Next Council Meeting -

September 14 2009

Borough Hall, 7:30 pm

 

Information on the 13 July Council meeting was sent at 5:04 pm Friday, 11 September. 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.

 

NOTICE

A REGULAR MEETING OF BOROUGH COUNCIL WILL BE HELD IN THE COUNCIL CHAMBERS OF BOROUGH HALL ON MONDAY, SEPTEMBER 14th AT 7:30 PM.

 

 

                                                                                                           ___________________________                     

DENISE L. BROUSE

BOROUGH CLERK

 

AGENDA:

1.             CALL TO ORDER - PUBLIC MEETING STATEMENT

2.            PLEDGE – SILENT PRAYER

3.                   ROLL CALL

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

4.                   PUBLIC HEARING

ORDINANCE 09-16 Merchantville- Pennsauken Water Commission Guaranty

PRESENTATION from Recycle Bank Program

                PUBLIC

ENGINEER’S REPORT

5.                   APPROVAL OF MINUTES:           8.10.09

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

6.                   CORRESPONDENCE

7.                   COUNCIL REPORTS

8.                  CLERK’S  REPORT

9.                   OLD BUSINESS

NEW BUSINESS Resolutions to be read and approved by consent agenda.

                RESOLUTION 09-117 Extending appointment of acting clerk

                RESOLUTION 09-118 Appointment of registrar

                RESOLUTION 09-119 Authorizing sale of bonds for NJ EIT financing

                RESOLUTION 09-120 Authorizing refund of duplicate or overpayment of tax payment

                RESOLUTION 09-121 Canceling Temporary Emergency Appropriation

                RESOLUTION 09-122 Authorizing submission of application for Merchantville Municipal Alliance

                RESOLUTION 09-123 Authorization to adopt year 31 CDBG grant agreement

                RESOLUTION 09-124 Authorization of cancellation of tax and sewer charges

                RESOLUTION 09-125 Overpayment of Taxes refund

                RESOLUTION 09-126 Cancellation of outstanding court checks

                Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

                DISCUSSION Public Works step van

DISCUSSION limiting council meetings to one a month in September and October

DISCUSSION Use of Wellwood Park for benefit

DISCUSSION Use of Community Center for Pumpkin Festival

FINANCIAL REPORTS

10.               PAYMENT OF BILLS

11.                ANNOUNCEMENTS

12.                PRIVATE SESSION

13.                ADJOURNMENT  Time __________ 1st ______2nd_______

 

AGENDA IS SUBJECT TO CHANGE

 

Ordinances:

 

09-16

                                                           

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, GUARANTEEING PAYMENT OF CERTAIN PROJECT NOTES TO BE ISSUED BY THE MERCHANTVILLE - PENNSAUKEN WATER COMMISSION

                                                           

 

 

BACKGROUND

 

            WHEREAS, the Merchantville-Pennsauken Water Commission ("Commission"), a body politic of the State of New Jersey, situated at 20 West Maple Avenue, Merchantville, New Jersey 08109, has been duly organized in accordance with the provisions of N.J.S.A. 40:62-108 et seq.; and

 

            WHEREAS, the Commission is jointly owned by the Borough of Merchantville, County of Camden, New Jersey ("Borough") and the Township of Pennsauken, County of Camden, New Jersey ("Township") in the following percentages:

 

                        Borough of Merchantville                     11.58%

                        Township of Pennsauken                     88.42

                                                                               100.00%

 

            WHEREAS, the Commission has determined there exists a need within its service area for various improvements to its water system ("Water System") consisting of:  (i) construction of a 14,000 square foot office building on a 1.208 acre site; (ii) construction of a 1,650 square foot treatment facility; and (iii) reclamation of water from the Maple Shade Wastewater Treatment Plant and re-use of the water for irrigation purposes (collectively, the "2009 Project"); and

 

            WHEREAS, the Commission has determined to finance the costs of the 2009 Project through the issuance of its Project Notes, Series 2009, in the aggregate principal amount not to exceed $5,500,000 ("Notes"), which Notes will be authorized by the Commission pursuant to a resolution of the Commission entitled "RESOLUTION OF THE MERCHANTVILLE-PENNSAUKEN WATER COMMISSION AUTHORIZING THE ISSUANCE AND SALE OF ITS WATER PROJECT NOTES, SERIES 2009 IN THE PRINCIPAL AMOUNT OF UP TO $5,500,000; DELEGATING TO CERTAIN COMMISSION OFFICIALS THE POWER TO MAKE CERTAIN DETERMINATIONS AND TO AWARD AND SELL THE NOTES; APPROVING CERTAIN TERMS AND PROVISIONS OF THE NOTES AND THE PLEDGE OF REVENUES TO SECURE THE PAYMENT OF THE NOTES; AND DETERMINING CERTAIN MATTERS IN CONNECTION THEREWITH" ("Note Resolution"); and

 

WHEREAS, the Borough Council, after due deliberation, has ascertained that it will be in the best interest of the Commission to issue the Notes to finance the costs of the 2009 Project; and

 

WHEREAS, it is the desire of the Borough to guarantee repayment of said Notes in the event of a default by the Commission.

 

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

 

Section 1.        The Borough hereby guarantees repayment of the principal of and interest on the Notes, when due, in the event the Commission is unable to make such payment.

 

Section 2.        Said unconditional guarantee by the Borough shall be to the full extent of its ownership interest in the Commission, that being 11.58% of the amount of any default by the Commission.

 

Section 3.        The term of this Ordinance shall extend until the Notes have been paid in full.

 

Section 4.        All ordinances, or parts of ordinances, inconsistent or in conflict with the provisions of this Ordinance are hereby repealed to the extent of any such inconsistency.

 

Section 5.        This Ordinance shall take effect upon publication and final enactment as provided by 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 the regular meeting held on September 14, 2009.  This Ordinance will be considered for adoption on final reading and public hearing to be held on October 19, 2009 at 7:30 p.m. in the Council Meeting Room, Merchantville Borough Hall, One West Maple Avenue, Merchantville, New Jersey.

 

The purpose of this Ordinance is to guarantee payment of certain bonds to be issued by the Merchantville-Pennsauken Water Commission.  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.

 

 

Resolutions:

  

R09-117

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY EXTENDING THE APPOINTMENT OF AS THE MUNICIPAL CLERK OF THE BOROUGH OF MERCHANTVILLE

 

 

 

WHEREAS, the Mayor and Council of the Borough of Merchantville appointed Denise L. Brouse as Acting Municipal Clerk in Resolution R08-79 enacted on July 1, 2008 for a term concluding July 1, 2009; and

WHEREAS, it is the desire of Mayor and Council of the Borough of Merchantville to extend the appointment for an annual term concluding July 1, 2010;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Merchantville that the appointment of Denise L. Brouse to the position of Municipal Clerk is for an annual term commencing July 1, 2009 and concluding on July 1, 2010.

 

                                                                        APPROVED:

 

 

ATTEST:

 

                                    _________________________

FRANK  M. NORTH                                 Mayor

            ________________________

DENISE L. BROUSE

Borough Clerk

 

 

September 14, 2009

 

R09-118

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY APPOINTING DENISE L. BROUSE AS THE REGISTRAR OF VITAL STATISTICS OF THE BOROUGH OF MERCHANTVILLE

 

 

WHEREAS, N.J.S.A. 26:8-11 requires the Municipal Clerk be appointed as the local registrar in any district having a population of less than 5,000 ; and

WHEREAS, N.J.S.A. 26:8-13 requires the term of office of the registrar to be concurrent with the term of office of the Municipal Clerk if the local registrar is the Municipal Clerk; and

WHEREAS, on September 14, 2009 the Mayor and Council of the Borough of Merchantville amended the appointment of Denise L. Brouse to the position of Municipal Clerk for an annual term commencing July 1, 2009 and concluding on July 1, 2010;

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Merchantville that Denise L. Brouse be and is hereby appointed to the position of Registrar of Vital Statistics for an annual term commencing July 1, 2009 and concluding on July 1, 2010.

 

 

 

APPROVED:

 

ATTEST:

 

                                                                                          __________________________

                                                                              FRANK M. NORTH

                                                                                          MAYOR

____________________________

DENISE L. BROUSE

BOROUGH CLERK

 

 

 

September 14, 2009

 

 

R09-119

            RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY AUTHORIZING AND APPROVING THE ISSUANCE AND SALE OF UP TO OF $1,845,000 OF BONDS OF THE BOROUGH OF MERCHANTVILLE CONSISTING OF THE BOROUGH'S GENERAL OBLIGATION BONDS, SERIES 2009A, AND THE BOROUGH'S GENERAL OBLIGATION BONDS, SERIES 2009B; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LOAN AGREEMENTS TO BE EXECUTED BY THE BOROUGH AND EACH OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION; FURTHER AUTHORIZING THE EXECUTION AND DELIVERY OF AN ESCROW AGREEMENT, ALL PURSUANT TO THE 2009 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM; AND DETERMINING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH

 

                                                                  BACKGROUND

 

            WHEREAS, the Borough of Merchantville, County of Camden, New Jersey ("Borough") has determined 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 ("2009 Project") as described in that certain Loan Agreement ("Trust Loan Agreement") to be entered into between the Borough and the New Jersey Environmental Infrastructure Trust ("Trust") and that certain Loan Agreement ("Fund Loan Agreement"; together with the Trust Loan Agreement, the "Loan Agreements") to be entered into between the Borough and the State of New Jersey, acting by and through the New Jersey Department of Environmental Protection ("State"), all pursuant to the 2009 New Jersey Environmental Infrastructure Trust Financing Program ("Program"); and

            WHEREAS, the Borough has determined to use the proceeds of a loan to be made by each of the Trust ("Trust Loan") and the State ("Fund Loan"; together with the Trust Loan, the "Loans") pursuant to the Trust Loan Agreement and the Fund Loan Agreement, respectively, to permanently finance the 2009 Project; and

            WHEREAS, to evidence the Loans, each of the Trust and the State require the Borough to authorize, execute and deliver its General Obligation Bonds, Series 2009A, to the Trust ("2009A Bonds") and its General Obligation Bonds, Series 2009B, to the State ("2009B Bonds"; together with the 2009A Bonds, the "2009 Bonds"), pursuant to the terms of applicable law and pursuant to the terms of the Loan Agreements; and

            WHEREAS, pursuant to the Local Bond Law, constituting Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), the Borough Council of the Borough has, pursuant to Bond Ordinance No. 2008-12, duly and finally adopted and published in accordance with the requirements of the Local Bond Law ("Bond Ordinance"), authorized the issuance of general obligation bonds or bond anticipation notes of the Borough to finance the costs of the 2009 Project; and

            WHEREAS, the Trust and the State have expressed their desire to close in escrow the making of the Loans, the issuance of the 2009 Bonds and the execution and delivery of the Loan Agreements, all pursuant to the terms of an Escrow Agreement ("Escrow Agreement") to be entered into between the Trust, the State, the Escrow Agent and the Borough; and

            WHEREAS, to effectuate the financing plan described in the above mentioned paragraphs, it is necessary for the Borough to adopt this resolution and to authorize and approve the issuance and sale of the 2009 Bonds in a principal amount up to $1,845,000; and

            WHEREAS, N.J.S.A. 40A:2-27(a)(2) allows for the sale of the 2009A Bonds and the 2009B Bonds to the Trust and the State, respectively, without any public offering, and N.J.S.A. 58:11B-9(a) allows for the sale of the 2009 Bonds 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, PURSUANT TO THE LOCAL BOND LAW (NOT LESS THAN TWO-THIRDS OF ALL THE MEMBERS THEREOF AFFIRMATIVELY CONCURRING), AS FOLLOWS:

            Section 1.        The Borough authorizes and approves the issuance of the 2009 Bonds in two series (2) in a total principal amount of up to $1,845,000 to be designated, "Borough of Merchantville, County of Camden, New Jersey, General Obligation Bonds, Series 2009A" and "Borough of Merchantville, County of Camden, New Jersey, General Obligation Bonds, Series 2009B", respectively.  The 2009 Bonds will be used to pay the costs of the 2009 Project.  In accordance with N.J.S.A. 40A:2-27(a)(2) and N.J.S.A. 58:11B-9(a), the Borough hereby sells and awards the 2009A Bonds and the 2009B Bonds to the Trust and to the State in accordance with the provisions hereof.

            Section 2.        The Chief Financial Officer is hereby authorized to determine in accordance with the Local Bond Law and pursuant to the terms and conditions established by the Trust and the State under the Loan Agreements and the terms and conditions hereof, the following items with respect to the 2009A Bonds and the 2009B Bonds:

        (a)        The aggregate principal amount of the 2009A Bonds and the 2009B Bonds to be

                         issued;

      (b)        The maturity and annual principal installments of the 2009A Bonds and 2009B Bonds, which maturity shall not exceed twenty (20) years;

            (c)        The date of the 2009 Bonds;

            (d)        The interest rates of the 2009 Bonds;

            (e)        The purchase price for the 2009 Bonds; and

            (f)         The terms and conditions under which the 2009 Bonds shall be subject to redemption prior to their stated maturities.

 

            Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the 2009 Bonds by the parties authorized under Section 3 hereof.

            Section 3.        The 2009 Bonds shall be in the form prescribed and permitted by the Local Bond Law, as Bond Counsel may advise, and as the Borough, the Trust and the State shall approve.  The 2009 Bonds shall be issued in fully registered form and shall be payable to the registered owners thereof as to principal and interest in lawful money of the United States of America.  The 2009 Bonds will be executed on behalf of the Borough by the manual signatures or facsimile signatures of the Mayor and Chief Financial Officer, attested by the Borough Clerk (such execution shall constitute conclusive approval by the Borough of the form of the 2009 Bonds), and shall bear the affixed, imprinted or reproduced seal of the Borough thereon.  The 2009A Bonds and the 2009B Bonds shall be substantially in the form set forth in the Trust Loan Agreement and the Fund Loan Agreement, respectively.

            Section 4.        The terms of the 2009 Bonds authorized to be set forth by the Chief Financial Officer in accordance with Section 2 hereof shall be ratified by the affirmative vote of 2/3 of the full members of the Borough Council.

            Section 5.        The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the 2009 Bonds and, to the extent payment is not otherwise provided, the Borough shall be obligated to levy ad valorem taxes upon all taxable real property within the Borough without limitation as to rate or amount for the payment thereof.

            Section 6.        Each of the Trust Loan Agreement, Fund Loan Agreement and the Escrow Agreement are hereby authorized to be executed and delivered on behalf of the Borough by the Mayor or Chief Financial Officer in substantially the forms on file in the offices of the Borough, with such changes as the Mayor or Chief Financial Officer in their respective sole discretion, after consultation with counsel and any advisors to the Borough and after further consultation with the Trust and the State and their representatives, agents, counsel and advisors, shall determine, such determination to be conclusively evidenced by the execution of each of such Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer as determined hereunder.  The Borough Clerk and Deputy Borough Clerk are each hereby severally authorized to attest to the execution of the Trust Loan Agreement, Fund Loan Agreement and Escrow Agreement by an authorized officer of the Borough as determined hereunder and to affix the corporate seal of the Borough to such documents.

            Section 7.        All actions heretofore taken and documents prepared or executed by or on behalf of the Borough by the Mayor, Chief Financial Officer, Borough Clerk, other Borough officials or by the Borough's professional advisors, in connection with the issuance and sale of the 2009 Bonds or the 2009 Project are hereby ratified, confirmed, approved and adopted. 

            Section 8.        The Mayor, Chief Financial Officer and Borough Clerk are each hereby authorized to determine all matters and execute all documents and instruments in connection with the 2009 Bonds or the 2009 Project not determined or otherwise directed to be executed by the Local Bond Law, the Bond Ordinance, or by this or any subsequent resolution, and the signature of the Mayor, Chief Financial Officer or Borough Clerk on such documents or instruments shall be conclusive as to such determinations.

            Section 9.        All other resolutions, or parts thereof, inconsistent herewith are hereby rescinded and repealed to the extent of any such inconsistency.

            Section 10.      This resolution shall take effect immediately upon adoption this 14th day of September, 2009.

            Recorded Vote

 

            AYE                              NO                          ABSTAIN                       ABSENT

 

 

            The foregoing is a true copy of a resolution adopted by the Borough Council on September 14, 2009.

 

 

                                                                                                                                                           

DENISE BROUSE, Borough Clerk

 

 

 

[SEAL]

 

R09-120

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE REFUND OF DUPLICATE OR OVERPAYMENT  OF 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 for third quarter of 2009 as follows:

 

BLOCK/LOT              NAME & ADDRESS                                 AMOUNT

 

27.02/3                      300 Volan St                                             $159.55

                                

 

All refunds to be made to the address below:

 

                                 Christopher Barraro

                                 300 Volan St.

                                 Merchantville NJ 08109

 

 

            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.

 

 

                                                                                    APPROVED:

 

ATTEST:

 

                                                                                    __________________________

                                                                                    FRANK M. NORTH

                                                                                    MAYOR

 

___________________________

DENISE L. BROUSE

BOROUGH CLERK

 

September 14, 2009

 

R09-121

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN AND STATE OF NEW JERSEY CANCELING

TEMPORARY EMERGENCY APPROPRIATION

 

 

 

WHEREAS, Resolution R09-100, passed in July 2009, provided for a temporary

 

emergency appropriation to enter into a commitment to pay for the borough hall roof

 

wall replacement and roof repair; and

         

WHEREAS, funds were hereby re-appropriated from Bond Ordinance 09-15 for

 

renovations and improvements to the Borough Hall including, but not limited to, the

 

replacement of the exterior roof wall and renovation to the roof in the amount of

 

$29,195.26;

 

IT IS HEREBY RESOLVED, by the Governing Body of the Borough of

 

Barrington, that Resolution R09-100, which provided for a temporary emergency

 

appropriation in the amount of $29,195.26, is hereby canceled.

 

 

 

                                                                   APPROVED:

 

ATTEST:

 

                                                                   __________________________

                                                                   FRANK M. NORTH

                                                                   MAYOR

 

___________________________

DENISE L. BROUSE

BOROUGH CLERK

 

September 14, 2009

 

 

 

I hereby certify this to be a true copy of a Resolution approved by the Governing Body of the Borough of Barrington at the Council Meeting held on the date of this Resolution.

 

_____________________________________

Denise Brouse, Borough Clerk

 

R09-122

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY FOR ALCOHOL AND DRUG ALLIANCE

 

 

 

            WHEREAS, the Borough Council of the Borough of Merchantville,

 

County of Camden, State of New Jersey recognizes that the abuse of alcohol and

 

drugs is a serious problem in our society amongst persons of all ages; and

 

            WHEREAS, the Borough Council further recognizes that it is incumbent upon

 

not only public officials but upon the entire community to take action to prevent such

 

abuses in our community; and

 

            WHEREAS, the Borough Council has applied for funding to the Governor’s

 

Council on Alcoholism and Drug Abuse through the County of Camden;

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough of Merchantville,

 

County of Camden, State of New Jersey hereby recognizes the following:

 

            1. The Borough Council does hereby authorize submission of an application for

 

the Merchantville Municipal Alliance grant for calendar year 2010 in the amount of

 

$8,713.00.             

 

            2. The Borough Council acknowledges the terms and conditions for administering

 

the Municipal Alliance grant, including the administrative compliance and audit

 

requirements.

 

 

ATTEST:                                                          

       _________________________

                   FRANK M. NORTH, Mayor

 

 

 

_________________________

DENISE L. BROUSE

BOROUGH CLERK

 

 

September 14, 2009

 

 

I, Denise Brouse, Municipal Clerk of the Borough of Merchantville, County of Camden, State of New Jersey, do hereby certify the foregoing to be a true and exact copy of a resolution duly authorized by the Borough Council on this 14th day of September, 2009.

 

 

                                                            ____________________________

                                                            DENISE BROUSE, Borough Clerk

 

R09-123

 RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN

AND STATE OF NEW JERSEY TO ADOPT

THE YEAR 31 COMMUNITY DEVELOPMENT GRANT AGREEMENT

 

 

WHEREAS, A cooperative agreement was heretofore entered into between the

 

Borough of Merchantville and the County of Camden for the establishment of a

 

cooperative means of conducting certain community development activities; and

 

WHEREAS, the Uniform Shared Services and Consolidation Act (N.J.S.A.

 

40A:65-4 et seq.) permits local units such as counties and municipalities to

 

enter into agreements for the provision of joint services; and

 

WHEREAS, the County has achieved “Urban County” status in accordance with

 

the requirements set forth in Title I of the Housing and Community Development

 

Act of 1974, as amended and the Housing and Urban-Rural Recovery Act of 1983; and

 

WHEREAS, the County has entered into a grant agreement with the U.S.

 

Department of Housing and Urban Development under Title I of the Housing and

 

Community Development Act, as amended, for an Entitlement Grant; and

 

WHEREAS, this Grant is administered for the County by the County’s Community

 

Development Office; and

 

WHEREAS, the Borough of Merchantville has proposed certain activities to be carried

 

out under the 31st Year Program: and

 

WHEREAS, the County has approved funding for eligible project(s) of the Borough of

 

Merchantville from said grant and desires the Borough of Merchantville to undertake said

 

project(s)

 

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council, that the Year 31

 

Municipal CDBG Grant Agreement be adopted between the Borough of Merchantville and the

 

County of Camden, a copy of the Agreement which is attached thereof; and

 

BE IT FURTHER RESOLVED, that this resolution shall take effect immediately upon its

 

enactment as provided by law.

 

APPROVED:

 

ATTEST:

 

                                                                                          _______________________

                                                                              FRANK M. NORTH

                                                                                          MAYOR

________________________

DENISE L. BROUSE

BOROUGH CLERK

 

 

September 14, 2009

 

R09-124

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE CANCELLATION OF TAXES AND SEWER CHARGES DUE TO PROPERTY OWNED BY THE BOROUGH OF MERCHANTVILLE

 

            WHEREAS, taxes for 2009 as listed below for the periods and amounts stated be cancelled as follows:

 

BLOCK/LOT              NAME & ADDRESS                     PERIOD                       AMOUNT

 

29/2                           9 S Centre                                    2nd                                $  9,993.60

                                                                                    3rd                                 $10,005.49       

                                                                                    4th                                 $10,005.49

 

29/3                           5-7 E Park Ave                              2nd                                $    368.36

                                                                                    3rd                                 $    368.80

                                                                                    4th                                 $    368.79

 

29/6                           13 S. Centre                                 2nd                                $    297.71

                                                                                    3rd                                 $    298.07

                                                                                    4th                                 $    298.06

 

29/8                           19 E Park Ave                               2nd                                $    332.94

                                                                                    3rd                                 $    323.33

                                                                                    4th                                 $    323.32

 

29/9                           9 S Centre                                    2nd                                $    881.79

                                                                                    3rd                                 $    882.84

                                                                                    4th                                 $    882.83

 

29/14                         15 S Centre                                  2nd                                $    119.84

                                                                                    3rd                                 $    119.99

                                                                                    4th                                 $    119.98

 

 

            NOW, THEREFORE, BE IT RESOLVED by the Borough of Merchantville that sewer charges be cancelled in the amounts shown below in the year and period of 2009, first half due to borough owned property:

 

BLOCK/LOT              NAME & ADDRESS                     AMOUNT

 

29/2                              9 S Centre                                 $105.36

 

 

 

 

                                                                                    APPROVED:

 

ATTEST:

 

                                                                                    __________________________

                                                                                    FRANK M. NORTH

                                                                                    MAYOR

 

___________________________

DENISE L. BROUSE

BOROUGH CLERK

 

September 14, 2009

 

R09-125

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING THE REFUND OF DUPLICATE OR OVERPAYMENT  OF 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 for second quarter of 2006 as follows:

 

BLOCK/LOT              NAME & ADDRESS                                 AMOUNT

 

55/2                           131 North Centre St                                   $3138.82

                                

 

All refunds to be made to the address below:

 

                                 James & Anne Jackson

                                 131 North Centre St

                                 Merchantville NJ 08109

 

 

            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.

 

 

 

                                                                                    APPROVED:

 

ATTEST:

 

                                                                                    __________________________

                                                                                    FRANK M. NORTH

                                                                                    MAYOR

 

___________________________

DENISE L. BROUSE

BOROUGH CLERK

 

September 14, 2009

 

R09-126

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY FOR CANCELLATION OF OUTSTANDING CHECKS

 

            WHEREAS, there exists outstanding checks on Borough accounts which have been outstanding for over 6 months; and

 

            WHEREAS, the various checks have been investigated and have been determined to have been lost or otherwise destroyed;

 

            NOW, THEREFORE BE IT RESOLVED, that the following checks be cancelled and the expenditures be cancelled to the proper fund:

 

 

FUND

ACCT NO.               

CHECK NO.

AMOUNT

CHECK DATE            

 

 

 

 

 

MUNICIPAL COURT           

0123000648

1803

4.00

7-10-08

 

 

1830

60.00

9-11-08

 

 

1836

2.00

10-7-08

 

 

1837

1.00

10-7-08

 

 

1873

2.00

1-5-09

 

 

1881

1.00

2-10-09

 

 

1882

4.00

2-10-09

 

 

1894

1.00

3-10-09

 

 

TOTAL

 =SUM(ABOVE) 75.00

 

 

 

                                                                            APPROVED:

 

 

ATTEST:

                                                                                                                                   

                                                                           Frank M. North

                                                                           MAYOR

                                                           

Denise L. Brouse

BOROUGH CLERK

 

 

September 14, 2009

 

Uncategorized:

 

None

 

Minutes:

 

Merchantville, NJ                August 10, 2009

           

            A regular meeting of Borough Council was held at 7:30 PM, Monday, August 10, 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, Perno, Brunton, Fields, Clerk Brouse, CFO Moules and Attorney Higgins.

PUBLIC HEARING

ORDINANCE 09-15 Canceling and re-appropriation of funds for Municipal improvements

PUBLIC:

Mike Coyle from PSE&G gave a report on street work to be completed at Maple and Centre Street beginning around the end of August. Jim Vineto of PSE&G gave an update on the work being completed on Cove Road and along Maple Avenue where a three year survey of leaks is being corrected.

 

ENGINEER’S REPORT: The multi use path update was given, grating & design cost estimate is being worked on. A pre-construction meeting will take place shortly for the police driveway. 

 

APPROVAL OF MINUTES: On a motion of Mr. Brunton and second of Mr. Alloway, Council approved the regular meeting minutes for 6/8/09 and 7/13/09.

 

CORRESPONDENCE: A letter was read from Noah Tennant to Council regarding a sewer issue in the street in front of his home.

 

COUNCIL REPORTS:

 

Mr. Alloway gave Police report and Brian Callaway is back to work. There will be a new reserve Police Officer.

 

Mr. Perno gave the Court report (collected $13, 291) and Fire report (15 calls). Question about drills in old bank building. The roof is leaking over the Police Station.

 

Mr. Brunton did not have a report for records & licenses. No activity at Office of Emergency Management. Public Works, Al Henry is on light duty, John Laird on restricted duty and there was a break in at the snack bar in Wellwood Park.

 

Mrs. Fields has set up a meeting to do the annual personal manual review. Summer hours are until Labor Day. EMS is going well. There are two applications for Planning Board. NPP report is available for review. Departments need to look at their budget and be careful of spending. Drug Alliance National Night out and Parks & Playgrounds were both successful programs. A car drove into the CVS building and the front window of Jung’s cleaners was broken.

 

Clerk’s Report

Mrs. Brouse reported on PSE &G street work, Summer Youth Program, Paris Grant, Open Space Trust Fund and Pest Control changes. The Mayor will be on vacation August 22 -30.

 

Mr. Brunton requested a 1 meeting a month for September & October. This will be reviewed at next meeting.

 

OLD BUSINESS: Ordinance 09-15 Canceling and re-appropriation of funds for Municipal Improvements.

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

 

                                                                             

09-15

ORDINANCE OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, CANCELLING CERTAIN FUNDED APPROPRIATION BALANCES HERETOFORE PROVIDED FOR VARIOUS CAPITAL PROJECTS AND REAPPROPRIATING SUCH FUNDED APPROPRIATION BALANCES FOR RENOVATION AND IMPROVEMENTS TO BOROUGH HALL

 

            BE IT ORDAINED by the Borough Council of the Borough of Merchantville, County of Camden, New Jersey ("Borough") (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 following appropriations remaining as a balance in Bond Ordinances 05-07 and 07-09 (collectively, the "Bond Ordinances") heretofore adopted by the Borough Council are hereby cancelled:

 

Ordinance No. and Section

Amount of Funded

Appropriation to be Cancelled

Amount of Unfunded

Appropriation to be Cancelled

05-07(A) (Acquisition of Police Equipment)

$6,142.38

$0

05-07(C) (MEMS Equipment)

1,304.00

0

05-07(E) (Renovations to Fire House)

4,925.00

0

07-09 (Acquisition of Fire Equipment)

7,823.88

0

07-09 (Drainage Improvements)

9,000.00

0

Total

$29,195.26

$0

            Section 2.        The sum of $29,195.26, which represents the funded appropriations cancelled in Section 1 hereof, is hereby reappropriated from the Bond Ordinances for renovations and improvements to the Borough Hall including, but not limited to, the replacement of the exterior roof wall and renovation to the roof in the amount of $29,195.26, 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 resolution adopted by the Borough Council on the 13th day of July, 2009, authorizing the Borough to finance the above-referenced improvements through an emergency appropriation.

            Section 3.        The period of usefulness of the purposes referred to in Section 2, within the limitations of the Local Bond Law and according to the reasonable life thereof, is not less than ten (10) years.

            Section 4.        The Capital Budget is hereby amended to conform with the provisions of this 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 Municipal Clerk and available for inspection.

            Section 5.        The improvements authorized hereby are not current expenses and are general 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 6.        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 7.        All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

            Section 8.        This ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

NEW BUSINESS

 

Resolutions to be read and approved the consent agenda: On a motion of Mr. Perno and second of Mr. Alloway, Council approved the following resolutions to be read and approved by consent agenda:

 

R09-104

RESOLUTION TO RENEW ABC PLENARY RETAIL

DISTRIBUTION LICENSE

 

WHEREAS, Shivani Beverage., 620-622 West Maple 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 #0424-44-001-007 to Shivani Beverage Corporation.

 

R09-105

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY OF CAMDEN AND STATE OF NEW JERSEY

FOR TAX REIMBURSEMENT CERTIFICATION

 

            WHEREAS, The Recycling Enhancement Act, P.L. 2007, Chapter 311, 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, There is levied upon the owner or operator of every solid waste facility (with certain exceptions) a recycling tax of $3.00 per ton on all solid waste accepted for disposal or transfer at the solid waste facility.

            WHEREAS, Whenever a municipality operates a municipal system for sold waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contracts Law,” the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant moneys received by the municipality shall be expended only for its recycling program.

            WHEREAS, Whenever a municipality operates a municipal service system for solid waste collection, or provides for regular solid waste collection service under a contract awarded pursuant to the “Local Public Contract Law”, the amount of grant monies received by the municipality shall not be less than the annual amount of recycling tax paid by the municipality except that all grant monies received by the municipality shall be expended only for its recycling program.

            NOW THEREFORE BE IT RESOLVED, by the Borough of Merchantville that the Borough hereby certifies a submission of expenditure for taxes paid pursuant to P.L. 2007, Chapter 311, in 2008 in the amount of $5,310.99. Documentation supporting this submission is available at the Municipal Building at One Maple Avenue, Merchantville, NJ   08109 and shall be maintained for no less than five years from this date.

 

R09-106

 RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF

CAMDEN AND STATE OF NEW JERSEY APPROVING ACCEPTANCE OF

CRIME FREE MULTI-HOUSING PROGRAM LICENSE AGREEMENT

 

            WHEREAS, the Borough of Merchantville through the Merchantville Police Department have participated in and have been approved to use the Mesa Police Department of Arizona “Crime Free Multi-Housing Program” in the Borough of Merchantville; and

            WHEREAS, the City of Mesa does not make any profit by the licensing or the use of the Materials, Names, Marks, and Logo for use by other communities; and

            WHEREAS, the City of Mesa insists that it’s intellectual property rights in terms of its programs use be respected to prevent abuse of such material; and

            WHEREAS, the City of Mesa Police Department has adopted an acceptance requirement for use of said program; and

            WHEREAS, the governing body of the Borough of Merchantville based upon the request by the Merchantville Police Department, does hereby agree to abide by said terms and conditions of the Licensing Agreement.

            NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Merchantville, County of Camden, and State of New Jersey as follows:

1.     That the governing body does hereby approve the execution of the attached Licensing Agreement agreeing to the terms and conditions of the “Crime Free Multi-Housing Program Copyright/License Agreement” of the City of Mesa, Arizona.

2.     That the Mayor be and is hereby authorized to execute said Acceptance Form on behalf of the Borough of Merchantville.

3.     That a copy of this Resolution be forwarded to Chief Wayne Bauer.

4.     That a certified copy of this Resolution and the executed Acceptance Form be sent to the City of Mesa, Attention: Timothy L. Zehring, Crime Free Program Unit Supervisor for the City of Mesa Police Department.

ADOPTED at a meeting of the Mayor and Council of the Borough of Merchantville, County of Camden, and the State of New Jersey held on August 10, 2009.

 

R09-108

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 $ 30,150.00, 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 $ 30,150.00 is hereby appropriated under the caption Special items of General Revenue; and

            BE IT FURTHER RESOLVED that the above is a result of a State grants of $ 30,150.00 from:

 

CLICK IT OR TICKET 2009 MOBILIZATION

4,000.00

OVER THE LIMIT UNDER ARREST 2009 MOBILIZATION

6,000.00

CAMDEN COUNTY OPEN SPACE PRESERVATION TRUST FUND – ROUND 10

19,750.00

BULLETPROOF VEST FUND – DONATION BY ROTARY CLUB

400.00

TOTAL

 =SUM(ABOVE) 30,150.00

 

 

 

R09-109

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY

OF CAMDEN AND STATE OF NEW JERSEY SELECTING WATCH GUARD

 

            WHEREAS, the Borough Council of the Borough of Merchantville went out to bid to purchase six digital in-car video systems; and

            WHEREAS, the Borough Council of the Borough of Merchantville desires to contract with Watch Guard who was the lowest responsible bidder to order the Digital In-Car Video; 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 Watch Guard, 3001 Summit Avenue, Plano Texas 75074 to provide the services as detailed in their August 4, 2009 bid proposal (Exhibit A) in an amount not to exceed $30,120.00.

 

R09-110

RESOLUTION AUTHORIZING AWARD CONTRACTS WITH OFFICE BASICS, W.B. MASON AND PAPER MART INC. FOR PRICE ONLY CONTRACTS FOR BID A-36, COPY AND COMPUTER PAPER AND ENVELOPES UNDER THE CAMDEN COUNTY COOPERATIVE PRICING SYSTEM, SYSTEM IDENTIFIER #57-CCCPS

 

WHEREAS, the County of Camden, as the Lead Agency for the Camden County Cooperative Pricing System, System Identifier #57-CCCPS (Cooperative), received and opened bids at its Division of Purchasing on September 1, 2009 at 11:00 AM, Prevailing Time, for Bid A-36, Copy and Computer Paper and Envelopes for various Camden County Departments and municipalities under The Camden County Cooperative Pricing System, System Identifier #57-CCCPS, the receipt of which bids were duly advertised in accordance with law; and

WHEREAS, it is the desire of the Board of Chosen Freeholders to award contracts to responsible bidders, for items listed herein for the needs of the County of Camden and other Cooperative Purchasing Members; and

WHEREAS, it is the desire of the Borough Council of the Borough of Merchantville to award contracts, for the items listed herein for the needs of the Borough of Merchantville; and

WHEREAS, funding for this purpose for the Borough of Merchantville shall not exceed the maximum line items for office supplies in the Borough’s 2009 permanent budget and shall be encumbered prior to incurring the obligation pursuant to NJAC 5:30-5.3(b)(2); and

NOW, THEREFORE, BE IT RESOLVED by the Borough Council of the Borough of Merchantville that, contingent upon funding as described herein, the aforementioned Bid A-36, be and is hereby awarded to Office Basics, W. B Mason and Paper Mart for Bid A-36, Copy and Computer Paper and Envelopes for term ; and

BE IT FURTHER RESOLVED THAT the proper Borough officials be and are hereby authorized to execute all documents necessary to effect this award.

 

R09-111

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, AND STATE OF NEW JERSEY REQUESTING THE LEGISLATURE TO RESTRUCTURE AND BRING FAIRNESS TO TAX AND FRANCHISE FEES IMPOSED ON TELECOMMUNICATIONS AND CABLE TELECOMMUNICATIONS SERVICE PROVIDERS IN NEW JERSEY

 

            WHEREAS, the convergence of telecommunications technologies and regulatory reform has blurred the distinctions among the service providers as each provides a full range of voice, data and video service; and

            WHEREAS, the public rights-of-way are an asset held in trust for the people of the State
of New Jersey by state and local government; and

            WHEREAS, taxpayers are entitled to compensation when private corporations use the
public rights-of-way to generate profits; and

            WHEREAS, telecommunication providers including but not limited to, direct broadcast
satellites, open video system and cable television, employing various technologies and offering multiple services, play an increasingly important role in the life of corporate and individual citizens in New Jersey; and

            WHEREAS, tax and right-of-way franchise fee policies, however, should not bias
competition among service providers nor distort the efficient use of public properties; and

            WHEREAS, the current state system of compensation to municipalities for the use of the public rights-of-way distorts efficient use of these public assets; and

            WHEREAS, comparable telecommunication competitors face major anomalies in
financial obligations to municipalities and the state; and

            WHEREAS, service revenue continues to shift from traditional telecommunication
services, such as, local and long distance to advanced services such as wireless/mobile, cable, broadband, and high speed internet access. This shift will continue to intensify over the next decade, further distorting the financial obligations to the state among competing telecommunication service providers; and

            WHEREAS, the current situation has proven inequitable, among telecommunication
competitors or between taxpayer-owners of the rights-of-way and telecommunication companies.

            NOW, THEREFORE, BE IT RESOLVED, the Borough of Merchantville calls upon the State Legislature to restructure and bring fairness to tax and franchise fees imposed on telecommunication and cable telecommunication service providers in New Jersey; and

            BE IT FURTHER RESOLVED, the Borough of Merchantville calls upon the Legislature to ensure consumers of telecommunication services receive competitively priced, high quality services which are taxed equitably; and

            BE IT FURTHER RESOLVED, Borough of Merchantville calls upon the legislature to ensure municipalities are held harmless from the shifts in consumption of telecommunication services from traditional services to more advanced services; and

            BE IT FURTHER RESOLVED, Borough of Merchantville calls upon the legislature to ensure tax revenue associated with the provision of telecommunications services be paid directly from the service providers to the local governments; and

            BE IT FURTHER RESOLVED, that a copy of this resolution be forwarded to State Senator Diane A. Allen, our Assembly representatives, Herbert C. Conaway Jr, MD and Jack Conners, the Governor of the State of New Jersey and the New Jersey State League of Municipalities.

 

RESOLUTION 09-107 Town Centre East-On a motion of Mr. Perno and second of Mr. Alloway, Council approved the following resolution:

 

09-107

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, AND STATE OF NEW JERSEY AUTHORIZING THE EXECUTION OF A DEVELOPER’S AGREEMENT WITH FIELDSTONE ASSOCIATES, L.P., OR ITS ASSIGNS, FOR PURPOSES OF IMPLEMENTING THE TOWN CENTRE EAST REDEVELOPMENT PLAN

 

            WHEREAS, the Mayor and Council of the Borough of Merchantville, in the County of Camden and State of New Jersey on _________________ duly adopted a Redevelopment Plan entitled, Town Centre East Redevelopment Plan; and

            WHEREAS, in order to implement the Town Centre East Redevelopment Plan and carry out the redevelopment projects in the are designated by the Redevelopment Plan, the Mayor and Council of the Borough of Merchantville has determined that it is necessary to designate a redeveloper for same; and

            WHEREAS, the Borough as determined to designate Fieldstone Associates, L.P. of Doylestown, Pennsylvania, or its assigns, as the developer for the purpose of carrying out the Redevelopment Plan; and

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Merchantville that the Borough Council hereby designates Fieldstone Associates, L.P. of Doylestown, Pennsylvania, or its assigns, as the developer for the purpose of carrying out the redevelopment projects in the area designated by the Redevelopment Plan; and

            IT IS FURTHER RESOLVED by the Mayor and Council of the Borough of Merchantville that this designation shall be effective immediately.

            IT IS FURTHER RESOLVED that Frank M. North, Mayor of the Borough of Merchantville, is hereby authorized to execute the appropriate Redeveloper’s Agreement with Fieldstone Associates, L.P., or its assigns, for the purpose of carrying out the redevelopment projects in the area designated by the Redevelopment Plan.

 

RESOLUTION 09-112 Raffle Licensing Law and RESOLUTION 09-113 Bingo Licensing Law-On a motion of Mr. Alloway and second of Mrs. Fields, Council approved the following resolutions.

 

R09-112

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, AND STATE OF NEW JERSEY REQUESTING THE CAMDEN COUNTY CLERK TO PLACE ON THE BALLOT FOR THE GENERAL ELECTION OF 2009 A NON-BINDING BALLOT QUESTION PERMITTING THE ADOPTION OF AN ORDINANCE MAKING OPERATIVE THE NEW JERSEY RAFFLES LICENSING LAW IN AND FOR THE BOROUGH OF MERCHANTVILLE

 

 

            WHEREAS, the Mayor and Council of the Borough of Merchantville wish to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., in and for the Borough of Merchantville; and

            WHEREAS, N.J.S.A. 5:8-69 requires that the provisions of this Act shall remain inoperative in any municipality unless and until the same shall be adopted by the legal voters of the municipality as provided by the Act; and

            WHEREAS, N.J.S.A. 5:8-72 requires a specific procedure be followed for the purposes of placing a question on the official ballot seeking the adoption of the Raffles Licensing Law by the legal voters of the municipality, as provided by the Act; and

            WHEREAS, the Mayor and Council of the Borough of Merchantville wish to request the Clerk of the County of Camden to place on the official ballot for the General Election to be conducted on November 3, 2009 a non-binding ballot question to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., in and for the Borough of Merchantville; and

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Merchantville request the Clerk of the County of Camden to place on the official ballot for the General Election to be conducted on November 3, 2009 the following non-binding question:

“Shall the “Raffles Licensing Law” (P.L.1954, c.5) be adopted

within the Borough of Merchantville?”

to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Raffles Licensing Law, N.J.S.A. 5:8-50 et seq., in and for the Borough of Merchantville; and

            IT IS FURTHER RESOLVED that the Mayor and Council of the Borough of Merchantville request the Clerk of the County of Camden follow the procedures as set forth in N.J.S.A. 5:8-72 in the placement on the official ballot for the General Election to be conducted on November 3, 2009 the foregoing non-binding question.

 

 

R09-113

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, AND STATE OF NEW JERSEY REQUESTING THE CAMDEN COUNTY CLERK TO PLACE ON THE BALLOT FOR THE GENERAL ELECTION OF 2009 A NON-BINDING BALLOT QUESTION PERMITTING THE ADOPTION OF AN ORDINANCE MAKING OPERATIVE THE NEW JERSEY BINGO LICENSING LAW IN AND FOR THE BOROUGH OF MERCHANTVILLE

 

            WHEREAS, the Mayor and Council of the Borough of Merchantville wish to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Bingo Licensing Law, N.J.S.A. 5:8-24 et seq., in and for the Borough of Merchantville; and

            WHEREAS, N.J.S.A. 5:8-42 requires that the provisions of this Act shall remain inoperative in any municipality unless and until the same shall be adopted by the legal voters of the municipality as provided by the Act; and

            WHEREAS, N.J.S.A. 5:8-45 requires a specific procedure be followed for the purposes of placing a question on the official ballot seeking the adoption of the Bingo Licensing Law by the legal voters of the municipality, as provided by the Act; and

            WHEREAS, the Mayor and Council of the Borough of Merchantville wish to request the Clerk of the County of Camden to place on the official ballot for the General Election to be conducted on November 3, 2009 a non-binding ballot question to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Bingo Licensing Law, N.J.S.A. 5:8-24 et seq., in and for the Borough of Merchantville; and

 

            NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Merchantville request the Clerk of the County of Camden to place on the official ballot for the General Election to be conducted on November 3, 2009 the following non-binding question:

“Shall the “Bingo Licensing Law” (P.L.1954, c.6) be adopted

within the Borough of Merchantville?”

to determine if the electorate of the Borough of Merchantville would permit the Borough Council of the Borough of Merchantville to adopt an Ordinance making operative the New Jersey Bingo Licensing Law, N.J.S.A. 5:8-24 et seq., in and for the Borough of Merchantville; and

            IT IS FURTHER RESOLVED that the Mayor and Council of the Borough of Merchantville request the Clerk of the County of Camden follow the procedures as set forth in N.J.S.A. 5:8-45 in the placement on the official ballot for the General Election to be conducted on November 3, 2009 the foregoing non-binding question.

 

RESOLUTION 09-116 Tennant sewer bill repair, 131 Prospect Street-On a motion of Mr. Perno and second of Mr. Alloway, Council approved the payment of Mr. Tennant for sewer repair bill.

 

APPROVAL OF MARK PAGANO to the Police reserves-On the motion of Mr. Alloway and second of Mrs. Fields, Council approved the appointment of Mark Pagano to the Police Reserves.

 

R09-116

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,

COUNTY  OF  CAMDEN AND STATE OF NEW JERSEY

APPOINTING SPECIAL OFFICERS CLASS II

 

BE IT RESOLVED,  by the Borough Council of the Borough of Merchantville, with the Mayor

concurring, that MARK PAGANO be and is hereby appointed as a Special Officer, Class II of the Borough

of Merchantville Police Department, effective August 10, 2009 subject to and conditioned upon his

successful completion of all training required by the Statutes and certification of such.

 

DISCUSSION-Web site update

 

PAYMENTOF BILLS-On a motion of Mr. Perno and second of Mr. Alloway, Council approved the following bills for payment.

R09-115

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

August 10,  2009

Current Fund

 

 

 

 

 

Revenue

Budget

Checks Current Fund

2008 Budget

 

$12,116.88

 

2009 Budget

 

$500,928.14

 

State / Federal Grants

 

$15,542.94

 

Debt Service                            

 

   

 

Board of Education

 

 

 

Revenue Current

$1,220.65

      

 

Checks Delivered

 

$169,734.56

 

 Total

$1,220.65

$698,322.52

 

Sewer Capital

 

125.00

Sewer Utility Fund

2008 Budget

 

 

 

2009 Budget

 

$13,180.12

 

Debt Service

 

 

 

Checks Delivered

 

 

 

 Total

 

$13,305.12

 

 

 

 

Recreation Commission

 

 

 

 

2009 Budget

 

       $225.82

 

Revenue Rec

    $1,000

        

 

Checks Delivered

 

$2,122.00

 

 Total

    $1,000

$2,347.82

 

 

 

 

General Capital Fund

 

 

 

 

 

 

 

 

2009 Budget

 

$9,045.69

 

Checks Delivered

 

     $14,876.56

 

 

Total Capital

$23,922.25

 

 

 

 

Trust-Other Fund

 

 

 

 

2009 Budget

 

$2,441.45

 

Checks Delivered

 

$15.00

 

 

Total Trust

$2,456.45

 

 

 

 

Animal Trust

2009 Budget

 

 

Unemployment

2009 Budget

 

 

 

Checks Delivered

 

 

 

 

Total

 

 Total Bill list

Total Revenue $2,220.65 

Total Budget

$740,354.16

 

 

 

 

ADJOURNMENT:On the motion of Mr. Alloway and second of Mr. Perno, the meeting was adjourned at 9:37 PM.

_______________________

                                                                                    DENISE BROUSE

                                                                                    BOROUGH CLERK