A regular meeting of Borough Council was held at 7:30 PM, Monday,
April 12, 2010. 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, Brickley and Fields.
Clerk Brouse, CFO Moules and Attorney Higgins were present.
PUBLIC HEARING
PUBLIC
Marge Disch,
Woschenko,
Tom Evaul,
ENGINEER’S REPORT:
The Engineer provided a written report on ongoing projects.
CORRESPONDENCE: none
COUNCIL REPORTS:
Mrs. Fields-Personal
manual with JIF updates should be ready. New playground equipment should
be installed by end of week. Planning Board did not meet last month.
Abandoned properties court papers were filed.
NPP reported that all funds are allocated.
Four applications were taken this month. Letters have been sent
to the Assemblymen.
Mr. Brickley
reported on Public Works, preventative maintenance issues continue and
we are working on repairs.
Mr. Brunton
gave the Shade Tree report. Merchantville Public Works will donate a
tree for Arbor Day, April 30th. Meeting will be on Wednesday
at Library. Office of
Emergency Management meeting is delayed.
Mr. Brennan
reported that website will be working on May 1st or so.
Public Events meeting 6:30-7:00. June 5th is the Birthday
celebration. Egg Hunt went well. Thanks to the Easter Bunny, Dawn
Schmidt and Steve Volkert. Reduction for Court dates from four per month
to two is being considered.
Mr. Alloway-Police
had 227 calls for service, 3 DWI, Pedestrian crossing checkpoint, 30
summons at Chestnut and Browning. Grant application for Click it or
Ticket. Loitering problems in West End & Community Center
(skateboarding). Purchase a sign stating no skate boarding at community
center. Police will step up patrols.
CLERK’S REPORT:
The Farmer’s Market will begin on May 21 and continue each Friday.
School Board Elections will be on April 20.
Information to FEMA for the snowstorm has been submitted.
Financial Disclosure Statements are due.
Don’t forget to send you Census information in and be counted.
Spring Fling on
Public Events meeting will be on April 19th.
The JIF has new requirements to be added to our personnel manualt.
A committee is working on completing the changes and it will be ready
for the May 1st due date.
OLD BUSINESS:
Discussion- Ship Wheel at Community Center
A museum is interested in leasing the ship wheel.
Discussion took place and it was decided that the museum would
prepare an agreement to borrow the wheel for a period of five years.
NEW BUSINESS:
ORDINANCE
INTRODUCTION-On
a motion of Mr. Brickley and second of Mr.
Brennan, (with Mr. Brunton voting no) council approved the introduction
of the following Ordinance:
ORDINANCE 10-05
CALENDAR YEAR 2010 MODEL ORDINANCE
TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS,
the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that
in the preparation of its annual budget, a municipality shall limit any
increase in said budget to 0% unless authorized by ordinance to increase
it to 3.5% over the previous year’s final appropriations, subject to
certain exceptions; and,
WHEREAS,
N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized
by ordinance, appropriate the difference between the amount of its
actual final appropriation and the 3.5% percentage rate as an exception
to its final appropriations in either of the next two succeeding years;
and,
WHEREAS,
the Borough Council of the Borough of Merchantville in the County of
Camden finds it advisable and necessary to increase its CY 2010 budget
by up to 3.5% over the previous year’s final appropriations, in the
interest of promoting the health, safety and welfare of the citizens;
and,
WHEREAS,
the Borough Council hereby determines that a 3.5% increase in the budget
for said year, amounting to $119,697.13 in excess of the increase in
final appropriations otherwise permitted by the Local Government Cap
Law, is advisable and necessary; and,
WHEREAS
the Borough Council hereby determines that any amount authorized
hereinabove that is not appropriated as part of the final budget shall
be retained as an exception to final appropriation in either of the next
two succeeding years.
NOW THEREFORE BE IT ORDAINED,
by the Borough Council of the Borough of Merchantville, in the County of
Camden, a majority of the full authorized membership of this governing
body affirmatively concurring, that, in the CY 2010 budget year, the
final appropriations of the Borough of Merchantville shall, in
accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased
by 3.5%, amounting to $119,697.13, and that the CY 2010 municipal budget
for the Borough of Merchantville be approved and adopted in accordance
with this ordinance; and,
BE IT FURTHER ORDAINED,
that any amount authorized hereinabove that is not appropriated as part
of the final budget shall be retained as an exception to final
appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED,
that a certified copy of this ordinance as introduced be filed with the
Director of the Division of Local Government Services within 5 days of
introduction; and,
BE IT FURTHER ORDAINED,
that a certified copy of this ordinance upon adoption, with the recorded
vote included thereon, be file with said Director within 5 days after
such adoption.
RESOLUTION 10-44 CALCULATION OF RESERVE FOR UNCOLLECTED TAXES:
On a motion of Mr. Brennan and second of Mrs. Fields, Council approved
the following resolution:
RESOLUTION 10-44
BOROUGH OF MERCHANTVILLECOUNTY OF CAMDENRESOLUTION TO UTILIZE AVERAGE
TAX COLLECTION RATEFOR CALCULATION OF RESERVE FOR
UNCOLLECTED TAXES APPROPRIATION IN THE 2010 MUNICIPAL BUDGET
WHEREAS, the Borough
of Merchantville Borough has experienced a decline in tax collection
rates in the last two years; and
WHEREAS, the use of
the lower collection rate in arriving at the budget appropriation
Reserve for Uncollected Taxes in the 2010 Municipal Budget would result
in an unfair tax burden to the taxpayers of the Borough of
Merchantville; and
WHEREAS, the Division
of Local Government Services, Department of Community Affairs will allow
the Borough of Merchantville to use the average of the prior three
years’ collection rates in calculating the budget appropriation Reserve
for Uncollected Taxes in the 2010 Municipal Budget; and
WHEREAS, the prior
three years’ collection rates are 96.46% for 2007, 94.40% for 2008 and
94.61% for 2009; and
WHEREAS, the
averaging of the prior three years’ collection rates result in a
collection rate of 95.15%;
NOW, THEREFORE, BE IT
RESOLVED that the Borough of Merchantville will use the collection
rate of 95.00% in calculating the budget appropriation Reserve for
Uncollected Taxes in the 2010 Municipal Budget.
RESOLUTION 10-45 AUTHORIZATION OF TEMPORARY EMERGENCY APPROPRIATIONS:
On a motion of Mr. Brennan and second of Mr. Alloway, Council approved
the following resolution:
R10-45
RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,
AUTHORIZING TEMPORARY EMERGENCY
APPROPRIATIONS
WHEREAS, adoption of
the 2010 Municipal Budget has been delayed; and
WHEREAS, no provision
was made in the 2010 Temporary Budget for budget appropriations beyond
March 31, 2010; and
WHEREAS, NJSA
40A:4-20 provides for the creation of an emergency temporary
appropriation for operating expenditures when the adoption of the
Municipal Budget has been delayed; and
WHEREAS, the total
emergency operating expenditures for the second quarter of 2010 are
expected to be $ 1,042,461.91 for the Current Fund and $ 91,627.86 for
the Sewer Fund;
NOW, THEREFORE, BE IT
RESOLVED, by the Mayor and Council of the Borough of Merchantville
in accordance with the provisions of NJSA 40A:4-20 that:
An emergency temporary appropriation in the amount of $1, 042,461.91 for
the Current Fund and $ 91,627.86 for the Sewer Fund is hereby made.
That said emergency temporary appropriations have been provided for in
the 2010 Municipal Budget.
RESOLUTION 10-46 INTRODUCE 2010 BUDGET:
On a motion of Mr. Brickley and second of Mrs. Fields, Council approved
the following resolution:
Resolutions to be read and approved by consent agenda:
On a motion of Mr. Alloway and second of Mr. Brunton, Council approved
the following resolutions to be read and approved by consent agenda:
R10-47
RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,
WHEREAS,
the Mandatory Source Separation and Recycling Act, P.L. 1987, c. 102 has
established a recycling fund from which a tonnage grant may be made to
municipalities in order to encourage local source separation and
recycling programs; and
WHEREAS,
it is the intent and spirit of the Mandatory Source Separation and
Recycling Act to use the tonnage grants to develop new municipal
recycling programs and to continue and to expand existing programs; and
WHEREAS,
the New Jersey Department of Environmental Protection has promulgated
recycling regulations to implement the Mandatory Source Separation and
Recycling Act; and
WHEREAS,
the recycling regulations impose on municipalities certain requirements
as a condition for applying for tonnage grants, including but not
limited to, making and keeping accurate, verifiable records of materials
collected and claimed by the municipality; and
WHEREAS,
a resolution authorizing this municipality to apply for such tonnage
grants for 2007 will memorialize the commitment of this municipality to
recycling and to indicate the assent of the Borough Council of the
Borough of Merchantville to the efforts undertaken by the municipality
and the requirements contained in the Recycling Act and recycling
regulations; and
WHEREAS,
such a resolution should designate the individual authorized to ensure
the application is properly completed and timely filed.
NOW, THEREFORE, BE IT RESOLVED,
by the Borough Council of the Borough of Merchantville that the Borough
of Merchantville hereby endorses the submission of the recycling tonnage
grant application to the New Jersey Department of Environmental
Protection; and
BE IT FURTHER RESOLVED
that the monies received from the recycling tonnage grant be deposited
in a dedicated recycling trust fund to be used solely for the purposes
of recycling.
R10-48
RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,
COUNTY OF CAMDEN AND STATE OF NEW JERSEY LOCAL UNIT CIVIL RIGHTS
RESOLUTION TO AFFIRM THE BOROUGH OF MERCHANTVILLE’S CIVIL RIGHTS POLICY
WITH RESPECT TO ALL OFFICIALS, APPOINTEES, EMPLOYEES, PROSPECTIVE
EMPLOYEES, VOLUNTEERS, INDEPENDENT CONTRACTORS, AND MEMBERS OF THE
PUBLIC THAT COME INTO CONTACT WITH
MUNICIPAL EMPLOYEES, OFFICIALS AND VOLUNTEERS
WHEREAS,
it is the policy of the Borough of Merchantville to treat the public,
employees, prospective employees, appointees, volunteers and contractors
in a manner consistent with all applicable civil rights laws and
regulations including, but not limited to the Federal Civil Rights Act
of 1964 as subsequently amended, the New Jersey law against
Discrimination, the Americans with Disabilities Act and the
Conscientious Employee Protection Act, and
WHEREAS, the
governing body of the Borough of Merchantville has determined that
certain procedures need to be established to accomplish this policy.
NOW, THEREFORE BE IT
ADOPTED by the Borough of Merchantville that:
Section 1: No official, employee, appointee or volunteer of the Borough
of Merchantville by whatever title known, or any entity that is in any
way a part of the Borough of Merchantville shall engage, either directly
or indirectly in any act including the failure to act that constitutes
discrimination, harassment or a violation of any person’s constitutional
rights while such official, employee, appointee, volunteer, or entity is
engaged in or acting on behalf of the Borough of Merchantville’s
business or using the facilities or property of the Borough of
Merchantville.
Section 2: The prohibitions and requirements of this resolution shall
extend to any person or entity, including but not limited to any
volunteer organization or inter-local organization, whether structured
as a governmental entity or a private entity, that receives
authorization or support in any way from the Borough of Merchantville to
provide services that otherwise could be performed by the Borough of
Merchantville.
Section 3: Discrimination, harassment and civil rights shall be defined
for purposes of this resolution using the latest definitions contained
in the applicable Federal and State laws concerning discrimination,
harassment and civil rights.
Section 4: The Mayor shall establish written procedures for any person
to report alleged discrimination, harassment and violations of civil
rights prohibited by this resolution. Such procedures shall include
alternate ways to report a complaint so that the person making the
complaint need not communicate with the alleged violator in the event
the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any
alleged discrimination, harassment or violation of civil rights,
provided however, that any person who reports alleged violations in bad
faith shall be subject to appropriate discipline.
Section 6: The Mayor shall establish written procedures that require all
officials, employees, appointees and volunteers of the Borough of
Merchantville as well as all other entities subject to this resolution
to periodically complete training concerning their duties,
responsibilities and rights pursuant to this resolution.
Section 7: The Mayor shall establish a system to monitor compliance and
shall report at least annually to the governing body the results of the
monitoring.
Section 8: At least annually, the Mayor shall cause a summary of this
resolution and the procedures established pursuant to this resolution to
be communicated within the Borough of Merchantville.
This communication shall include a statement from the governing
body expressing its unequivocal commitment to enforce this resolution.
This summary shall also be posted on the Borough of Merchantville’s web
site.
Section 9: This resolution shall take effect immediately.
Section 10: A copy of this resolution shall be published in the official
newspaper of the Borough of Merchantville in order for the public to be
made aware of this policy and the Borough of Merchantville’s commitment
to the implementation and enforcement of this policy.
R10-49
RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,
MORTGAGE COMPANY
WHEREAS, the
Merchantville Tax Collector has called to Mayor and Council’s attention
a request to refund a partial Lien Redemption payment to the Mortgage
Company because the CCMUA charge should not have been included in the
sale:
NOW, THEREFORE, be it
resolved by the Mayor and Council of the Borough
of Merchantville that the following refund be approved on this account
in the amount of
$409.20 and be forwarded to BAC Tax Servicing Corporation, CAO 911 01
03, PO Box 10211, Van Nuys, CA 91410:
CERTIFICATE
BL.
LOT
NAME & ADDRESS
AMOUNT
09-00021
24.02
3.03
Peter M Jr & Sandra Zaknich
$409.20
DISCUSSION-Yard Waste pick up-Monday’s
and Thursday’s in May
APPROVAL:
On a motion of Mr. Alloway and second of Mrs. Fields, Council approved
the Use of Wellwood park in June for Gospel Music Festival.
PAYMENT OF BILLS:
On the motion of Mrs. Fields and second of Mr. Alloway, Council approved
the following bills for payment:
R10-50
RESOLUTION
RESOLVED that the Report of the Department of Accounts and
Auditing be accepted and spread upon the minutes and the Treasurer be is
hereby authorized to pay bills approved therein.
|
Borough of Merchantville |
Bill List Summary |
April 12, 2010 |
|
|
Current Fund |
|
Revenue fund |
|
|
Checks Current Fund |
2009 Budget |
|
20,004.00 |
|
|
2010 Budget |
|
120,762.78 |
|
|
State / Federal Grants |
|
27,695.13 |
|
|
Pension |
|
276,220.00 |
|
|
Debt Service
|
|
28,775.25
|
|
|
Board of Education |
|
|
|
|
Revenue Current |
3,330.38 |
|
|
|
Checks Delivered |
|
1,584.79 |
|
|
Total Current |
3,330.38 |
475,041.95 |
|
Sewer Utility Fund |
|
|
|
|
|
2010 Budget |
|
10,421.80 |
|
|
Debt Service |
|
|
|
|
Checks Delivered |
|
|
|
|
Total Sewer |
|
10,421.80 |
|
|
|
|
|
|
Recreation Commission |
|
|
|
|
|
2010 Budget |
|
|
|
|
Revenue Rec |
1000.00 |
487.95
|
|
|
Checks Delivered |
|
|
|
|
Total Recreation |
1,000.00 |
487.95 |
|
|
|
|
|
|
General Capital Fund |
Budget |
|
2,214.60 |
|
Sewer Capital Fund |
Budget |
|
67.52
|
|
|
|
|
|
|
|
Checks Delivered |
|
|
|
|
Total Capital |
|
2,282.12 |
|
|
|
|
|
|
Trust-Other Fund |
|
|
|
|
|
2010 Budget |
|
2,136.95 |
|
|
Checks Delivered |
|
|
|
|
Total Trust |
|
2,136.95 |
|
|
|
|
|
|
Animal Trust |
2010 Budget |
|
75.60 |
|
Unemployment |
2010 Budget |
|
|
|
|
Checks Delivered |
|
|
|
|
|
Total
|
75.60 |
|
Total Bill list |
Revenue $ 4,330.38 |
Budget |
490,370.77 |
PRIVATE SESSION:
On the motion of Mr. Alloway and second of Mr. Brickley, council voted
to adjourn to private session to discuss matters of personnel.
R10-54B
RESOLUTION OF THE BOROUGH OF MERCHANTVILLE,
AUTHORIZING A PRIVATE SESSION OF
COUNCIL
Mr. Alloway offered the following resolution and moved its adoption:
WHEREAS, Section 8 of
the Open Public Meetings Act, Chapter 231, P.L. 1975 permits the
exclusion of the public from a meeting in certain circumstances; and
WHEREAS, this public
body is of the opinion that such circumstances presently exist;
NOW, THEREFORE, BE IT
RESOLVED by the Mayor and Council of the Borough of Merchantville,
1.
The public shall be excluded from discussion of and action upon the
hereinafter specified subject matters.
2.
The general nature of the subject matter to be discussed is as follows:
Matters of Personnel
3.
It is anticipated at this time that the above stated subject matter
shall be made public.
4.
This Resolution shall take effect immediately.
Seconded by Mr. Brickley and adopted on roll call by the
following vote:
|
|
Yes |
No |
Abstain |
Absent |
|
Mr. Alloway |
( x ) |
( ) |
( ) |
( ) |
|
Mr. Brennan |
( xx ) |
( ) |
( ) |
( ) |
|
Mr. Perno |
( x ) |
( ) |
( ) |
( ) |
|
Mr. Brunton |
( ) |
( ) |
( ) |
( ) |
|
Mr. Brickley |
( x ) |
( ) |
( ) |
( ) |
|
Mrs. Fields |
( x ) |
( ) |
( ) |
( ) |
On a motion of Mr. Brickley and second of Mr. Brennan, council voted to
return to public session.
ADJOURNMENT:
On the motion of Mr. Brennan and second of Mr. Brickley the
meeting was adjourned at 8:38 PM.
________________________
DENISE BROUSE
BOROUGH CLERK