected and claimed by the municipality and by setting up a dedicated recycling trust fund where funds shall be used solely for the purposes of recycling;

and

WHEREAS, a resolution authorizing this municipality to apply for such tonnage grants will memorialize the commitment of this municipality to recycling and indicate the assent of the Borough of Merchantville to the efforts undertaken by the municipality and the requirements contained in the recycling act and recycling regulations; and

WHEREAS, such a resolution should designate the individual authorized to ensure that the application is properly completed and timely filed,

NOW THEREFORE BE IT RESOLVED by the governing body of the Borough of Merchantville, County of Camden, State of New Jersey, that the Borough of Merchantville hereby endorses the submission of a municipal recycling tonnage grant application to the New Jersey DEP Office of Recycling and designates Bradford C. Stokes, Recycling Coordinator, to ensure that the said application is properly filed.

BOROUGH OF MERCHANTVILLE

RESOLUTION NO.09-58

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, DETERMINING THE FORM AND OTHER DETAILS OF ITS "NOTE RELATING TO THE INTERIM FINANCING 2009 TRUST LOAN PROGRAM OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST", TO BE ISSUED IN THE PRINCIPAL AMOUNT OF UP TO $1,845,000; AND PROVIDING FOR THE ISSUANCE AND SALE OF SUCH NOTE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH NOTE BY THE BOROUGH OF MERCHANTVILLE IN FAVOR OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, ALL PURSUANT TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST INTERIM FINANCING 2009 TRUST LOAN PROGRAM.

WHEREAS, the Borough of Merchantville, County of Camden, New Jersey ("Borough"), has determined that there exists a need for the rehabilitation of existing gravity sanitary sewer lines and manholes within the Borough's Sanitary Sewer System including, but not limited to, the cure in place pipe lining of gravity sewer lines and in-place repair of gravity sewer manholes, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto all as more particularly described in the application on file and available for inspection in the office of the Borough's Consulting Engineer ("Project"); and whereas it is the desire of the Borough to obtain financing for such Project through participation in the 2009 financing program ("2009 Environmental Infrastructure Financing Program") of the New Jersey Environmental Infrastructure Trust ("Trust"); and

WHEREAS, the Borough has determined to temporarily finance the construction of the Project prior to the closing with respect to the 2009 Environmental Infrastructure Financing Program (scheduled to occur on November 5, 2009), and to undertake such temporary financing with the proceeds of an interim loan to be made by the Trust ("Interim Loan") to the Borough, pursuant to the Interim Financing 2009 Trust Loan Program of the Trust ("Interim Financing Program"); and

WHEREAS, in order to: (i) evidence and secure the repayment obligation of the Borough to the Trust with respect to the Interim Loan; and (ii) satisfy the requirements of the Interim Financing Program, it is the desire of the Borough to issue and sell to the Trust the "Note Relating to the Interim Financing 2009 Trust Loan Program of the New Jersey Environmental Infrastructure Trust" in an aggregate principal amount of up to $1,845,000 ("Note"); and

WHEREAS, it is the desire of the Borough to authorize, execute, attest and deliver the Note to the Trust pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey ("Local Bond Law"), and other applicable law; and

WHEREAS, Section 28 of the Local Bond Law allows for the sale of the Note to the Trust, without any public offering, and N.J.S.A. 58:11B-9 allows for the sale of the Note to the Trust without any public offering, all under the terms and conditions set forth herein.

NOW, THEREFORE, BE IT RESOLVED BY THE BOROUGH COUNCIL OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, AS FOLLOWS:

Section 1. In accordance with Section 28 of the Local Bond Law and N.J.S.A. 58:11B-9, the Borough hereby authorizes the issuance, sale and award of the Note in accordance with the provisions hereof. The obligation represented by the Note has been appropriated and authorized by bond ordinance 2008-12 of the Borough, which bond ordinance is entitled, "BOND ORDINANCE AUTHORIZING IMPROVEMENTS TO THE SANITARY SEWER SYSTEM IN THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $1,845,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $1,845,000; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING", and was duly and finally adopted by the Borough at a meeting duly called and held on December 8, 2008, at which time a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law.

Section 2. The Chief Financial Officer of the Borough ("Chief Financial Officer") is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions hereof: (i) the final principal amount of the Note (subject to the maximum limitation set forth in Section 4(a) hereof); and (ii) the dated date of the Note.

Section 3. Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Note by the parties authorized pursuant to Section 4(h) hereof.

Section 4. The Borough hereby determines that certain terms of the Note shall be as follows:

(a) the principal amount of the Note to be issued shall be an amount up to $1,845,000;

(b) the maturity of the Note shall be November 6, 2009;

(d) the purchase price for the Note shall be par;

(e) the Note shall be subject to prepayment prior to its stated maturity in accordance with the terms and conditions of the Note;

(f) the Note shall be issued in a single denomination and shall be numbered "IFP-09-__";

(g) the Note shall be issued in fully registered form and shall be payable to the registered owner thereof as to both principal and interest in lawful money of the United States of America; and

(h) the Note shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved or reproduced thereon and attested by the manual signature of the Borough Clerk.

Section 5. The Note shall be substantially in the form attached hereto as Exhibit "A".

Section 6. The law firm of Parker McCay P.A., Marlton, New Jersey, is hereby authorized to arrange for the printing of the Note, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust for the Interim Financing Program, to arrange for same.

Section 7. The Mayor and Chief Financial Officer (collectively, the "Authorized Officers") of the Borough are hereby further severally authorized to: (i) execute and deliver, and the Borough Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the Borough to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers, in their respective sole discretion, after consultation with counsel and any advisors to the Borough and after further consultation with the Trust and its representatives, agents, counsel and advisors, to be executed in connection the issuance and sale of the Note and the participation of the Borough in the Interim Financing Program, which determination shall be conclusively evidenced by the execution of each such certificate or other document by the party authorized hereunder to execute such certificate or other document; and (ii) perform such other actions as the Authorized Officers deem necessary, desirable or convenient in relation to the execution and delivery of the Note and the participation of the Borough in the Interim Financing Program.

Section 8. All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.

Section 9. Upon the adoption hereof, the Borough Clerk shall forward certified copies of this resolution to Parker McCay P.A., bond counsel to the Borough, Dennis Hart, Executive Director of the Trust, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust.

Section 10. This resolution shall take effect immediately upon adoption this 13th day of April, 2009.

EXHIBIT "A"

FORM OF NOTE

BOROUGH OF MERCHANTVILLE, NEW JERSEY

NOTE

RELATING TO:

THE INTERIM FINANCING 2009 TRUST LOAN PROGRAM

OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST

$__________________ May ___, 2009 IFP-09-__

FOR VALUE RECEIVED, the BOROUGH OF MERCHANTVILLE, NEW JERSEY, a municipal corporation duly created and validly existing pursuant to the laws of the State (as hereinafter defined), and its successors and assigns ("Borrower"), hereby promises to pay to the order of the NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, a public body corporate and politic with corporate succession, duly created and validly existing under and by virtue of the Act (as hereinafter defined) ("Trust"), the Principal (as hereinafter defined), together with all unpaid accrued Interest (as hereinafter defined), fees, late charges and other sums due hereunder, if any, in lawful money of the United States of America, on the Maturity Date (as hereinafter defined) or the date of any optional prepayment or acceleration in accordance with the provisions of this note (this "Note").

SECTION 1. Definitions. As used in this Note, unless the context requires otherwise, the following terms shall have the following meanings:

"Act" means the "New Jersey Environmental Infrastructure Trust Act", constituting Chapter 334 of the Pamphlet Laws of 1985 of the State (codified at N.J.S.A. 58:11B‑1 et seq.), as the same may from time to time be amended and supplemented.

"Administrative Fee" means a fee of up to four-tenths of one percent (.40%) of that portion of the Principal identified in clause (i) of the definition thereof (as set forth in this Section 1), or such lesser amount, if any, as the Trust may determine from time to time.

"Anticipated Financing Program" means the financing program of the Trust, pursuant to which the Trust will issue, on or about November 5, 2009, its Trust Bonds for the purpose of financing, on a long term basis, the Project and other projects of certain qualifying borrowers.

"Anticipated Long Term Loan" means the long term loan made by the Trust to the Borrower from the proceeds of its Trust Bonds, as part of the Anticipated Financing Program.

"Authorized Officer" means any person authorized by the Borrower or the Trust, as the case may be, to perform any act or execute any document relating to the Loan or this Note.

"Code" means the Internal Revenue Code of 1986, as the same may from time to time be amended and supplemented, including any regulations promulgated thereunder, any successor code thereto and any administrative or judicial interpretations thereof.

"Cost" means those costs that are allocable to the Project, as shall be determined on a project-specific basis in accordance with the Regulations, as the same may be amended by subsequent eligible costs as evidenced by a certificate of an Authorized Officer of the Trust.

"Environmental Infrastructure Facilities" means Wastewater Treatment Facilities, Stormwater Management Facilities or Water Supply Facilities (as such terms are defined in the Regulations).

"Environmental Infrastructure System" means the Environmental Infrastructure Facilities of the Borrower, including the Project, for which the Borrower is receiving the Loan.

"Event of Default" means any occurrence or event specified in Section 6 hereof.

"Interest" means the interest charged on the Loan at a rate of 0.00% and payable by the Borrower to the Trust (i) on the Maturity Date or (ii) with respect to any optional prepayment or acceleration of the Loan, on the date of such optional prepayment or acceleration, as the case may be.

"Loan" means the loan of the Principal, made by the Trust to the Borrower to finance or refinance a portion of the Cost of the Project, as evidenced by this Note.

"Loan Disbursement Requisition" means the requisition, to be executed by an Authorized Officer of the Borrower and approved by the New Jersey Department of Environmental Protection, in a form to be determined by the Trust and the New Jersey Department of Environmental Protection.

"Maturity Date" means November 6, 2009, or such other date to which the repayment of the Loan shall be extended by the Trust in its sole discretion, which extension by the Trust shall be in connection with a delay in the closing for the Anticipated Financing Program.

"Principal" means the principal amount of the Loan, at any time being the lesser of (i) One Million Eight Hundred Forty-Five Thousand Dollars ($1,845,000), or (ii) the aggregate outstanding amount as shall actually be disbursed to the Borrower by the Trust pursuant to one or more Loan Disbursement Requisitions, which Principal shall be payable by the Borrower to the Trust (i) on the Maturity Date or (ii) with respect to any optional prepayment or acceleration of the Loan, on the date of such optional prepayment or acceleration, as the case may be.

"Project" means the Environmental Infrastructure Facilities of the Borrower which constitutes a project for which the Trust is making the Loan to the Borrower.

"Regulations" means the rules and regulations, as applicable, now or hereafter promulgated pursuant to N.J.A.C. 7:22‑3 et seq., 7:22‑4 et seq., 7:22‑5 et seq., 7:22‑6 et seq., 7:22‑7 et seq., 7:22‑8 et seq., 7:22‑9 et seq. and 7:22‑10 et seq., as the same may from time to time be amended and supplemented.

"State" means the State of New Jersey.

"Trust Bonds" means the revenue bonds of the Trust to be issued, as part of the Anticipated Financing Program.

SECTION 2. Representations of the Borrower. The Borrower represents and warrants to the Trust:

(a) Organization. The Borrower: (i) is a municipal corporation duly created and validly existing under and pursuant to the Constitution and laws of the State; (ii) has full legal right and authority to execute, attest and deliver this Note, to sell this Note to the Trust, and to perform its obligations hereunder, and (iii) has duly authorized, approved and consented to all necessary action to be taken by the Borrower for: (A) the issuance of this Note, the sale thereof to the Trust and the due performance of its obligations hereunder and (B) the execution, delivery and due performance of all certificates and other instruments that may be required to be executed, delivered and performed by the Borrower in order to carry out and give effect to this Note.

(b) Authority. This Note has been duly authorized by the Borrower and duly executed, attested and delivered by Authorized Officers of the Borrower. This Note has been duly sold by the Borrower to the Trust and duly issued by the Borrower and constitutes a legal, valid and binding obligation of the Borrower, enforceable against the Borrower in accordance with its terms, except as the enforcement thereof may be affected by bankruptcy, insolvency or other laws or the application by a court of legal or equitable principles affecting creditors’ rights.

(c) Pending Litigation. There are no proceedings pending or, to the knowledge of the Borrower, threatened against or affecting the Borrower that, if adversely determined, would adversely affect (i) the condition (financial or otherwise) of the Borrower, (ii) the ability of the Borrower to satisfy all of its Loan repayment obligations hereunder, (iii) the authorization, execution, attestation or delivery of this Note, (iv) the issuance of this Note and the sale thereof to the Trust, and (v) the Borrower’s ability otherwise to observe and perform its duties, covenants, obligations and agreements under this Note.

(d) Compliance with Existing Laws and Agreements; Governmental Consent. (i) The due authorization, execution, attestation and delivery of this Note by the Borrower and the sale of this Note to the Trust, (ii) the observation and performance by the Borrower of its duties, covenants, obligations and agreements hereunder, including, without limitation, the repayment of the Loan and all other amounts due hereunder, and (iii) the undertaking and completion of the Project, will not (A) other than the lien, charge or encumbrance created by this Note and by any other outstanding debt obligations of the Borrower that are at parity with this Note as to lien on, and source and security for payment thereon from, the general tax revenues of the Borrower, result in the creation or imposition of any lien, charge or encumbrance upon any properties or assets of the Borrower pursuant to, (B) result in any breach of any of the terms, conditions or provisions of, or (C) constitute a default under, any existing ordinance or resolution, outstanding debt or lease obligation, trust agreement, indenture, mortgage, deed of trust, loan agreement or other instrument to which the Borrower is a party or by which the Borrower, its Environmental Infrastructure System or any of its properties or assets may be bound, nor will such action result in any violation of the provisions of the charter or other document pursuant to which the Borrower was established or any laws, ordinances, injunctions, judgments, decrees, rules, regulations or existing orders of any court or governmental or administrative agency, authority or person to which the Borrower, its Environmental Infrastructure System or its properties or operations are subject. The Borrower has obtained all permits and approvals required to date by any governmental body or officer for the authorization, execution, attestation and delivery of this Note, for the sale of this Note to the Trust, for the making, observance and performance by the Borrower of its duties, covenants, obligations and agreements under this Note, and for the undertaking and completion of the Project.

(e) Reliance. The Borrower hereby acknowledges that the Trust is making the Loan to the Borrower pursuant to the terms hereof in reliance upon each of the representations of the Borrower set forth in this Section 2.

SECTION 3. Covenants of the Borrower.

(a) Participation in the Anticipated Financing Program. The Borrower covenants and agrees that it shall undertake and complete in a timely manner all conditions precedent identified by the Trust relating to (i) the participation by the Borrower in the Anticipated Financing Program and (ii) the qualification by the Borrower for receipt of the Anticipated Long Term Loan.

(b) Full Faith and Credit Pledge. To secure the repayment obligation of the Borrower with respect to this Note, and all other amounts due under this Note, the Borrower unconditionally and irrevocably pledges its full faith and credit and covenants to exercise its unlimited taxing powers for the punctual payment of any and all obligations and amounts due under this Note. The Borrower acknowledges that, to assure the continued operation and solvency of the Trust, the Trust may, pursuant to and in accordance with Section 12a of the Act, require that if the Borrower fails or is unable to pay promptly to the Trust in full any Loan repayments, any Interest or any other amounts due pursuant to this Note, an amount sufficient to satisfy such deficiency shall be paid by the State Treasurer to the Trust from State‑aid otherwise payable to the Borrower.

(c) Disposition of Environmental Infrastructure System. The Borrower covenants and agrees that it shall not sell, lease, abandon or otherwise dispose of all or substantially all of its Environmental Infrastructure System without the express written consent of the Trust, which consent may or may not be granted by the Trust in its sole discretion.

(d) Financing With Tax Exempt Bonds. The Borrower acknowledges, covenants and agrees that it is the intention of the Borrower to finance the Project on a long term basis with proceeds of Trust Bonds now or hereinafter issued, the interest on which is excluded from gross income for purposes of federal income taxation pursuant to Section 103(a) of the Code ("tax exempt bonds"). In furtherance of such long term financing with tax exempt bonds, the Borrower covenants that, except to the extent expressly permitted in writing by the Trust, the Borrower will not take any action or permit any action to be taken which would result in any of the proceeds of the Loan being used (directly or indirectly) (i) in any "private business use" within the meaning of Section 141(b)(6) of the Code, (ii) to make or finance loans to persons other than the Borrower, or (iii) to acquire any "nongovernmental output property" within the meaning of Section 141(d)(2) of the Code. In addition, the Borrower covenants and agrees that no portion of the Project will be investment property, within the meaning of Section 148(b) of the Code. The Borrower covenants and agrees that any Costs of the Borrower’s Project to be paid or reimbursed with proceeds of the Loan will result in the expenditure of proceeds under Treasury Regulations §1.148‑6(d) and Treasury Regulations §1.150‑2.

(e) Operation and Maintenance of Environmental Infrastructure System. The Borrower covenants and agrees that it shall maintain its Environmental Infrastructure System in good repair, working order and operating condition, and make all necessary and proper repairs and improvements with respect thereto.

(f) Records and Accounts; Inspections. The Borrower covenants and agrees that it shall keep accurate records and accounts for its Environmental Infrastructure System (the "System Records"), separate and distinct from its other records and accounts (the "General Records"), which shall be audited annually by an independent registered municipal accountant and shall be made available for inspection by the Trust upon prior written notice. The Borrower shall permit the Trust to inspect the Environmental Infrastructure System.

(g) Insurance. The Borrower covenants and agrees that it shall maintain insurance policies providing against risk of direct physical loss, damage or destruction of its Environmental Infrastructure System, in an amount that will satisfy all applicable regulatory requirements. The Borrower covenants and agrees that it shall include, or cause to be included, the Trust as an additional "named insured" on any certificate of liability insurance procured by the Borrower and by any contractor or subcontractor for the Project.

(h) Reliance. The Borrower hereby acknowledges that the Trust is making the Loan to the Borrower pursuant to the terms hereof in reliance upon each of the covenants of the Borrower set forth in this Section 3.

SECTION 4. Disbursement of the Loan Proceeds; Amounts Payable; Prepayment; and Late Fee. The Trust shall effectuate the Loan to the Borrower by making one or more disbursements to the Borrower promptly after receipt by the Trust of a Loan Disbursement Requisition, each such disbursement and the date thereof to be recorded by an Authorized Officer of the Trust on the table attached as Exhibit A hereto. The latest date upon which the Borrower may submit to the Trust a Loan Disbursement Requisition is October __, 2009. On the Maturity Date, the Borrower shall repay the Loan to the Trust in an amount equal to: (i) the Principal; (ii) the Interest; (iii) the Administrative Fee, if any; and (iv) any other amounts due and owing pursuant to the provisions of this Note. The Borrower may prepay the Loan Authorized Officer of the Trust. Each payment made to the Trust shall be applied to the payment of, first, the Interest then due and payable, second, the Principal, third, the Administrative Fee, if obligations hereunder, in whole or in part, upon receipt of the prior written consent of an any, fourth, any late charges, and, finally, any other amount due pursuant to the provisions of this Note. In the event that the repayment obligation set forth in this Note is received by the Trust later than the Maturity Date, a late fee shall be payable to the Trust in an amount equal to the greater of twelve percent (12%) per annum or the prime rate as published in the Wall Street Journal on the Maturity Date plus one half of one percent per annum on such late payment from the Maturity Date to the date it is actually paid; provided, however, that any late payment charges incurred hereunder shall not exceed the maximum interest rate permitted by law.

SECTION 5. Unconditional Obligations. The direct, general obligation of the Borrower to make the Loan repayments and all other payments required hereunder and the obligation to perform and observe the other duties, covenants, obligations and agreements on its part contained herein shall be absolute and unconditional, and shall not be abated, rebated, set‑off, reduced, abrogated, terminated, waived, diminished, postponed or otherwise modified in any manner whatsoever while any Loan repayments, or any other payments due hereunder, remain unpaid, regardless of any contingency, act of God, event or cause whatsoever, including (without limitation) any acts or circumstances that may constitute failure of consideration, eviction or constructive eviction, the taking by eminent domain or destruction of or damage to the Project or Environmental Infrastructure System, commercial frustration of the purpose, any change in the laws of the United States of America or of the State or any political subdivision of either or in the rules or regulations of any governmental authority, any failure of the Trust to perform and observe any agreement or any duty, liability or obligation arising out of this Note, or any rights of set-off, recoupment, abatement or counterclaim that the Borrower might have against the Trust or any other party; provided, however, that payments hereunder shall not constitute a waiver of any such rights.

SECTION 6. Events of Default. The following events shall constitute an "Event of Default" hereunder: (i) failure by the Borrower to pay, when due, any and all of its Loan repayment obligations hereunder, and any other payment obligations due hereunder; (ii) failure by the Borrower to observe and perform any duty, covenant, obligation or agreement on its part to be observed or performed pursuant to the terms of this Note; (iii) any representation made by the Borrower contained in this Note or in any instrument furnished in compliance with or with reference to this Note is false or misleading in any material respect; and (iv) a petition is filed by or against the Borrower under any federal or state bankruptcy or insolvency law or other similar law in effect on the date of this Note or thereafter enacted, unless in the case of any such petition filed against the Borrower such petition shall be dismissed within thirty (30) days after such filing and such dismissal shall be final and not subject to appeal, or the Borrower shall become insolvent or bankrupt or shall make an assignment for the benefit of its creditors, or a custodian of the Borrower or any of its property shall be appointed by court order or take possession of the Borrower or its property or assets if such order remains in effect or such possession continues for more than thirty (30) days.

SECTION 7. Remedies upon Event of Default. Whenever an Event of Default shall have occurred and be continuing pursuant to the terms hereof, the Borrower hereby acknowledges and agrees to the rights of the Trust to take any action permitted or required at law or in equity to collect the amounts then due and thereafter to become due hereunder or to enforce the observance and performance of any duty, covenant, obligation or agreement of the Borrower hereunder. If an Event of Default shall have occurred, the Borrower hereby acknowledges and agrees that the Trust shall have the right to declare all Loan repayments and all other amounts due hereunder to be due and payable immediately without further notice or demand. The Borrower hereby acknowledges and agrees that no remedy herein is intended to be exclusive, and every remedy shall be cumulative and in addition to every other remedy given under this Note or now or hereafter existing at law or in equity. The Borrower hereby further acknowledges and agrees that no delay or omission by the Trust to exercise any remedy or right accruing upon any Event of Default shall impair any such remedy or right or shall be construed to be a waiver thereof, but any such remedy or right may be exercised as often as may be deemed expedient. The Borrower hereby agrees that upon demand it shall pay to the Trust the reasonable fees and expenses of attorneys and other reasonable expenses (including, without limitation, the reasonably allocated costs of in‑house counsel and legal staff) incurred in the collection of Loan repayments or any sum due hereunder or in the enforcement of the observation or performance of any obligations or agreements of the Borrower upon an Event of Default. Any moneys collected by the Trust pursuant to this Section 7 shall be applied first to pay any attorneys’ fees or other fees and expenses owed by the Borrower.

SECTION 8. Certain Miscellaneous Provisions. The Borrower hereby acknowledges and agrees as follows: (a) all notices hereunder shall be deemed given when hand delivered or when mailed by registered or certified mail, postage prepaid, to the Borrower at the following address: Borough of Merchantville, County of Camden, New Jersey, 1 West Maple Avenue, Merchantville, New Jersey 08109, Attention: Denise Moules, Chief Financial Officer; and to the Trust at the following address: New Jersey Environmental Infrastructure Trust, P.O. Box 440, Trenton, New Jersey 08625, Attention: Executive Director; (b) this Note shall be binding upon the Borrower and its successors and assigns; (c) in the event any provision of this Note is held illegal, invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate, render unenforceable or otherwise affect any other provision hereof; (d) the obligations of the Borrower pursuant to the terms of this Note may not be assigned by the Borrower for any reason, unless the Trust shall have approved said assignment in writing; (e) this Note may not be amended, supplemented or modified without the prior written consent of the Trust; (f) this Note shall be governed by and construed in accordance with the laws of the State; (g) the Borrower shall, at the request of the Trust, execute and deliver such further instruments as may be necessary or desirable for better assuring, conveying, granting, assigning and confirming the rights, security interests and agreements granted or intended to be granted by this Note; and (h) whenever the Borrower is required to obtain the determination, approval or consent of the Trust pursuant to the terms hereof, such determination, approval or consent may be either granted or withheld by the Trust in its sole and absolute discretion.

PROCLAMATION FOR ARBOR DAY 2009: Proclamation was read aloud by Mayor North.

DISCUSSION-there was a discussion on rental ordinance.

APPROVAL- was given by council regarding bus shelter styles.

On a motion of Mr. Waldron and second of Mr. Alloway, approval was given to F.W. Grigg Post # 68 American Legion for a Memorial Day Ceremony.

PAYMENT OF BILLS:

On the motion of Mr. Perno and second of Mr. Brennan, Council approved the following bills for payment:

R09-60

RESOLUTION

RESOLVED that the Report of the Department of Accounts and Auditing be accepted and spread upon the minutes and the Treasurer be is hereby authorized to pay bills approved therein.

Borough of Merchantville		Bill List Summary	April 13, 2009
Current Fund

Checks Current Fund		2008 Budget		$3,306.25
		2009 Budget		$82,557.43
		State / Federal Grants		$10,196.88
		Debt Service
		Board of Education
Revenue Current Fund
		Checks Delivered		$468,516.93
			Total Current	$564,577.49

Sewer Utility Fund
		2009 Budget		$80.00
		Debt Service
		Checks Delivered
			Total Sewer	$80.00

Recreation Commission

		2009 Budget		$1,518.07
		Checks Delivered
			Total Recreation	$1,518.07

General Capital Fund

		2009 Budget		$4,013.79
		Checks Delivered
			Total Capital	$4,013.79

Trust-Other Fund
		2009 Budget		$2,998.20
		Checks Delivered
			Total Trust	$2,998.20

Animal Trust		2009 Budget		$46.20
Unemployment		2009 Budget
		Checks Delivered
			Total	$46.20
			Total Bill list	$573,233.75

DIRECTOR OF ACCOUNTS & AUDITING
PATRICIA FIELDS
	ANNOUNCEMENTS: ADJOURNMENT: On the motion of Mr. Perno and second of Mr. Brennan, the meeting was adjourned at 9:38 PM.

DENISE BROUSE

BOROUGH CLERK

Merchantville, NJ April 27, 2009

A regular meeting of Borough Council was held at 7:30 PM, Monday, April 27, 2009. Mayor Frank North presided. Pledge of Allegiance and Silent Prayer were observed. Announcement was made that the meeting had been advertised in accordance with the regulations prescribed by the “Open Public Meetings Act”.

ROLL CALL:

Council Present: Alloway, Brennan, Perno, Brunton, Waldron, and Fields

Borough Clerk Denise Brouse CFO Denise Moules and Mr. Gulligan were present.

PUBLIC:

Gail Ford, 135 N. Centre Street, spoke regarding bond /bike path, $150,000, Pilot Money? Chestnut Station & Maple Chapel. Budget showed actual $11,500 or $12,500 2008 vs 2009.

Maple Chapel $11,500 and school will receive $7,000 based on land value & building value to school. What is it based on? Is it making the school whole. Budget recommendations from public? Did council look at job descriptions regarding job certs.? We have job descriptions on file.

OLD BUSINESS: None

NEW BUSINESS:

RESOLUTION 09-63 Read Budget by Title Only: On the motion of Mr. Alloway and second of Mrs. Fields, Council approved the following resolution:

09-63

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN AND STATE OF NEW JERSEY

GIVING APPROVAL TO READ BUDGET BY TITLE ONLY

WHEREAS, N.J.S. 40A:4-8, as amended by Chapter 259, P.L. 1995 provides that the budget may be read by title only at the time of the public hearing if a resolution is passed by not less than a majority of the full governing body, providing that at least one week prior to the date of hearing, a complete copy of the budget has been made available for public inspection in the free public library, if any, located within our municipality and a county library. If there is no county library located within the municipality, then it must be provided to any county library in the county wherein the municipality is located. Further, the public officer delegated the responsibility for delivery of the copies to said libraries has completed a certification forwarded to the governing body that such deliveries were made and copies have been made available by the Clerk to persons requesting them; and

WHEREAS, these two conditions have been met;

NOW, THEREFORE, BE IT RESOLVED, that the budget shall be read by title only.

RESOLUTION 09-62 Authorizing Temporary Emergency Appropriations: On the motion of Mr. Alloway and second of Mr. Brennan, Council approved the following resolution:

09-62

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN AND STATE OF NEW JERSEY

AUTHORIZING TEMPORARY EMERGENCY APPROPRIATIONS

WHEREAS, adoption of the 2009 Municipal Budget has been delayed; and

WHEREAS, no provision was made in the 2009 Temporary Budget for budget appropriations beyond March 31, 2009; and

WHEREAS, NJSA 40A:4-20 provides for the creation of an emergency temporary appropriation for operating expenditures when the adoption of the Municipal Budget has been delayed; and

WHEREAS, the total emergency operating expenditures for the second quarter of 2009 are expected to be $ 1,061,874.44 for the Current Fund and $ 89,656.61 for the Sewer Fund;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Merchantville in accordance with the provisions of NJSA 40A:4-20 that:

An emergency temporary appropriation in the amount of $1,061,874.44 for the Current Fund and $ 89,656.61 for the Sewer Fund is hereby made.

That said emergency temporary appropriations have been provided for in the 2009 Municipal Budget.

RESOLUTION 09-64 Introduce 2009 Budget: On the motion of Mr. Brennan and second of Mr. Perno, Council approved the following resolution:

R09-64

MUNICIPAL BUDGET OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, STATE OF NEW JERSEY FOR THE FISCAL YEAR 2009

BE IT RESOLVED, that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2009;

BE IT FURTHER RESOLVED, that said Budget be published in The Retrospect in the issue of May 1, 2009. The Governing Body of the Borough of Merchantville does hereby approve the following as the Budget for the year 2009.

On the motion of Mr. Perno and second of Mrs. Fields, Council approved the following resolutions by Consent Agenda:

R09-65

AMENDING RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY AUTHORIZING THE PURCHASE OF BOROUGH OFFICE EQUIPMENT AND FURNITURE

WHEREAS, the Borough Council of the Borough of Merchantville is desirous of purchasing office equipment and furniture for the Borough Hall in accordance with Ordinance 07-09, 04-12 account

C-04-55-824-905; and

WHEREAS, the Chief Financial Officer has certified as to the availability of funds;

NOW, THEREFORE, BE IT RESOLVED, that approval has been granted for the purchase of office equipment and furniture for the Borough Hall from Concord Products, 251 Benigno Avenue, Bellmawr, NJ 08031, State Contract #A57048 & #A69976 estimate #A57048, at a total cost of $22,236.13.

09-66

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING EXECUTION OF THE 2009 SHARED SERVICE AGREEMENT WITH CAMDEN COUNTY FOR ACCESS TO THE COUNTY ARMORED VEHICLE FOR CERTAIN CRITICAL INCIDENTS

WHEREAS, the Mayor and Council of the Borough of Merchantville wish to participate in the shared service agreement with Camden County for Access to the County’s Armored Vehicle for Certain Critical Incidents; and

WHEREAS, the Camden County Board of Chosen Freeholders authorized the agreement on January 22, 2009;

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Merchantville, County of Camden, State of New Jersey, that Frank M. North, Mayor of the Borough of Merchantville, be and hereby is authorized to execute the agreement effective May 1, 2009 to December 31, 2009, attached hereto as Exhibit “A,” providing for participation with Camden County Armored Vehicle for Certain Critical Incidents.

ORDINANCES FOR INTRODUCTION ON FIRST READING

09-08

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN

STATE OF NEW JERSEY FOR THE CALENDAR YEAR 2009 TO EXCEED THE

MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK

(N.J.S.A. 40A: 4-45.14)

WHEREAS, the Local Government Cap Law, N.J.S.A 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,

WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,

WHEREAS, the Governing Body of the Borough of Merchantville in the County of Camden finds it advisable and necessary to increase its CY 2009 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,

WHEREAS, the Governing Body hereby determines that a 1 % increase in the budget for said year, amounting to $ 34,462.79 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,

WHEREAS, the Governing Body hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.

NOW THEREFORE BE IT ORDAINED, by the Governing Body of the Borough of Merchantville, in the County of Camden, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2009 budget year, the final appropriations of the Merchantville shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5 %, amounting to $ 122,828.92, and that the CY 2009 municipal budget for the Merchantville be approved and adopted in accordance with this ordinance; and,

BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,

BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

09-09

BOROUGH OF MERCHANTVILLE, NEW JERSEY

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $679,300;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $189,335; and

Section 3. The sum of $189,335, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $9,965, which amount represents the required down payment, and the sum of $480,000, which amount represents grants from the New Jersey Department of Transportation, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $189,335 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the amount of available grants for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:

	Purpose/Improvement	Estimated Total Cost	Down Payment	Grant / Aid	Amount of Obligations	Period of Usefulness
A.	Reconstruction of and Improvements to Morris Avenue and Prospect Avenue, together with the installation of Curb Cuts along Maple Avenue, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto	$494,300	$8,215	$330,000	$156,085	10 years
B.	Reconstruction of and Improvements to the Borough's Bike Path, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto	150,000	0	150,000	0	N/A
C.	Acquisition of Various Equipment for the Police Department including, but not limited to Vehicle Camera Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefore or related thereto	35,000	1,750	0	33,250	7 years
	TOTAL	$679,300	$9,965	$480,000	$189,335

Section 9. Grants in addition to those identified in Section 7 above or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance the costs of the purposes described in Section 7 above.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $189,335 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Borough hereby covenants as follows:

(d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication after final passage.

09-10

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AMENDING CHAPTER 71A, STORMWATER MANAGEMENT, IN THE CODE OF THE BOROUGH OF MERCHANTVILLE

ARTICLE VII.

Yard Waste Collection Program

ARTICLE I. ARTICLE VII. SECTION 71A-23. Yard Waste Collection

ARTICLE VIII.

General Provisions

ARTICLE II. ARTICLE VIII. SECTION 71A-25. Violations and penalties.

ARTICLE X.

Private Storm Drain Retrofitting

ARTICLE III. ARTICLE X. SECTION 71A-43. Purpose

ARTICLE IV. ARTICLE X. SECTION 71A-44. Definitions

B. Person – any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.

C. Storm drain inlet – an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.

ARTICLE V. ARTICLE X. SECTION 71A-45. Prohibited Conduct

A. Already meets the design standard below to control passage of solid and floatable materials; or

B. Is retrofitted or replaced to meet the standard in Section 71A-46 below prior to the completion of the project.

ARTICLE VI. ARTICLE X. SECTION 71A-46. Design Standards

2. A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inches across the smallest dimension.

C. This standard does not apply:

i. A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or

ii. A bar screen having a bar spacing of 0.5 inches.

3. Where flows are conveyed through a trash rack that has parallel bars with one-inch (1”) spacing between the bars; or

ARTICLE XI.

Refuse Containers/Dumpsters

ARTICLE VII. ARTICLE XI. SECTION 71A-47. Purpose

ARTICLE VIII. ARTICLE XI. SECTION 71A-48. Definitions

B. Person – any individual, corporation, company, partnership, firm association, or political subdivision of this State subject to municipal jurisdiction.

C. Refuse container – any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.

ARTICLE IX. ARTICLE XI. SECTION 71A-49. Prohibited Conduct

ARTICLE X. ARTICLE XI. SECTION 71A-50. Prohibition; Exceptions:

A. Permitted temporary demolition containers;

B. Litter receptacles (other than dumpsters or other bulk containers);

C. Individual homeowner trash and recycling containers;

D. Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit; or

E. Large bulky items (e.g. furniture, bound carpet and padding, white goods placed outside for pickup).

ARTICLE XI.

All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith.

ARTICLE XII.

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

ANNOUNCEMENTS:

Clean up day is Saturday, April 25, Financial Disclosure Statements are due April 30^th , there will be a web site meeting. Would anyone like to attend? There is a transportation infrastructure questionnaire, Summer Council meeting dates will be only the 2^nd Monday of June, July and August. Borough summer hours will be beginning the week after Memorial Day. Windows are scheduled to be installed the end of April.

PRIVATE SESSION:

On the motion of Mr. Brennan and second of Mrs. Fields council adjourned to private session regarding matters of contract negotiations and possible litigation.

On a Motion of Mrs. Fields and second of Mr. Perno, Council voted to return to public session.

RESOLUTION 09-67 Authorizing Mayor to sign PSWMA documents: On the motion of Mr. Alloway and second of Mr. Brunton, Council approved the following resolution:

09-67

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE MAYOR, BOROUGH CLERK AND BOROUGH ATTORNEY TO EXECUTE THE SETTLEMENT DOCUMENTS RELATIVE TO THE PENNSAUKEN SOLID WASTE MANAGEMENT AUTHORITY (PSWMA) LITIGATION

WHEREAS, the Borough of Merchantville (hereinafter "Merchantville") was named as a Defendant in litigation brought in 1991 for certain damages as a result of its usage of the facility known as the “Pennsauken Landfill,” (hereinafter “PSWMA”), then owned and operated by the Pollution Control Financing Authority of Camden County (hereinafter PCFACC), as successor in interest to the Pennsauken Solid Waste Management Authority; and

WHEREAS, a settlement has been reached in this litigation between the PCFACC and the eight (8) municipal defendants for a gross amount of $1.25 million dollars; and

WHEREAS, the proportionate share of this settlement for Merchantville is $242,165.00, representing the apportioned volume deposited by Merchantville at the Pennsauken Landfill during its operation by both Ward Sand and the PSWMA; and

WHEREAS, the settlement amount to be paid by Merchantville is subject to insurance coverage through The Hartford Insurance Company (75%), Travelers Insurance Company (18%) and ACE Property & Casualty Insurance Company (7%), who have tentatively agreed to pay this indemnity on behalf of Merchantville, subject to the completion of a contract regarding same; and

WHEREAS, the municipal defendants, including Merchantville, and PCFACC intend by virtue of this document to set forth the terms and conditions of this Agreement; and

NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Merchantville, County of Camden, State of New Jersey, that Frank M. North, Mayor of the Borough of Merchantville, Denise Brouse, Borough Clerk of the Borough of Merchantville and Timothy J. Higgins, Esquire, Borough Attorney of the Borough of Merchantville, be and hereby are authorized to execute the settlement documents, attached hereto as Exhibits “A” and “B”, providing for the settlement of the above-referenced litigation on behalf of the Borough of Merchantville.

ADJOURNMENT: On the motion of Mr. Brennan and second of Mr. Alloway, the meeting was adjourned at 8:18 PM.

________________________

DENISE L. BROUSE DENISE BROUSE

BOROUGH CLERK BOROUGH CLERK