Board of Commissioners

BORDENTOWN, NEW JERSEY APRIL 10, 2023 The regular meeting of the Board of Commissioners was held at the Carslake Community Center on the above date at 7:00 PM and broadcast using the ZOOM Virtual Platform available to members of the public. The meeting was called to order by Mayor Jennifer L. Sciortino. The meeting was opened with a prayer by City Clerk Grace I. Archer followed by the Pledge of Allegiance. The City Clerk read the Sunshine Notice as follows: This meeting is being held in accordance with the provisions of the Open Public Meetings Act. Adequate public notice of this meeting has been given by the City Clerk of the City of Bordentown in the following manner: 1. Posting written notice of the time, date, and place on the official bulletin board at the Bordentown City Hall, 101 E. Park Street, Bordentown, New Jersey on January 11, 2023. 2. Electronic Submission and Mailing written notice of the time, date and place to The Times of Trenton and The Burlington County Times on January 11, 2023, and duly advertised in The Burlington County Times on January 13, 2023. 3. Notice of information and official meeting links to be published on the City’s official website for the Zoom Virtual format was included with the legal advertisement in The Burlington County Times on January 13, 2023. 4. Filing written notice with the Clerk of the City of Bordentown on January 11, 2023. The following named Commissioners answered the roll call: Mayor Jennifer L. Sciortino, Deputy Mayor Joseph D. Myers and Commissioner James E. Lynch, Jr. Commissioner Lynch moved the approval of the minutes of the Commission Meeting March 13, 2023, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. COMMUNICATIONS The City Clerk presented the following communication: 1. Request from Deana Stroebel to have the Annual 500 Block of Prince Street Block Party on Friday, June 23, 2023 (rain date June 30) between the hours of 3 :00PM and 10:00PM with a road closure at the intersections of Prince and Chestnut Street and Prince and W. Union Street. 2. Request from Justin Lee to host Hilltop Concerts at Hilltop Park, Sunday nights on May 28, June 25, July 30, and August 27, 2023. 3. Application for Raffle License from Knights of Columbus Council #570: Off Premise 50/50 Raffle w/Drawing on July 10, 2023 @ 8:00pm. 1. Emails from Leon Stanley of Bordentown Creative Arts and Debra Skipper of Myrtle Avenue who will be one of many residents hosting musicians for the 2 nd Annual Porch Music Fest, requesting the closure of Myrtle Avenue between E. Union Street and E. Burlington Street on Saturday, May 6, 2023 (rain date May 7 th) between the hours of 12pm – 5pm to allow for visitors and guests to enjoy the music and for those who may wish to dance in the street. Commissioner Lynch moved the approval of the communications, seconded by Mayor Sciortino. Motion carried. MAYOR SCIORTINO, DIRECTOR OF REVENUE AND FINANCE Mayor Sciortino, Director of Revenue and Finance presented the following Proclamation: CITY OF BORDENTOWN NEW JERSEY Child Abuse Prevention and Awareness Month WHEREAS, children are vital to our state’s future success, prosperity and quality of life as well as being our most vulnerable assets; and WHEREAS, all children deserve to have safe, stable, nurturing homes and communities they need to foster their healthy growth and development; and WHEREAS, child abuse and neglect are a community responsibility affecting both the current and future quality of life of a community; and WHEREAS, communities that provide parents with the social support, knowledge of parenting and child development and concrete resources they need to cope with stress and nurture their children ensure all children grow to their full potential; and WHEREAS, effective child abuse prevention strategies succeed because of partnerships created among citizens, human service agencies, schools, faith agencies, and the business community. NOW, THEREFORE, BE IT RESOLVED this 10th day of April 2023 that I, Jennifer L. Sciortino, Mayor of the City of Bordentown, in recognition of the social problems of child abuse and neglect do hereby join with my fellow Commissioners, Deputy Mayor Joe Myers and Commissioner James E. Lynch, Jr., in declaring the month of April 2023 as Child Abuse Prevention and Awareness Month and call upon all residents, community agencies, faith groups, medical facilities, elected leaders, and businesses to increase their participation in our efforts to support families, thereby preventing child abuse and strengthening the communities in which we live. Mayor Sciortino read the Treasurer’s Report for the month ending March 31, 2023, as follows: Mayor Sciortino read the Tax Collector’s Report for the month ending March 31, 2022, as follows: Commission Meeting April 10, 2023 2  Mayor Sciortino presented Resolution 2023-052 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-052 INTRODUCTION OF 2023 MUNICIPAL BUDGET MUNICIPAL BUDGET OF THE CITY OF BORDENTOWN COUNTY OF BURLINGTON FOR THE CALENDAR YEAR 2023 BE IT RESOLVED that the following statements of revenues and appropriations shall constitute the Municipal Budget for the year 2023; BE IT FURTHER RESOLVED that the said Budget be published in the Burlington County Times in the issue of April 14, 2023; The Governing Body of the City of Bordentown does hereby approve the following as the Budget for the year 2023. (Sciortino ( ( RECORDED VOTE: Ayes (Myers Nays ( Abstain ( (Lynch ( ( Notice is hereby given that the Budget and Tax Resolution was approved by the Governing Body of the City of Bordentown, County of Burlington, on April 10, 2023. A Hearing on the Budget and Tax Resolution will be held at Carslake Community Center, 207 Crosswicks Street, Bordentown, New Jersey on May 8, 2023 at 7:00 P.M., at which time and place objections to said Budget and Tax Resolution for the year 2023 may be presented by taxpayers or other interested persons. Mayor Sciortino moved the adoption and approval of Resolution 2023-042, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. The Budget document will be available on the City website and a link will be posted on the City’s Facebook page for residents who wish to look at the document; copies are also available at the City Clerk’s Office at no cost. Commission Meeting April 10, 2023 3 Commission Meeting April 10, 2023 4 Commission Meeting April 10, 2023 5 Commission Meeting April 10, 2023 6 Commission Meeting April 10, 2023 7 Commission Meeting April 10, 2023 8 Commission Meeting April 10, 2023 9 Commission Meeting April 10, 2023 10 Commission Meeting April 10, 2023 11 Commission Meeting April 10, 2023 12 Commission Meeting April 10, 2023 13 Commission Meeting April 10, 2023 14 Commission Meeting April 10, 2023 15 Commission Meeting April 10, 2023 16 Commission Meeting April 10, 2023 17 Commission Meeting April 10, 2023 18 Commission Meeting April 10, 2023 19 Commission Meeting April 10, 2023 20 Commission Meeting April 10, 2023 21 Commission Meeting April 10, 2023 22 Commission Meeting April 10, 2023 23 Commission Meeting April 10, 2023 24 Commission Meeting April 10, 2023 25 Commission Meeting April 10, 2023 26  Mayor Sciortino presented Resolution 2023-053 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-053 RESOLUTION APPROVING THE PAYMENT OF BILLS BE IT RESOLVED this 10th day of April 2023 that the following purchases, contracts or agreements for the performance of any work or the furnishing or hiring of materials or supplies, which have either been awarded after competitive bidding, or are exempt from competitive bidding, or the cost or price of which, together with any other sums expended for the performance of any work or services in connection with the same immediate program, undertaking, activity or project, or the furnishing of similar materials or supplies during the same fiscal year paid with or out of public funds which does not or will not exceed the total sum of $44,000 in the current fiscal year, or in the case of purchases that are not annually recurring, in a period of one (1) year, be and the same are hereby approved for payment by the City of Bordentown. Commission Meeting April 10, 2023 27 Commission Meeting April 10, 2023 28  Mayor Sciortino moved the adoption and approval of Resolution 2023-053, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-054 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-054 A RESOLUTION OF THE CITY OF BORDENTOWN, RECOGNIZING NJ LOCAL GOVERNMENT WEEK, APRIL 19 – 26, 2023, AND ENCOURAGING ALL CITIZENS TO SUPPORT THE CELEBRATION AND CORRESPONDING ACTIVITIES WHEREAS, local government is the government closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, local government provides services and programs that enhance the quality of life for residents, making their municipality their home; and Commission Meeting April 10, 2023 29  WHEREAS, local government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, local government officials and employees share the responsibility to pass along the understanding of public services and their benefits; and WHEREAS, NJ Local Government Week offers an important opportunity for elected officials and local government staff to spread the word to all citizens of New Jersey that they can shape and influence this branch of government; and WHEREAS, the NJ State League of Municipalities and its member municipalities have joined together to teach citizens about municipal government through a variety of activities. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 10 th day of April 2023 as follows: Section 1. That City of Bordentown encourages all citizens, local government officials, and employees to participate in events that recognize and celebrate NJ Local Government Week. Section 2. That City of Bordentown encourages educational partnerships between local government and schools, as well as civic groups and other organizations. Section 3. That City of Bordentown supports and encourages all New Jersey local governments to actively promote and sponsor NJ Local Government Week. Mayor Sciortino moved the adoption and approval of Resolution 2023-054, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino presented Resolution 2023-055 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-055 AUTHORIZING THE CITY OF BORDENTOWN TO EXECUTE AN AGREEMENT WITH BURLINGTON COUNTY FOR COOPERATIVE PARTICIPATION IN THE COMMUNITY DEVELOPMENT ACT OF 1974 FOR FISCAL YEARS 2024 – 2025 – 2026 BE IT RESOLVED AND ENACTED, by the Commissioners of the City of Bordentown, County of Burlington, and State of New Jersey to authorize an Agreement with Burlington County for cooperative participation in the Community Development Act of 1974; and WHEREAS, certain federal funds are available to Burlington County under Title I of the Housing and Community Development Act of 1987, Public Law 93-383, as amended; and WHEREAS, it is necessary to establish a legal basis for the County and its people to benefit from this Program; and WHEREAS, an Agreement has been proposed under which the City of Bordentown and the County of Burlington in cooperation with the other municipalities will establish an Interlocal Services Program pursuant to N.J.S.A. 40:8A-1 et seq., and WHEREAS, it is in the best interest of the City of Bordentown that the Agreement entitled “Agreement between the County of Burlington and certain municipalities located therein for the establishment of a cooperative means of conducting certain community development activities”, a copy of which is on file at the Municipal Clerk’s Office. WHEREAS, the City of Bordentown shall enter into the Agreement with the County of Burlington mentioned with all supplements and agreements thereto. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 10 th day of April 2023 that the Mayor and Clerk are hereby authorized and directed to execute the Agreement on behalf of the City of Bordentown and affix thereunto the Official Seal. BE IT FURTHER RESOLVED, all resolutions or parts of resolutions which are inconsistent herewith are hereby repealed in the extent of their inconsistency. BE IT FURTHER RESOLVED, this Resolution shall take effect immediately after passage and publication as provided by law. Mayor Sciortino moved the adoption and approval of Resolution 2023-055, seconded by Deputy Mayor Myers. Motion carried with all Commissioners present voting in the affirmative. Mayor Sciortino stated the Commissioners are discussing the formation of a working committee to convince the NJ Department of Transportation and NJ Department of Environmental Protection, Historic Trust, that the Farnsworth Avenue railroad bridge does not need replacement but rather repairs which would not negatively affect the downtown business area nor disturb the Veterans’ Memorial. Knowledgeable individuals considered at this point include former Mayor Joe Malone, Neil Sanders, Pierre LaComb, and Matt Pey; the latter three have prepared engineering reports and have expertise in this area. DEPUTY MAYOR MYERS, DIRECTOR OF PUBLIC PROPERTY, STREETS AND WATER Deputy Mayor Myers, Director of Public Property, Streets and Water, presented Resolution 2023-056 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-056 AUTHORIZING EXECUTION OF QUALIFIED PRIVATE COMMUNITY REIMBURSEMENT AGREEMENT WITH KINGS GATE CONDOMINIUM ASSOCIATION WHEREAS, the Municipal Services Act, N.J.S.A. 40:67-23.2 et seq (hereinafter “the Act”) and amendments thereto provides, in pertinent part, that qualified, private communities as defined in the Act are entitled to receive certain municipal services; and WHEREAS, the Municipal Services Law vests the municipality with the authority to determine whether it will provide the mandated services or reimburse for same and permits the Municipality to choose to reimburse for such services or to provide such services from local Budget year to local Budget year; and Commission Meeting April 10, 2023 30  WHEREAS, the Act further provides that in lieu of providing such Municipal services to the Association, the Municipality shall have the option to financially reimburse the Association in an amount not to exceed the cost that would be incurred by the Municipality in providing said services directly; and WHEREAS, pursuant to N.J.S.A. 40:67-23.2 et seq Bordentown City and the Kings Gate Condominium Association have mutually and freely agreed to the providing of reimbursement in certain areas and to the providing of services in other areas and in the trading of certain services in return for other consideration as more fully described in the Qualified Private Community Reimbursement Agreement attached hereto and made a part hereof; and WHEREAS, the current three-year reimbursement Agreement had expired December 31, 2022, and the Board of Commissioners of the City of Bordentown and members of the Kings Gate Condominium Association renegotiated and wish to enter into a three-year reimbursement Agreement; WHEREAS, the Board of Commissioners and the Kings Gate Condominium Association have settled on a new three-year Agreement with an effective date of January 1, 2023, and set expiration date of December 31, 2025. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown that the Mayor and City Clerk be and are hereby authorized to execute the Qualified Private Community Reimbursement Agreement between the City of Bordentown and Kings Gate Condominium Association pursuant to N.J.S.A. 40:67-23.2 et seq. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-056, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-0057 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-057 BE IT RESOLVED this 10th day, of April 2023, by the Board of Commissioners of the City of Bordentown that the following final change order be and the same is hereby approved and authorized: CONTRACT FY’ 2017 NJDOT Trust Fund Resurfacing of E. Burlington Street CHANGE ORDER NO. Final - Change Order No. 1 CONTRACTOR Mathis Construction Company 1510 Route 539, Suite 1 Little Egg Harbor NJ 08087 AMOUNT OF ORIGINAL CONTRACT $ 655,374.42 AMOUNT OF CHANGE ORDER Increase: $ 60,602.44 TOTAL AMOUNT OF CONTRACT TO DATE $ 715,976.86 REASON FOR CHANGE ORDER Increase in the Final adjustment of AS-BUILT quantities. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-057, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-058 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-058 RESOLUTION OF THE CITY OF BORDENTOWN, IN THE COUNTY OF BURLINGTON, STATE OF NEW JERSEY RELEASING THE 2% RETAINAGE WITH FINAL CERTIFICATE PAYMENT #7 TO MATHIS CONSTRUCTION COMPANY IN CONNECTION WITH THE WATERMAIN UPGRADES & FY’ 2017 NJDOT RESURFACING PROJECT OF E. BURLINGTON STREET WHEREAS, the City of Bordentown (the “City”) has caused an inspection to be made of the Watermain Upgrades and FY’ 2017 NJDOT Resurfacing of E. Burlington Street, NJ DOT Trust Fund Grant Program (the “Improvements”) constructed by Mathis Construction Company (the “Developer”) for the City; and WHEREAS, the engineer to the City has recommended the release of the Final Certificate Payment #7 and the associated 2% retainage for the Improvements constructed. NOW, THEREFORE, BE IT RESOLVED this 10th day of April 2023 by the Board of Commissioners of the City of Bordentown, in the County of Burlington, State of New Jersey as follows: 1. The release of the associated 2% retainage in the amount of $13,387.28 as a portion of the Final Certificate Payment #7 to Mathis Construction Company is hereby authorized. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-058, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-059 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-059 AUTHORIZE AND APPROVE THE SUBMISSION OF A GRANT APPLICATION AND EXECUTE A GRANT CONTRACT WITH THE NEW JERSEY DEPARTMENT OF TRANSPORTATION LOCAL PROJECTS FUND FOR THE PARK STREET (COUNTY ROUTE 662) ACCESS IMPROVEMENTS NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of the City of Bordentown, County of Burlington, and State of New Jersey formally approves the grant application for the above stated project. Commission Meeting April 10, 2023 31  BE IT FURTHER RESOLVED that the Deputy Mayor and Clerk are hereby authorized to submit an electronic grant application to the New Jersey Department of Transportation through the NJDOT SAGE system on behalf of the City of Bordentown. BE IT FURTHER RESOLVED that the Deputy Mayor and Clerk are hereby authorized to sign the grant agreement on behalf of the City of Bordentown and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-059, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-060 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-060 AWARD OF CONTRACT FOR 2023 WATER MAIN IMPROVEMENTS FOR MYRTLE & LEYDEN AVENUES, CARPENTER, BORDEN & HOPKINSON STREETS TO M.S.P. CONSTRUCTION CORPORATION IN AN AMOUNT NOT TO EXCEED $ 412,098.88 WHEREAS, the City of Bordentown duly advertised on March 20, 2023, according to the law for bids for 2023 Water Main Improvements on Myrtle & Leyden Avenues, Carpenter, Borden & Hopkinson Streets within the City; and WHEREAS, (7) bids were received, opened, and announced by Remington & Vernick Engineers at the City Municipal Complex at 101 E Park Street, Bordentown NJ 08505 on April 6th, 2023; and WHEREAS, Remington & Vernick Engineers have tabulated the bids received on April 6 th, 2023, and find the apparent low bidder as M.S.P. Construction Corporation bids as follows: Contractor Address Bid Amount M.S.P. Construction Corp. 19-B Minneakoning Road, Flemington, NJ $412,098.88 P.M. Construction Corp. 1310 Central Ave, Hillside, NJ 07205 $601,858.00 South State, Inc. 202 Reeves Road, Bridgeton, NJ 08302 $611,574.50 Earle Asphalt Company 1800 Rt. 34, Bldg. 2 Ste 205, Wall, NJ 07719 $620,113.13 J.F. Kiely Construction, Co. 1 Radar Way, Tinton Falls, NJ 07724 $624,670.00 JVS Industrial & Comm. 154 Silver Lark Ave., Edison, NJ 08817 $662,082.83 Mount Construction Co., Inc. 427 South White Horse Pike, Berlin, NJ 08009 $829,095.00 WHEREAS, M.S.P. Construction Corp., 19-B Minneakoning Road, Flemington, NJ 08822 is the lowest responsible bidder with a Base Bid in the amount of $ 412,098.88 and such bid package is in compliance with the bid specifications as prepared by Remington & Vernick Engineers; and WHEREAS, the City Engineer and Chief Financial Officer of the City do hereby recommend the awarding of this contract through the open competitive bidding process consistent with N.J.S.A. 40A:11-1 et seq to M.S.P. Construction Corporation; and WHEREAS, funds are available for this purpose. NOW, THEREFORE, BE IT RESOLVED this 10th day of April 2023 by the Board of Commissioners of the City of Bordentown that it does hereby award a contract for the 2023 Water Main Improvements on Myrtle & Leyden Avenues, Carpenter, Borden & Hopkinson Streets within the City to M.S.P. Construction Corporation. BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized and directed to execute any and all contracts and related documents with M.S.P. Construction Corporation necessary to award and complete the Contract. All contracts and related documents necessary to award and complete the award of the contract should be in a form acceptable to the City Solicitor. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-060, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Deputy Mayor Myers presented Resolution 2023-061 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-061 RESOLUTION OF THE CITY OF BORDENTOWN, IN THE COUNTY OF BURLINGTON, NEW JERSEY, DETERMINING THE FORM AND OTHER DETAILS OF ITS “NOTE RELATING TO THE CONSTRUCTION FINANCING PROGRAM OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST”, TO BE ISSUED IN THE PRINCIPAL AMOUNT OF UP TO $2,667,570, AND PROVIDING FOR THE ISSUANCE AND SALE OF SUCH NOTE TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, AND AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH NOTE BY THE CITY OF BORDENTOWN IN FAVOR OF THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST, ALL PURSUANT TO THE NEW JERSEY ENVIRONMENTAL INFRASTRUCTURE TRUST CONSTRUCTION FINANCING PROGRAM. WHEREAS, the City of Bordentown (the “Local Unit”), in the County of Burlington, New Jersey, has determined that there exists a need within the Local Unit to acquire, construct, renovate or install a project consisting of the replacement of approximately 5,690 flow meters for water supply to residential and commercial properties serviced by Bordentown City (the “Project”), and it is the desire of the Local Unit to obtain financing for such Project through participation in the environmental infrastructure financing program (the “Environmental Infrastructure Financing Program”) of the New Jersey Environmental Infrastructure Trust (the “Trust”); WHEREAS, the Local Unit has determined to temporarily finance the acquisition, construction, renovation, or installation of the Project prior to the closing with respect to the Environmental Infrastructure Financing Program, and to undertake such temporary financing with the proceeds of a short-term loan to be made by the Trust (the “Construction Loan”) Commission Meeting April 10, 2023 32 to the Local Unit, pursuant to the Construction Financing Program of the Trust (the “Construction Financing Program”); WHEREAS, in order to (i) evidence and secure the repayment obligation of the Local Unit to the Trust with respect to the Construction Loan and (ii) satisfy the requirements of the Construction Financing Program, it is the desire of the Local Unit to issue and sell to the Trust the “Note Relating to the Construction Financing Program of the New Jersey Environmental Infrastructure Trust” in an aggregate principal amount of up to $2,667,570 (the “Note”); WHEREAS, it is the desire of the Local Unit to authorize, execute, attest, and deliver the Note to the Trust pursuant to the terms of the Local Bond Law of the State of New Jersey, constituting Chapter 2 of Title 40A of the Revised Statutes of the State of New Jersey (the “Local Bond Law”), and other applicable law; and WHEREAS, Section 28 of the Local Bond Law allows for the sale of the Note to the Trust, without any public offering, and N.J.S.A. 58:11B-9 allows for the sale of the Note to the Trust without any public offering, all under the terms and conditions set forth therein. Section 1. In accordance with Section 28 of the Local Bond Law and N.J.S.A. 58:11B-9, the City of Bordentown hereby authorizes the issuance, sale and award the Note in accordance with the provisions hereof. The obligation represented by the Note has been appropriated and authorized by bond Ordinance #2020-09 of the City of Bordentown , which bond ordinance is entitled “AN ORDINANCE OF THE CITY OF BORDENTOWN, IN THE COUNTY OF BURLINGTON, NEW JERSEY, PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND RELATED EXPENSES IN AND FOR THE CITY WATER SYSTEM, APPROPRIATING $4,900,000 THEREFOR, AND AUTHORIZING THE ISSUANCE OF $4,900,000 IN WATER UTILITY BONDS OR NOTES OF THE CITY TO FINANCE THE SAME” and was finally adopted by the City of Bordentown at a meeting duly called and held on September 29, 2020 as supplemented by bond Ordinance 2021-04 of the Local Unit, which bond ordinance is entitled “AN ORDINANCE AMENDING AND SUPPLEMENTING A BOND ORDINANCE OF THE CITY OF BORDENTOWN, FINALLY ADOPTED ON SEPTEMBER 29, 2020 ENTITLED “AN ORDINANCE OF THE CITY OF BORDENTOWN, IN THE COUNTY OF BURLINGTON, NEW JERSEY, PROVIDING FOR VARIOUS CAPITAL IMPROVEMENTS AND RELATED EXPENSES IN AND OR THE CITY WATER SYSTEM, APPROPRIATING $4,900,000 THEREFORE, AND AUTHORIZING THE ISSUANCE OF $4,900,000 IN WATER UTILITY BONDS OR NOTES OF THE CITY TO FINANCE THE SAME” and was finally adopted by the City of Bordentown at a meeting duly called and held on February 23, 2021, and at which time for each ordinance a quorum was present and acted throughout, all pursuant to the terms of the Local Bond Law and other applicable law. Section 2. The Chief Financial Officer of the City of Bordentown (the “Chief Financial Officer”) is hereby authorized to determine, in accordance with the Local Bond Law and pursuant to the terms and conditions hereof, (i) the final principal amount of the Note (subject to the maximum limitation set forth in Section 4(a) hereof), and (ii) the dated date of the Note. Section 3. Any determination made by the Chief Financial Officer pursuant to the terms hereof shall be conclusively evidenced by the execution and attestation of the Note by the parties authorized pursuant to Section 4(h) hereof. Section 4. The City of Bordentown hereby determines that certain terms of the Note shall be as follows: (a) the principal amount of the Note to be issued shall be an amount up to $2,667,570; (b) the maturity of the Note shall be as determined by the Trust; (c) the interest rate of the Note shall be as determined by the Trust; (d) the purchase price for the Note shall be par; (e) the Note shall be subject to prepayment prior to its stated maturity in accordance with the terms and conditions of the Note; (f) the Note shall be issued in a single denomination and shall be numbered “CFP-__-__” as may be determined by the Local Unit’s bond counsel in consultation with bond counsel to the Trust; (g) the Note shall be issued in fully registered form and shall be payable to the registered owner thereof as to both principal and interest in lawful money of the United States of America; and (h) the Note shall be executed by the manual or facsimile signatures of the Mayor and the Chief Financial Officer under official seal or facsimile thereof affixed, printed, engraved, or reproduced thereon and attested by the manual signature of the City Clerk. Section 5. The Note shall be substantially in the form attached hereto as Exhibit A. Section 6. The law firm of Malamut and Associates, LLC is hereby authorized to arrange for the printing of the Note, which law firm may authorize McCarter & English, LLP, bond counsel to the Trust for the Construction Financing Program, to arrange for same. Section 7. The Authorized Officers of the City of Bordentown are hereby further severally authorized to (i) execute and deliver, and the City Clerk is hereby further authorized to attest to such execution and to affix the corporate seal of the City of Bordentown to, any document, instrument or closing certificate deemed necessary, desirable or convenient by the Authorized Officers or the Secretary of the Local Unit, as applicable, in their respective sole discretion, after consultation with counsel and any advisors to the City of Bordentown and after further consultation with the Trust and its representatives, agents, counsel and advisors, to be executed in connection with the issuance and sale of the Note and the participation of the City of Bordentown in the Construction Financing Program, which determination shall be conclusively evidenced by the execution of each such certificate or other document by the party authorized hereunder to execute such certificate or other document, and (ii) perform such other actions as the Authorized Officers deem necessary, desirable or convenient in relation to the execution and delivery of the Note and the participation of the City of Bordentown in the Construction Financing Program. Section 8. This resolution shall take effect immediately. Section 9. Upon the adoption hereof, the City Clerk shall forward certified copies of this resolution to Thomas Hastie, Esq., Malamut and Associates, LLC, bond counsel to the Local Unit, David Zimmer, Executive Director of the Trust, and Richard T. Nolan, Esq., McCarter & English, LLP, bond counsel to the Trust. Deputy Mayor Myers moved the adoption and approval of Resolution 2023-061, seconded by Commissioner Lynch. Motion carried with all Commissioners present voting in the affirmative. Commission Meeting April 10, 2023 33  Deputy Mayor Myers presented Ordinance 2023-05 Amending And Supplementing Chapter 157 Of The Code Of The City Of Bordentown Entitled, “Farmers’ Market” for Second Reading and Hearing. Mayor Sciortino opened the Hearing on Ordinance 2023-05 for public comment. Hearing no questions or comments from the public, Mayor Sciortino closed the Hearing for Ordinance 2023-05. Deputy Mayor Myers moved the adoption of Ordinance 2023-05 on Second Reading and Hearing, seconded by Commissioner Lynch. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Deputy Mayor Myers presented Ordinance 2023-06 An Ordinance Amending Portions Of The City Of Bordentown Code To Reflect The Updated Facility Use Policies For Old City Hall for First Reading. Second Reading and Hearing will be held on May 8, 2023. Deputy Mayor Myers moved the approval of Ordinance 2023-06 on First Reading, seconded by Commissioner Lynch. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Deputy Mayor Myers presented Ordinance 2023-07 An Ordinance Of The City Of Bordentown, In The County Of Burlington, New Jersey, Providing For Various Capital Improvements And Related Expenses In And For The City, Appropriating $600,795 Therefor, And Authorizing The Issuance Of $375,875 In General Improvement Bonds Or Notes Of The City To Finance The Same for First Reading. Second Reading and Hearing will be held on May 8, 2023. Deputy Mayor Myers moved the approval of Ordinance 2023-07 on First Reading, seconded by Mayor Sciortino. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Deputy Mayor Myers commented on the following:  Thanked the Shade Tree Committee and those who helped with the tree planting that took place this past weekend.  Saturday, April 22, 2023, Park Clean Up from 8:30AM – 1:00PM at Lime Kiln Alley  Deputy Mayor Myers acknowledged that John Walls, recently retired from the City, was present at tonight’s meeting. He took this opportunity to thank John for his over 32 years of service complimenting him on being “a book of knowledge” when it comes to the water; praising him for his leadership and dedication to the Water Utility Plant and working diligently with his colleagues addressing any situation with the water and finding a resolution. COMMISSIONER LYNCH, DIRECTOR OF PUBLIC SAFETY AND AFFAIRS Commissioner Lynch, Director of Public Safety and Affairs, gave the Police Report detailing the activities of the Department from March 11 to April 5, 2023. Commissioner Lynch moved the approval of a Blue Light Permit Application for: John Rodriguez, Jr. & Isaac Acosta (Consolidated Fire Assoc.), seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Resolution 2023-062 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-062 WHEREAS, on the 10th day of April 2023, the Board of Commissioners of the City of Bordentown, County of Burlington, and State of New Jersey, held a public hearing on the application of William F. Powell Square Club, 19 Park Street, Bordentown, NJ 08505 for a new club liquor license; and WHEREAS, a club liquor license can be issued by a municipality to a corporation, association or organization that is non-profit and operating for benevolent, charitable, fraternal, social, religious, recreational, athletic, or similar purposes; and WHEREAS, an applicant for a new club liquor license must also comply with all of the conditions that the Director of the New Jersey Division of Alcohol Beverage Control has established by rules and regulations in accord with N.J.A.C. 13:2-8 and N.J.S.A. 33:1-12; and WHEREAS, the City Clerk has received, reviewed, and confirmed that the twelve-page application and accompanying documents establishes the William F. Powell Square Club as a bona fide recreational, charitable, and social club with its premises located within the boundaries of the City of Bordentown for a period of three (3) years or longer and having more than 60 voting members. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown, acting within its jurisdiction as the local licensing authority, does hereby approve and authorize the issuance of a new club liquor license for the William F. Powell Square Club, 19 Park Street, Bordentown, NJ 08505. Commissioner Lynch moved the adoption and approval of Resolution 2023-062, seconded by Deputy Mayor Myers. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Commission Meeting April 10, 2023 34  Commissioner Lynch presented Resolution 2023-063 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-063 AUTHORIZE EXECUTION OF AUTHORIZATION FOR AERIAL MOSQUITO CONTROL BETWEEN THE CITY OF BORDENTOWN AND THE BURLINGTON COUNTY DEPARTMENT OF PUBLIC WORKS DIVISION OF MOSQUITO CONTROL WHEREAS, it is in the best interests of the residents of Bordentown City that the mosquito population be controlled in order to allow for the quiet and peaceful enjoyment of the City by its residents; and WHEREAS, the Burlington County Department of Public Works – Division of Mosquito Control provides aerial spraying services to Burlington County municipalities; and WHEREAS, the Burlington County Department of Public Works – Division of Mosquito Control has assured the City that all spraying work is performed in accord with FAA regulations and that central communications, and thereby the Bordentown City Police Department, shall be notified in advance of all planned flights, and that no such flights are to be conducted on Sundays or holidays. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the City of Bordentown this 10 th day of April 2023 that the Mayor and/or designee is hereby authorized to execute the “Authorization For Aerial Mosquito Control” on behalf of the City of Bordentown, and in favor of the Burlington County Department of Public Works – Division of Mosquito Control. Commissioner Lynch moved the adoption and approval of Resolution 2023-063, seconded by Mayor Sciortino. Motion carried with all Commissioners present voting in the affirmative. Commissioner Lynch presented Ordinance 2023-04 An Ordinance Repealing, Replacing, And Amending Portions Of Chapter 216 Of The Code Of The City Of Bordentown Concerning Vacant And Abandoned Properties for Second Reading and Hearing. Mayor Sciortino opened the Hearing on Ordinance 2023-04 for public comment. Hearing no questions or comments from the public, Mayor Sciortino closed the Hearing for Ordinance 2023-04. Commissioner Lynch moved the adoption of Ordinance 2023-04 on Second Reading and Hearing, seconded by Deputy Mayor Myers. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Commissioner Lynch presented Ordinance 2023-08 Ordinance Establishing Municipal Construction Code Enforcement Agency, Creating A New Chapter 245 To The Bordentown City Code for First Reading. Second Reading and Hearing will be held on May 08, 2023. Commissioner Lynch moved the approval of Ordinance 2022-08 on First Reading, seconded by Mayor Sciortino. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Commissioner Lynch presented Resolution 2023-064 for adoption and approval as follows: CITY OF BORDENTOWN RESOLUTION 2023-064 RESOLUTION AUTHORIZING A SHARED SERVICES AGREEMENT WITH THE TOWNSHIP OF BORDENTOWN FOR THE PROVISION OF EMERGENCY MEDICAL SERVICES WHEREAS, the “Uniform Shared Services and Consolidation Act,” N.J.S.A. 40A:65-1 et seq., allows municipalities to enter into agreements with other municipalities to provide or receive any service that each municipality participating in the agreement is empowered to provide or receive within its own jurisdiction; and WHEREAS, N.J.S.A. 40A:65-1, also authorizes and encourages local units, including municipalities, to enter into local contracts for services performed by local units in accordance with the law as a means of providing efficiencies in services; and WHEREAS, the City of Bordentown (“City”) and the Township of Bordentown (“Township”) are party to a 2009 Shared Service Agreement for emergency medical services (attached hereto); and WHEREAS, the Township and City have discussed heading in a potential new direction regarding EMS services, due to steadily increasing costs; and WHEREAS, the Township advertised a Request for Proposals (“RFPs”) and, pursuant to same awarded Robert Wood Johnson Barnabas Health (“RWJ/BH”) EMS the contract for the provision of emergency medical services; and WHEREAS, this RWJ/BH proposal would also include services for the City and its residents, with the ambulance to be garaged in the City; and WHEREAS, on March 27, 2023, the Township adopted Resolution #2023-62, entitled “Resolution Authorizing and Approving a Shared Services Agreement for Emergency Medical Services Between the Township of Bordentown and the City of Bordentown,” which authorized the execution of the Shared Services Agreement with the City; and Commission Meeting April 10, 2023 35  WHEREAS, also on March 27, 2023, the Township adopted Resolution #2023-63, entitled “Resolution Authorizing an Agreement with RWJ Barnabas Health EMS for Emergency Medical Services,” which authorized execution of the agreement between RWJ/BH and the Township; and WHEREAS, the Board of Commissioners of the City of Bordentown believe it is in the City’s best interest to enter into a new shared services agreement with the Township for the provision of emergency medical services to the entire Bordentown community, through the Township’s Agreement with RWJ/BH. NOW, THEREFORE, BE IT RESOLVED this 10th day of April 2023 by the Board of Commissioners of the City of Bordentown, that: 1. The Mayor and City Clerk are hereby authorized to execute the Shared Services Agreement attached hereto. 2. In accordance with the Uniform Shared Services and Consolidation Act, N.J.S.A. 40A:65-4(b), a copy of the fully executed SSA shall be filed with the Division of Local Government Services, Department of Community Affairs. 3. This resolution shall take effect immediately upon adoption by the Board of Commissioners of the City of Bordentown. Commissioner Lynch acknowledged there were multiple Bordentown EMS representatives in the audience and stated that he understands the frustration everyone is going through. Deputy Mayor Myers approached the City Admin/ Chief Financial Officer, Margaret M. Peak asking her if it was feasible for the city to run its own Emergency Medical Services, she replied with this year’s budget as tight as it is we do not have the funds. In response to various questions and comments from members of the audience, Commissioner Lynch made the following points:  Reviewed the EMS financial needs, acknowledged personnel shortage.  Has met with the Township and gone over various scenarios to address the EMS problem to find a way to keep it local and not privatize.  Suggests a “working group” to oversee the 1st year of the Agreement with RWJ/BH  Addressed whether the City can afford it on its own or would it bankrupt the City; Mayor Sciortino added it was not the ideal choice financially.  Responded that the ambulance would be on location for football games, an ambulance would be in the City 24/7, there would be a choice of hospitals to be taken to for treatment and a committee would be formed to explore other options; all in response to questions posed by Deputy Mayor Myers  Encouraged current EMS fulltime and parttime to apply for positions with EMS at job fair being held by RWJ/BH this coming Friday and following week. There continued the discussion of the privatization of the EMS program with objections being voiced by several individuals, sometimes accusatory and heated which led to emotional defense of the use of one’s tone of voice and being disrespectful toward members of the governing body. The Commissioners continued to entertain questions and comments responding remarks as noted:  Cost of the EMS under new agreement; 70/30 split of $135,000 – Township/City  Cost in 2019 $119,000 shortage; 2023 estimated $156,000 w/o Agreement.  Agreement needed approval tonight; cannot be tabled, there are no new discussion points.  Ambulance at football games and if there is no ambulance, game stops; ambulance will be onsite.  Will ambulance be at community events? Choice of facility? Ambulance would be at events; there are choices; noted that 45% of calls went to RWJ/BH  Fees? Insurance pays, no balance billing  Will the Police respond to 9-1-1 calls? Yes, no change.  One year Agreement, optional two and three year; working group to review.  Emotional topic with concerns about response time; Mutual aid from surrounding municipalities if ambulance unavailable.  After Agreement signed, 120-day transition; Contract with RWJ/BH available once fully executed.  Referendum to exceed 2% CAP? Not an option, City cannot afford financially.  What happens to ambulance? City owned remains with City; if EMS Program went to City, new ambulance would be necessary.  Contract not available to public as it is still “deliberating form” and ties to Shared Service Agreement with Township  Working group to include township residents. City resident, Vincent Schino Jr. thanked everyone for all they are doing; stating he can see that this has been an emotional subject and encouraged everyone to trust the elected officials and pay close attention to the Township. At this time, the City Clerk called for a motion on Resolution 2023-064 and Commissioner Lynch moved the adoption and approval of Resolution 2023-064, seconded by Mayor Sciortino. } Jennifer L. Sciortino Nays} Roll Call: Ayes} Joseph D. Myers Abstain} } James E. Lynch, Jr. Absent} Cathy Elliot Shaw asked about the possibility of a sidewalk to be placed on Park Street or maybe the NJ Transportation Bus stop could be moved to where there is a sidewalk on Park Street. Deputy Myers commented that would be taken into consideration as it makes perfect sense. John Hill of Crosswicks Street asked if there was anything new on the Clare Estates; Mayor Sciortino said they have not heard from them since the last meeting. Commission Meeting April 10, 2023 36  Dan Aubrey informed the Commissioners and public that on Wednesday, April 12, a presentation by author Richard K. Rein would take place at the Old City Hall at 6:00pm. Mr. Rein is critically acclaimed for his book on William H. Whyte, "American Urbanism" and encouraged everyone to attend. City resident Jim Brimmer inquired whether the Clae Estates was trying to pull a “fast one” to which Mayor Sciortino and Commissioner Lynch responded in the negative. An inquiry was made regarding the Oliver Street Park and Deputy Mayor Myers commented that we are looking into the possibility of making it into a park, not sure what type of park at this time, but it will be a 12-month process. Hearing no further questions or comments from the public, Mayor Sciortino closed the public portion of the meeting. With no further business to conduct, Mayor Sciortino moved for adjournment, seconded by Commissioner Lynch. Motion carried. ATTEST: ADJOURNED, Commission Meeting April 10, 2023 37 CITY CLERK COMMISSIONERS Commission Meeting April 10, 2023 38