Next Council Agenda

Information on the 23 November Council meeting was sent at 9:32 am Friday, 20 November. 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, NOVEMBER 23^rd AT 7:30 PM.

___________________________

DENISE L. BROUSE

BOROUGH CLERK

AGENDA:

1. CALL TO ORDER - PUBLIC MEETING STATEMENT

2. PLEDGE – SILENT PRAYER

3. ROLL CALL

4. PUBLIC

5. OLD BUSINESS

6. NEW BUSINESS

RESOLUTION 09-134 Authorizing Sunesys to install fiber optic cable in Borough

RESOLUTION 09-135 Authorizing AT&T to install fiber optic cable in Borough

RESOLUTION 09-141 Authorizing 2009 Budget transfers

RESOLUTION 09-142 Confirming Resolution

PAYMENT OF PETTY CASH BILLS

7. ANNOUNCEMENTS

8. PRIVATE SESSION Matters of personal

9. ADJOURNMENT Time __________ 1^st ______2^nd_______

AGENDA MAY BE SUBJECT TO CHANGE

R09-134

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING SUNESYS TO INSTALL, OPERATE AND MAINTAIN FIBER OPTIC CABLE WITHIN THE BOROUGH OF MERCHANTVILLE

WHEREAS, Sunesys, Inc. is authorized to provide telecommunications and related services in

the State of New Jersey; and

WHEREAS, pursuant to providing telecommunications and related services, Sunesys, Inc.

desires to install, operate and maintain fiber optic cable within the corporate boundaries of the Borough

of Merchantville; and

WHEREAS, Sunesys, Inc. proposes to locate new fiber optic cable within the Borough of

Merchantville in accordance with the attached routing plan utilizing, existing utility poles, said poles being

owned and maintained by PSE & G and/or Verizon; and

WHEREAS, the Borough Council of the Borough of Merchantville finds the installation of Sunesys

fiber optic cable within the Borough to be in the public interest.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Borough Council of the Borough

of Merchantville as follows:

1. That Sunesys is hereby granted permission to install, operate and maintain its fiber optic cable

within the Borough in accordance with the routing plan previously provided to the Borough for approval.

2. That the installation, operation and maintenance of Sunesys fiber optic cable shall not interfere

with the safety or convenience of persons or vehicles traveling on public streets, highways or right-of-

way within the Borough.

3. That Sunesys, shall at times, indemnify and hold harmless the Borough of Merchantville and its

employees from any and all actions, claims, suits or demands or costs that may be made by any person

or persons, company or corporation for or by reason of any injury including death or damage to any

person or thing or property whatever resulting from or associated with the installation, operation, repair,

or maintenance of the fiber optic cable, conduit or associated facilities.

4. That Sunesys shall be liable to the Borough of Merchantville for any and all damages caused

and sustained by the Borough for and by reason of construction, installation, repair, operation and

maintenance of the fiber optic cable, conduit, or associated facilities.

5. Pursuant to and as allowed for in N.J.S.A. 54:30A-124, Sunesys shall reimburse the Borough

for the Borough’s recurring costs and expenses in providing actual services to administer this agreement.

The parties hereto agree that a reasonable reimbursement shall be the sum of $1,000 payable upon

receipt of this Resolution by Sunesys, and, thereafter, an annual amount of $100 per year due and

payable on the first day of March of each and every year thereafter.

BE IT FURTHER RESOLVED, that should there be any deviation from either the routing or

method of installation as presently proposed, Sunesys will notify the Borough of Merchantville and post a

Performance Bond for the work, if said Bond is determined by the Borough to be required.

THE BOROUGH OF MERCHANTVILLE

BY:

FRANK M. NORTH, MAYOR

ATTEST:

DENISE L. BROUSE, BOROUGH CLERK

I, DENISE L. BROUSE, Borough Clerk for the Borough of Merchantville, do hereby certify the foregoing to be a true and correct copy of the Resolution of the Borough of Merchantville, at a meeting of said Borough of Merchantville on November 23, 2009, and that said Resolution was passed by a majority vote of the Borough Council of the Borough of Merchantville.

DENISE L. BROUSE, BOROUGH CLERK

R09-135

Resolution OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN AND STATE OF NEW JERSEY AUTHORIZING AT & T TO INSTALL FIBER OPTIC CABLE ON POLES AND IN CONDUITS IN THE MUNICIPAL RIGHT OF WAY

Resolution granting permission to A T & T, to install telecommunications facilities along, under and over

the public right-of-way.

WHEREAS, AT & T Corp., through its operating subsidiaries, including AT & Communications

of New Jersey, L.P. TCG New Jersey, Inc. and Teleport Communications New York (collectively, “AT & T”)

is a telecommunications carrier authorized to provide service by the New Jersey Board of Public Utilities

(BPU) and the Federal Communications Commission (FCC); and

WHEREAS, AT & T, as a public utility and common carrier, has requested approval to install

telecommunications facilities in Merchantville rights-of-way; and

WHEREAS, AT & T is seeking to lease or obtain conduit space and access to poles with other

utilities, particularly Verizon New Jersey Inc., and Verizon has required that AT & T obtain Merchantville

Borough Council approval as a condition of such access;

NOW, THEREFORE, BE IT RESOLVED BY THE MERCHANTVILLE BOROUGH COUNCIL THAT:

1. Permission and authority are hereby granted to AT & T to install telecommunications facilities on utility poles or within underground conduits located in the public right-of-way in the Borough of Merchantville in order to provide telecommunications services to the public, and to operate, maintain and repair said facilities, subject to the following:

A. The facilities shall be installed in underground conduit and/or onto utility poles in the public right-of-way.

B. AT & T, its successors and assigns, shall adhere to all applicable Federal, State, and Local laws regarding safety requirements for the use of the public right-of-way

C. AT & T, its successors and assigns, shall comply with all Federal, State, and Local laws requiring permits prior to beginning construction.

D. Such permission be and is hereby given upon the condition and provision that AT & T, its successors and assigns, not only indemnify and save harmless the Borough of Merchantville, its officers, agents and servants, from any claims arising from or in any way connected to the acts or omissions of AT &T in use of the public right-of-way but shall agree on behalf of the Borough to defend any action at law or equity which may be brought against the Borough upon such claims or from claims arising during the construction period, excluding in all instances claims arising out of gross negligence or willful misconduct on the part of the Borough.

E. AT & T, its successors and assigns shall at its own cost and expense procure and keep at all times in full force and effect paid up policies for Comprehensive General Liability Insurance in favor of the Borough, as its interests may appear, in the amount of at least $5,000,000, in any combination of primary and excess or umbrella coverages, covering bodily injury and property damage arising out of any one accident. Proof of said coverage, naming the Borough as an additional insured shall be filed with the Borough Clerk prior to the installation of any plant. On prior notice to AT& T, the Borough shall have the right to increase the amount of Comprehensive General Liability Insurance and to alter the terms of insurance called for under this section provided such change is implemented uniformly for all similarly situated carriers. AT & T shall endeavor to ensure that said insurance shall not be subject to cancellation or change until thirty (30) days after the Borough Clerk has received written notice thereof as evidenced by return receipt of certified or registered letter.

F. Such permission be and is hereby given upon the further condition that in the use of the public right-of-way AT & T, its successors and assigns, shall become subject to any lawful Ordinance or Resolution now or hereafter adopted by the Borough.

G. Such permission be and is hereby given upon the condition that AT & T shall obtain all applicable permits which may be required by the Borough, and shall comply with, bear the expenses of, all applicable Borough requirements regarding traffic control and police supervision while any work in the pubic right of way is occurring.

H. AT & T shall be responsible for the repair of damage to paving, existing utility lines, or any surface or subsurface installations, etc., arising from the construction, installation or maintenance of said plant.

I. Neither the Borough nor AT & T shall be liable to the other for consequential, incidental, exemplary or punitive damages on account of any activity pursuant to this resolution.

J. The adoption of this resolution on behalf of the Borough by the Borough Council shall be attested to by the Borough Clerk who shall affix the Borough Seal thereto. Said actions shall constitute the existence of public notification.

K. The permission and authority hereby granted shall be for a period of fifteen (15) years. Such permission and authority shall be automatically extended for additional periods of five (5) years each; provided, however, that either party may cancel such permission and authority effective at the end of the currently effective term with a minimum of one (1) year’s prior written notice to the other.

L. Pursuant to and as allowed for in N.J.S.A. 54:30A-124, AT & T shall reimburse the Borough

for the Borough’s recurring costs and expenses in providing actual services to administer this agreement. The parties hereto agree that a reasonable reimbursement shall be the sum of $1,000 payable upon receipt of this Resolution by AT &T and, thereafter, an annual amount of $100 per year due and payable on the first day of March of each and every year thereafter.

I certify the above to be a true copy of a Resolution adopted by the Merchantville Borough Council at a meeting held on November 23, 2009.

APPROVED:

ATTEST:

_______________________

Frank M. North

MAYOR

________

Denise Brouse

BOROUGH CLERK

R09 - 141

RESOLUTION OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN

AND STATE OF NEW JERSEY AUTHORIZING 2009 BUDGET TRANSFERS

WHEREAS, there are certain 2009 Budget Appropriations of the Borough of Merchantville with balances insufficient to meet requirements for operating Borough Affairs as indicated on the attached schedule; and

WHEREAS, there are 2009 Budget Appropriations with unexpended balances that are not needed for such purposes; and

WHEREAS, Revised Statutes 40A:4-59 provides for Transfers to those accounts having insufficient balances:

Budget Description	Account Number	Transfer Out	Transfer In
Electricity/Natural Gas	9-01-31-430-000	14,000.00
UCC Third Party Inspections	9-01-22-725-253		4,000.00
Unemployment	9-01-31-450-000		10,000.00
	TOTAL	14,000.00	14,000.00

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Barrington that the following transfers are hereby approved as indicated on the above schedule.

APPROVED:

ATTEST:

Frank M. North

MAYOR

Denise Brouse

BOROUGH CLERK

BOROUGH OF MERCHANTVILLE

I, Denise Brouse, Borough Clerk of the Borough of Merchantville, do hereby certify the foregoing resolution to be a true copy of a resolution adopted by the governing body at a meeting held on November 23, 2009. Witness my hand and seal of the Borough of Merchantville this 23rd day of November, 2009.

_____________________________

Denise Brouse, Borough Clerk

RESOLUTION 09-142

RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF MERCHANTVILLE, COUNTY OF CAMDEN, NEW JERSEY CONFIRMING THE DETAILS OF THE SALE OF THE BOROUGH'S GENERAL OBLIGATION BONDS, SERIES 2009A, AND GENERAL OBLIGATION BONDS, SERIES 2009B, TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST AND THE STATE OF NEW JERSEY, ACTING BY AND THROUGH THE NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION PURSUANT TO THE 2009 NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST FINANCING PROGRAM

BACKGROUND

WHEREAS, the Borough of Merchantville, County of Camden, New Jersey ("Borough") has determined there exists a need within the Borough 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; and

WHEREAS, the Borough has determined to finance the acquisition, construction, renovation and installation of the 2009 Project with 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; 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 the State of New Jersey 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, pursuant to a resolution adopted by the Borough Council on September 14, 2009 ("Authorizing Resolution"), the Borough authorized and approved the issuance and sale of up to $1,845,000 of the 2009 Bonds of the Borough, consisting of the Borough's 2009A Bonds, and the Borough's 2009B Bonds, to finance the costs of the 2009 Project; 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 2009B Bonds to the Trust, without any public offering, all under the terms and conditions set forth herein; and

WHEREAS, the Trust has sold its bonds to fund the Trust Loan, thereby enabling the Borough to confirm the exact aggregate principal amount of and debt service schedule for each series of the 2009 Bonds.

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 sale of the 2009A Bonds to the Trust and the 2009B Bonds to the State is hereby authorized, approved, ratified and confirmed. The 2009A Bonds shall be released from escrow in accordance with the terms of the escrow agreement between the Trust, the State, the escrow agent and the Borough ("Escrow Agreement") and thereby issued in accordance with the principal amount, interest rates and maturity schedule set forth on Schedule "A" attached hereto and made a part hereof. The 2009B Bonds shall be released from escrow in accordance with the terms of the Escrow Agreement and thereby issued in accordance with the principal amount and maturity schedule set forth on Schedule "B" attached hereto and made a part hereof.

Section 2. 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 3. The Mayor, Chief Financial Officer or 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 4. All resolutions, or parts thereof, inconsistent herewith or with the Authorizing Resolution, are hereby rescinded and repealed to the extent of any such inconsistency.

Section 5. This resolution shall take effect immediately upon adoption this 23^rd day of November, 2009.

Recorded Vote

AYE NO ABSTAIN ABSENT

The foregoing is a true copy of a resolution adopted by the Borough Council on November 23, 2009.

DENISE BROUSE, Borough Clerk

[SEAL]

Schedule "A"

Description of 2009A Bonds

Schedule "B"

Description of 2009B Bonds