Borough Council

COUNCIL BUSINESS MEETING December 9, 2020 Page | 1 Mayor Roach called the meeting to order. Sunshine Law - Notice of this meeting has been duly advertised in compliance with the provisions of the open public meetings law. Please be advised that this meeting will be recorded for possible later playback. Flag Salute Roll Call of Council Members Present: DiDomenico, Hess, Jackson, Sinon, Strippoli, and Mayor Roach Excused absence: President Randolph-Sharpe Resolution 2020:186 Executive Session BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the Mayor and Council are now going into closed session to discuss Legal Updates, and Personnel-Contract Negotiations Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that Resolution 2020:186 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. President Randolph-Sharpe has an excused absence from the remainder of the meeting. Motion was made by Councilman Jackson, second by Councilwoman Sinon to go out of executive session. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by Councilman Strippoli, second by Councilman DiDomenico that the Council Meeting and Executive Session for November 4, 2020 be adopted as presented. Roll call vote was unanimous in the affirmative. Motion carried. Motion was made by Councilman Strippoli, second by Councilwoman Hess that all bills that have been properly audited be approved for payment. Roll call vote was unanimous in the affirmative. Motion carried. The following reports have been filed and are available in the respective offices for review and will be included in the minutes: a. Tax Collector’s Report Oct $2,967,122.82 Nov 4,479,991.60 b. Sewer Report Oct 52,605.52 Nov 57,628.02 c. Treasurer’s Report 24,372.76 Second Reading Ordinance 2020-19 ORDINANCE OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY APPROVING AND AUTHORIZING THE EXECUTION OF A FINANCIAL AGREEMENT WITH A LONG TERM TAX EXEMPTION AND PILOT AGREEMENT BETWEEN THE BOROUGH OF LINDENWOLD AND AW URBAN RENEWAL, LLC, PURSUANT TO N.J.S.A. 40A:20-9 ET SEQ. WHEREAS, AW Urban Renewal, LLC (the “Sponsor”) proposes to extensively rehabilitate a certain property owned by it (the “Project”) within the Borough of Lindenwold (the “Borough”), on a site described as Block 243, Lots 7.01, 7.02, and 7.04 and all Qualifiers thereto, as shown on the Official Tax Map of the Borough of Lindenwold, and commonly known as the Arborwood Redevelopment Area; and WHEREAS, the Project will qualify for a tax exemption under the Long Term Tax Exemption Law, N.J.S.A. 40A:20-8 et seq.; and WHEREAS, the Sponsor has presented to the Borough Council an application for this Long Term Tax Exemption and Payment in Lieu of Taxes (P.I.L.O.T.) Agreement, which has been approved by the Borough Council by Resolution pursuant to N.J.S.A. 40A:20-8, dated November 4, 2020, a copy of which is attached hereto as Exhibit “A” and made a part hereof. WHEREAS, the Borough Council of the Borough of Lindenwold deems it in the best interests of the Borough to approve the attached Financial Agreement with Long Term Tax Exemption, under the Long Term Tax Exemption Law to AW Urban Renewal, LLC, relative to its extensive rehabilitation of a certain property designated as the Arborwood Redevelopment Area, on a site described as Block 243, Lots 7.01, 7.02 and 7.04, and all Qualifiers thereto as shown on the Official Tax Map of the Borough of Lindenwold, and commonly known as the Arborwood Redevelopment Area; a copy of which is attached hereto as Exhibit “B” and made a part hereof. COUNCIL BUSINESS MEETING December 9, 2020 Page | 2 NOW, THEREFORE, BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, as follows: ARTICLE I. The Borough Council approves the Financial Agreement, attached hereto as Exhibit “B” and made a part hereof, authorizing a Long Term Tax Exemption pursuant to N.J.S.A. 40A:20-8 et seq., Pursuant to N.J.S.A. 40A:20-12, the ASC shall be paid in quarterly installments on those dates when real estate tax payments are due. The Annual Service Charge (ASC) shall be payable commencing on January 1, 2021, for the Project (the “Completion Date”), and continuing until the expiration of the Tax Exemption. In each year during which the ASC is due (i.e. years 1-30, as applicable), the ASC shall be at least the following amounts for the following periods of time (in each case, the “Minimum ASC”): 1. For Years One (1) through Two (2) of the Financial Agreement, the Annual Service Charge from the Improvements shall be the sum of Four Hundred Twenty-One Thousand Dollars ($421,000.00); 2. For Years Three (3) through Five (5) of the Financial Agreement, the Annual Service Charge from the Improvements shall be the sum of Four Hundred Ninety-Six Thousand Dollars ($496,000.00); 3. For Years Six (6) through Ten (10) of the Financial Agreement, the Annual Service Charge from the Improvements will be equal to the greater of: (a) the minimum Annual Service Charge of Four Hundred Ninety-Six Thousand Dollars ($496,000.00), or (b) Ten percent (10%) of the Gross Revenue (as defined in the Financial Agreement attached hereto as Exhibit “B”) from the Improvements; 4. For Years Eleven (11) through Twenty (20) of the Financial Agreement, the Annual Service Charge from the Improvements will be equal to the greater of: (a) the minimum Annual Service Charge of Four Hundred Ninety-Six Thousand Dollars ($496,000.00) or (b) Twelve percent (12%) of the Gross Revenue (as defined in the Financial Agreement attached hereto as Exhibit “B”) from the Improvements; 5. At the Borough’s Option, the Agreement may be renewed for Years Twenty-One (21) through Twenty-Five (25) of the Financial Agreement, where the Annual Service Charge from the Improvements will be equal to an amount mutually agreeable to the Borough and the Sponsor; 6. At the Borough’s Option, the Agreement may be renewed for Years Twenty-Six (26) through Thirty (30) of the Financial Agreement, where the Annual Service Charge from the Improvements will be equal to an amount mutually agreeable to the Borough and the Sponsor. The Borough Council understands that the Sponsor has formed an urban renewal entity limited liability company, and that the Borough may enter into the payment in lieu of taxes agreement with such urban renewal entity limited liability company; and It is further ORDAINED that Richard E. Roach, Jr., Mayor of the Borough of Lindenwold, and Deborah Jackson, Borough Clerk of the Borough of Lindenwold, be and hereby are authorized to execute the attached Financial Agreement, attached hereto as Exhibit “B” and made a part hereof, on behalf of the Borough of Lindenwold; and The Borough Clerk is hereby authorized to forward a certified true copy of this Ordinance to AW Urban Renewal, LLC, at 12 East 37th Street, New York, New York, 10016-2823; and The Municipal Clerk is hereby authorized to forward a certified true copy of this Ordinance, and the Financial Agreement implementing it, to both the Municipal Tax Assessor and the Director of the Division of Local Government Services. ARTICLE II. All Ordinances contrary to the provisions of this Ordinance are hereby repealed to the extent that they are inconsistent herewith. ARTICLE III. This Ordinance shall take effect upon passage and publication according to law. Mayor Roach opened the meeting to the public. There being no one desiring the floor, Mayor Roach closed the meeting to the public Motion was made by Councilman Strippoli, second by Councilman Jackson that Ordinance 2020-19 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. CONSENT AGENDA: The items listed below are considered routine by the Borough of Lindenwold and will be enacted by one motion. There will be no formal discussion of these items. If discussion is desired, this item will be removed from the Consent Agenda and will be considered separately. Resolution 2020:187-199 Motion was made by Councilman Strippoli, second by Councilman Jackson that Resolution 2020:187 to Resolution 2020:199 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. RESOLUTION 2020:187 Update Personnel Vacation COUNCIL BUSINESS MEETING December 9, 2020 Page | 3 WHEREAS, the Governor of the State of New Jersey issued Executive Order 103 on March 9, 2020 declaring both a Public Health Emergency and State of Emergency, and WHEREAS, Governor of the State of New Jersey issued additional Executive Orders extending this order as well as travel bans, and WHEREAS, in an effort to serve the residents of Lindenwold and fully staff Borough operations, some of the employees were unable to use their vacation time, and WHEREAS, employees of the Borough of Lindenwold requested consideration to extend their vacation due to the emergency situation. NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby allow the extension of 2020 vacation time to be used on or before March 31, 2021. RESOLUTION 2020:188 Amend Professional Services WHEREAS, the Borough of Lindenwold acquired professional services pursuant to the provisions of the Fair and Open Process, and WHEREAS, the terms of these contracts are one year from January 1, 2020 and ending December 31, 2020, and WHEREAS, there is a need to amend the amount not to exceed for the following: Steven Eisner from $25,000 to $50,000 due to ligation Judge N. Ryan Trabosh due to salary ordinance to $27,000 Municipal Prosecutor Howard Long due to salary ordinance to $16,000 Municipal Public Defender Charles Wigginton due to salary ordinance to $7,000 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold authorizes the amendment of the various resolutions as stated above RESOLUTION 2020:189 Change Order for Pump Station #12 WHEREAS, the Borough of Lindenwold awarded Crown Pipeline Construction Co. for the Pump Station #12 Rehabilitation Project, and WHEREAS, Environmental Resolutions, Inc. submitted a change order for the adjustment of materials. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that, based upon the recommendation of Environmental Resolutions, Inc., that Change Order #1Final to the contract for Pump Station #12 Rehabilitation Project with Crown Pipeline Construction Co., 3345 Delsea Drive, Franklinville, New Jersey is hereby approved as follows: Original Contract Amount $517,400.00 Extra $ 15,790.96 Adjustment Amount Based on Change Order No. 1 $533,190.96 The reason for the change is “Final Adjustment of Materials” RESOLUTION 2020:190 Deer Carcass Removal WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration, and WHEREAS, the County of Camden hereinafter referred to as the Lead Agency has offered voluntary participation in a Cooperative Pricing System for deer carcass removal services awarded to Deer Carcass Removal Service, P.O. Box 328, Cream Ridge, NJ 08514 for a second one year term at the cost of $65.00 per deer carcass removal with a third year option at the sole discretion of the County for the cost of $65.00, and WHEREAS, this term commences on or about October 1, 2020 through September 30, 2021. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Lindenwold as follows: 1. This resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Lindenwold. 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey. 4. This resolution shall take effect immediately upon passage. COUNCIL BUSINESS MEETING December 9, 2020 Page | 4 RESOLUTION 2020:191 Property Maintenance Liens WHEREAS, the following property in the Borough of Lindenwold had property maintenance work done by the Lindenwold Public Works for Code Compliance, and WHEREAS, a lien should be put on the following property for the cost of performing this work: Invoice Date Block Lot Address Amount 11/19/20 186 9 612 Scott Ave(yard) $206.00 12/04/20 224 9 516 Tenth Ave(tree) $259.00 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that lien be put on this property. RESOLUTION 2020:192 Amend The Arborwood Redevelopment Agreement WHEREAS, the Borough of Lindenwold entered into a Redevelopment Agreement with AW Urban Renewal, LLC on August 8, 2018; and WHEREAS, paragraph 3(i) of the Agreement provides for the issuance of a Certificate of Completion at such time as the Redeveloper completes the Work, as defined therein; and WHEREAS, the Borough of Lindenwold believes that it will be necessary to amend the Redevelopment Agreement to provide for the payment of Project costs, subsequent to the issuance of a Certificate of Completion; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Lindenwold, that the Mayor is authorized to negotiate and execute a Second Addendum to the Redevelopment Agreement for the Arborwood Redevelopment area, to provide for the reimbursement and payment of Project Costs, subsequent to the issuance of a Certificate of Completion. RESOLUTION 2020:193 Animal Shelter Agreement WHEREAS, the Borough of Lindenwold has an agreement with Camden County for providing animal shelter services, and WHEREAS, the official name is Homeward Bound Pet Adoption Center, Inc., and WHEREAS, the Borough of Lindenwold wishes to maintain this agreement for the benefit of its residents, and WHEREAS, the agreement must be signed by December 31, 2020 for services to start on January 1, 2021. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold renew the agreement for animal holding with Homeward Bound Pet Adoption Center, 125 County House Road, Blackwood, NJ 08012 for the basic amount of $4,270.83 per month with additional services outlined in the contract. RESOLUTION 2020:194 Chapter 159 NJDOT WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $402,771 from the New Jersey Department of Transportation and wishes to amend its 2020 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2020 in the sum of $402,771 which is now available as a revenue from the State of New Jersey, and BE IT FURTHER RESOLVED that a like sum of $402,771 and the same is hereby appropriated under the caption of: New Jersey Transportation Trust Fund Repaving of Linden Town – Phase 2 BE IT FURTHER RESOLVED that this resolution will be sent to the Director of Local Government Services for certification. RESOLUTION 2020:195 Chapter 159 Drunk Driving Fund COUNCIL BUSINESS MEETING December 9, 2020 Page | 5 WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold has received $2,200 from the State of New Jersey Division of Motor Vehicles and wishes to amend its 2020 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2020 in the sum of $2,200.00 which is now available as a revenue from the State of New Jersey, and BE IT FURTHER RESOLVED that a like sum of $2,200.00 and the same is hereby appropriated under the caption of: Drunk Driving Enforcement Fund BE IT FURTHER RESOLVED that this resolution will be sent to the Director of Local Government Services for certification. RESOLUTION 2020:196 Chapter 159 JJC Funding WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $2,500 from the State of New Jersey and wishes to amend its 2020 Budget to include a portion of this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2020 in the sum of $2,500 is now available as a revenue from the New Jersey Juvenile Justice Commission, and BE IT FURTHER RESOLVED that a like sum of $2,500.00 and the same is hereby appropriated under the caption of: 2020 JJC Funding – State Community Partnership Grant BE IT FURTHER RESOLVED that this resolution will be sent to the Director of Local Government Services for certification. RESOLUTION 2020:197 Budget Transfer BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following transfers be made to the 2020 Budget in accordance with N.J.S 40A:4-58: From To General Fund Compliance OE 45,500.00 Unemployment OE 10,000.00 Insurance Group OE 23,000.00 Insurance Other OE 5,000.00 Telephone OE 4,500.00 Municipal Court S&W 3,000.00 Total 45,5000.00 45,500.00 RESOLUTION 2020:198 Cancel Outstanding Checks BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following outstanding checks be cancelled: Republic Bank Check Date Check# Amount Payee Borough Clerk – Petty Cash Checking #1365193 4/2/15 411 $1.26 Joseph Herrington General Account - #1364979 COUNCIL BUSINESS MEETING December 9, 2020 Page | 6 12/10/15 37072 $200.00 Lindenwold Fire Co. #1 2/11/16 37529 $147.37 Custom Bandag, Inc. 9/16/16 37968 $155.87 Staples Payroll Account - #1365185 5/1/15 6095 $263.13 Efrain Rivera 2/19/16 6921 $.91 Kenneth Balmer 11/23/16 7472 $69.26 Nadeen Henry 6/9/17 7740 $.55 Joe Gillan 10/27/17 8226 $50.72 Rob Helveston 2/16/2018 8462 $27.56 Nicholas Grungo 2/16/2018 8463 $4.76 Nicholas Grungo 5/25/2018 8691 $419.56 Arthur Walls, Jr. 6/8/2018 8740 $639.38 Efrain Rivera, Jr. 6/7/2019 9530 $141.36 Damon K Lacey 6/21/2019 9595 $413.60 Wille Mae Palmer Municipal Court - Bail Account #1365053 4/4/2019 1289 $17.00 Bradford Yoder Municipal Court - General Account #1365061 1/4/2019 867 $5.00 Christopher Vitale 4/9/2019 891 $5.00 Juan Vazquez 4/9/2019 894 $1.00 Devona Robinson-Tasco 5/14/2019 905 $2.00 Deborah Nagle 8/12/2019 932 $1.00 Jamal Chesson TD Bank Escrow Account - #3045663 3/10/2017 2788 $25.00 P & L Locations 2/9/2018 2866 $20.00 Kecia Melecio RESOLUTION 2020:199 CANCELLATION OF TAXES-SEWER BE IT RESOLVED, by the Borough Council of the Borough of Lindenwold in the County of Camden that the Tax Collector is hereby authorized to make the following adjustments to the tax records of the Borough of Lindenwold. IDENTIFICATION: 2020 TAXES ASSESSMENT Block 131 Lot 1.01 $2,578.56 $50,819 ADJUSTMENT: Cancel taxes along with corresponding assessment. Property owner is qualified as a Totally Disabled Veteran and as such is entitled to tax exempt status as ordered by the New Jersey Division of Taxation. Resolution 2020:200 Participate with Camden County for Solid Waste Disposal Motion was made by Councilman Strippoli, second by Councilwoman Hess that Resolution 2020:200 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration, and WHEREAS, the County of Camden hereinafter referred to as the Lead Agency has offered voluntary participation in a Cooperative Pricing System for Disposal of Solid Waste under Bid A-48/2018 for the term February 1, 2019 through December 31, 2020, and WHEREAS, said Bid A-48/2018 provided for three (3) one-year options, and WHEREAS, the County of Camden has exercised the first one-year option of Bid A-48/2018 for the term January 1, 2021 to December 31, 2021. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Lindenwold as follows: 1. This resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Lindenwold. COUNCIL BUSINESS MEETING December 9, 2020 Page | 7 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey. 4. This resolution shall take effect immediately upon passage. Mayor Roach opened the meeting to Council. Councilman Strippoli presented the November report for Public Works including the collection of 741 tons of solid waste and 81 tons of recycling. The sewer report included 80 total calls for services. No accidents or injuries were reported. Councilman DiDomenico presented the Police Department report which included 2,397 total calls for service. Councilwoman Hess provided an update regarding the library offering curbside service. She also provided information regarding the House Decorating Contest. Councilman Jackson had nothing to report. Councilwoman Sinon provided an update from the Health Department regarding COVID testing by Camden County as well as a reminder to follow the CDC recommendations. Business Administrator had nothing to report. Mayor Roach announced another death due to COVID. Lindenwold has reported 1,030 cases. Mayor Roach asked everyone to wear their mask and wash their hands. Engineer’s Report was presented by Anthony Chadwell from Remington and Vernick. The Borough of Lindenwold will receive FY2021 NJDOT Municipal Aid for repaving of Linden Town Phase 2. Construction is complete for the Traffic Signal Upgrades. At this time, school is not in session to measure impact. Mayor Roach opened the meeting to the Public. Diane Veteri, resident, questioned the Best Practices Checklist regarding personnel policy. Mayor responded that a number of employees were hired prior to the ordinance that she is referring to. Next, she questioned about newsletters and cleanups. Mayor responded that information is updated on the websites and that the cleanups were suspended due to COVID. Raymond Morrissey, resident, questioned the information on the website including the subcommittees. Mayor Roach responded that he will contact the Council Liaison to discuss with the department supervisors. Trevor Shaw, resident, questioned Resolution 179. Public Works Supervisor responded that it was for the park at Aston Martin Drive. There being no one else desiring the floor, the Mayor closed the meeting to the public. Motion was made by Councilman Strippoli, second by Councilwoman Sinon that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried. DATED: January 27, 2021 ________________________________ Deborah C. Jackson, RMC Borough Clerk