Borough Council

COUNCIL BUSINESS MEETING December 22, 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 was held during Board of Health that preceded Business Meeting) Roll Call of Council Members Present: Hess, Jackson, Lenkowski, Sinon, President Randolph-Sharpe, and Mayor Roach. Excused Absence: Councilman DiDomenico Resolution 2021:210 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, 2022 Contracts and Personnel Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution 2021:210 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon to go out of executive session. Voice vote was unanimous in the affirmative. 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. Second Reading Ordinance 2021-20 An Ordinance Adding To the Existing Lindenwold Code Chapter 238, Article IV Regarding Foreclosed Properties 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 Lenkowski that Ordinance 2021-20 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. AN ORDINANCE ADDING TO THE EXISTING LINDENWOLD CODE CHAPTER 238, ARTICLE IV REGARDING FORECLOSED PROPERTIES WHEREAS, the municipal governing body of the Borough of Lindenwold wishes to regulate foreclosed properties in the Borough of Lindenwold, and WHEREAS, under the State of New Jersey, the Borough of Lindenwold has the authority to regulate such properties. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows: Statutory authority. A. N.J.S.A 40:48-2 provides in relevant part that a municipality may make and enforce such ordinances, rules and regulations not contrary to the laws of this State or of the United States as it may deem necessary and proper for the good government, order and protection of persons and property, and for the preservation of the public health, safety and welfare of the municipality and its inhabitants. B. N.J.S.A 46:10B-51(a) provides in relevant part that a creditor serving a summons and complaint in an action to foreclose on a mortgage on residential property in this state shall within 10 days of serving the summons and complaint notify the municipal clerk of the municipality in which the property is located that a summons and complaint in an action to foreclose on a mortgage has been filed against the subject property. The notice shall contain the name and contact information for the representative of the creditor who is responsible for receiving complaints of property maintenance and code violations. The notice may contain information about more than one property, and shall be provided by mail or electronic communication, at the discretion of the municipal clerk. The notice shall also include the street address, lot and block number of the property and the full name and contact information of an individual located within the state who is authorized to accept service on behalf of the creditor. C. N.J.S.A 46:10B-51(b) provides in relevant part that if the owner of a residential property vacates or abandons any property on which a foreclosure proceeding has been initiated or if a residential property becomes vacant at any point subsequent to the creditor’s filing the summons and complaint in an action to foreclose on a mortgage against the subject property, but prior to vesting of title in the creditor or any other third party, and the property is found to be a nuisance or in violation of any applicable state or local code, the appropriate local municipal official COUNCIL BUSINESS MEETING December 22, 2021 Page | 2 shall notify the creditor of the nuisance or violation. The creditor shall have the responsibility to abate the nuisance or correct the violation in the same manner and to the same extent as the title owner of the property, to such standard or specification as may be required by state law or municipal ordinance. D. N.J.S.A. 46:10B-51( c) provides in relevant part that if the municipality expends public funds in order to abate a nuisance or correct a violation on a residential property in situations where the creditor was given notice pursuant to the aforesaid statue but failed to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property including, but not limited to, the recourse provided under N.J.S.A. 55:19-100.E. N.J.S.A. 46:10B-51.1 provides in relevant part that the owner of any non-owner occupied residential property who takes title to the property as the result of a sheriff’s sale or deed in lieu of foreclosure, other than an owner who has previously provided notice to the municipality pursuant to N.J.S.A. 46:10B-51, shall provide notice, within 10 business days, to the municipal clerk of the municipality wherein the property is located providing the name and address of the owner. If the owner is not located within New Jersey, then the owner shall designate an agent within New Jersey, including the agent’s address, who is authorized to accept service of process on behalf of the property owner. E. N.J.S.A. 55:19-100 provides in relevant part that with respect to any lien placed against any real property pursuant to the provisions of N.J.S.A.40:48-2.3 or N.J.S.A. 40:48-2.3a or N.J.S.A. 40:48-2.5 or any receiver’s lien pursuant to N.J.S.A. 2A:42-114 et seq., the municipality shall have recourse with respect to the lien against any asset of the owner of the property if an individual, against any asset of any partner if a partnership, and against any asset of any owner of a ten-percent interest or greater if the owner is any other business organization entity recognized pursuant to law. Findings and purpose. A. The governing body of the municipality finds and declares that residential properties with pending foreclosure proceedings typically become vacant. These vacant properties if not maintained rapidly become eyesores with unkempt lawns and overgrown vegetation, broken doors and windows, and deteriorating structures. These properties create a wide range of negative secondary effects in the neighborhoods where they are located in that they foster criminal activity, create public health problems, and otherwise diminish the quality of life for residents and business operators located in those areas. B. The governing body of the municipality finds and declares that residential properties with pending foreclosure proceedings which have become vacant typically are not maintained by the creditor who has filed the foreclosure proceedings. These vacant properties deteriorate by neglect and diminish property values of neighboring properties, increase the risk of property damage through arson and vandalism, and discourage neighborhood stability and revitalization. C. The governing body of the municipality finds and declares that there are vacant residential properties located within the community that constitute a nuisance which require the abatement or removal of the nuisance by summary proceedings. Where a creditor has filed a summons and complaint for the foreclosure of a mortgage on a residential property that is vacant, the creditor is responsible for the abatement or removal of the nuisance. D. The governing body of the municipality finds and declares that there are vacant residential properties located within the community that have violations of the Property Maintenance Code which require affirmative action to correct the violation to protect the public health, safety and welfare. Where a creditor has filed a summons and complaint for the foreclosure of a mortgage on a residential property that is vacant, the creditor is responsible for the correction of the violation of the property Maintenance Code. E. It is the purpose and intent of these regulations to require the registration of residential properties where a creditor has filed a summons and complaint for the foreclosure of a mortgage on the property so that the municipality can identify these properties, inspect the structures, monitor the condition of the properties, insure that the properties are maintained, and have a data base of information to contact and provide legal notice to the creditor. Definitions. As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended. Any words not defined herein shall have the meaning given in Webster’s Unabridged Dictionary. CREDITOR A state charted bank, savings bank, saving and loan association or credit union, any person required to be licensed under the provisions of the New Jersey Licensed Lenders Act, ___ and any entity acting on behalf of the creditor named in the debt obligations, including , but not limited to, servicers. IMMEDIATE FAMILY MEMBER COUNCIL BUSINESS MEETING December 22, 2021 Page | 3 Grandfather, grandmother, father, mother, son, daughter, grandson, granddaughter, brother, sister, uncle or aunt. RESIDENTIAL PROPERTY All real properties used, designated, or zoned as a residential property or residential dwelling. VACANT PROPERTY Any building used, or to be used, which is not legally occupied or at which substantially all lawful construction, operation, or occupancy has ceased; provided, however, that any property that contains all building systems in working order, is fully compliant with property maintenance codes, and is being actively marketed by its owner for sale or rental shall not be deemed vacant. Property determined to be “abandoned property” in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property for the purposes of this article. Property Maintenance Code. The Property Maintenance Code of the municipality is hereby made applicable to all residential properties where a creditor has filed a summons and complaint for the foreclosure of a mortgage, or has already obtained a judgment of foreclosure. Registration. A. A creditor filing a summons and complaint to foreclose a mortgage on a residential property within the municipality, or any creditor that has obtained a judgment of foreclosure, must register the dwelling with the municipality through the Lindenwold Construction Office within ten (10) days from the date when the complaint was filed with the court, or within ten (10) days of the enactment of the Ordinance, in the event a judgment has already been entered by the court. B. The registration form shall include the full name and contact information of an individual located within the State of New Jersey who is authorized to accept service on behalf of the creditor. The registration form shall be accompanied with a registration fee as listed in the Borough Fee Schedule Chapter 150, Section 49 for each dwelling. There shall be no proration of fees paid during the course of the year. Registration forms shall be available at the Lindenwold Construction Office. Registrants shall mail the completed and executed form to the Lindenwold Construction Office along with a check made payable to the municipality. A registration form is required for each house, townhouse, condominium, or duplex that is the subject of a foreclosure action. Registration and payment of the fee under this Ordinance, shall fulfill the owner’s obligations under Article III, Chapter 238 of the Lindenwold Code. C. The registration fee covers the cost of administering the program and up to two inspection of the residential dwelling. Thereafter, an inspection fee as listed in the Borough Fee Schedule Chapter 150, Section 49D shall apply to subsequent inspections during the year. One of the purposes for the initial inspection is to establish a baseline condition for the subject property. D. Property registration shall be renewed every 12 months. The renewal form shall be due on the anniversary date following the original registration date. Failure to register a property on a timely basis shall result in the assessment of civil penalties. It shall be the responsibility of the registrant to notify the Lindenwold Construction Office in writing whenever there is a change in the contact information of the registrant. Responsible party. A. The homeowner in possession of the subject property is the responsible party for the upkeep of the property. B. If a residential property becomes vacant at any point subsequent to the filing of the summons and complaint but prior to vesting of the title in the creditor, the creditor is the responsible party for the upkeep of the property. The creditor shall be responsible for the care, maintenance, security, and upkeep of the exterior and interior of the vacant property. C. If in the event a creditor is not located in the State of New Jersey, the creditor must appoint an in-state representative or agent to act for the foreclosing creditor. An out-of- state creditor shall provide the Borough of Lindenwold with the full name, and contact information, including address, telephone number, cell phone number, email and email address, of the in-state representative of the foreclosing creditor. The in-state- representative/agent information shall be provided to the Lindenwold Construction Office within 30 days of the filing of a summons and complaint in a foreclosure action, or within 10 days of the date of the enactment of this Ordinance in the event a foreclosure judgment has already been obtained by the creditor. Inspections. Once a home is registered, the Lindenwold Construction Office shall send an inspector to the property to determine whether there are any violations of the Property Maintenance Code. After the inspection, a letter shall be sent to the responsible party indicting what problems must be remedied. The letter shall state the time period for the completion of COUNCIL BUSINESS MEETING December 22, 2021 Page | 4 the work. A reinspection of the property shall take place at the end of that time period to determine whether compliance has occurred. A vacant property, as defined in this ordinance shall be subject to additional inspections by the Lindenwold Construction Office, which shall occur at least once per year, at the discretion of the Construction Official. The charge for any such reinspection shall be listed in Chapter 150, Section 49D. Violations and penalties. A. It shall be unlawful for any person to be in conflict with, or in violation of, any of the provisions of this chapter, or the Municipal Property Maintenance Code. B. The construction office of the Borough of Lindenwold shall issue a notice of any violation pursuant to this chapter, or any violation of the Lindenwold Property Maintenance Code under the same procedures as set forth in the Municipal Property Maintenance Code. If the creditor has violated this Ordinance, or the Property Maintenance Code by failing to provide for the care, maintenance, security, and upkeep of the exterior or interior of the property, or any other violation of the property code, the creditor shall be permitted 30 days from their receipt of the notice to correct the violation, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety. C. Any person who shall violate the regulations contained herein shall be subject to fines and penalties as listed in Chapter 1, Section 1 of the Lindenwold Borough Code. Each day a violation continues shall be construed as a separate offense. Assessment of lien. If the municipality expends public funds in order to abate a nuisance or correct a violation of the Property Maintenance Code on a residential property in situations in which the creditor was given notice pursuant to this article, but failed to abate the nuisance or correct the violations as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property. The municipality may assess a lien against the subject property for the moneys expended by the municipality. The lien may be enforced and collected in the same manner as real estate taxes are enforced and collected. This ordinance shall take effect upon proper passage and publication according to law. 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 Councilwoman Hess that Resolution 2021:211-218 be adopted as read. Roll call vote was in the affirmative. Councilman Jackson abstained from Resolution 2021:212. Motion carried. Resolution 2021:211 Apt. Joint Land Use Bd. WHEREAS, under the Municipal Land Use Law, Class IV appointments are to be made by the Mayor, and WHEREAS, a vacancy exists on the Joint Land Use Board due to a resignation, and WHEREAS, after considering candidates for this appointment, Janine Masciulli has been recommended to fulfill the unexpired vacancy. THEREFORE, BE IT RESOLVED by the Mayor of the Borough of Lindenwold, New Jersey that Janine Masciulli be hereby appointed as members to the Joint Land Use Board to fulfill the unexpired term to December 31, 2024. Resolution 2021:212 Authorize Private Sale WHEREAS, the Borough of Lindenwold issued a cell phone for the use by Councilman Justin Jackson of the Borough of Lindenwold, and WHEREAS, Councilman Justin Jackson has requested to purchase this cell phone at a private sale due to his resignation from Lindenwold Council, and WHEREAS, N.J.S.A. 40A:11-36 allows the sale of personal property under $2,500 by resolution. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that this offer of purchase is accepted and will be completed by the Business Administrator. Resolution 2021:213 Hire Deputy Court Administrator WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold has determined a need for a Deputy Court Administrator within the Camden Vicinage to assist the Court Administrator due to the recent resignation of the Court Administrator, and COUNCIL BUSINESS MEETING December 22, 2021 Page | 5 WHEREAS, the Borough of Lindenwold is currently working with the New Jersey Municipal Court Division regarding the staffing of the Lindenwold Court, and WHEREAS, interviews were conducted with approval from the Camden County Assignment Judge for the appointment of Candice Polite. . THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough to hereby authorize the hiring of Candice Polite as Deputy Court Administrator starting January 10, 2022 with a starting salary of $45,000. Resolution 2021:214 Hire Crossing Guard WHEREAS, the Police Department of the Borough of Lindenwold has determined a need for a Crossing Guard, and WHEREAS, the Police Department recommended Kenneth William Humes, and WHEREAS, the procedure for hiring is by Resolution. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough to hereby authorize the hiring of Kenneth William Humes as a Crossing Guard with a starting date of January 1, 2022. Resolution 2021:215 Refund Street Opening Escrow WHEREAS, Jimmy Venziano of Venziano Concrete and Construction LLC submitted an escrow of $700.00 for a street opening permit for 234 W. Elm Avenue 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 Jimmy Venziano of Venziano Concrete and Construction LLC as the job was been completed and inspected. Resolution 2021:216 Authorizing the Borough of Lindenwold to Execute a Certificate of Completion for the Arborwood Redevelopment Project 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 certain work to rehabilitate the property designated as the Arborwood Redevelopment Area, as defined therein; and WHEREAS, the Borough of Lindenwold and AW Urban Renewal, LLC, amended the Redevelopment Agreement to further specify the Redeveloper’s landscaping obligation as set forth in Paragraph 3(a)(2) of the Redevelopment Agreement, and executed a Third Addendum to the Redevelopment Agreement on August 12, 2021, which detailed AW Urban Renewal’s obligation to perform landscaping work in the Arborwood Redevelopment Area, pursuant to the Redevelopment Agreement; WHEREAS, AW Urban Renewal has substantially completed the work necessary under the Redevelopment Agreement, and all Addendums to the Redevelopment Agreement, for the issuance of a Certificate of Completion pursuant to the Redevelopment Agreement; NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Lindenwold, that the Mayor is authorized to execute the Certificate of Completion pursuant to the Redevelopment Agreement, subject to final approval from the Construction Official and Borough Solicitor, that all rehabilitation work as set forth in the Redevelopment Agreement and all Addendums to the Agreement, has been satisfactorily completed pursuant to the aforementioned Agreement(s). Resolution 2021:217 Budget Transfers BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following transfers be made to the 2021 Budget in accordance with N.J.S 40A:4-58: From To General Fund Compliance OE 24,500.00 Telephone and Telegraph OE 4,500.00 Accumulated Leave Comp. OE 20,000.00 Total 24,500.00 24,500.00 COUNCIL BUSINESS MEETING December 22, 2021 Page | 6 Resolution 2021:218 HEIL National Joint Power Alliance Contract Whereas, the Borough of Lindenwold, pursuant to N.J.S.A. 52:34-6.2 (B) (3) may, by Resolution and without advertising for bids, purchase any goods or services through the National Joint Power Alliance, and Whereas, the Borough of Lindenwold desires to purchase two 2022 Crane Carrier LET2-46 with HEIL automated trash Loaders through the National Joint power alliance entitled contract number 112014 – THC Whereas, the Heil Company (Mid-Atlantic Waste Systems) has been awarded the contract for two 2022 Crane Carrier LET2-46 with HEIL automated trash Loaders. And Whereas, the Mayor and Council of the Borough of Lindenwold recommend the utilization of this contract on the grounds as the best means available to obtain the vehicles; and Whereas, the two 2022 Crane Carrier LET2-46 with HEIL automated trash Loaders shall not exceed the amount of $700,214.00; and Whereas, funding for this resolution is available by Capital Funds; and Now, Therefore, Be It Resolved by the mayor and the Borough of Lindenwold, County of Camden and State of New Jersey as follows: 1. The Borough of Lindenwold hereby authorizes the purchase of the two 2022 Crane Carrier LET2-46 with HEIL automated trash Loaders from the HEIL Company (Mid-Atlantic Waste Systems) through National Joint Power Alliance Contract # 091219–THC. 2. The total fee also authorized for this contract shall not exceed $700,214.00 without prior written approval from the Borough Council. 3. The Mayor, Borough Clerk and/or such other officials as is necessary and proper are hereby authorized to execute documents necessary to implement this resolution. 4. A copy of this resolution shall be provided to the Borough Treasurer and the HEIL Company (Mid-Atlantic Waste Systems) for their information and guidance. Mayor Roach opened the meeting to Council. President Randolph-Sharpe thanked the Police Department for their pro-active response to the threat on Tik-Tok regarding school violence. They coordinated with the school to keep all students safe. She announced the special school election on January 25 for the new building. School will be closing for the holidays and she wished everyone a safe and happy holiday. Finally, she shared the sighting of a red tail hawk in her neighborhood. Councilwoman Hess wished everyone a happy holiday and Happy New Year. Councilman Lenkowski commended Council on the Redevelopment project. He wished everyone a Merry Christmas and Happy New Year. Councilman Jackson wished everyone a Merry Christmas and Happy New Year. He also thanked the Lindenwold Police Department for assisting the parade for Our Lady of Guadalupe Church. He also invited everyone to participate in the Polar Bear Plunge in Atlantic City with him and his family. Councilwoman Sinon encouraged the residents to look after the seniors in the community who may not be able to visit with their families this year. She wished everyone a great holiday and Happy New Year. Business Administrator spoke of the generosity and kindness of the Mayor who participated with the Shop with the Cop Program and paying for the children who went over their limit. The Mayor spoke of the experience. She also wished everyone a Merry Christmas and Happy New Year. Mayor Roach opened the meeting to the public. Diane Veteri, resident, questioned the approval of minutes of the prior year. She requested a list of the candidates for the Joint Land Use Board and qualifications. She also questioned the number of absences for Council. There being no one else desiring the floor, Mayor Roach closed the meeting to the public. Mayor Roach re-opened the meeting to Council. Councilwoman Sinon responded to the resident that the Board of Health is required to meet once a year. Motion to reopen to the public. Barbara Walton, resident, representing Lighthouse Deliverance whose mission is also to give back to the community. Trevor Shaw, resident, questioned the access to the community center. He also questioned the event tab. He commented on the beautiful new Welcome to Lindenwold signs. COUNCIL BUSINESS MEETING December 22, 2021 Page | 7 There being no one else desiring the floor, Mayor Roach closed the meeting to the public. Mayor Roach thanked Councilman Jackson for his years of service to the community, especially with Park and Recreation. He wished everyone a Merry Christmas and Happy New Year. He spoke of the protocol for the upcoming Reorganization Meeting on January 5, 2022. Motion was made by President Randolph-Sharpe, second by Councilman Jackson that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried. DATED: January 26, 2022 ________________________________ Deborah C. Jackson, RMC Borough Clerk