Next Council Meeting -

October 19 2009

Borough Hall, 7:30 pm

 

Information on the 19 October Council meeting was sent at 5:07 pm Friday, 16 October. 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, OCTOBER, 19TH 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  for ordinances

A. ORDINANCE 09-16 Merchantville Pennsauken Water Commission Guaranteeing Payment

                PUBLIC

                DISCUSSION Community Center

B.   ENGINEER’S REPORT          

                 ENGINEER’S REPORT

5.                   APPROVAL OF MINUTES:  9.14.09

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

6.                   CORRESPONDENCE

7.                   COUNCIL REPORTS

8.                  CLERK’S  REPORT

9.                   OLD BUSINESS Ordinances for second reading and adoption

ORDINANCE 09-16 Merchantville Pennsauken Water Commission Guaranteeing Payment

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

10.          NEW BUSINESS

                Introduce the following Ordinances

ORDINANCE 09-17 Amendment to Chapter 71A Stormwater  

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

ORDINANCE 09-18 Amending Bond Ordinance 09-09

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

Pass the following Resolution by consent agenda

                RESOLUTION 09-130 Recycle Bank Program

                RESOLUTION 09-131 Change order for Morris and Prospect Streets

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

 

 

 

 

 

 

 

 

                DISCUSSION St. James Avenue

                DISCUSSION Speed hump labeling on Morris and Prospect

                APPROVAL Handicap parking space in front of resident home

                FINANCIAL REPORTS

11.           PAYMENT OF BILLS

12.          ANNOUNCEMENTS

13.          PRIVATE SESSION

14.          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.

 

 

             ORDINANCE 09-18

 

                        ORDINANCE AMENDING BOND ORDINANCE 09-09 OF THE BOROUGH OF MERCHANTVILLE, IN THE COUNTY OF CAMDEN, NEW JERSEY

                                               

 

            WHEREAS, on May 11, 2009 the Borough Council of the Borough of Merchantville, County of Camden, New Jersey ("Borough"), duly and finally adopted Bond Ordinance 09-09 authorizing the acquisition of various pieces of equipment and the completion of various capital improvements ("Bond Ordinance"); and

 

            WHEREAS, subsequent to adoption of the Bond Ordinance, the Borough received notice from the New Jersey Department of Transportation and the New Jersey Department of Environmental Protection that they would be receiving $175,000 in additional grant moneys for the Borough's trail proposal under the 2009 Federal Recreational Trails Program; and

 

            WHEREAS, the Borough is desirous of amending the Bond Ordinance to appropriate the additional grant money.

 

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

 

            Section 1.        The Title of the Bond Ordinance is hereby amended to provide as follows:

 

"BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF EQUIPMENT AND COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS IN AND FOR THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $854,300 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $331,835; MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING"

 

            Section 2.        Section 2. of the Bond Ordinance is hereby amended to provide as follows:

 

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

 

            (a)        the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $854,300;

 

            (b)        the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $331,835; and

 

            (c)        a down payment in the amount of $17,465 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11."

 

 

            Section 3.        Section 3. of the Bond Ordinance is hereby amended to provide as follows:

 

                        "Section 3.      The sum of $331,835, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $17,465, which amount represents the required down payment, and the sum of $505,000, which amount represents grants from the New Jersey Department of Transportation and the New Jersey Department of Environmental Protection, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance")."

 

            Section 4.        Section 6. of the Bond Ordinance is hereby amended to provide as follows:

 

                        "Section 6.      The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $165,000."

 

            Section 5.        Section 7. of the Bond Ordinance is hereby amended to provide as follows:

 

 

"

 

Purpose/Improvement

Estimated

Total Cost

Down
Payment

Grant /

Aid

Amount of Obligations

Period of

Usefulness

A.

Reconstruction of and Improvements to Morris Avenue and Prospect Avenue, together with  the installation of Curb Cuts along Maple Avenue, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto

$444,300

$5,715

$330,000

$108,585

10 years

B.

Reconstruction of and Improvements to the Borough's Bike Path, all as more particularly described in the records on file in the office of the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto

375,000

10,000

175,000

190,000

10 years

C.

Acquisition of Various Equipment for the Police Department including, but not limited to Vehicle Camera Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto

35,000

1,750

0

33,250

7 years

 

TOTAL

$854,300

$17,465

$505,000

$331,835

"

 

            Section 6.        The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith and the regulations promulgated by the Local Finance Board showing full detail the amended applicable capital budget and applicable capital improvement program as approved by the Director of the Division of Local Government Services, New Jersey Department of Community Affairs, are on file with the Clerk and available for public inspection.

 

            Section 7.        All other parts of the Ordinance not amended hereby shall remain in full force and effect.

 

            Section 8.        This ordinance shall take effect after final adoption and publication as required by law.


 

 

                                       Statement to be Published After Introduction.

 

 

STATEMENT

 

            Notice is hereby given that the foregoing proposed Ordinance was introduced and passed by the Borough Council of the Borough of Merchantville at its regular meeting which was held on Monday, October 19, 2009 and that a public hearing upon the said Ordinance will be conducted by the Borough Council at a meeting on November 9, 2009 at 7:30 p.m. at the Merchantville Borough Municipal Building, 1 West Maple Avenue, Merchantville, New Jersey.

 

Dated:

                                                                                                                                                           

                                                                                    DENISE BROUSE, Borough Clerk

                                                                                     

 

 

 

 

 

 

                                     Statement to be Published After Final Adoption.

 

 

STATEMENT

 

ORDINANCE AMENDING ORDINANCE 09-09 OF THE BOROUGH OF MERCHANTVILLE, IN THE COUNTY OF CAMDEN, NEW JERSEY

 

            The foregoing named Ordinance was duly adopted at a meeting of the Borough Council of the Borough of Merchantville held on November  9, 2009 at 7:30PM.

 

Dated:

                                                                                                                                                           

                                                                                    DENISE BROUSE, Borough Clerk

 

Resolutions:

  

RESOLUTIONS ARE NOT AVAILABLE

 

Uncategorized:

 

THIS INFORMATION WAS INCLUDED IN THE TRANSMITTAL E-MAIL WITH THE AGENDA AND ORDINANCES FOR THE COUNCIL MEETING

 

Below is the proposal that the Historical Society will be presenting on Monday night and they would like you to review this information before the meeting.

Proposal to Merchantville Borough Council to Fund Restoration of the Community Center Meeting Room

 

Proposal:

The Merchantville Historical Society proposes a much needed “facelift” of the Community Center main floor to not only preserve the building, but to enhance its attractiveness as a venue for special events. The Society has estimated this project to cost approximately $20,000 and proposes to manage phase one of the restoration project and provide partial initial funding in a unique loan to the Borough. The Society proposes that it be repaid on a monthly basis. Specific terms would be negotiated upon acceptance of this proposal.

Because renovations must begin soon if the building is to be ready for the Holiday House Tour, we request a response from Council by Tuesday, October 20th.

 

Background:

The Historical Society’s Holiday House Tour, scheduled for Saturday, December 5, will include the Community Center as a featured stop on the tour. In preparation for this event, the Society is in the process of refurbishing several large portraits of past distinguished Merchantville residents to be placed in the room. This sparked a plan to give the “meeting room” a fresh coat of paint and some minor upgrades so the facility would not only shine on the tour, but also so these improvements would make the room more attractive for rentals.

Several conversations with Manager Dawn Schmidt regarding the room’s usage and comments by potential users provided us with a plan to bring the room back to life. The room is used for birthday parties, showers, and an occasional wedding. The rental fee for a room of this size and charm is one of the lowest in the surrounding communities and there are many out-of-town rentals. Combined with the current “run-down” appearance of the room this results in a general disregard for the condition of the room during and after many events. We believe this refurbishing would enable a higher rental rate to be charged; the rental agreements should be accompanied by a complete set of rules that must be strictly enforced. A website and an informative brochure could easily be developed for marketing the updated facility.

Restoration Project Plan:

We enlisted the help of Joe Miraglia , a member of the Historical Society and the principal of Miraglia Dsgntec International, to guide us through the process. He has been generous with his time and efforts and is not billing the Society for his work.

Joe has recommended painting the room a lighter color, adding crown molding around the room, and installing custom window treatments throughout the first floor. The restroom will be painted as well. The window at the top of the staircase will be treated to match those downstairs. The orange bar is an eyesore that can be salvaged by resurfacing over the orange Formica and adding molding. The large map, ship’s wheel and the two oversized exhaust fans are generally considered “unsightly additions” to the room and their removal is key to this restoration. (One smaller, more efficient and quiet exhaust fan will be needed elsewhere to remove the food and liquor odors from the room; this will be resolved as soon as possible.) The front entrance door will also be repainted for a fresh look.

While guiding various contractors through the scope of work it was pointed out that the two pair of “coach lanterns” over the fireplaces are not hardwired and are not to code. They need to be removed immediately, to be replaced when funds are available. The existing chandeliers have been showing signs of failure (when a bulb is replaced the whole chandelier goes out and sometimes the circuit breaker pops) and have been inspected by a licensed electrician. The wiring in these ten old fixtures is brittle; they need to be replaced. The white vinyl tiles in the porch are coming up from the floor. The area is used as a dance floor; this must be addressed as soon as possible to avoid an accident.

There are several smaller phases that will complete the facility. The foyer should be carpeted over the white vinyl flooring and furnished with appropriate seating and tables. The restrooms need to be upgraded (replacing the Formica lavatories etc). The porch area needs new seating, tables and lighting. The bar is crying out for refurbishing. The floor tiles in the porch area should be replaced. The existing tables/chairs can be replaced a portion at a time. We are pursuing further funding from local sponsors for these phases.

All materials, furniture, fabrics and fixtures will be fire rated for a public facility and will meet existing code.

The first phase of the project is removal of the map, ship’s wheel, exhaust fans, installing molding, painting and draperies. We have requested quotes from four highly recommended licensed contractors who are capable of completing this task by our deadline of December 5. The Society will fund the first ten thousand dollars to get this underway. We would like to accomplish as much as possible by December 5th.

 

Funding Proposal:

The Historical Society is proposing that the Society fund $10,000 of this phase but this amount must be repaid. It has taken the Society many years to acquire this money; it is needed to catalog and preserve our collection and archival materials. Specific terms would be negotiated upon acceptance of this proposal.

We have “sponsor letters” to generate donations/additional funding ready to go out. We expect the Borough would take responsibility for those unsafe/not to code items.

 

Minutes:

 

Merchantville, NJ                September 14, 2009

           

            A regular meeting of Borough Council was held at 7:30 PM, Monday, September 14, 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, Brunton, Waldron, Fields, Clerk Brouse, CFO Moules and Attorney Higgins.

 

PUBLIC HEARING

 

PUBLIC:

Michael Callahan, 214 Glenwood Avenue, continuing flooding on Glenwood Avenue for years, three floods in two months, ditch is not kept clean. Router was to be done two times a year. When was it done last? Mayor responded by stating that Dan sent a letter to NJ transit and received a case number. Public Works makes sure to clear drains when they know of an upcoming storm. We will look into it again.

Hopes a survey would be done before any type of merging police would be done.

 

Alex Woshenko, 8 Morris Street, On the Merchantville Blog spot there was a study regarding multi housing.  On average less children live in apartments and more in owned homes.

How much equity does Fieldstone have and can they survive this economy?

 

Wally Hussong, 33 Franklin Avenue, Are apartments a done deal? No section 8 right? Do we want more apartments?

 

Presentation from Recycle Bank Program

 

ENGINEER’S REPORT: The engineer gave his report on all on going projects.

 

APPROVAL OF MINUTES: On a motion of Mr. Brunton and second of Mr. Waldron, Council approved the regular meeting minutes for 8/10/09

 

CORRESPONDENCE:

 

COUNCIL REPORTS:

Mrs. Fields- the committee reviewed the personnel manual, reviewed JIF. EMS had 27 calls. Planning Board has three sign changes and 3 pending applications. Code Enforcement 24 W. End was appraised. 174 Prospect has been gifted to the Borough.

 

Mr. Waldron-October fest is October 2, 2009.  Foam Coffee shop is open, Car Show meeting is Sept. 23, 2009. Public Events yard sale is September 26, 2009, Historic Preservation has no report.

 

Mr. Brunton-Office of Emergency Management has nothing planned, nothing done and no meeting since spring, licensing $1267, $1821 total revenue. Public Works has a new street sweeper roller and the JIF inspected the building.

 

Mr. Brennan-Court collected $11,367, Fire had 14 calls and the ladder truck was repaired.

 

Mr. Alloway gave Police report. 190 traffic tickets, 1 DWI.

 

Clerk’s Report

Summer youth program is over and a lot of painting and repairs have been accomplished around Borough Hall.

Progress on Borough Hall paint and flooring

Reminder that the Farmers Market will be this Friday from 4:00-9:00.

If you are interested in attending the League of Municipalities, sign the sheet on the table.

The Borough will have its tax sale on October 21.

Council meeting reminder for October, due to the Columbus holiday council will be on October19.

PSE&G work began today on Maple and Centre Street

The Borough Hall will be closed on October 12 for Columbus Day.

Congratulation to Councilman Perno and his wife for the birth of their son.

Mayor and council have been invited to the reception

 

OLD BUSINESS:

It was requested that the Community Center fees be put on the October agenda.

           

NEW BUSINESS

 

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

 

R09-117

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY EXTENDING THE APPOINTMENT OF AS ACTING 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 Acting Municipal Clerk is for an annual term commencing July 1, 2009 and concluding on July 1, 2010.

 

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.

 

 

 

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.

 

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.

 

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

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

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

 

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.

 

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.

 

 

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

WHEREAS, sewer for 2009 as listed below for the periods and amounts stated be cancelled as

follows:

BLOCK/LOT              NAME & ADDRESS                     AMOUNT

29/2                              9 S Centre                                 $105.36

            WHEREAS, the various checks have been investigated and have been determined to have

been lost or otherwise destroyed;

            NOW, THEREFORE BE IT RESOLVED, by the Borough of Merchantville that the following checks in the year and period of 2009 and the expenditures be cancelled to the proper fund:

 

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.

 

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

 

 

R09-127

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY APPROVING CHESTNUT AVENUE STREET CLOSING FOR OCTOBERFEST

            BE IT RESOLVED, that in accordance to Chapter 5, Article 2 of the Code of the Borough of Merchantville that traffic on public property known as Chestnut Avenue between Centre Street and Alexander Avenue be and hereby temporally suspended to the public on October 2, 2009 for a period that shall run from 5:00 PM and suspend at 12:00 AM for the public event known as the October fest;

 

R09-128

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY APPROVING CHANGE ORDER NO 1 FOR ROADWAY IMPROVEMENTS TO MORRIS STREET AND PROSPECT STREET

WHEREAS, it was necessary to make changes in the scope of work to be done in completing the Roadway Improvements to Morris Street and Prospect Street [Funded by the NJDOT Municipal Aid Program, FY2008 and FY2009] in the Borough of Merchantville, Camden County, New Jersey;

            WHEREAS, Change Order No. 1 was developed to itemize and authorize those changes.

            WHEREAS, certification has been received by the Certified Finance Officer that sufficient funds have been allocated for this Change Order;

            NOW, THEREFORE, BE IT RESOLVED by the Borough of Merchantville that Change Order No. 1 is hereby authorized and approval is hereby granted to revise the contract amount from $253,278.00 to $___________ (increase of $ ____________).

 

ORDINANCE INTRODUCTION-On a motion of Mr. Brennan and second of Mr. Brunton, council approved the introduction of the following Ordinance:

 

 

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.

           

DISCUSSION-Public Works step van should be used until it dies. Do not put anymore money into it.

 

DISCUSSION-Limiting council meetings to one a month in September and October.

On a motion of Mr. Brunton and second of Mr. Alloway, (with Mr. Brennan & Mr. Waldron voting no) Council approved limiting council meetings to one a month in September and October.

DISCUSSION-Use of Wellwood Park for benefit-Mayor & Denise have power to approve once chief gives his approval.

 

DISCUSSION-Use of Community Center for Pumpkin Festival.

 

Mayor would like to discuss at a  later date an ordinance to pay for curb to street repair paid by Boro. Self insurance policy.

 

PAYMENTOF BILLS-On a motion of Mrs. Fields and second of Mr. Brunton, Council approved the following bills for payment.

R09-129

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

Sept 14,  2009

Current Fund

 

 

 

 

 

Revenue

Budget

Checks Current Fund

2008 Budget

 

15,424.53

 

2009 Budget

 

$132,028.13

 

State / Federal Grants

 

$5,345.51

 

Debt Service                           

 

  

 

Board of Education

 

 

 

Revenue Current

$159.55

      

 

Checks Delivered

 

$1,323,473.24

 

Total Current

$159.55

$1,476,271.41 

 

 

 

 

Sewer Utility Fund

 

 

 

 

2009 Budget

 

$6,513.91

 

Debt Service

Sewer Capital

 

 

175.00

 

Checks Delivered

 

$6,407.01

 

 Total Sewer

 

$13,095.92                   

 

 

 

 

Recreation Commission

 

 

 

 

2009 Budget

 

          $102.98

 

Revenue Rec

$500.00

        

 

Checks Delivered

 

 

 

Total Recreation 

$500.00

$102.98

 

 

 

 

General Capital Fund

 

 

 

 

 

 

 

 

2009 Budget

 

$23,118.75

 

Checks Delivered

 

       $3,094.83   

 

 Total Capital

 

$26,213.58

 

 

 

 

Trust-Other Fund

 

 

 

 

2009 Budget

 

$1,970.00

 

Checks Delivered

 

$646.84

 

 Total Trust

 

$2,616.84

 

 

 

 

Animal Trust

2009 Budget

 

$14.40

Unemployment

2009 Budget

 

 

 

Checks Delivered

 

$5,555.08

 

 

Total

$5,569.48

 Total Bill list

Total Revenue $659.55

Total Budget

$1,523,870.21

 

 

ADJOURNMENT: On the motion of Mr. Alloway and second of Mrs. Fields, the meeting was adjourned at 10:01 PM.

_______________________

                                                                                    DENISE BROUSE

                                                                                    BOROUGH CLERK