Borough Council

COUNCIL CAUCUS MEETING March 23, 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, and Mayor Roach. Excused absence for public session: President Randolph-Sharpe Resolution 2022:91 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 2022 Budget Motion was made by President Randolph-Sharpe, second by Councilman DiDomenico that Resolution 2022:91 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilman DiDomenico to go out of executive session. Voice vote was unanimous in the affirmative. Motion carried. Resolution 2022:92 Promote Captain Cavallaro to Deputy Police Chief Motion was made by Councilman Lenkowski, second by Councilman DiDomenico that Resolution 2022:92 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Whereas, a vacancy exists in the Borough of Lindenwold Police Department in the position of Deputy Police Chief; and Whereas, a list of eligible candidates for appointment to the position of Deputy Police Chief is not available; and, Whereas, the Police Chief recommends that Police Captain Michael Cavallaro be provisionally promoted the position of Deputy Police Chief, effective March 23, 2022. Now, therefore, Be it Resolved, by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey that Police Captain Michael Cavallaro is hereby provisionally promoted to the position of Deputy Police Chief of the Lindenwold Police Department effective, March 23, 2022 at the annual salary in effect for that position, and Be if Further Resolved, that this promotion is subject to the approval of the Civil Service Commission, and Be if Further Resolved, that the Governing Body of the Borough of Lindenwold hereby authorizes the Mayor to execute an Agreement for employment for the position of Deputy Chief. Mayor Roach presented the Oath of Office for Deputy Police Chief Resolution 2022:93 Promote Lt. Mastalski to Captain Motion was made by Councilman DiDomenico, second by Councilman Lenkowski that Resolution 2022:93 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Whereas, a vacancy exists in the Borough of Lindenwold Police Department in the position of Police Captain; and Whereas, the Civil Service Commission has not promulgated a list of eligible candidates for appointment to the position of Police Captain; and, Whereas, the Police Chief recommends that Police Lieutenant Justin Mastalski be provisionally promoted the position of Police Captain, effective March 23, 2022. Now, therefore, Be it Resolved, by the Mayor and Council of the Borough of Lindenwold, County of Camden, State of New Jersey that Police Lieutenant Justin Mastalski is hereby provisionally promoted to the position of Captain of the Lindenwold Police Department effective, March 23, 2022 at the annual salary in effect for that position, and Be it Further Resolved, that Justin Mastalski recognizes that this is a provisional promotion and that if he is not selected, for any reason, to be promoted to the position of Captain once the Civil Service Commission promulgates a list of eligible candidates for promotion to the position of Captain he shall be returned to his permanent tile of Police Lieutenant; and COUNCIL CAUCUS MEETING March 23, 2022 Page | 2 Be if Further Resolved, that this promotion is subject to the approval of the Civil Service Commission. Mayor Roach presented the Oath of Office for Captain Mayor Roach requested a five-minute recess. Mayor Roach informed the public of the passing of Madame Albright. Second Reading Ordinance 2022-05 An Ordinance Amending Chapter 199, Article III Licensing Procedures of the Borough of Lindenwold Mercantile Licenses Mayor Roach opened the meeting to the public. Diane Veteri, resident, questioned if this covered Uber and Lyft. The Borough Clerk responded that those companies are regulated by the state. The resident questioned the purpose of this ordinance. The Borough Clerk responded that the ordinance complies with the requirements of the state regarding licensing of limousines and other passenger vehicles not registered as a taxi. There being no one else desiring the floor, the Mayor closed the meeting to the public. Motion was made by Councilman DiDomenico, second by Councilwoman Hess that Ordinance 2022-05 be adopted as read on second reading. Roll call vote was in the affirmative with Councilwoman Patton abstaining. 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: 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 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. COUNCIL CAUCUS MEETING March 23, 2022 Page | 3 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. Second Reading Ordinance 2022-06 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 Councilman DiDomenico, second by Councilman Lenkowski that Ordinance 2022-06 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. An Ordinance Amending Chapter 150-4 Mercantile licenses of the Borough of Lindenwold Fee Schedule 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 Local Use Code Current 29% increase Description R-1 42.00 54.00 Residential, multifamily 1- 3 units 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. COUNCIL CAUCUS MEETING March 23, 2022 Page | 4 (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 First Reading Ordinance 2022-07 Ordinance Amending Chapter 296 Streets and Sidewalks of the Code of the Borough of Lindenwold Motion was made by Councilman DiDomenico, second by Councilwoman Hess that Ordinance 2022-07 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. Ordinance Amending Chapter 296 Streets and Sidewalks of the Code of the Borough of Lindenwold WHEREAS, the Municipal Governing Body of the Borough of Lindenwold wishes to ensure consistency in its provisions, and WHEREAS, a review of the various sections of Chapter 296, has been reviewed in order to ensure the safety and conditions of the roads in the Borough of Lindenwold, and WHEREAS, the Mayor and Governing Body has approved the recommendations to Chapter 296-46 Failure to Comply with the Code of the Borough of Lindenwold as follows: § 296-1 Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. MAINTENANCE GUARANTEE A security in the form of either a bond, letter of credit, cash or a certified check posted by the applicant to guarantee the proper maintenance of the reconstruction of the work as described on the application and permit forms for a period of two years after final acceptance §296-10 Maintenance bond. In addition to the posting of a performance surety, and as a condition to the release of same, the applicant shall also post a maintenance surety: either a bond, letter of credit, cash or a certified check and in the sum of 15% of the performance surety. The maintenance bond will serve to guarantee that the road as reconstructed will remain in good condition and free of defects after acceptance, as follows: The applicant shall be responsible for all maintenance and repairs required at the site resulting from the neglect, failure, action or inaction of the applicant, for a period of two years after the date of acceptance for which have a depth of four or more feet from the road surface; or for a period of two years after the date of final acceptance for all other work which requires a permit as set forth herein. §296-20 Street surface restoration B. Permanent restoration. (1) All openings shall be completed with six inches of compacted DGA, three inches of FABC base course, Mix 1-2, and two inches of FABC surface course, Mix 1-5 and the edges sealed with AC 120 or approved equal. . All openings shall be repaved from curb line to center line a minimum of 4ft wide. All openings that cross the centerline shall be repaved the full width of the road from curb line to curb line, a minimum of 4ft wide. (2) Any opening that is within 4ft of a prior opening shall be restored as a single opening, incorporating the existing repair into the restoration. (3) Any emergency opening occurring in a street repaved within the previous ten calendar years shall be infrared sealed. (4) Any road in the Borough which has been resurfaced in the last ten years for which a new road opening permit is issued shall include the requirement that the party performing the work must resurface the road from curb to curb and from street corner to street corner. (5) Multiple road openings occurring within 60 feet of one another shall be restored as a single opening. Pavement between openings shall be milled (milling depth shall be two inches) or removed and replaced from curb to centerline of roadway. Multiple openings down the middle of the road shall be restored as a single opening, milled or removed and replaced across the full width of the road from curb line to curb line. Openings shall be sealed as indicated above. (6) All openings shall be inspected by the Borough. The applicant shall mark out proposed restoration and notify the Borough Official or designee a minimum of 24 hours prior to final restoration to schedule the inspection. Failure to COUNCIL CAUCUS MEETING March 23, 2022 Page | 5 schedule the final inspection will result in a $500 fine and removal of all paving materials and reinstallation at the applicant's cost. Upon acceptance of the restoration, the Borough shall issue a dated acceptance letter to the applicant. The applicant shall be responsible for all future restoration of the opening for a period of five years from the date of the acceptance letter. (7) Final restoration shall occur within two weeks after 90 day waiting period. Extensions of time are subject to the discretion of the Borough and must be submitted in writing. Failure to complete the restoration within the prescribed time period will result in the forfeiture of the performance bond posted by the applicant. §296-31 General Requirements F. Applicant must contact the Construction Office for the Code Official or designee prior to submitting permit application for Road Moratorium list and Planned Reconstruction list. If any section, subsection, paragraph, sentence, clause or phrase of the Ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this Ordinance which shall continue in full force and effect, as to this end the provisions of the Ordinance are hereby declared to be severable. This ordinance shall take effect immediately upon passage and publication as required by 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 Councilman DiDomenico, second by Councilman Lenkowski that Resolution 2022:94-96 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. Resolution 2022:94 Authorization for an Engineering Study 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. 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. Resolution 2022:95 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 3/16/2022 201 14.03 424 Ninth Ave.(trash) $189.00 3/21/2022 174 1 703 W. Park Ave.(trash) $328.00 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 2022:96 Refund Escrow WHEREAS, Boshir Ahmen submitted an escrow of $700.00 for 924 Aston Martin Drive, 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 Boshir Ahmen as the job was been completed and inspected. Mayor Roach opened the meeting to Council Councilman DiDomenico congratulated the officers on their promotion. Councilman Lenkowski announced the funds that the Lindenwold School will be receiving from the state, which is their full funding. All programs will remain with the school tax levy to remain the same. He congratulated the Dr. O’Neil, Superintendent, on the fabulous job she is doing. Councilwoman Patton announced the first event on April 16, which is a Spring Fling. She is still looking for volunteers. Councilwoman Sinon announced the Camden County activities for seniors. She reminded everyone to register his or her pets before the March 31 deadline. She informed the residents of the information from the World Health Organization regarding the new variant. As of last night, it is not in New Jersey. Not much information is known at this time. COUNCIL CAUCUS MEETING March 23, 2022 Page | 6 Business Administrator informed the residents about the information on the website in particular the Tax Department for assistance due to COVID. Mayor Roach updated the residents regarding the review by the Engineer regarding The Crossings. Mayor Roach reviewed rules for public speaking and opened the meeting to the public. Joe Amodeo, resident, informed Council of the issue in his development with a property and the number of cars, which make it, look like a junkyard. Diane Veteri, resident, questioned the area of concerned for the Engineer study. She questioned about tickets for uneven sidewalks and other residents are permitted to park on the sidewalk. Yolanda Smith, resident spoke of the problems with squirrels and the destruction of her trash container. She has tried to remedy the situation and requested a new container. Rickey Pisaturo, Laurel Springs resident, was looking to assist the Lindenwold Baseball Association. Trevor Shaw, resident, requested an update on the ARP funding as well as suggestions for the use of these funds. 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 regarding the Engineering project was for the traffic light. He referred the resident regarding baseball to contact the library for more information. The Mayor is aware of the property in Georgetown and action is being taken. Councilwoman Hess will contact Public Works for a new container. He advised the resident to provide the list to Public Works Supervisor. The Business Administrator stated that the projects were listed as Capital projects and are being considered. Motion was made by Councilman Lenkowski, 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