Borough Council

COUNCIL BUSINESS MEETING February 9, 2022 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, Lenkowski, Patton, Sinon, President Randolph-Sharpe, and Mayor Roach. Resolution 2022:76 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 Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2022:76 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski 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 Lenkowski that the Council Meeting for January 5, 2022 and for Council Meeting and Executive Session for January 26, 2022 be adopted as presented. Roll call vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe second by Councilman DiDomenico 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 $1,764,528.71 b. Sewer Report $ 59,198.42 c. Treasurer’s Report $ 3,317.84 Second Reading Ordinance 2022-01 An Ordinance Amending Chapter 242 Records, Public Access to for the Borough of Lindenwold 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 2022-01 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, under N.J.S.A. 47:1A-5c, OPRA allows public agencies to impose special service charges whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this section is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or when fulfilling a request requires an extraordinary expenditure of time and effort, and WHEREAS, Special service charges must be based upon the actual direct cost of providing the copy or copies, and WHEREAS, based on OPRA, the municipality wishes to solidify requests for government records. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows: § 242-1 Purpose. New Jersey has adopted the Open Public Records Act which has as its general purpose making government records more available to the public than they have been in the past. In certain instances, the production of archived records or records in a format which is not the usual format maintained by the municipality or other special circumstances would be costly and time consuming. The New Jersey Public Records Act permits the municipality to require the payment of fees, special service charges and/or special charges as a prerequisite to the production of records requiring extraordinary time and effort, special equipment or special formatting. § 242-2 Ordinary requests for information. The statutory fee schedule shall apply to routine requests under the Open Public Records Act. The fees of N.J.S.A. 47:1A- 5 are hereby incorporated herein as such fee schedule presently exists or as such fees might appear in future modifications or amendments of the statute. At present time, fees under N.J.S.A. 47:1A-5 for routine copies of municipal documents are listed under Chapter 150-2 Fee Schedule. In additional the following is added: A Actual postage for any documents sent by mail. B. Actual costs for the envelope for any documents sent by mail. C. Photographs will be photocopied at the actual cost. If requests are made for supplicate photographs, the actual cost of making the photographs shall be charged. D Duplication of videotapes, computer disc, CD-ROM and/or DVD will be charged the actual costs to provide this record. E. Any document that has to be retrieved from the off-site record archive facility will be charged the actual costs to retrieve this document. § 242-3 No research or interpretation may be compelled. Nothing in this article shall require the custodian of documents or any other municipal official to examine, analyze, tabulate, or interpret documents which are subject to production under the New Jersey Open Public Records Act. COUNCIL BUSINESS MEETING February 9, 2022 Page | 2 § 242-4 Special services charges; special charges authorized. A. Charges authorized. The Borough Clerk or other custodian or keeper of documents qualifying for mandatory production as "governmental records" under the New Jersey Public Records Act shall be entitled to special service charges and/or special charges as set forth in Section 25-5 below. B. Requests to be in writing. Any requests for documents shall be made to the Borough Clerk on a form established by the Borough Clerk for such purposes. C. Advance notice of fees; special service charges and special charges; deposit. Any requester of government records which are eligible for the imposition of a special charge or special service charge under Section 242-5 below shall receive advance notice of the amount of fees and charges before any work is started. The Borough Clerk shall require prepayment of such charges before causing the work to begin. § 242-5 Fees, special services charges and special charges when charged; amounts authorized. A. Duplication or other work beyond capability of municipal-in-house work force. Whenever the in-house municipal work force or available municipal equipment is insufficient to duplicate or produce government records in a timely fashion, the Borough Clerk may cause such duplication or production to be accomplished by outside vendors such as copy centers or producers of digital images. If the costs of such duplication or production charged by such vendors exceeds the routine charges set forth in N.J.S.A. 47:1A-5, the actual direct cost of same without any additional surcharge for labor costs shall be paid. B. Special service charges authorized. Whenever government records cannot be reproduced by regular copying equipment or fulfillment of the request would involve extraordinary expenditure of time and effort to accommodate the request (for example, where a large number of records must be recovered from storage or substantial staff time is required to review, sort and assemble records), charges may be imposed as follows: (1) The actual cost (materials and supplies but no staff labor) of duplication or reproduction; plus (2) A special service charge of $25 per hour or the actual direct cost of labor (if less) shall be imposed for each hour of extraordinary time predicted to be utilized to respond to the request. (3) Rates for in-house production of prints or blueprints. Any prints or blueprints produced in-house in response to a governmental records request shall be produced for actual cost of labor and materials for reproduction of such prints or blueprints. C. Cost of GIS data. The cost of any GIS data owned by the Borough of Lindenwold shall be actual cost of labor and materials for reproduction of such data. D. Digital records. If a request for governmental records involves production or conversion of digital or computerized records or film which is: (1) In a medium not routinely used by the agency (i.e., electronic or film); (2) Not routinely developed or maintained by an agency; or (3) Requiring a substantial amount of manipulation or programming of information technology; (4) Then requester shall pay fees and special charges as follows: (a) Direct costs (no overhead) to comply with the request; plus (b) Special charges; the cost of technology and labor actually incurred. § 242-6 Application of copyright laws. The Borough of Lindenwold may be compelled by New Jersey Law to produce or duplicate governmental records but no compliance with these legal obligations shall be deemed to constitute a license, sublicense or waiver of copyright laws. § 242-7 Custodians of records; collection of fees. The Chief of Police or some responsible police personnel designated by him shall be custodian of Police Department records. The Borough Clerk shall be custodian of all other records of the Borough of Lindenwold These officials shall reproduce or cause to be reproduced requested copies of records in their custody and shall collect the fees and charges designated in Section 242-2. Such fees and charges shall be delivered to the Borough Treasurer within forty-eight (48) hours of their receipt. § 242-8 Effect on other legislation. Nothing herein contained shall prevent any person from examining and making copies of any public record, not otherwise restricted, without charge as provided in Chapter 73 of the Laws of New Jersey 1963. (N.J.S.A. 47:1A-1 et seq.) § 242-9 Exceptions. There shall be no charge for copies of reports or other documents which the borough shall be required to give and/or make for any public officer or law enforcement authority or which may be given to aid any public officer or law enforcement authority in the enforcement of the law. Second Reading Ordinance 2022-02 An Ordinance Amending Chapter 150 Fee Schedule 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 DiDomenico that Ordinance 2022-02 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 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: § 150-29 Charges for sewer service. A. Annual rate. (1) One hundred sixty-six dollars ($166) per domestic consumer unit when paid in total on July 1. (2) One hundred seventy dollars ($170) per domestic consumer unit when not paid in total on July 1. (3) Ninety-nine dollars ($99) per year: Lindenwold residents who receive $250 deduction for senior/disabled and surviving spouse. COUNCIL BUSINESS MEETING February 9, 2022 Page | 3 B. Additional fee of $14 per year for garbage disposal. C. Interest/penalties. Payment is due by the due date or a penalty will be assessed in accordance with state statute N.J.S.A. 40:14A-21 at the rate of 1 1/2% per month (18% per annum). This ordinance shall take effect upon proper passage and publication according to law. First Reading Ordinance 2022-03 Amend Chapter 46 Police Department, Section 46-5, membership Motion was made by President Randolph-Sharpe, second by Councilman DiDomenico that Ordinance 2022-03 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 Governing Body of the Borough of Lindenwold eliminated the position of Deputy Chief under Ordinance #1278 in 2011, and WHEREAS, the Attorney General’s Office for the State of New Jersey continues to impose mandates, regulations, and guidelines by which the Lindenwold Police Department operates, and WHEREAS, in order to operate in the most efficient manner in meeting these requirements a review of duties of the Superior Officers was conducted, and WHEREAS, it was determined that there is a need to reinstate the position of Deputy Chief in the best interest and public safety of the residents of Lindenwold, and WHEREAS, it is recommended that Chapter 46, Article II, Section 46-5 be amended as following: There is hereby created in and for the Borough of Lindenwold a Police Department, which shall consist of no more than a Chief of Police, one Deputy Chief of Police, one Captain, two Lieutenants, eight Sergeants and thirty Patrolmen.positions. THEREFORE, BE IT ORDAINED by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey that Chapter 46, Article II, Section 46-5 be amended to include the position of Deputy Chief of Police. This ordinance shall take effect upon proper passage and publication according to law. First Reading Ordinance 2022-04 Repeal Chapter 145, Article I Environment Commission Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that Ordinance 2022-04 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 had established the Environmental Commission as part of the original Code, and WHEREAS, the governing body has determined that it is in the best interests of the Borough to dissolve the Environmental Commission in an effort to reduce operating expenses, and effectuate other means relating to the concerns of the environment. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows: Chapter 145, Article I, shall be repealed. 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 Councilman Lenkowski that Resolution 2022:77-79 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Resolution 2022:77 Police Administrative Contract WHEREAS, the Borough of Lindenwold established the non-contractual position of Police Administrative Services Manager, and WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold has negotiated a new four year contract (2021 – 2024) for this position, and WHEREAS, this contract amends the terms and conditions of employment of the previous contract with a salary of $73,583 for 2021 (retroactive to January 2021), and for 2022 through 2024, the salary increase will commensurate with the non-contractual percentage increase. WHEREAS, there is a need to authorize the signing of the employee’s contract. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Mayor Roach is hereby authorized to sign the employment contract for the position of Police Administrative Services Manager. Resolution 2022:78 Budget Transfer BE IT RESOLVED by Mayor and Borough Council of the Borough of Lindenwold that the following transfers are made to the 2021 Appropriation Reserves: Budget Account From To Police S & W 35,000.00 Accumulated Comp 20,000.00 Unemployment Comp 15,000.00 Total 35,000.00 35,000.00 Resolution 2022:79 Amend Resolution for Vehicles under Enterprise Cooperative Purchasing 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 executed a contract with Enterprise Fleet Management for vehicles for the Public Works Department under Resolution 2021:116 for a 2022 Ford F250, 2022 Ford F-350 and 2022 Ford F-450; and WHEREAS, there has been an increase in material costs resulting in a surcharge of $2,907.00 to all orders, and COUNCIL BUSINESS MEETING February 9, 2022 Page | 4 WHEREAS, the Borough of Lindenwold has a not to exceed amount including the new surcharge of $240,276.30 with the equity lease agreement made payable over a period of five years according with Year 1 $93,010.86 to include the surcharge, Year 2 $36,816.36, Year 3 $36,816.36, Year 4 $36816.36, Year 5 $36,816.36. BE IT 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 2022:80 Resolution Authorizing Application For Program Year 2022 Community Development Block Grant, Borough Of Lindenwold, County Of Camden, State Of New Jersey Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2022:80 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Camden County Improvement Authority provides funding for certain infrastructure improvements or services under Community Development Block Grant Funding; and WHEREAS, the Governing Body has chosen to submit an application for Program Year 2022; and WHEREAS, the Governing Body has agreed to apply for funding for the following project: Reconstruction of Aman Avenue from Winthrop Avenue to Brighton Avenue & Bilper Avenue from Winthrop Avenue to Andrea Avenue NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Lindenwold, County of Camden, State of New Jersey that the Mayor is hereby authorized to execute the Project Description Form for Program Year 2022 along with the Community Development Grant Agreement. Matthew Magill of Remington and Vernick presented the Engineer’s Report with the update to the Reconstruction of Cooper Avenue. Mayor Roach opened the meeting to Council. Councilman DiDomenico presented the January Police Department report including 2,407 total calls. Councilwoman Hess presented the January Public Works Department report including 141 tons of trash collected and 81.7 tons collected for recycling. There were no accidents or injuries reported. The Sewer Report included 69 service calls. President Randolph-Sharpe wished everyone a Happy Black History Month. She presented the January report for the Code Office including the issuances of certificates of occupancy, smoke inspections and violations. She updated the residents on the efforts to work with the school to update Channel 192. A meeting has been scheduled to discuss the updates to the website. She also provided events that occurred today relating to Black History Month including in 1965 Dr. Martin Luther King met with President Johnson to discuss voting rights. Councilman Lenkowski provided information for the upcoming school play the end of March. He encouraged everyone to come out to support these students. He also thanked the Police Department for their response to his house due to the alarm. Councilwoman Patton stated that the Lindenwold Library has been the only library open in the area. She thanked the library for being available to all those needing their services. Camden County has plans to reopen possibly next week. She also encouraged everyone to pick up the Valentine craft. Tax forms for 2021 are also available. She also reminded the residents about volunteering for the Public Events Committee. Councilwoman Sinon was able to update the residents regarding the Camden County program for seniors for snow removal. There were over 700 calls for this program. The County will be reviewing in order to address problems that occurred. She had flyers available. She provided updates to the free Covid test kits which one resident stated was received. The free masks are starting to be distributed. The FDA has warned that tests from South Korea may not be accurate as they have not receive FDA approval. Governor Murphy announced the school mask mandate will be lifted on March 7. There have been a reduction in Covid cases. Mayor Roach opened the meeting to the public. Diane Veteri, resident, addressed the Mayor’s plan to improve the image of Lindenwold now that the Arborwood project has been completed. Les Engels, resident, addressed the concerns for dissolving the Environmental Commission. He feels this is vital to the community. Noele Walters, resident, spoke of her attempt to join the Environmental Commission and spoke of the importance of this Commission and impact to the community. Trevor Shaw, resident, thanked President Randolph-Sharpe for her updates. He questioned Councilwoman Sinon for more information regarding the apple tag. He questioned Council about efforts to become Sustainable Certified without Environmental Commission. Mayor Roach re-opened the meeting to Council. President Randolph-Sharpe will try to find more information regarding the apple tags for the residents. Councilwoman Sinon added that information is also available for Android devices and will provide. President Randolph-Sharpe was sorry to hear that Little Tuna closed and thanked them for coming to Lindenwold. Mayor Roach addressed the matter regarding the Environmental Commission, which is not eliminating projects in the community. 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: March 9, 2022 ________________________________ Deborah C. Jackson, RMC Borough Clerk