9 February 2009 - Regular Meeting

Agenda at Meeting

(click here for the Agenda e-mailed to Council members - 8:49 am Monday, 9 February, 2009)

(Mark's Comments / Annotations are in Red)

  1. CALL TO ORDER - PUBLIC MEETING STATEMENT (7:30 pm)

  2. PLEDGE - SILENT PRAYER

  3. ROLL CALL (X = present; blank = absent.)

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

X

X

X

X

X

X

 X

  1. PUBLIC HEARING for ordinances

    1. ORDINANCE 09-05 Authorizing financing of redevelopment project

Borough Solicitor Tim Higgins listed the properties that are correctly listed in Ordinance 09-05. He stated that no other properties should be in the ordinance.

Ms. Gail Ford:

    1.    Representative of Merchantville Taxpayer's League for over 20 years

                - Read statement from League

                - Personally dismayed by Frank North's letter

                - She listed her personal activities in town [it was a long list - MAB]

Ms. Alice Diamond:

    1.    What are extra costs mentioned in the bond ordinance?

            Mayor North: these are "soft costs," plus Parking Study recommendations

                - May buy Bell Atlantic property

                - Bond will act as a bridge loan which will be refinanced soon

    2.    What money is applied to this from Maple-Chapel?

            Mayor North & Solicitor Higgins: $60,000. Other was used to pay down Maple-Chapel bond.

    3.    What about school taxes?

            Mayor North: Borough and School taxes are included in planned costs.

Mr. Bob Disch:

    1.    Read the blurb on the website about the Taxpayer's League

                - League deserves an apology

Mr. Tom Evaul:

    1.    Is there a contract in place for a restaurant?

           Mayor North: Not until state paperwork is taken care of

                - Brewpub people will be investing about $2,100,000 of their own money.

    2.    Can you share information on the lessee with us?

            Mayor North: Not at this time

Ms. Jane Howe:

    1.    Concerned about the loss of taxes

           Mayor North: Settlement will be 4 March 2009

Mr. Tom (did not get last name):

    1.    Supports the project.

Ms. Karen Foster:

    1.    Regarding Return on Investment - What happened with Maple-Chapel?

           Solicitor Higgins: Property acquired by eminent domain for $340,000. It was sold for $375,000.

           Ms. Foster: This is a positive ROI. Supports the PNC Bank project.

           [NOTE: Mr. Higgins' comments did not convey an accurate picture. There was no consideration of lost taxes on the properties seized, nor the legal costs incurred, for example. In fact, the borough did lose money on the property transaction when all costs are considered - MAB]

Mr. Walt Werner:

    1.    Very concerned about project, considering current economy.

           Mayor North: We're trying to keep Merchantville going.

                - He explained parts of the deal.

    2.    Is there any guarantee on this deal with the lessee?

           Mayor North: Essentially yes.

Mr. Kevin Barnett:

    1.    Regarding Maple-Chapel Eminent Domain - what the timeframe there?

           Solicitor Higgins: property acquired in 2005-2007 timeframe; sold in 2008

Ms. Gail Ford:

    1.    Will PNC parking lots be sold?

           Mayor North: RFQ's for TCE have been received [clarification: responses to the RFQ have been received - MAB]

                - expect to sell lots to developer for TCE

    2.    Bank building will be used for a brewpub?

           Mayor North: Yes. Property will be owned by the borough, but will support itself.

    3.    This will be on a long-term lease?

           Mayor North: Yes, 15 years perhaps.

Mr. George Moore:

    1.    Frank North letter on the website was pretty strong.

    2.    With the brewpub - can the agreement be broken?

            Mayor North: That won't happen.

    3.    Why don't the brewpub owners buy the building themselves?

            Mayor North: They can't.

Mr. Dick Leach:

    1.    Received the flyer at his house.

                - Understands what is being tried

                - It should all be aboveboard.

            Mr. Leach was at some TCE meetings

                - Believes things were kept under the table.

    2.    Why can't the brewpub owners buy the building themselves?

            [there was no explanation provided as to why - MAB]

Mr. Tom Evaul:

    1.    Thanks for being forthcoming with so much information

Mr. Alex Muschenko:

    1.    Is in the real estate business

            - What happens if the brewpub declares bankruptcy?

           Mayor North: Situation is like the Lobster Shack

    2.    Has concerns based on the state of the economy

PUBLIC

Mr. Gene DiPasqual:

    1.    Thanks for the townhomes letter

                - The agreement with Conifer is missing the prohibition against group homes

Mr. George Shay:

    1.    Same discussion as Mr DiPasqual raised.

            - Does the state law overrule the borough ordinance?

            There was discussion with Council and solicitor. Solicitor indicated that the ordinance (O08-02) is sufficient to stop Conifer from putting Group Homes into the Chestnut Station Townhomes.

Mr. Tom Evaul:

    1.    Will the omission about Group Homes in the Conifer agreement be corrected?

           Mayor North: No

[I've done some further investigation of this. Contrary to Mr. Higgins assertions, the Ordinance is NOT sufficient to stop Group Homes from going in at Chestnut Station Townhomes. State law generally supersedes local ordinances, and does so in this case. An ordinance prohibiting Conifer from selling a townhome as a group home is invalid. It cannot even stop Conifer from soliciting Group Home buyers.

HOWEVER, placing the prohibition of sale to a Group Home in a contractual agreement with Conifer may have more "teeth" in this case, because if Conifer sold to a Group Home it would then be a breach of contract with the borough. Contract law is a very different animal than Governmental / Municipal law, and in some cases provides different remedies and controls. In either case, we may only be able to prevent Conifer from soliciting Group Home buyers, but not from entertaining unsolicited offers FROM Group Home buyers. MAB]

  1. ENGINEER'S REPORT

  1. APPROVAL OF MINUTES: (none)

  2. CORRESPONDENCE (none)

  3. COUNCIL REPORTS

Mr. Alloway

    Police (download summary)

 

Mr. Brennan

    Fire Department -

        Monthly Fire report - 12 calls, 0 mutual aid

        Drills will be 10 & 17 February

        Three people starting fire school

    Municipal Court -

        Did not obtain data

    Public Events meet every 3rd Monday in Borough Hall

    Communications / Newsletter - will recuse himself during website negotiations

 

Mr.Perno

    OSHA reviewed property

        - Some work required in Borough Hall

        - Repair required on Community Center roof

        - Maintenance required on slate

    Community Development Block Grant

        - missed first meeting

        - Budget based on last year

    Buildings & Grounds

        Parks

            - $175k Bike Trail is a lease arrangement, so we will need a resolution

        Borough Hall -

            PSE&G will maintain our boiler

    Public Works - establishing a recycle bank

 

Mr. Brunton

    Highway Department - January 2009 report

    Licenses - No report available

    Office of Emergency Management - January 2009 report

 

Mr. Waldron:

    Public Events -

        Easter egg hunt in planning

    Shade Tree Commission -

        Community forestry plan complete

    Historical Planning Commission

        - Two applications to consider

        - News Nook completing its project

        - Antique store moving in at 19 N Centre

        - Reviewing HPS ordinance

 

Ms. Fields:

    Personnel

        - Met last Thursday with employees about Personnel Manual

        - Timecard use starting today

    EMS report - 43 calls, No problems reported so far.

    Planning Board - February meeting is cancelled

    Code Enforcement

        24 West End Av has had no movement since being placed on Abandoned Properties list. Proceedings to acquire property will begin

    Ways & Means - Auditors are here.

  1. CLERK'S REPORT

     

    Health benefits meeting held

    Budget meetings start at the next Council meeting

    Attended Environmental Infrastructure Trust  on 6 Feb.

  2. OLD BUSINESS Ordinances for second reading and adoption

     

    Motion to modify properties list as read by Mr. Higgins - passed 6-0.

ORDINANCE 09-05 Authorizing financing of redevelopment project (Y - Yea, N - Nay, A - Abstain. After significant discussion, ordinance adopted.)

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

Y

Y

Y

Y

Y

Y

  

  1. NEW BUSINESS Resolutions to be approved by consent agenda

     

    St. Peters Processions will be April 10, May 3 and June 13. Will be included as a resolution.

  1. RESOLUTION 09-29 Helo Telecommunication for Police jail

  2. RESOLUTION 09-30 Camden County Co-op for Office Basics

  3. RESOLUTION 09-31 Refund tax overpayments

  4. RESOLUTION 09-32 Authorize the Borough to go out to bid for towing

  5. RESOLUTION 09-33 2009 Temporary Capital Budget

  6. RESOLUTION 09-35 2009 Support resolution for bikeway - added at meeting

ONE WEST MAPLE AVENUE, MERCHANTVILLE, NJ 08109

(856) 662-2474

WWWMERCHANTVILLENJ.COM

[PAGE 2]

 

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

Y

Y

Y

Y

Y

Y

  

F. FINANCIAL REPORTS

  1. RESOLUTION 09-34 PAYMENT OF BILLS

Alloway

Brennan

Perno

Brunton

Waldron

Fields

North

Y

Y

Y

Y

Y

Y

  

  1. ANNOUNCEMENTS (none)

  2. PRIVATE SESSION (none)

  3. ADJOURNMENT (9:46 pm)

AGENDA IS SUBJECT TO CHANGE