Borough Council

COUNCIL BUSINESS MEETING October 13, 2021 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. President Randolph-Sharpe asked for a moment of silence for Breast Cancer Awareness month. Roll Call of Council Members Present: Hess, Jackson, Sinon, President Randolph-Sharpe and Mayor Roach. Excused Absence: Councilman DiDomenico Resolution 2021:164 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, Personnel, and Professional Services Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that Resolution 2021:164 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilwoman Hess to go out of executive session. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that the Council Meeting and Executive for September 8, 2021 be adopted as presented. Roll call vote was unanimous in the affirmative. Motion carried. Motion was made by Councilman Jackson, second by Councilwoman Hess that the Council Meeting and Executive for September 22, 2021 be adopted as presented. Roll call vote was in the affirmative with President Randolph-Sharpe abstaining. Motion carried. Motion was made by President Randolph-Sharpe second by Councilman Jackson 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 $ 621,530.42 b. Sewer Report $ 197,226.41 c. Treasurer’s Report $ 17,673.68 Second Reading Ordinance 2021-15 Capital Bond Ordinance Mayor Roach opened the meeting to the public. There being no one desiring the floor, the Mayor closed the meeting to the public. Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Ordinance 2021-15 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. Bond Ordinance Authorizing The Acquisition Of Various Pieces Of Capital equipment And The Completion Of Various Capital Improvements For The Borough Of Lindenwold, County Of Camden, New Jersey; Appropriating The Sum Of $2,180,800 Therefor; Authorizing The Issuance Of General Obligation Bonds Or Bond Anticipation Notes Of The Borough Of Lindenwold, County Of Camden, New Jersey, In The Aggregate Principal Amount Of Up To $2,071,760 Making Certain Determinations And Covenants; And Authorizing Certain Related Actions In Connection With The Foregoing BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows: Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Lindenwold, County of Camden, New Jersey ("Borough"). Section 2. It is hereby found, determined and declared as follows: (a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $2,180,800; COUNCIL BUSINESS MEETING October 13, 2021 Page | 2 (b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $2,071,800; and (c) a down payment in the amount of $109,040 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11. Section 3. The sum of $2,071,800, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $109,040, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance"). Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $2,180,800 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law. Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $2,180,800 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser. Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $436,000. Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows: Estimated Down Amount of Period of Purpose/Improvement Total Cost Payment Obligations Usefulness A. Acquisition of Various Replacement $1,475,000 $73,750 $1,401,250 15 years Equipment for the Public Works Department including, but not limited to, a Dump Truck with Plow and Spreader, Mack Rear Load Trash Truck, a Street Sweeper, a Loader and Fuel System, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto B. Various Improvements to Municipal Buildings 85,800 4,290 81,510 15 years including, but not limited to, Construction of a Parking Lot, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto C. Various Improvements to Municipal Buildings 500,000 25,000 475,000 20 years including, but not limited to, Acquisition and Installation of Generator for the Police Department Building, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto D. Reconstruction and/or Repaving of Various 120,000 6,000 114,000 10 years Borough Roads, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto TOTALS $2,180,800 $109,040 $2,071,760 COUNCIL BUSINESS MEETING October 13, 2021 Page | 3 Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 15.87 years. Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above. Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $2,190,800 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law. Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof. Section 12. The applicable Capital Budget of the Borough is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection. Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes. Section 14. The Borough hereby covenants as follows: (a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code; (b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder; (c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes; (d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and (e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code. Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby. Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage. Second Reading Ordinance 2021-16 Capital Appropriation Ordinance & Sewer Improvements Mayor Roach opened the meeting to the public. There being no one desiring the floor, the Mayor closed the meeting to the public. Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Ordinance 2021-16 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. An Ordinance Of The Borough Of Lindenwold, County Of Camden, New Jersey, Appropriating $903,446 For The Acquisition Of Various Pieces Of Capital Equipment And Completion Of Various Sewer Utility Improvements In And For The Borough COUNCIL BUSINESS MEETING October 13, 2021 Page | 4 BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), as follows: Section 1. There is hereby appropriated the sum of $903,446 (which amount represents funds received by the Borough of Lindenwold ("Borough") from the Federal government pursuant to the American Rescue Plan Act of 2021) for the acquisition of various pieces of equipment and completion of various sewer utility improvements in and for the Borough including, but not limited to, various upgrades to the Borough’s Pump Station #6, together with the acquisition of all materials and equipment and completion of all work necessary therefor and related thereto (the "Project"). Section 2. It is hereby determined and stated that the Project set forth in Section 1 is a general capital improvement and is not a current expense of the Borough. Section 3. The capital budget is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended capital budget and capital program as approved by the Director of the Division of Local Government Services, is on file with the Borough Clerk and available for inspection. Section 4. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 5. This ordinance shall take effect after final adoption and publication as required by law. Second Reading Ordinance 2021-17 An Ordinance Amending Chapter 220, Section 14 Parking of Dumpsters in the Borough of Lindenwold Codes Mayor Roach opened the meeting to the public. There being no one desiring the floor, the Mayor closed the meeting to the public. Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Ordinance 2021-17 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the municipal governing body of the Borough of Lindenwold wishes to ensure consistency in its provisions, and WHEREAS, an update in Section 14 regarding the parking of dumpsters and storage containers of Chapter 220 has been recommended for the efficiency of the functions for the Borough of Lindenwold. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows: § 220-14 Parking of Dumpsters and Storage Containers. In the event that it is physically impossible to park a dumpster or storage container off street, an application for a temporary on-street parking permit may be made to the Borough's Construction Official and/or Designee who shall issue the permit if he/she concurs with the impossibility of off-street parking. The permit shall be valid for a period of 10 days. Addition of: A. Permit valid for 10 days B. Must be approved prior to placement C. If over 10 days, application for extension must be submitted prior to the expiration of the existing permit. Maximum of two extensions are permitted. D. Off street parking of Dumpster & Storage Containers limited to a maximum of 30 days This ordinance shall take effect upon proper passage and publication according to law. First Reading Ordinance 2021-18 Amending Chapter 150 of The Borough of Lindenwold Fee Schedule for Mercantile Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Ordinance 2021-18 be adopted on first reading, published according to law, with second reading being held at next regular scheduled meeting. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Municipal Governing Body of the Borough of Lindenwold wishes to ensure consistency in its provisions, and WHEREAS, an update in the fee schedule has been recommended for the efficiency of the functions for the Borough of Lindenwold. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Municipal Governing Body of the Borough of Lindenwold, as follows: § 150-4 Mercantile B. Inspection fee new business/change of ownership: (1) Initial inspection fee: $125. COUNCIL BUSINESS MEETING October 13, 2021 Page | 5 (2) First reinspection: No fee. (3) Second reinspection and thereafter: $75. (4) Administration fee to be assessed for any change of inspection date more than once and that fee must be paid before a change is made: $20 First Reading Ordinance 2021-19 Amending Chapter 75 Regulating Animals in the Borough of Lindenwold Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Ordinance 2021-19 be adopted on first reading, published according to law, with second reading being held at next regular scheduled meeting. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Municipal Governing Body of the Borough of Lindenwold wishes to take steps consistent with the State of New Jersey programs to promote going green, saving money and sustaining the quality of life in the long term, and WHEREAS, there has been a growing request to adopt one of these initiatives by allowing backyard chickens. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows: § 75-17 Certain Animals prohibited No person or entity shall keep any goats, sheep, horses, pigs, swine, cattle, poultry or fowl of any kind in the Borough of Lindenwold with the exception of backyard chickens as defined under Article V Article V Backyard Chickens § 75-26 Eligibility; Restrictions; Coops and Runs A. Residents of single-family homes which meet the criteria set forth in this section shall be eligible to keep backyard chickens B. There shall be a limit of six hens per residence. Roosters are prohibited. C. The coop and run, located in the backyard, shall not exceed 100 square feet and shall be located no closer than 20 feet from the windows and/or doors of the habitable portion of the neighboring residential dwelling. Garages, attached or otherwise, and accessory buildings shall not be considered a “residential dwelling” for purposes of calculating the required distance. Hens may temporarily “free range” outside of the coop in a suitably contained area provided that an adult, age 18 or older, is present the entire time. A predator-proof run must be attached to the coop and must also be 20 feet from the habitable portion of the neighboring residential dwelling. D. Chickens, chicken coops and enclosed chicken runs are permitted only in the rear yard of any eligible property as defined in Chapter 365-16 R-1, R-1A, R-2. § 75-27 Requirements for Coops; slaughter of chickens; waste Participant shall comply with the following regulations and conditions for keeping and housing of hens: A. The coop shall be suitable in size to house the number of hens subject to this program(which is no more than 6) B. The coop shall be dry and well ventilated with windows to admit sunlight. C. The coop must be kept clean. D. The coop and enclosed run must be made predator-proof. E. Clean water must be provided, and food must he kept tightly closed in a metal container away from the coop and run at night. F. The yard in the area where the coop is located shall be clean and free from odors. G. There shall be no slaughter of chickens in the Borough of Lindenwold H. Waste will be handled by the participant to prevent offensive odors or disposed in an environmentally friendly manner. I. There shall be no selling of eggs. § 75-28 Enforcement. Code enforcement personnel, Camden County Health Department personnel, animal control officers any police officer of the Borough of Lindenwold, and any designee thereof are hereby given full power and authority to enforce this article and investigate any complaints § 75-29 Violations and penalties. Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties as set forth in Chapter 1, § 1-1, of this Code. Resolution 2021:165 Adopting a Special Rule of Order for Public Comment at Council Meetings and Caucus Meetings of the Borough of Lindenwold COUNCIL BUSINESS MEETING October 13, 2021 Page | 6 Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2021:165 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, N.J.S.A 10:4-12(a) provides that a public body maintains discretion to permit, prohibit, or regulate the active participation of the public at any meeting; and WHEREAS, N.J.S.A. 10:4-12 further provides that a municipal governing body shall be required to set aside a portion of every meeting of the municipal governing body, the length of the portion to be determined by the municipal governing body, for public comment on any governmental issue that a member of the public feels may be of concern to the residents of the municipality; and WHEREAS, the Borough of Lindenwold adopted resolution 2021:4, on January 6, 2021 which adopted Roberts Rules of Order for the purposes of regulating the procedure and conduct of council meetings and caucus meetings of the Borough of Lindenwold; and WHEREAS, Roberts Rules of Order, 12th Edition, Section 9:29, Provides that Public Meetings may invite non- members of the meeting to express their views, but such public comment is done under the control of the presiding officer subject to any relevant rules adopted by the body, including but not limited to placing time limits on the speakers; and WHEREAS, the Mayor and Council of the Borough of Lindenwold find it necessary, appropriate, and in the best interests of maintaining the order and decorum of public meetings within the Borough to adopt a Special Rule of Order to govern the Public Comment Section of public meetings. NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold, that a Special Rule of Order shall be adopted to govern and control the Public Comment section of council meetings and caucus meetings conducted within the Borough of Lindenwold as follows: Rule 2021:1 LINDENWOLD SPECIAL RULE OF PROCEDURE FOR COUNCIL MEETINGS AND CAUCUS MEETINGS OF THE GOVERNING BODY 1. Any member of the public wishing to speak during the public comment portion of any council meeting or caucus meeting of the governing body may only do so upon the Mayor, or his/her designate, first opening the meeting to the public for comment. 2. Any comments by a member of the public shall only be permitted during the portion of the meeting open to the public. Upon the public comment portion of the meeting being closed, public participation in the meeting is prohibited. 3. No member of the public may approach the podium to speak, or otherwise provide public comment, until recognized to speak by the Mayor, or his/her designate. Any member of the public wishing to speak must first raise their hand and wait to be called upon by the Mayor, or his/her designate. Once called upon by the Mayor, or his/her designate to speak, the member of the public may approach the podium to speak for purposes of public comment. 4. After acknowledgement, the member of the public speaking during the public comment portion of a public meeting must first sign in on the provided sheet with contact information and topic, as well as provide their name and address verbally for the record, prior to speaking. 5. All members of the public will be limited to Five (5) minutes per individual, to speak during a public comment portion of the meeting. No member of the public shall be permitted to cede any of their allotted time, or otherwise transfer any additional time to another member of the public to enlarge an individual speaker’s allotted Five (5) minute time for speaking during public comment. A member of the public may not accept any additional time to speak from any other member of the public, during public comment. All members of the public will be strictly limited to Five (5) minutes during the public comment portion of the meeting. 6. All members of the public will be limited to one occasion to speak per public comment portion of the meeting. No member of the public shall be permitted to speak more than once during any public comment portion of the meeting. In the event the member of the public does not use all of the Five (5) minute time allotted per speaker, they shall not be permitted a second occasion to speak during the same public comment portion to utilize any unused time. 7. No member of the governing body, individual, or other member of the public, shall be permitted to respond to any questions, inquiries, concerns, or issues raised during the public comment portion of the meeting. The member of the public shall be permitted to speak and/or raise questions of public concern, but there shall be no response or rebuttal during the public comment portion of the meeting from the governing body, any individual, or any member of the public. 8. Upon completion of all members of the public wishing to speak having provided comment during the public comment portion of the meeting, the Mayor or his/her designate shall close the meeting to the public, and shall not entertain any further public comment. 9. After closing the meeting to the public, the Mayor shall open the meeting to council, at which time the Mayor, or any member of the governing body, and/or any individual designated by the Mayor, may respond at their discretion, to any questions, inquiries, concerns, or issues raised during the public comment portion of the meeting. When the meeting is COUNCIL BUSINESS MEETING October 13, 2021 Page | 7 opened to council for rebuttal to public comment, there shall be no public comment permitted from any member of the public. 10. Any individual failing or refusing to comply with the procedures set forth herein, may forfeit their right to speak during the public comment portion of the meeting, at the discretion of the Mayor and governing body. Resolution 2021:166 Accept 2020 Audit Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution 2021:166 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year 2020 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, and, WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con- viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED, that the Council of the Borough of Lindenwold, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. Resolution 2021:167 Corrective Action Plan Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that Resolution 2021:167 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Borough of Lindenwold has received a report of audit for the year ending December 31, 2020; and WHEREAS, the New Jersey Division of Local Government Services requires that the Chief Financial Officer submits a Corrective Action Plan for all findings in the audit within 60 days of receipt of the Report of Audit; and WHEREAS, the Chief Financial Officer has completed a Corrective Action Plan relating to the finding of the 2020 Audit; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold, that it does hereby approve the Corrective Action Plan for the 2020 Report of Audit. BE IT FURTHER RESOLVED that the Borough Clerk be directed to forward a copy of the Corrective Action Plan to the New Jersey Division of Local Government Services. COUNCIL BUSINESS MEETING October 13, 2021 Page | 8 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. Motion was made by President Randolph-Sharpe, second by Councilman Sinon that Resolution 2021:168-178 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Resolution 2021:168 Curfew and Hours for Halloween WHEREAS, there currently exists a curfew for the Borough of Lindenwold residents seventeen (17) years of age and under, and WHEREAS, it is necessary to amend this curfew for Saturday, October 30, 2021 through Monday, November 1, 2021 for Halloween. WHEREAS, it is also necessary to designate the time for Trick or Treating in the Borough of Lindenwold, and WHEREAS, the hours will be from 2:00 pm until 6:00 pm on Sunday, October 31, 2021. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the curfew hours for Friday, October 30, 2020 through Saturday, October 30, 2021 through Monday, November 1, 2021 inclusive shall be from 8:00 p.m. until 6:00 a.m. prevailing time each night. NOW, THEREFORE, BE IT FURTHER RESOLVED that the hours for Trick or Treating be 2:00 pm until 6:00 pm. Resolution 2021:169 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 third one year term at the cost of $65.00 per deer carcass removal, and WHEREAS, this term commences on or about October 1, 2021 through September 30, 2022. 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. Resolution 2021:170 Escrow Refund WHEREAS, BW Ventures submitted an escrow of $700.00 for a street opening permit for 165 Crossing Way, and WHEREAS, the work was performed with a satisfactory inspection for the above permit, and WHEREAS, the applicant has requested a refund of the $700 escrow fee. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the amount of $700.00 escrow be refunded to BW Ventures as the job was been completed and inspected. Resolution 2021:171 Extend Shared Service with Camden County 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 copy, computer paper and envelopes as awarded to the vendors listed below for a term of six months commencing on or about April 1, 2021 through September 30, 2021, and WHEREAS, the County of Camden is preparing to advertise to award this contract, and WHEREAS, pending this award, the County has contracted to extend the pricing with the same terms, rates, and conditions on a month to month basis. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Lindenwold agrees to continue with the County for the procurement of paper as awarded under Resolution 2021:88 until a new contract is negotiated. COUNCIL BUSINESS MEETING October 13, 2021 Page | 9 Resolution 2021:172 Transfer Or Cancellation of Tax Collections-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: 2021 TAXES ASSESSMENT Block 288.01 Lot 12 $2,763.15 $54,137 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 2021:173 Refund Aston Martin Dr. WHEREAS, D.E. Bailey, LLC submitted an escrow of $700.00 for a street opening permit for 937 Aston Marti Drive, and WHEREAS, the work was performed with a satisfactory inspection for the above permit, and WHEREAS, the applicant has requested a refund of the $700 escrow fee. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the amount of $700.00 escrow be refunded to D.E. Bailey, LLC as the job was been completed and inspected. Resolution 2021:174 Award Sewer Pump Station No. 6 WHEREAS, the Borough of Lindenwold declared an emergency under Resolution 2021:124 for Sewer Pump Station No. 6 and WHEREAS, under this emergency, the appointed engineer from Environmental Resolutions Inc. received quotes for these repairs, and WHEREAS, Addendum A is a list of the quotes that were received, and WHEREAS, Environmental Resolutions Inc has recommended that the contract for the emergency repairs to Pump Station No. 6 be awarded to B&H Contracting, Inc. for the quote amount of $297,860.00. This contract is to be awarded contingent upon the approval of the solicitor and the monies being available. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that: 1. The contract for the emergency repairs to Pump Station No. 6, be awarded to B&H Contracting, Inc., 1022 Black Horse Pike, Folsom, NJ 08037 with the lowest amount of $297,860.00. This contract is to be awarded contingent upon the approval of the solicitor and the monies being available. 2. The exact title of the appropriation to be charged to Ordinance 2021:16 3. This resolution shall take effect immediately on the adoption of Ordinance 2021:16 Resolution 2021:175 Update Employee Handbook WHEREAS, the Borough of Lindenwold is a member of the Camden County Municipal Joint Insurance Fund, and WHEREAS, the Municipal Excess Liability Joint Insurance Fund(“MEL”) developed a new Model Employee Handbook and Personnel Policies and Procedures Manual, and WHEREAS, there is a requirement that the Employee Handbook be adopted prior to November 1, and WHEREAS, the new version of the Model Employee Handbook streamlines the previous handbook to remove unnecessary polices no longer required by law, and WHEREAS, the following items were updated and/or added: Protection and Safe Treatment of Minors, Domestic Violence Policy, HIPAA Compliance, Donated Leave Program, Changing Vital Information, Employee Dating, Security, State Residency Requirement, Drug and Alcohol Free Workplace Policy and CDL Drug and Alcohol Testing Policy BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to adopt the new Model Employee Handbook as recommended by the Municipal Excess Liability Joint Insurance Fund(“MEL”) and reviewed by the Borough Solicitor. Resolution 2021:176 Chapter 159 for SFY21 Body-Worn Camera Grant 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 COUNCIL BUSINESS MEETING October 13, 2021 Page | 10 WHEREAS, the Borough of Lindenwold will receive $85,596.00 from the New Jersey Department of Law and Public Safety Office of the Attorney General and wishes to amend its 2021 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 2021 in the sum of $85,596.00 which is now available as a revenue from Award Number 21- BWC-229, and BE IT FURTHER RESOLVED that a like sum of $85,596.00 and the same is hereby appropriated under the caption of: SFY21 Body-Worn Camera Grant BE IT FURTHER RESOLVED that a copy of this resolution will be sent to the Director of Local Government Services for certification. Resolution 2021:177 Property Maintenance Liens WHEREAS, the following properties in the Borough of Lindenwold had property maintenance work done by the Lindenwold Public Works for Code Compliance and/or Police Department, and WHEREAS, a lien should be put on the following properties for the cost of performing this work: Invoice Date Block Lot Address Amount 10/12/21 299.02 8 229 Countiss Ave.(yard) $206.00 10/12/21 48 57 812 Myrtle Ave.(yard) $206.00 10/12/21 94 9 433 E. Maple Ave.(yard) $206.00 10/12/21 84 5.01 400 Cedar Ave.(yard) $228.00 10/12/21 84 5.01 400 Cedar Ave.(trash) $228.00 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that a lien be put on these properties. Resolution 2021:178 Vehicles through Shared Service with Enterprise for 2022 Vehicles WHEREAS, the Borough of Lindenwold participates in the Cooperative Purchasing Program with the National Intergovernmental Purchasing Alliance Co. and administered by Sourcewell for the purchase of goods, products and services; and WHEREAS, it is necessary for the Borough of Lindenwold to execute a contract with Enterprise Fleet Management to place an order for 2022 Ford Pickup Vehicles as there is a significant time lag in production; and WHEREAS, the Borough of Lindenwold received the following proposals P278046, P287659, P278071 for the leasing and management program with an amount not to exceed $222,161.00 with the equity lease agreement made payable over a period of five years according to the following schedule. P278046 – (2) 2022 Ford F-450 Chassis XL w/plow and salt spreader Year 1 $46,477.20, Year 2 $21,015.20, Year 3 $21,015.20, Year 4 $21,015.20, Year 5 $21,015.20 . P287659 – (1) 2022 Ford F-250 XL w/plow Year 1 $10,404.00, Year 2 $7,976.25, Year 3 $7,976.25, Year 4 $7,976.25, Year 5 $7,976.25. P278071 – (1) 2022 Ford F-350 Chassis XL w/plow (Sewer Department) Year 1 $23,633.00, Year 2 $9,595.50, Year 3 $9,595.50, Year 4 $9,595.50, Year 5 $9,595.50. BE IT FURTHER RESOLVED that the appropriate Borough Officials are hereby authorized to execute the Contract for fleet management and leasing subject to submission of documentation and Notice as required by New Jersey Law. BE IT FURTHER RESOLVED this resolution shall take effect immediately upon adoption. RESOLUTION 2021:179 Appoint Court Administrator Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution 2021:179 be as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold determined a need to appoint a Court Administrator due to a resignation, and WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold appointed an acting Court Administrator under Resolution 2021:154, Kathleen Buchhofer, effective August 13, 2021, and WHEREAS, the Borough of Lindenwold working with the New Jersey Municipal Court Division and with the approval of the Assignment Judge regarding the staffing of the Lindenwold Court hereby recommend Kathleen Buchhofer as the Court Administrator with a starting annual salary of $62,000 retroactive to August 13, 2021, and COUNCIL BUSINESS MEETING October 13, 2021 Page | 11 THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Kathleen Buchhofer be appointed as the Court Administrator with the retroactive date of Acting Court Administrator of August 13, 2021. RESOLUTION 2021:180 Hire Part Time Laborer Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2021:180 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS there is a need in the Public Works Department to hire a part time laborer, and WHEREAS, it is the procedure of the Borough of Lindenwold to hire employees by resolution. WHEREAS, Grega Michel has been recommended by the Public Works Supervisor after the successful completion of his pre-employment screening. THEREFORE BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Grega Michel be hired as a laborer effective November 1, 2021. RESOLUTION 2021:181 Amend Resolutions 2021:45 Professional Services Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2021:181 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. 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, 2021 and ending December 31, 2021, and WHEREAS, there is a need to amend Resolution 2021:45 for the amount not to exceed for Steven Eisner from $25,000 to $75,000 due to ligation NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold authorizes the amending of the resolution as stated above Anthony Chadwell of Remington and Vernick presented the Engineer’s Report that included the completion of the designs for the Repaving of Linden Town Phase 2 and sent to the state for review. He also updated the completion of Grant applications as well as the completion of the Traffic Signal Project. Mayor Roach opened the meeting to Council. Councilwoman Hess informed the residents of the upcoming Halloween Parade followed by the Trunk or Treat on October 30 at the Lindenwold Park. There will be a Halloween take and make craft available on October 25 to October 29 for pick up. Starting on November 1, there will be new hours at the Library. President Randolph-Sharpe announced the Lindenwold High School Homecoming Dance on October 29. November 3, the South Jersey Food Bank will be in the parking lot to distribute food in addition to the distribution at the end of the month at the Lindenwold High Speed Line. She also announced that Early Voting will be available in New Jersey and provided locations from October 23 to October 31. The newsletter is available on the Borough Website. Councilman Jackson attended the Police event at Our Lady Guadalupe that was well attended. He also announced the passing of the former Council Member William Dougherty. Councilwoman Sinon presented the Covid updates. She also provided information on the booster vaccine and flu shots. She had flyers available listing various symptoms and the Camden County flu schedule. She also announced that West Nile Virus has been reported in New Jersey as well as prevention tips. Starting October, there will be mandatory 10 digit dialing for area codes 856 and 908. Mayor Roach presented flyers for two upcoming job fairs. President Randolph-Sharpe added that the One Stop in Cherry Hill added services for teenagers in need of mental assistance. Mayor Roach opened the meeting to the public. Sarah Vellner, resident, complained about the violations at various complexes and the response by the Borough. She questioned the use of the funds for the AARP and deadline for the report. Diane Veteri, resident, asked for a response to her questions at previous meetings as well as department reports and outcome of a 2019 Resolution. Tiwanda Randolph, resident, questioned about the parking of trailers. There being no one else desiring the floor, Mayor Roach closed the meeting to the public. COUNCIL BUSINESS MEETING October 13, 2021 Page | 12 Mayor re-opened to Council where he will contact the Police Department regarding trailers. President Randolph-Sharpe responded that she will look into the department reports. Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried. DATED: November 10, 2021 ________________________________ Deborah C. Jackson, RMC Borough Clerk