Borough Council

COUNCIL BUSINESS MEETING March 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 and Moment of Silence for the passing of Mayor Wright of Winslow Township, Officer Singleton’s family, and the people of Ukraine. Roll Call of Council Members Present: DiDomenico, Hess, Lenkowski, Patton, Sinon, President Randolph-Sharpe, and Mayor Roach. Resolution 2022:81 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 Councilman Lenkowski that Resolution 2022:81 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. Resolution 2022:82 Proclamation Lindenwold Chargers Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2022:76 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Whereas, the Mayor and Council of the Borough of Lindenwold wishes to recognize the accomplishments of the Lindenwold Chargers Youth Football Organization; and Whereas, several teams qualified for the TCMFL American Conference Championships; and Whereas, the following teams should be recognized for winning the TCMFL American Conference; and Whereas, Lindenwold would like to congratulate the Freshmen team (age 6-7) under Head Coach Lee Smalls on their victory with a record of 10 wins and 2 losses; and Whereas, Lindenwold would like to congratulate the Sophomore team (ages 8-9) under Head Coach Taalib Henderson on their victory with a record of 12 wins and 0 losses; and Whereas, Lindenwold would like to congratulate the Junior team (ages10-11) under Head Coach Amir Drennon on their victory with a record of 12 wins and 0 losses; and Whereas, Lindenwold would like to congratulate the Junior Varsity Junior team (ages 10-11) under Head Coach Dalia LaBoy as they went on to win the TCMFL Eastern Conference Championship with a record of 12 wins and 0 losses. Now, Therefore, Be It Resolved by the Mayor and Borough Council of the Borough of Lindenwold to proclaim March 9, 2022 in honor of the athletes and their coaches for their victories during the 2021 Football Season; and Therefore, Be It Further Resolved that the Mayor and Borough Council of the Borough of Lindenwold wishes the Lindenwold Chargers Youth Football Organization continued success in the future. President Randolph-Sharpe presented the plaque to the organization. Mayor Roach requested a recess. Motion was made by President Randolph-Sharpe, second by Councilman DiDomenico that the Council Meeting and Executive Session for February 9, 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 $5,353,827.85 b. Sewer Report $ 28,784.85 c. Treasurer’s Report $ 6,018.96 Second Reading Ordinance 2022-03 Amend Chapter 46 Police Department, Section 46-5, membership COUNCIL BUSINESS MEETING March 9, 2022 Page | 2 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 2022-03 be adopted as read on second reading. 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 Patrolman.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. Second Reading Ordinance 2022-04 Repeal Chapter 145, Article I Environment Commission Mayor Roach opened the meeting to the public. Les Engels, resident, stated his objection to repealing this Commission. The Mayor advised the residents that events would still be conducted as well as encouraging private organizations. Resident claimed a disservice is being done to this town. Councilman DiDomenico expressed his experience on the Commission as well as a lack of public interest. 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 2022-04 be adopted as read on second reading. Roll call vote was in the affirmative with Councilman Lenkowski and Councilwoman Patton voting against. 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. First Reading Ordinance 2022-05 An Ordinance Amending Chapter 199, Article III Licensing Procedures of the Borough of Lindenwold Mercantile Licenses Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Ordinance 2022-05 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, the Borough of Lindenwold wishes to ensure the safety of its residents regarding individuals/companies wishing to register as transportation other than a taxi company, and WHEREAS, the Borough of Lindenwold wishes to add these types of businesses under its regulations of Mercantile Licenses. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, to add another section of its Mercantile Licenses regarding the licensing of limousines or other types of transporting services other than taxi company as follows: COUNCIL BUSINESS MEETING March 9, 2022 Page | 3 Add: Limousine or other type of transportation service A. Anyone operating a limousine or other type of transportation service other than a registered taxi cab within the Borough of Lindenwold shall be subject to the requirements of this section. B. Persons covered by this section shall be required to obtain a mercantile license from the Borough prior to engaging in any commercial activity within the Borough. C. The mercantile license shall be issued to a qualifying individual by the assigned municipal employee following the submission of an application, payment of the appropriate fee and a clean background investigation. D. No mercantile license shall be issued to an individual not legally residing in the United States or who has been convicted of a crime of moral turpitude or who does not have valid driving privileges in the State of New Jersey. E. The applicant for a mercantile license must, as part of the application, provide proof of business and vehicle(s) licensed for transportation with the State of New Jersey and completed all guidelines under N.J.S.A. 48:16--22 including proof of insurance on the vehicle(s) to be used by the applicant with a minimum liability coverage of $1,500.000,000 listing the Borough of Lindenwold as Certificate Holder along with a copy of a valid New Jersey vehicle(s) registration and licensed for transportation by the State of New Jersey. F. Every applicant for a mercantile license hereunder shall set forth the full name and address of the applicant, his or her date of birth, whether or not he or she is a legal resident of the United States, and whether or not he or she has ever been convicted of a crime and, if so, the crime convicted of, the place and date of conviction and the punishment thereof. Such applicant shall provide a valid driver's license from the State of New Jersey. This section also applies to any other person who will be operating a vehicle for applicant. Each applicant/operator(s) shall, at the time of filing the application, report to the Borough Police Department to obtain the paperwork required for fingerprinting by the state-recommended vendor. The applicant must consent to his fingerprints being used for any appropriate background investigation and drug testing as defined by N.J.S.A. 2C:35-2 of the Comprehensive Drug Reform Act of 1987. G. If the mercantile license is issued, the assigned municipal employee shall issue a permit card in evidence thereof setting forth the number of the license and the name, address and date of birth of the license holder. The permit card shall be signed by the Code Enforcement Officer or designee and at all times of operation shall be conspicuously displayed in the vehicle used for the permitted activities. H. If the location of the business is operating in an area designated as Residential, applicant may be required to submit an application to the Joint Land Use Board. First Reading Ordinance 2022-06 Amending Chapter 150 Fee Schedule Motion was made by President Randolph-Sharpe, second by Councilwoman Sinon that Ordinance 2022-06 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 licenses. Addition: Business License Fee Limousine or other type of transportation service$50.00 per vehicle § 150-40 Uniform Fire Safety Code A. Non-life-hazard uses. Local Use Code Current 29% increase Description R-1 42.00 54.00 Residential, multifamily 1- 3 units COUNCIL BUSINESS MEETING March 9, 2022 Page | 4 R-2 90.00 117.00 Residential, multifamily 4 - 10 units R-3 120.00 154.00 Residential, multifamily 11-20 units R-4 150.00 193.00 Residential, multifamily 21-40 units R-5 180.00 232.00 Residential, multifamily 41-60 units R-6 210.00 270.00 Residential, multifamily 61-80 units R-7 240.00 310.00 Residential, multifamily 81-100 units R-8 340.00 440.00 Residential, multifamily 101- above C-1 42.00 54.00 Commercial, less than 3,000 sq ft C-2 77.50 100.00 Commercial 3001to 9000 sq ft C-3 155.00 200.00 Commercial 9001to 15,000 sq ft C-4 193.75 250.00 Commercial 15,001to 25,000 sq ft C-5 232.50 300.00 Commercial 25.001 to 50,000 sq ft C-6 271.25 350.00 Commercial 50,001 to 100,000 sq ft C-7 310.00 400.00 Commercial 100,001to 200,00 sq ft C-8 348.75 449.00 Commercial 200,001 to 300,000 sq ft C-9 400.00 516.00 Commercial 300,001 to 400,000 sq ft C-10 450.00 580.00 Commercial 400,001 to 500,000 sq ft 0-1 42.00 54.00 Other use group requiring inspection Additional: Uniform Fire Code Permit fees (Previously listed under Chapter 160-25) A. The permit fee established by the Uniform Fire Code (This fee changes as the Uniform Fire Code changes) (1) Type I: $54. (2) Type II: $214. (3) Type III: $427. (4) Type IV: $641. (5) Type V: Reserved. B. Fees for Borough of Lindenwold sponsored events will be waived. Section 2 Amend Chapter 160-25 Permit fees See Chapter 150 for Uniform Fire Code Permit fees CONSENT AGENDA: The items listed below are considered routine by the Borough of Lindenwold and will be enacted by one motion. There will be no formal discussion of these items. If discussion is desired, this item will be removed from the Consent Agenda and will be considered separately. Resolution 2022:83-89 Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski that Resolution 2022:83-89 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Resolution 2022:83 Property Maintenance Lien 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 2/14/2022 72 6 500 Gibbsboro Rd.(trash) $231.00 3/01/2022 120 3 10 S. White Horse Pk.(cleanup) $278.00 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that a lien be put on the properties. Resolution 2022:84 Waive Permit Fees WHEREAS, the Borough of Lindenwold has authorized Remington and Vernick to proceed with the Repaving of Linden Town Phase 2, and WHEREAS, New Jersey American Water has been replacing water mains throughout Camden County, and COUNCIL BUSINESS MEETING March 9, 2022 Page | 5 WHEREAS, New Jersey American Water has submitted permits for the water main replacements in the area for the repaving of Linden Town, and WHEREAS, the Borough of Lindenwold wishes to expedite New Jersey American Water’s water main project prior to the repaving of Linden Town Phase 2 as a moratorium will being issued to preserve the roadway, and WHEREAS, in order to expedite the New Jersey American Water project, the Public Works Supervisor has requested the permit fees be waived for the following: Permit # 22-9 E. Elm Ave Permit # 22-10 Myrtle Ave Permit # 22-11 S. Holland Ave Permit # 22-12 Myrtle Court NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to hereby authorize the above request to waive the permit fees for New Jersey American Water. Resolution 2022:85 Authorizing the Application to the NJ Clean Energy Prog. Community Energy Planning Grant Program WHEREAS, a sustainable community seeks to ensure that it’s environmental, economic and social objectives are balanced and mutually supportive; and WHEREAS, The Borough of Lindenwold strives to assure clean land, air and water for current and future generations; and WHEREAS, New Jersey’s Energy Master Plan: Pathway to 2050 (“EMP”) established that community-level action is necessary to achieve the state’s goal of 100% clean energy by 2050; and WHEREAS, the New Jersey Board of Public Utilities has created a Community Energy Plan Grant program for municipalities to develop a community energy plan to meet the goals of the state’s Energy Master Plan; and WHEREAS, The Borough of Lindenwold is invested in developing a community energy plan to help the state achieve the goal of 100% clean energy by 2050; and WHEREAS, the Community Energy Plan Grant program will help Lindenwold to plan for and invest in renewable energy and to work towards a better environment for all residents by using the state’s Energy Master Plan (EMP) as a guide to develop sustainable strategies that increase clean energy production, reduce energy use, and cut emissions. THEREFORE, the Mayor and Council Members of the Borough of Lindenwold has determined that Lindenwold should apply for the aforementioned Community Energy Plan Grant program; and THEREFORE, The Borough of Lindenwold will commit to providing staff support for the duration of the Community Energy Planning process, including for gathering of relevant data and for convening at least two public meetings. THEREFORE, BE IT RESOLVED, that Mayor and Council Members of the Borough of Lindenwold, State of New Jersey, authorizes the submission of the aforementioned application to the NJBPU Community Energy Plan Grant program. Resolution 2022:86 Dedication By Rider For Library Donations WHEREAS, permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonably accurate estimate in advance; and WHEREAS, N.J.S.A 40A:5-29 provides for receipt of Donations for the Library by the municipality to provide for the operating costs to administer this act; and WHEREAS, N.J.S.A 40A:4-39 provides the dedicated revenues anticipated from Library Donations are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement: NOW, THEREFORE, BE IT RESOLVED by Mayor and the Governing Body of the Borough of Lindenwold, County of Camden, State of New Jersey as follows: 1. The Governing Body hereby requests permission of the Director of the Division of Local Government Services to pay expenditures of Library Donations – N.J.S.A 40A:5-29. 2. The Clerk of the Borough of Lindenwold, County of Camden is hereby directed to forward two certified copies of this Resolution to the Director of the Division of Local Government Services. COUNCIL BUSINESS MEETING March 9, 2022 Page | 6 Resolution 2022:87 Salary for Crossing Guards and part-time Laborers WHEREAS, the Borough of Lindenwold is in compliance with the New Jersey Minimum Wage requirements, and WHEREAS, the State of New Jersey increased the minimum wage to $13.00 per hour in January, 2022, and WHEREAS, the Borough of Lindenwold also increased the hourly rate to $13.00 for both Crossing Guards and part-time Public Works laborers, and WHEREAS, a request for the hourly rate to increase to $15.00 was submitted and considered. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to approve the request to increase the rate of Crossing Guards and part-time Public Works laborers be raised to $15.00 per hour retroactive to January 1, 2022. Resolution 2022:88 Hire Crossing Guard WHEREAS, the Police Department of the Borough of Lindenwold has determined a need for Crossing Guards, and WHEREAS, the Police Department recommended Vermel Turner and Moles Crystal Lynn, 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 Vermel Turner and Moles Crystal Lynn as Crossing Guards with a starting date of March 9, 2022. Resolution 2022:89 Refund Escrow WHEREAS, Commerce Corp. Cleaning Service and Construction Co., LLC submitted an escrow of $700.00 for 424 Ninth Avenue, and WHEREAS, the work was performed with a satisfactory inspection for the concrete work, 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 Commerce Corp. Cleaning Service and Construction Co., LLC as the job was been completed and inspected. Resolution 2022:90 Authorization for an Engineering Study Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2022:90 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Borough of Lindenwold awarded Engineering Services to Remington & Vernick under Resolution 2022:15; and WHEREAS, there is a need for the Borough of Lindenwold to authorize Remington & Vernick Engineers to conduct an engineering study of an area of concern located in the Borough of Lindenwold for the White Horse Pike and United States Avenue. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and the Governing Body of the Borough of Lindenwold to authorize Remington & Vernick to conduct an engineering study of an area of concern located in the Borough of Lindenwold for the White Horse Pike and United States Avenue. Matthew Magill of Remington and Vernick presented the Engineer’s Report with the update to the Reconstruction of Cooper Avenue and submission of CDBG. Mayor Roach opened the meeting to Council. Councilman DiDomenico presented the February Police Department report including 2,102 total calls. He congratulated the newly elected Commissioners of the Fire District. Councilwoman Hess presented the February Public Works Department report including 635 tons of trash collected and 71 tons collected for recycling. The Sewer Report included 93 service calls. President Randolph-Sharpe announced preparations to start for the Spring newsletter to be available in May or June. Welcome package and new tab are still being worked on. She presented the February report from the Code Department including inspections, violations, abatements, and permits. She announced an upcoming event the Borough will be hosting for local businesses. She recognized that March was Women’s History Month as first recognized by President Carter in 1980. She recognized several famous women including Justice Ruth Bader Ginsburg, Ida B. Wells, Susan B. Anthony, Maya Angelou to name a few. She encouraged everyone to recognize a phenomenal woman. COUNCIL BUSINESS MEETING March 9, 2022 Page | 7 Councilman Lenkowski stated that on the school calendar was the upcoming “What to Look for on Internet Safety” on Tuesday, March 15. He encouraged everyone to attend the upcoming school play the end of March. The kids are great and put on a great play. Councilwoman Patton Tax forms for 2021 are available. St. Patrick Craft kits are available to be picked up. She stated that the first meeting for anyone who volunteered for the Public Events Committee is tomorrow. She also stated that background checks are required. The Borough Solicitor added that it is a requirement by the Borough Joint Insurance Fund. Councilwoman Sinon was able to update the residents regarding the Camden County programs for seniors including a Support Group for Caregivers and Bingo. These programs will be available on Zoom. She had flyers available. She reminded residents to renew their pet registration. She informed residents how to check the County status for COVID. Camden County is currently at the medium level. She informed residents of the ap, Docket, to store your vaccination record. After two years, Governor Murphy announced the lifting of the emergency and the restrictions. The Mayor added that businesses might still require masks. Business Administrator updated the public that masks will be encouraged in municipal buildings but no longer mandatory as of March 14 Mayor Roach reviewed rules for public speaking and opened the meeting to the public. Diane Veteri, resident, questioned the Mayor’s meaning of community friendly. Pamela Cole, resident, presented the issue at Crossing’s Way with new signs stating that no parking. She spoke of residents leaving messages about this new mandate without any notification or return calls. She continued to speak of the issue with parking and trash pick-up and emergency vehicle access. Les Engels, resident, addressed the concerns for dissolving the Environmental Commission. He feels this is vital to the community. Yvonne Murry, resident spoke of the problems with school traffic in the area, speeding, and road repair. 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 Councilwoman Sinon and President Randolph-Sharpe for their response regarding tags. He responded about the clean ups that have been conducted. Heather Riggs, resident, requested a traffic light on Spring Garden. Rosa Martinez, resident, spoke regarding a compromise on parking during trash pick-up and snow removal. There being no one else desiring the floor, the Mayor closed the meeting to the public. Mayor Roach re-opened the meeting to Council. Mayor Roach responded to the residents that the size of the new trash vehicles and emergency vehicles are twice the size as before. He apologized for the lack of notification, which should have been on letterhead. He spoke of the problems with island maintenance. He feels the removal of the island would create more parking. Blackwood Clementon Road is a County road and the traffic light recommendation was rejected. Mayor Roach will meet with the Police Chief regarding school parking and speeding. Mayor Roach and residents continued to discuss the situation. Mayor Roach will have the Engineer review and evaluate the parking. 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: April 13, 2022 ________________________________ Deborah C. Jackson, RMC Borough Clerk