Information on the 13 July Council meeting was sent at 4:10 pm Friday, 7 August. 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), Uncategorized items (bordered in pink) and prior meeting minutes (bordered in orange). Attachments are included with the items when available.

09-11 revised

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 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-2(i). 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 (C)(9) of this Chapter.

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

C. Fees enumerated.

9. Satellite Dish Antenna. No satellite earth station antenna, inclusive of its mount, shall be built, erected or modified unless a construction permit is issued by the Construction Official. Any person (which shall include corporations, partnerships, associations or any other legal entity) applying for such a permit shall furnish to the Construction Official such plans, drawings and specifications as he or she may reasonably require as to the satellite earth station antenna to be constructed, erected or modified and shall pay a fee equal and equivalent to the sum of $6 per $1,000 of the value of the cost of said construction and installation of said satellite antenna commonly known as a "satellite dish." In no case shall the fee be less than Fifty ($50.00) Dollars for a satellite dish antenna to be erected pursuant to Section 94-9.

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 July 13, 2009. This Ordinance will be considered for adoption on final reading and public hearing to be held on August 10, 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.

Merchantville, NJ June 8, 2009

A regular meeting of Borough Council was held at 7:30 PM, Monday, June 8, 2009. Mayor Frank M. 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 Brouse, and Attorney Higgins, CFO Moules & Bob Nehila.

On the motion of Mr. Brunton and second of Mrs. Fields, Council approved the reading of the budget by title only.

R09-87

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN, STATE OF NEW JERSEY

AUTHORIZING THE BUDGET TO BE READ BY TITLE ONLY

WHEREAS, N.J.S. 40A:4-8, as amended by Chapter 259, P.L. 1995, provides that the budget 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 the 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 office 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 requiring them; and

WHEREAS, these two conditions have been met;

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

PUBLIC HEARING ON BUDGET:

Gail Ford, 135 N. Centre Street, representing 18 residents propose reducing budget by $80,000 recurring expenses on other line items, copy of recommendation given to council to combine staff and salary freeze. State Aid continues to be reduced. Have we gotten job descriptions? Yes. Mayor said administrative costs have been reduced. States interested in merging small towns and Merchantville will reject this item-request delaying action on this budget and make cuts. Mr. Brunton agrees with budget cutting, Police cars are needed because the car receives the worse type of wear. Mr. Waldron said that cuts were made this year. Shade Tree and Public Events were cut. We asked all departments to make cuts.

Marvin Gaskill, 102 E. Chestnut Street, has a 5 unit rental property. Taxes have increased by $4,000 in 7 years. Propose setting a cap on tax increases for the Borough. Mr. Brunton stated that we could have reduced staff of approximately $36,000-$40,000 with the position of paid fire fighter and remove apartment line item, break out surplus in budget. Are we looking at the same surplus? Mrs. Moules said lost revenue-fee structures are changing and will probably be less. Mayor North stated could have opted of pension-deferred. We chose not to do this. We are working fiscally. Fire person maintains vehicles, inspections, trainings, grants. Mr. Perno said if Fire Dept. shuts down it will cost the Borough more in the long run.

BUDGET ADOPTION: Initially the budget was not passed at the onset of the meeting. On the motion of Mr. Alloway and second of Mr. Waldron, Council voted down the 2009 budget by a three to three vote. A private session was held and the budget was then passed as it stands. On the motion of Mr. Perno and second of Mr. Brennan, Council approved the 2009 budget.

R09-88

RESOLUTION ADOPTING THE 2009 MUNICIPAL

BUDGET OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDENIN THE STATE OF NEW JERSEY

BE IT RESOLVED by the Borough Council of the Borough of Merchantville, County of Camden that the budget hereinafter set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $ 4,352,611.43 for municipal purposes, and certification to the County Board of Taxation of the following summary of general revenues and appropriations:

SUMMARY OF REVENUES:

General Revenues:

Surplus Anticipated $ 700,000.00

Miscellaneous Revenues Anticipated 1,212.856.00

Receipts from Delinquent Taxes 380,000.00

Amount to be Raised by Taxation for

Municipal Purposes 2,059,755.43

TOTAL REVENUES $ 4,352,611.43

GENERAL APPROPRIATIONS:

WITHIN “CAPS”:

Operations including Contingent $ 3,083,085.70

Deferred Charges and Statutory

Expenditures – Municipal 336,832.52

EXCLUDED FROM “CAPS”:

Operations – Total Operations Excluded

From “CAPS” 149,016.00

Deferred Charges –Municipal 4,000.00

Capital Improvements .00

Municipal Debt Service 357,189.00

Reserve for Uncollected Taxes 422,488.21

TOTAL APPROPRIATIONS $ 4,352,611.43

BE IT FURTHER RESOLVED THAT the utility budget hereinafter set forth is hereby adopted and shall constitute an appropriation for the purposes stated of the sums therein set forth as appropriations, and authorization of the amount of $410,000.00.

SUMMARY OF REVENUES:

General Revenues:

Surplus $ 90,000.00

Miscellaneous Revenues 320,000.00

TOTAL REVENUES $ 410,000.00

SUMMARY OF APPROPRIATIONS:

Operations $ 271,500.00

Capital Improvements 71,558.50

Debt Service 60,941.50

Statutory Appropriations & Deferred Charge 6,000.00

TOTAL APPROPRIATIONS $ 410,000.00

PUBLIC HEARING:

No public portion on Ordinance 09-13 Chapter 60B Property Maintenance Code

ENGINEER’S REPORT: Sewer line rehab, trying to get it moving along. Morris & Prospect advertise for Bid. Speed Humps have been approved for three.

APPROVAL OF MINUTES: On a motion of Mr. Perno and second of Mr. Waldron Council approved the regular meeting minutes for 5.26.09.

CORRESPONDENCE: Jeff Brown wrote a letter thanking mayor and council for the proclamation honoring Russell Mutschler.

COUNCIL REPORTS:

Mrs. Fields-Borough hall summer hours have started. There were 27 EMS calls and everything is going well. Planning Board meeting is cancelled. 606 West Maple Avenue is under new management. 24 West End Avenue will work with Borough in possible taking and sale. No NPP report. August 4^th is National police night out.

Mr. Waldron-Public events Birthday Celebration was successful on Saturday. Meeting on June 15^th. Shade Tree and Cool Cities planted 250 trees. The Task Force/Business Association had a successful farmers market with the next one on July 3. Newsletter has been delivered.

Mr. Brunton-License report was given. Public Works replaced Morris Park fountain and added mulch around town, replaced flags. Bob Alfred is back to work. Wednesday trash pick up started.

Mr. Perno-Renovations to Borough Hall and Police roof wall will begin. Fire hall filters need to be replaced. TCE proposals are in and meetings will be set up.

Mr. Brennan-Successful Birthday Celebration thanks to all who helped with the event. June 25^th Riversharks night, 300 tickets are being given away. Also gave Court report.

Mr. Alloway-Gave the police report. 2009 Click it or ticket-186 tickets, live scan finger printing system. Community Affairs job description is on board.

CLERK’S REPORT: Parks and Playgrounds will begin on June 29^th. The Ban was awarded to 1^st Colonial Bank at 2%. The Audit has been completed.

OLD BUSINESS:

ORDINANCE ADOPTION: On a motion of Mrs. Fields and second of Mr. Brennan Council voted to adopt the following Ordinance:

09-13

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, STATE OF NEW JERSEY AMENDING CHAPTER 60B, PROPERTY MAINTENANCE, 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 Chapter 60B, Property Maintenance, is hereby amended to the Code of the Borough of Merchantville, as follows:

ARTICLE I. SECTION 60B-1 Adoption of standards by reference. The International Property Maintenance Code (IPMC), 2006 Edition, as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code of the Borough of Merchantville, in the State of New Jersey, for the control of buildings and structures as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of said IMPC are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in Section 60B-4 of this Chapter, three (3) copies of which are on file in the Office of the Borough Clerk of Merchantville.

ARTICLE II. SECTION 60B-4 Amendments to standards.

The International Property Maintenance Code, 2006 Edition, is hereby amended and revised in the following respects:

A. Section PM-101.1, Title, shall now read as follows:

PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of the Borough of Merchantville, hereinafter referred to as “this code.”

B. Section PM-103.1, General, shall be amended to read as follows:

PM-103.1 General: There is hereby created in the Borough of Merchantville the position of Property Maintenance Code Official (hereinafter, “Code Officer”) who shall be appointed annually by the Mayor of the Borough of Merchantville. The code official shall enforce all provisions of this code.

C. Section PM-106.4, Penalties, shall read as follows:

PM-107.4 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.

D. Section PM 111.0, MEANS OF APPEAL, shall be deleted in its entirety.

E. Section PM-602.3, Heat supply, shall be amended as follows:

PM-602.3 Heat supply: Every owner and operator of any building who rents, leases or lets one (1) or more dwelling units, rooming units, dormitory or guest rooms on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1 to May 1 to maintain the room temperatures specified in Section PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than sixty degrees (60° F.) [sixteen degrees Celsius (16° C.)] during other hours.

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.

NEW BUSINESS:

Ordinance for introduction on first reading. Initially this ordinance was not able to be introduced because the budget was voted down. After the budget was re- considered and passed, the ordinance was introduced for first reading. This ordinance will be considered for adoption at the public hearing to be held during the July 13 council meeting.

09-14

AN ORDINANCE FOR THE BOROUGH OF MERCHANTVILLE IN

THE COUNTY OF CAMDEN AND STATE OF NEW JERSEY

ENTITLED “SALARIES & COMPENSATION”

BE IT ORDAINED by the Mayor and Council of the Borough of Merchantville as follows:

SECTION 1. The maximum annual salaries of the employees of the Borough of Merchantville are hereby established, in accordance with the following schedule for services performed during the year 2009 as of January 1, 2009.

POSITION SALARY

Mayor 1,401.00

Member of Council 982.00

Borough Clerk/Registrar 46,000.00

Borough Tax Collector/Utility Clerk 44,100.00

Tax Search Clerk 500.00

Accounts Payable Clerk (Per Hour) 13.00

Tax Assessor 8,709.00

Solicitor 25,625.00

Neighborhood Preservation Program Director 4,000.00

Coordinator – Neighborhood Preservation Program (Per Hour) 15.45

Planning/Zoning Officer 12,360.00

Code Enforcement Official 12,360.00

Police Chief 96,762.80

Police Secretary 33,282.00

Community Relations Officer 37,407.00

School Traffic Guard (Per Day) 20.00

Meter Attendant (Per Hour) 7.21

Paid Fireman 39,871.00

Fire Official ($1,800 flat rate plus Pd per Inspection by pay scale) 5,700.00

Fire Inspector (Paid per Inspection per pay scale) 3,800.00

Clerk Typist (Per Hour) 10.00

Prosecutor 10,500.00

Public Defender 10,000.00

Public Works Superintendent 56,959.00

Clean Communities Worker (Per Hour) 7.50

Community Center Custodian (Per Month) 25.00

Meeting Cleanup (Per Meeting) 60.00

Parks and Playgrounds Counselor (Per Hour) Start at $5.50 and add

$0.25 for each year of service

Magistrate 17,000.00

Municipal Court Administrator 39,634.00

Deputy Court Administrator (Per Hour) 16.70

Violations Clerk (Per Hour) 9.90

Wastewater Collection Operator 3,000.00

Section 2. Longevity shall be added to the above salaries in accordance with the following schedule:

LONGEVITY SCHEDULE FOR FULL-TIME EMPLOYEES HIRED PRIOR TO

JANUARY 1, 1994:

After 5 years through 10 years 2%

After 10 years through 15 years 3%

After 15 years through 20 years 4%

After 20 years through 24 years 5%

After 24 years 6%

Retiring employees will be paid longevity on a prorated basis.

SECTION 3. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies only.

SECTION 4. This ordinance shall become effective twenty (20) days after publication thereof following final passage, and all salaries and compensation shall be retroactive to January 1, 2009.

APPROVAL: On the motion of Mr. Brennan and second of Mrs. Fields, Council approved the bids for the police driveway excepting Martell Construction as lowest bidder.

DISCUSSION: A letter was presented from the tax collector and discussed by council reporting tax non collectibles.

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

R09-78

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN AND STATE OF NEW JERSEY AMENDING THE

CONTRACT FOR BOROUGH HALL WINDOW REPLACEMENT

WHEREAS, the Borough Council of the Borough of Merchantville contracted with Garazzo & Scimeca Construction, Inc.; and

WHEREAS a change order labeled “number 1” was developed to itemize authorized changes; and

WHEREAS, the following contract has been reduced and amended to read;

Amount of original contract $58,900.00

Adjusted amount based on Change Order No. 1 FINAL $57,975.50

TOTAL CHANGE $ 924.50

NOW, THEREFORE, BE IT RESOLVED, by the Borough of Merchantville that the change order “Number 1” is hereby authorized and approved and is granted to revise the contract of Garazzo & Scimeca Construction Inc., 2922 Fries Mill Road, Williamstown, NJ 08094.

R09-82

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE

REFUND OF DUPLICATE OR OVERPAYMENT TAX PAYMENTS

BE IT RESOLVED by the Borough Council of the Borough of Merchantville that warrants be drawn to the parties listed below in the designated amount representing a duplicate or overpayments tax payment as follows:

BLOCK/LOT NAME & ADDRESS AMOUNT

25/10 49 Volan St $688.72

Check to be made to: BAC TAX SERVICES CORPORATION

CA6-913-LB-01

POP BOX 10211

VAN NUYS, CA 91499-6089

R08-83

RESOLUTION TO RENEW ABC PLENARY RETAIL

DISTRIBUTION AND CONSUMPTION LICENSE

WHEREAS, MANSAUR INC., 2 South Centre Street has applied for renewal of their Plenary Retail Consumption License for the year ending June 30, 2010 and applications have been filed with checks to the Borough of Merchantville in the amount of $800.00 each and checks to the State Division of Alcoholic Beverage Control in the amount of $200.00 each; and

WHEREAS, Councilor Brunton, Director of the Department of Records and Licenses, has reported that the licensed premises were inspected to ascertain that they comply with all pertinent health and safety laws and regulations, and that he recommends the granting of said licenses; and

WHEREAS, the Borough Clerk has reported that the legal preliminaries have been strictly complied with;

NOW, THEREFORE, BE IT RESOLVED that the Borough Council be and is hereby authorized to issue a Plenary Retail Consumption License #0424-33-003-006 to MANSUR INC.

BE IT FURTHER RESOLVED THAT, all parties have advised that they would like to have a refund rather than applying this payment to subsequent property taxes.

R09-84

RESOLUTION TO RENEW ABC PLENARY RETAIL

DISTRIBUTION AND CONSUMPTION LICENSES

WHEREAS, Mitchell Z Liquors, Inc., 11 West Park Avenue, has applied for renewal of their Plenary Retail Distribution License for the year ending June 30, 2010 and applications have been filed with checks to the Borough of Merchantville in the amount of $800.00 each and checks to the State Division of Alcoholic Beverage Control in the amount of $200.00 each; and

WHEREAS, Councilor Brunton, Director of the Department of Records and Licenses, has reported that the licensed premises were inspected to ascertain that they comply with all pertinent health and safety laws and regulations, and that he recommends the granting of said licenses; and

WHEREAS, the Borough Clerk has reported that the legal preliminaries have been strictly complied with;

NOW, THEREFORE, BE IT RESOLVED that the Borough Council be and is hereby authorized to issue a Plenary Retail Distribution License #0424-44-002-008 to Mitchell Z Liquors, Inc.

R09-85

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING EXECUTION OF THE 2009 DEER CARCASS REMOVAL INTER-LOCAL AGREEMENT WITH CAMDEN COUNTY

WHEREAS, the Mayor and Council of the Borough of Merchantville wish to participate in the inter-local agreement with Camden County for Deer Carcass removal; and

WHEREAS, the Camden County Board of Chosen Freeholders authorized the agreement on April 23, 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 June 1, 2009 to May 31, 2010, attached hereto as Exhibit “A,” providing for participation with Camden County in the Deer Carcass Removal Services.

R09-86

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN AND STATE OF NEW JERSEY SELECTING AMERICAN

ASPHALT COMPANY TO INSTALL SPEED HUMPS

WHEREAS, the Borough Council of the Borough of Merchantville quoted the speed hump installation project; and

WHEREAS, the Borough Council of the Borough of Merchantville desires to contract with American Asphalt Company to install speed humps along (1) Gilmore Avenue and (2) Volan Street in Merchantville; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Merchantville does hereby select American Asphalt Company, 116 Main Street, West Collingswood, NJ 08059 to provide the services as detailed in their May 20, 2009 proposal letter (Exhibit A) in an amount not to exceed $18,376.20.

R09-89

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN AND STATE OF NEW JERSEY RELATING

TO THE SIX FOOT FENCE AT MAPLE AND CHAPEL AVENUE

WHEREAS, the owner of the property located at the intersection of Maple Avenue and Chapel Avenue, otherwise set forth on the Tax Map as Block 26, Lots 1.01, 1.02, 1.05, and 1.07, RLC III, obtained Site Plan Approval from the Planning Board of the Borough of Merchantville; and

WHEREAS, the Resolution as aforesaid, and the Site Plan Approval related thereto provided for the installation of a six (6) foot fence by and between the subject property, and the property immediately adjacent to the east along Chapel Avenue, and

WHEREAS, the fence which has been installed is six (6) feet in height, and continues to the intersection of the property line with the right of way of Chapel Avenue and the sidewalk located within the right of way, and

WHEREAS, there have been incidents in the area of the fence at its intersection with the right of way of Chapel Avenue, related to the fence, and the fact that it obstructs the clear vision of drivers exiting onto Chapel Avenue from the PNC parking lot, and also obstructs the vision of pedestrians and other people using the sidewalk, moving towards Maple Avenue, and prevents them from seeing vehicles exiting the parking lot as aforesaid, and

WHEREAS, Mayor North represented that there was an incident where a young boy riding a bicycle along the sidewalk adjacent to Chapel Avenue moving towards Maple Avenue, was almost struck by a motor vehicle exiting the parking lot, and

WHEREAS, the matter was brought before the Planning Board of the Borough of Merchantville, on Tuesday evening, May 12, 2009 for the purposes of considering the recommendation to the appropriate governmental authorities to remove the last two sections of the six (6) foot fence, and give consideration to altering those two six (6) foot sections so that the section immediately next to the sidewalk would be reduced to three (3) feet in height, and the next section immediately behind that section would be reduced to a graduated height, from three (3) feet in height, and increasing in height, in an even and continuous fashion, to six (6) feet at the end of that section, and

WHEREAS, the Board considered the facts of this matter, and also considered that because of the emergent nature of this matter, that a recommendation be made to the Mayor, Borough Council of the Borough of Merchantville, and the appropriate departments, i.e, the Department of Public Safety, and the Department of Public Works, that the last two sections of the fence referred to above be removed and modified in accordance with the recommendations set forth above, and

WHEREAS, this matter came before the Planning Board of the Borough of Merchantville for consideration at its regular meeting of May 12, 2009,

The Planning Board of the Borough of Merchantville makes the following findings of fact:

1. The situation related to the six (6) foot fence at its intersection with the sidewalk along Chapel Avenue, is creating an emergency situation which may result in injury and or damage to persons and property.

2. The Board determined that a recommendation should be made to the Mayor and Council of the Borough of Merchantville, and the appropriate agencies related thereto, to take some immediate action to ameliorate this emergent situation.

3. The Planning Board determined that pending application by the owner of the Property, for modification of prior site plan approval, that the last two sections of the six (6) foot fence nearest the sidewalk along Chapel Avenue be removed and be reconfigured as further set forth above.

NOW THEREFORE BE IT RESOLVED, that Mayor and Borough Council of the Borough of Merchantville accept the recommendation of the Planning board, and the appropriate agencies related to this issue and that appropriate steps are taken immediately to remove and alter in accordance with this Resolution the last two sections of the six (6) foot fence located adjacent to the sidewalk along Chapel Avenue, pending application by the owner, RLC, II, for revision to the site plan approval.

R09-90

RESOLUTION AUTHORIZING ENGINEER TO PREPARE BID

DOCUMENTS AND THE CLERK TO ADVERTISE FOR THE OPENING

OF BIDS FOR THE MORRIS AND PROSPECT IMPROVEMENT PROJECTS

WHEREAS, the New Jersey Department of Transportation has allotted $150,000.00 of FY2008 Municipal Aid funds for the Morris Street improvement project and $180,000 of FY2009 for the Prospect Avenue improvement project; and

WHEREAS, the New Jersey Department of Transportation requires that a contract for these improvements be awarded by July 31, 2009 for Morris Street and August 12, 2010 for Prospect Avenue; and

WHEREAS, the Governing Body desires to have the street improvements, for the approximate cost of the New Jersey Department of Transportation funds, to be performed by a contractor; and

WHEREAS, it is necessary for the Borough Engineer to perform the necessary professional services to prepare the bid documents for the improvements; and

WHEREAS, once the bid documents have been prepared by the Engineer and accepted by the New Jersey Department of Transportation, the Borough Clerk must be authorized to advertise for and open bids for the project; and

NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Merchantville, in the County of Camden, State of New Jersey, hereby authorize the Borough Engineer to prepare the bid documents and the Clerk to advertise and receive bids for this project.

RESOLUTIONS to be approved by consent agenda: Initially the following resolutions were not able to be approved because the budget was voted down. After the budget was re- considered and passed, the resolutions could be approved. On the motion of Mr. Perno and second of Mrs. Fields, Council approved the following resolutions to be read and approved by Consent Agenda:

R09-79

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN AND STATE OF NEW JERSEY SELECTING MALL

CHEVROLET TO PURCHASE 2009 POLICE VEHICLE

WHEREAS, the Borough Council of the Borough of Merchantville went out to bid to purchase a four door standard size automobile 2009 police equipped vehicle; and

WHEREAS, the Borough Council of the Borough of Merchantville desires to contract with Mall Chevrolet who was the lowest responsible bidder to order the 2009 police vehicle; and

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

NOW, THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Merchantville does hereby select Mall Chevrolet to provide the services as detailed in their May 22, 2009 bid proposal (Exhibit A) in an amount not to exceed $20,365.00.

R09-80

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN, NEW JERSEY AWARDING A CONTRACT FOR THE

REMOVAL AND INSTALLATION OF THE POLICE PARKING RAMP

WHEREAS, the Borough Council of the Borough of Merchantville is desirous of removing and installing the police driveway ramp; and

WHEREAS, bids have been solicited and received for this purchase; 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 construction project including the removal and installation of the police driveway ramp at a cost of $43,300 to Martell Construction, 15 South Miller Avenue, Pennsgrove, NJ 08069.

R09-91

Resolution OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN

AND STATE OF NEW JERSEY Requesting Approval of Items of Revenue

WHEREAS, NJS 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget; and

WHEREAS, the Director may also approve the insertion of an appropriation for the equal amount;

NOW, THEREFORE, BE IT RESOLVED, that the Governing Body of the Borough of Merchantville, in the county of Camden, New Jersey, hereby requests the Director of the Division of Local Government Services to approve the insertion of items of revenue in the budget of the year 2009 in the sum of $ 68,172.14, which is now available as a revenue from the State Pursuant to the provision of the statute, and

BE IT FURTHER RESOLVED that the like sum of $ 68,172.14 is hereby appropriated under the caption Special items of General Revenue; and

BE IT FURTHER RESOLVED that the above is a result of state grants of $ 68,172.14 from:

2009 Over the Limit Under Arrest	4,000.00
2008 Body Armor Replacement Fund	1,369.23
Municipal Court Alcohol Education, Rehabilitation and Enforcement Fund	2,658.92
2009 Clean Communities Grant	5,614.71
Camden County Recycling Tonnage Rebate	3,822.28
Neighborhood Preservation Program – Center Street Gateway	25,000.00
Year 30 Community Development Block Grant	25,707.00
TOTAL	=SUM(ABOVE) 68,172.14

RESOLUTION: Initially the following resolution was not able to be approved because the budget was voted down. After the budget was re- considered and passed, it could be approved. On the motion of Mr. Perno and second of Mr. Brennan, with Mrs. Fields abstaining Council approved the following resolution:

R09-81

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE BOROUGH OF MERCHANTVILLE, TO HIRE A SUMMER PARKS AND PLAYGROUNDS PROGRAM ADMINISTRATOR

WHEREAS, the Borough Council of the Borough of Merchantville, offers a Summer Parks and Playgrounds Program for the children of Merchantville and;

WHEREAS, the Borough would like to hire an administrator to oversee the Parks and Playgrounds Program;

NOW THEREFORE, BE IT RESOLVED, that the Borough Council of the Borough of Merchantville authorizes Patricia Fields for the summer Parks and Playgrounds Program.

PAYMENT OF BILLS:

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

R09-92

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	June 8, 2009
Current Fund

Checks Current Fund	2008 Budget
	2009 Budget		$55,480.23
	State / Federal Grants		$21,103.65
	Debt Service		$247,429.75
	Board of Education
	Revenue Current	$2,697.37
	Checks Delivered		$113,423.79
		Total Current	$437,437.42

Sewer Utility Fund
	2009 Budget		$1,691.10
	Debt Service
	Checks Delivered		$1,929.23
		Total Sewer	$3,548.33

Recreation Commission
	2009 Budget		$1,006.76
	Revenue Rec	$500.00
	Checks Delivered		$300.00
		Total Recreation	$1,306.76

General Capital Fund

	2009 Budget		$34,945.36
	Checks Delivered		$350.00
		Total Capital	$35,295.36

Trust-Other Fund
	2009 Budget		$2,170.00
	Checks Delivered		$248.42
		Total Trust	$2,418.42

Animal Trust	2009 Budget		$12.00
Unemployment	2009 Budget
	Checks Delivered
		Total	12.00
Total Bill list	Total Revenue $3,197.37	Total Budget	$480,018.29

PRIVATE SESSION: On the motion of Mr. Perno and second of Mr. Alloway, council voted to adjourn to private session for matters of personnel.

Upon adjourning from private session on a motion from Mr. Perno and second of Mr. Brennan council voted to reconsider and pass the budget as noted above with Mr. Brunton voting no.

ADJOURNMENT: On the motion of Mr. Brennan and second of Mr. Perno the meeting was adjourned at 10.01 PM.

________________________

DENISE BROUSE

BOROUGH CLERK

Merchantville, NJ July 13, 2009

A regular meeting of Borough Council was held at 7:30 PM, Monday, July 13, 2009. Mayor Frank M. 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 Brouse, CFO Moules and solicitor Higgins were present.

PUBLIC HEARING:

ORDINANCE Salary & Compensation 2009

PUBLIC:

Marvin Gaskill, 102 Chestnut Avenue, regarding alternate proposals for bikeway. He has 4 modifications to the bikeway. 1. Widen the path to 12 feet, 2. Add cinder path 1 ft wide on either side. 3. Loop of bike lanes around town 3.6 mile loop. 4. Extension-add 400 feet from Cove to Collins. Also organize an annual 6K run.

Mr. Perno responded to the comments and would like to work with Pennsauken to extend the path with a possible joint application.

ENGINEER’S REPORT:

Mr. Brickley provided a written report to Council.

Gail Ford, 135 N. Centre Street, Would there be only one path where it exists? Yes

CORRESPONDENCE: None

COUNCIL REPORTS:

Mrs. Fields reported that EMS had 24 calls, gave the Planning Board report, NPP has no report, she is on vacation. NPP may be ending in 2010. Thank you to all for your help with the Audit. Code Enforcement update, 12 code reminder items will be put on the web site. A report on 606 W. Maple was given by Kevin & Eric to Mayor and Solicitor. Building Manager has been fired and Dr. Malik has been in Court. Drug Alliance-50 students taking part of the summer program. Special night in August for night out program. Parks and Playgrounds in 3^rd week with 70 kids.

Mr. Waldron reported that Farmer’s Market was successful, Shade Tree meeting-new trees doing well. Public Events-Volleyball nets up at Community Center.

Mr. Brunton gave license report. Public Works trash removal day is going well, installed air conditioner units in Borough hall, manhole broke and fell in the vault, purchased 2 new mowers, Al Henry is on light duty.

Mr. Perno reported on CDBG application approval for 2009, can move on with Community Center bathrooms, building and grounds Borough hall roof and wall work will begin soon.

Mr. Brennan reported on Public Events, Riversharks was a successful event. Court report-there were less cases in Court in 2009, no court audit findings, and gave a fire report.

Mr. Alloway gave the police report. Bridges are set to be opened on Wednesday at Chapel & Maple Avenues. Drunk Drive enforcement grant will begin, Callaway is still out of work, One way signs were installed on Oak Terrace.

CLERK’S REPORT: We have been approved for the summer youth program but the County does not have any youth for us at this time. We will work with the Family Support Group of Merchantville to help us with applicants. The Mayor and Steve Volkert attended a meeting for the DRVPC Classic towns program and we will be approving their resolution tonight. We had our Audit exit meeting, please remember to review the audit and sign the affidavit. The police video car system is out to bid.

OLD BUSINESS: Ordinance Adoption

ORDINANCE-Salary & Compensation 2009

On a motion of Mrs. Fields and second of Mr. Waldron the following Ordinance was adopted with a vote of 4 -3 with Mr. Brunton, Mr. Brennan and Mr. Perno voting no.

09-14

AN ORDINANCE FOR THE BOROUGH OF MERCHANTVILLE IN THE COUNTY OF CAMDEN AND STATE OF NEW JERSEY ENTITLED

“SALARIES & COMPENSATION”

BE IT ORDAINED by the Mayor and Council of the Borough of Merchantville as follows:

POSITION SALARY

Mayor 1,401.00

Member of Council 982.00

Borough Clerk/Registrar 46,000.00

Borough Tax Collector/Utility Clerk 44,100.00

Tax Search Clerk 500.00

Accounts Payable Clerk (Per Hour) 13.00

Tax Assessor 8,709.00

Solicitor 25,625.00

Neighborhood Preservation Program Director 4,000.00

Coordinator – Neighborhood Preservation Program (Per Hour) 15.45

Planning/Zoning Officer 12,360.00

Code Enforcement Official 12,360.00

Police Chief 96,762.80

Police Secretary 33,282.00

Community Relations Officer 37,407.00

School Traffic Guard (Per Day) 20.00

Meter Attendant (Per Hour) 7.21

Paid Fireman 39,871.00

Fire Official ($1,800 flat rate plus Pd per Inspection by pay scale) 5,700.00

Fire Inspector (Paid per Inspection per pay scale) 3,800.00

Clerk Typist (Per Hour) 10.00

Prosecutor 10,500.00

Public Defender 10,000.00

Public Works Superintendent 56,959.00

Clean Communities Worker (Per Hour) 7.50

Community Center Custodian (Per Month) 25.00

Meeting Cleanup (Per Meeting) 60.00

Parks and Playgrounds Counselor (Per Hour) Start at $5.50 and add

$0.25 for each year of service

Magistrate 17,000.00

Municipal Court Administrator 39,634.00

Deputy Court Administrator (Per Hour) 16.70

Violations Clerk (Per Hour) 9.90

Wastewater Collection Operator 3,000.00

Section 2. Longevity shall be added to the above salaries in accordance with the following schedule:

LONGEVITY SCHEDULE FOR FULL-TIME EMPLOYEES HIRED PRIOR TO

JANUARY 1, 1994:

After 5 years through 10 years 2%

After 10 years through 15 years 3%

After 15 years through 20 years 4%

After 20 years through 24 years 5%

After 24 years 6%

Retiring employees will be paid longevity on a prorated basis.

SECTION 3. All ordinances and parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistencies only.

SECTION 4. This ordinance shall become effective twenty (20) days after publication thereof following final passage, and all salaries and compensation shall be retroactive to January 1, 2009.

NEW BUSINESS:Introduce the following Ordinance to be considered for adoption at the August 10 council meeting.

ORDINANCE-ANTENNA ORDINANCE

On a motion of Mrs. Fields and second of Mr. Brennan, council approved the introduction of the following Ordinance ( with the exception of Article 2).