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Borough Council

Regular Meeting

Lindenwold, NJ · October 11, 2023

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Minutes

COUNCIL BUSINESS MEETING, October 11, 2023 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: Hess, Lenkowski, Morrisey, Patton, Sinon, President Randolph-Sharpe and Mayor Roach Resolution 2023:173 Executive Session BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the Mayor and Council are now going into closed session to discuss Legal Updates, Personnel and Professional Services Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski, that Resolution 2023:173 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilman Morrisey to go out of executive session. Voice vote was unanimous in the affirmative. Motion carried. Motion was made by Councilwoman Hess, second by Councilman Lenkowski that the Council Meeting and Executive Session for September 13, 2023 be adopted as presented. Roll call vote was in the affirmative with President Randolph- Sharpe abstaining. Motion carried. Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski 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 $252,881.37 b. Sewer Report $318,288.11 c. Treasurer’s Report $143,086.25 Second Reading Ordinance 2023-17 Amend Chapter 100 Burning, Outdoor Mayor Roach opened the meeting to the public. There being no one desiring the floor, the meeting was closed to the public. Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski that Ordinance 2023-17 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Mayor and Municipal Governing Body of the Borough of Lindenwold wishes to ensure consistency in its provisions and to protect the health and welfare of its residents, and WHEREAS, a careful review of the Lindenwold Codes, an amendment is needed to address Chapter 100, Section 100-1(E) of the Lindenwold Codes, and WHEREAS, the Lindenwold Fire Commission was consulted regarding the revision. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Municipal Governing Body of the Borough of Lindenwold, to amend as follows: § 100-1Burning of rubbish prohibited. E. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure. Exceptions: (1) Fires in approved containers must be kept at least 15 feet from any property line, combustible exterior wall, or other combustibles that may ignite and permit the spread of a fire. Example: shrubs, trees, fences, house, sheds, etc. (2) The minimum required distance from a structure shall be 25 feet (7,620 mm) where the fire size is three feet (914 mm) or less in diameter and two feet (610 mm) or less in height. This ordinance shall take effect upon proper passage and publication according to law. COUNCIL BUSINESS MEETING, October 11, 2023 Page | 2 First Reading Ordinance 2023-18 Salary Ordinance for UFCW (by title) Motion was made by President Randolph-Sharpe, second by Councilman Morrisey that Ordinance 2023-18 be adopted as read 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. 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 2023:174-188 Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski that Resolution 2023:174 to 188 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. RESOLUTION 2023:174 Certification for C. Polite WHEREAS, the Borough of Lindenwold recognizes employees who accept additional duties, responsibilities, and certifications, and WHEREAS, Candace Polite has obtained her certification as Court Administrator, and WHEREAS, the Borough of Lindenwold recognizes the dedication of obtaining state certification, and WHEREAS, the Court Administrator has requested an increase for Candace Polite on obtaining this certification in the amount of $5,000. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Candace Polite receive an additional amount of $5,000 for obtaining the Court Administrator certification effective September 1, 2023. RESOLUTION 2023:175 Curfew and Hours for Halloween WHEREAS, there currently exists a curfew for the Borough of Lindenwold residents seventeen (17) years of age and under, and WHEREAS, it is necessary to amend this curfew for Monday, October 30, 2023 through Wednesday, November 1, 2023 for Halloween. WHEREAS, it is also necessary to designate the time for Trick or Treating in the Borough of Lindenwold, and WHEREAS, the hours will be from 4:00 pm until 8:00 pm on Tuesday, October 31, 2023. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the curfew hours for Monday, October 30, 2023 through Wednesday, November 1, 2023 inclusive shall be from 8:00 p.m. until 6:00 a.m. prevailing time each night. NOW, THEREFORE, BE IT FURTHER RESOLVED that the hours for Trick or Treating be 4:00 pm until 8:00 pm. RESOLUTION 2023:176 Extend Deer Carcass Removal with Camden County WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration, and WHEREAS, the County of Camden hereinafter referred to as the Lead Agency has offered voluntary participation in a Cooperative Pricing System for deer carcass removal services awarded to Deer Carcass Removal Service, P.O. Box 328, Cream Ridge, NJ 08514 for a second one year term at the cost of $65.00 per deer carcass removal, and WHEREAS, this term commences on or about October 1, 2023 through September 30, 2024. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Lindenwold as follows: 1. This resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Lindenwold. 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey. 4. This resolution shall take effect immediately upon passage. RESOLUTION 2023:177 Accept 2022 Audit COUNCIL BUSINESS MEETING, October 11, 2023 Page | 3 WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, and, WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con- viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED, that the Council of the Borough of Lindenwold, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. RESOLUTION 2023:178 Authorizing the Repair of Pump Station under the North Jersey Wastewater Cooperative Pricing System Contract # B331-6 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 North Jersey Wastewater Cooperative Pricing System; and WHEREAS, the Borough of Lindenwold desires repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory conditions through The North Jersey Wastewater Cooperative Pricing System Contract # B331-6 ; and WHEREAS, The North Jersey Wastewater Cooperative Pricing System has been awarded the contract of the repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions; 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 make these repairs; and WHEREAS, of the repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions shall not exceed the amount of $10,000 ; and WHEREAS, funding for this resolution is available from the Borough of Lindenwold Sewer Department Sewer Capital Account; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Governing Body of 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 repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions through The North Jersey Wastewater Cooperative Pricing System Contract # B331-6 2. The total fee also authorized for this contract shall not exceed $10,000 without prior written approval from the Borough Council. COUNCIL BUSINESS MEETING, October 11, 2023 Page | 4 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 North Jersey Wastewater Cooperative Pricing System for their information and guidance. RESOLUTION 2023:179 Provisional Appointment to Deputy Police Chief 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 Justin Mastalski be provisionally promoted the position of Deputy Police Chief, effective October 1, 2023. 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 Justin Mastalski is hereby provisionally promoted to the position of Deputy Police Chief of the Lindenwold Police Department effective, October 1, 2023 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. RESOLUTION 2023:180 Authorizing the pavement reconstruction of West Atlantic Avenue 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Paving on West Atlantic Avenue through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Paving on West Atlantic Avenue; 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 construction; and Whereas, the reconstruct of the Paving on West Atlantic Avenue shall not exceed the amount of $100,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinances numbers 1362, 2015-11, 2021-15, 2022-09. 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 reconstruction of the Paving on West Atlantic Avenue from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $100,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:181 Authorizing the pavement reconstruction of Miller and Wright Avenues 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Paving on Miller and Wright Avenues through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Paving on Miller and Wright Avenues; 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 construction; and Whereas, the reconstruct of the Paving on Miller and Wright Avenues shall not exceed the amount of $90,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinance number 2021-15. Now, Therefore, Be It Resolved by the mayor and the Borough of Lindenwold, County of Camden and State of New Jersey as follows: COUNCIL BUSINESS MEETING, October 11, 2023 Page | 5 1. The Borough of Lindenwold hereby authorizes the reconstruction of the Paving on Miller and Wright Avenues from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $90,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:182 Authorizing the pavement reconstruction of The Lindenwold Police Department Parking Lot 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Parking Lot pavement at the Lindenwold Police Department through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Parking Lot pavement at the Lindenwold Police Department; 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 construction; and Whereas, the reconstruction of the parking lot pavement at the Lindenwold Police Department shall not exceed the amount of $160,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinance numbers 2017-11 and 2023-11. 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 reconstruction of the parking lot at the Lindenwold Police Department from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $160,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:183 Cancel Outstanding Checks BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following outstanding checks be cancelled: Republic Bank Check Date Check # Amount Payee Sewer Utility - #1365002 8/11/21 8635 $69.42 Barton Supply General Account - #1364979 12/09/2020 42814 $4,166.63 Kennedy Health - EMS 8/11/2021 43552 $1,338.84 United Electric Supply RESOLUTION 2023:184 Emergency Appropriation-Legal Services WHEREAS, an emergency has arisen with respect to Legal Services involving personnel and employment matters and, no adequate provision was made in the 2023 budget for the aforesaid purpose; and NJS 40A:4-46 provides for the creation on an emergency appropriation for the purpose mentioned above, and WHEREAS, the total amount of the emergency appropriations created, including the appropriation to be created by this resolution is $50,000 and three (3) percent of the total operating appropriations in the budget for 2022 are $480,846.61. WHEREAS, the foregoing appropriation together with prior appropriations does not exceed three (3) percent of the total operating appropriations in the budget for 2023, NOW, THEREFORE, BE IT RESOLVED, (by not less than 2/3 of all governing body members affirmatively concurring) that in accordance with NJS 40A:4-48: 1. An emergency appropriation for Legal Services is hereby made for in the amount of $50,000. 2. That said emergency appropriation shall be provided for in full in the COUNCIL BUSINESS MEETING, October 11, 2023 Page | 6 2023 budget under the title of Legal Services – Other Expenses, and is requested to be excluded from CAPS, pursuant to NJS 40A:4-53.3c(1). 3. That a copy of this resolution be filed with the Director of the Division of Local Government Services. RESOLUTION 2023:185 Authorizing Transfer or Cancellation of Various Items, Division of Tax Collections-Sewer BE IT RESOLVED, by the Borough Council of the Borough of Lindenwold in the County of Camden that the Tax Collector is hereby authorized to make the following adjustments to the tax records of the Borough of Lindenwold. IDENTIFICATION: 2023 TAXES Block 192 Lot 29.01 $5,643.23 ADJUSTMENT: Cancel taxes along with corresponding assessment. Property owner has qualified as a Totally Disabled Veteran/Widow of Totally Disabled Veteran and as such is entitled to tax-exempt status as ordered by the New Jersey Division of Taxation. RESOLUTION 2023:186 Additional Revenue (Chapter 159) for Project Success WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $30,000 from Camden County Youth Services Commission as part of the expansion to Project Success for recreational services and wishes to amend its 2023 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 in the sum of $30,000 which is now available as a revenue from Camden County Youth Services Commission under the expansion of Project Success, and BE IT FURTHER RESOLVED that a like sum of $30,000 and the same is hereby appropriated under the caption of: Camden County Project Success BE IT FURTHER RESOLVED that copies of this resolution be sent to the Director of Local Government Services for certification. RESOLUTION 2023:187 -Apply for FY2024 Safe Routes to School WHEREAS, the Borough of Lindenwold is applying for funding to construct sidewalk and crosswalk improvements along the school route for Lindenwold High School and Lindenwold Elementary School #4 within the Borough of Lindenwold; and WHEREAS, the project will help to continue and improve the promotion and encouragement of pedestrian and bicycle access and safety for school children and residents; and WHEREAS, maintenance of the improvements, once constructed, will be assumed by the Borough of Lindenwold; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the Borough of Lindenwold that it hereby supports the submission of a grant application for the FY 2024 Safe Routes to School Program within the State of New Jersey Department of Transportation and authorizes the Mayor, Administrator and the Municipal Clerk to execute any and all documents necessary and related to the submission of said grant application or grant agreement. RESOLUTION 2023:188 –Authorize Remington and Vernick Application for FY2024 Safe Routes to School WHEREAS, the Borough of Lindenwold desires to apply to the New Jersey Department of Transportation for a grant under the 2024 NJDOT Safe Routes to School; and NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Administrator of the Borough of Lindenwold formally approves the grant application for the project stated above. NOW, THEREFORE, BE IT RESOLVED, that the appropriate officials are hereby authorized to submit an electronic grant application to the New Jersey Department of Transportation on behalf of Lindenwold Borough. BE IT FURTHER RESOLVED, that the appropriate officials are hereby authorized to sign the grant agreement on behalf of Lindenwold Borough and that their signature constitutes acceptance of the terms and conditions of the grant agreement and approves the execution of the grant agreement, COUNCIL BUSINESS MEETING, October 11, 2023 Page | 7 BE IT FURTHER RESOLVED, The Borough of Lindenwold formally authorizes Remington & Vernick Engineers to prepare the grant application with a not to exceed amount of $5,800.00 as outlined in the proposal dated October 5, 2023. RESOLUTION 2023:189 Hire Construction/Code Clerk Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2023:189 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS there is a need in the Construction/Code Department to hire a Clerk due to a retirement, and WHEREAS, it is the procedure of the Borough of Lindenwold to hire employees by resolution. WHEREAS, the Kathleen Lynd has been recommended to be hired after the successful completion of their pre- employment screening: THEREFORE BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Kathleen Lynd be hired as the Construction/Code Clerk after successful completion of the employment screening. RESOLUTION 2023:190 Appoint Acting Borough Clerk Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2023:190 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, a vacancy exists for the Borough Clerk due to an upcoming retirement, and WHEREAS, the current Deputy Clerk may fill the vacant position as Acting Borough Clerk on a temporary basis, until such time as the position is filled by a qualified candidate, and WHEREAS, there is a recommendation to appoint Nadeen C. Randall to the position of Acting Borough Clerk, and WHEREAS, the procedure for filling any vacancy is by resolution. THEREFORE BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Nadeen C. Randall be appointed to the position of Acting Borough Clerk with the stipend of $5,000 as of November 1. RESOLUTION 2023:191 Stipend for Retiring Borough Clerk Motion was made by President Randolph-Sharpe, second by Councilwoman Hess that Resolution 2023:191 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried. WHEREAS, the Borough of Lindenwold recognizes employees who accept additional duties, responsibilities, and certifications, and WHEREAS, Deborah C. Jackson, Borough Clerk, delayed her retirement in order to assist the Borough of Lindenwold in finding a replacement, and WHEREAS, the Borough of Lindenwold recognizes this dedication and hereby agreed to a stipend of $5,000. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Deborah C. Jackson, Borough Clerk, receive a stipend in the amount of $5,000 for delaying retirement until October 31, 2023. Engineer’s Report was presented by Dennis McNulty of Remington and Vernkick. He stated that Bilper Avenue has started construction. He anticipates this to be a quick project. He presented an update on the Municipal Parking Lot Improvements with the striping being completed. Mayor Roach opened the meeting to Council. Councilman Morrisey presented the September report from the Fire District including 58 calls and 13 inspections. They installed five smoke alarms for residents. All repairs have been completed and all vehicles are in service. Two new members were inducted. Smoke alarms for residents are still available. Mayor Roach added that tonight was Fire Prevention Night at Station #1 on Linden Avenue. Councilwoman Hess presented the September Public Works report that included 756 tons of trash collected and 88 tons of recycling. There were no accidents. For the Sewer Department, there were 45 calls for service and 5 emergency calls. The September Police report included 1,766 calls for service. President Randolph-Sharpe presented the Code Enforcement report, which included 136 CO inspections, 32 smoke inspections, and 192 written violations. She welcomed the new employee into the Code Office. In addition, the Borough is currently working on the holiday newsletter. She thanked the Borough Administrator and Finance Office for an excellent job on the audit. She commented on the improvement to the Borough Parking Lot. She congratulated the Police COUNCIL BUSINESS MEETING, October 11, 2023 Page | 8 Chief on completing the FBI Academy. She also thanked the Police Department for their efforts with the increase in vagrants. Councilman Lenkowski spoke of the Early Childhood groundbreaking ceremony on October 27 at 5pm. The football team will only be able to compete at the JV level this year. Boys’ soccer team is in the playoff tomorrow. Councilwoman Patton presented the Library report for September, which included circulation of books, and DVDs 144, computer usage 90 and new members 18. Library hours have been updated. Friends of the Library is hosting the book sale. Fall craft on October 26. For Public Events, October 28 is Trunk or Treat. There will be a parade and prizes. Councilwoman Sinon announced the Flu Program sponsored by Camden County. It is a free program for residents. A flyer is available with all the information. She also listed several programs for seniors including Conference for Caregivers and Tai Chi classes. In addition, Senior Services offer assistance during the open enrollment for Medicare. They will review the different plans and costs by appointment. The Mayor added that it is a good program. Business Administrator spoke of the upcoming Best Practices Inventory, which is required by the state and due November 23. She will present the report at the next Council Meeting. Mayor Roach opened the meeting to the public. Valerie Carr, resident, spoke to Council regarding the mice problem at her complex. Some of the occupants did not contact the office to participate with the extermination. Unless all the units have treatment, the problem continues to exist. She has asked the Condo Association to assist with paying the fees for an exterminator. She asked Council for assistance with the mice problem at the complex. President Randolph-Sharpe and resident discussed the units that are affected. The Code Office was informed that black boxes were to be installed. Resident responded she has not seen the boxes. The Code Office will follow up with the complex. President Randolph-Sharpe asked about the dumpster. The resident responded that there is no sign in Spanish regarding the container. Gladys Hardy, resident, stated that she spoke to the inspector that was at the complex. She added that there were no black boxes. She also spoke of the problem and the visibility of the mice. Another issue is the fear of residents to contact the office. The Mayor is looking into possible solutions for the residents. Trevor Shaw, resident, questioned Resolution 189 and Resolution 186. The Business Administrator responded that the grant is for the Police Department activities with the school district. Resident thanked the Mayor, Administrator and Public Works Supervisor for the handling of the matter on Scott Avenue. Mayor responded that Resolution 189 was the hiring of the Construction Clerk. There being no one else desiring the floor, the Mayor closed the meeting to the public. Motion was made by President Randolph-Sharpe, second by Councilman Lenkowski that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried. DATED: November 8, 2023 ________________________________

Agenda

AGENDA COUNCIL BUSINESS MEETING October 11, 2023 1. Call Meeting to Order 2. 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. 3. Flag Salute 4. Roll Call 5. Resolution 2023:173 Executive Session BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the Mayor and Council are now going into closed session to discuss Legal Updates, Personnel and Professional Services 6. Approval of Minutes: Council Meeting and Executive Session September 13, 2023 7. Payment of Bills 8. 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 b. Sewer Report c. Treasurer’s Report 9 Second Reading Ordinance 2023--17 Amend Chapter 100 Burning, Outdoor 10. First Reading Ordinance 2023-18 Salary Ordinance for UFCW(by title) 12. 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 2023:174-187 RESOLUTION 2023:174 Certification for C. Polite WHEREAS, the Borough of Lindenwold recognizes employees who accept additional duties, responsibilities, and certifications, and WHEREAS, Candace Polite has obtained her certification as Court Administrator, and WHEREAS, the Borough of Lindenwold recognizes the dedication of obtaining state certification, and WHEREAS, the Court Administrator has requested an increase for Candace Polite on obtaining this certification in the amount of $5,000. THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Candace Polite receive an additional amount of $5,000 for obtaining the Court Administrator certification effective September 1, 2023. RESOLUTION 2022:175 Curfew and Hours for Halloween WHEREAS, there currently exists a curfew for the Borough of Lindenwold residents seventeen (17) years of age and under, and WHEREAS, it is necessary to amend this curfew for Monday, October 30, 2023 through Wednesday, November 1, 2023 for Halloween. WHEREAS, it is also necessary to designate the time for Trick or Treating in the Borough of Lindenwold, and WHEREAS, the hours will be from 4:00 pm until 8:00 pm on Tuesday, October 31, 2023. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the curfew hours for Monday, October 30, 2023 through Wednesday, November 1, 2023 inclusive shall be from 8:00 p.m. until 6:00 a.m. prevailing time each night. NOW, THEREFORE, BE IT FURTHER RESOLVED that the hours for Trick or Treating be 4:00 pm until 8:00 pm. RESOLUTION 2023:176 Extend Deer Carcass Removal with Camden County WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration, and WHEREAS, the County of Camden hereinafter referred to as the Lead Agency has offered voluntary participation in a Cooperative Pricing System for deer carcass removal services awarded to Deer Carcass Removal Service, P.O. Box 328, Cream Ridge, NJ 08514 for a second one year term at the cost of $65.00 per deer carcass removal, and WHEREAS, this term commences on or about October 1, 2023 through September 30, 2024. NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the Borough of Lindenwold as follows: 1. This resolution shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Lindenwold. 2. Pursuant to the provisions of N.J.S.A. 40A:11-11(5) the Mayor is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. 3. The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq) and all other provisions of the revised statutes of the State of New Jersey. 4. This resolution shall take effect immediately upon passage. RESOLUTION 2023:177 Accept 2022 Audit WHEREAS, N.J.S.A. 40A:5-4 requires the governing body of every local unit to have made an annual audit of its books, accounts and financial transactions, and WHEREAS, the Annual Report of Audit for the year 2022 has been filed by a Registered Municipal Accountant with the Municipal Clerk pursuant to N.J.S.A. 40A:5-6, and a copy has been received by each member of the governing body; and, WHEREAS, R.S. 52:27BB-34 authorizes the Local Finance Board of the State of New Jersey to prescribe reports pertaining to the local fiscal affairs; and, WHEREAS, the Local Finance Board has promulgated N.J.A.C. 5:30-6.5, a regulation requiring that the governing body of each municipality shall by resolution certify to the Local Finance Board of the State of New Jersey that all members of the governing body have reviewed, as a minimum, the sections of the annual audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, and, WHEREAS, the members of the governing body have personally reviewed as a minimum the Annual Report of Audit, and specifically the sections of the Annual Audit entitled “Findings and Questioned Costs” or “Comments and Recommendations, as evidenced by the group affidavit form of the governing body attached hereto; and, WHEREAS, such resolution of certification shall be adopted by the Governing Body no later than forty-five days after the receipt of the annual audit, pursuant to N.J.A.C. 5:30-6.5; and, WHEREAS, all members of the governing body have received and have familiarized themselves with, at least, the minimum requirements of the Local Finance Board of the State of New Jersey, as stated aforesaid and have subscribed to the affidavit, as provided by the Local Finance Board, and WHEREAS, failure to comply with the regulations of the Local Finance Board of the State of New Jersey may subject the members of the local governing body to the penalty provisions of R.S. 52:27BB-52, to wit: R.S. 52:27BB-52: A local officer or member of a local governing body who, after a date fixed for compliance, fails or refuses to obey an order of the director (Director of Local Government Services), under the provisions of this Article, shall be guilty of a misdemeanor and, upon con- viction, may be fined not more than one thousand dollars ($1,000.00) or imprisoned for not more than one year, or both, in addition shall forfeit his office. NOW, THEREFORE BE IT RESOLVED, that the Council of the Borough of Lindenwold, hereby states that it has complied with N.J.A.C. 5:30-6.5 and does hereby submit a certified copy of this resolution and the required affidavit to said Board to show evidence of said compliance. RESOLUTION 2023:178 Authorizing the Repair of Pump Station under the North Jersey Wastewater Cooperative Pricing System Contract # B331-6 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 North Jersey Wastewater Cooperative Pricing System; and WHEREAS, the Borough of Lindenwold desires repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory conditions through The North Jersey Wastewater Cooperative Pricing System Contract # B331-6 ; and WHEREAS, The North Jersey Wastewater Cooperative Pricing System has been awarded the contract of the repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions; 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 make these repairs; and WHEREAS, of the repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions shall not exceed the amount of $10,000 ; and WHEREAS, funding for this resolution is available from the Borough of Lindenwold Sewer Department Sewer Capital Account; and NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Governing Body of 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 repair of Pump Station #3 19.6HP Fairbank Morris Submersible Lift Pump to factory operating conditions through The North Jersey Wastewater Cooperative Pricing System Contract # B331-6 2. The total fee also authorized for this contract shall not exceed $10,000 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 North Jersey Wastewater Cooperative Pricing System for their information and guidance. RESOLUTION 2023:179 Provisional Appointment to Deputy Police Chief 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 Justin Mastalski be provisionally promoted the position of Deputy Police Chief, effective October 1, 2023. 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 Justin Mastalski is hereby provisionally promoted to the position of Deputy Police Chief of the Lindenwold Police Department effective, October 1, 2023 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. RESOLUTION 2023:180 Authorizing the pavement reconstruction of West Atlantic Avenue 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Paving on West Atlantic Avenue through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Paving on West Atlantic Avenue; 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 construction; and Whereas, the reconstruct of the Paving on West Atlantic Avenue shall not exceed the amount of $100,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinances numbers 1362, 2015-11, 2021-15, 2022-09. 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 reconstruction of the Paving on West Atlantic Avenue from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $100,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:181 Authorizing the pavement reconstruction of Miller and Wright Avenues 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Paving on Miller and Wright Avenues through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Paving on Miller and Wright Avenues; 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 construction; and Whereas, the reconstruct of the Paving on Miller and Wright Avenues shall not exceed the amount of $90,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinance number 2021-15. 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 reconstruction of the Paving on Miller and Wright Avenues from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $90,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:182 Authorizing the pavement reconstruction of The Lindenwold Police Department Parking Lot 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 Cherry Hill Cooperative Pricing System, and Whereas, the Borough of Lindenwold desires to reconstruct the Parking Lot pavement at the Lindenwold Police Department through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Parking Lot pavement at the Lindenwold Police Department; 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 construction; and Whereas, the reconstruction of the parking lot pavement at the Lindenwold Police Department shall not exceed the amount of $160,000; and Whereas, funding for this resolution is available by Capital Improvement Ordinance numbers 2017-11 and 2023-11. 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 reconstruction of the parking lot at the Lindenwold Police Department from Di Meglio Construction Co., Inc. through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS. 2. The total fee also authorized for this contract shall not exceed $160,000 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 Di Meglio Construction Co., Inc. for their information and guidance. RESOLUTION 2023:183 Cancel Outstanding Checks RESOLUTION 2023:184 Emergency Appropriation-Legal Services RESOLUTION 2023:185 Authorizing Transfer Or Cancellation Of Various Items, Division Of Tax Collections-Sewer BE IT RESOLVED, by the Borough Council of the Borough of Lindenwold in the County of Camden that the Tax Collector is hereby authorized to make the following adjustments to the tax records of the Borough of Lindenwold. IDENTIFICATION: 2023 TAXES Block 192 Lot 29.01 $5,643.23 ADJUSTMENT: Cancel taxes along with corresponding assessment. Property owner has qualified as a Totally Disabled Veteran/Widow of Totally Disabled Veteran and as such is entitled to tax-exempt status as ordered by the New Jersey Division of Taxation. RESOLUTION 2023:186 Additional Revenue (Chapter 159) for Project Success WHEREAS, N.J.S. 40A:4-87 provides that the Director of the Division of Local Government Services may approve the insertion of any special item of revenue in the budget of any county or municipality when such item shall have been made available by law and the amount thereof was not determined at the time of the adoption of the budget, and WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $30,000 from Camden County Youth Services Commission as part of the expansion to Project Success for recreational services and wishes to amend its 2023 Budget to include this amount as a revenue NOW, THEREFORE, BE IT RESOLVED that the Mayor and Borough Council of the Borough of Lindenwold hereby requests the Director of the Division of Local Government Services to approve the insertion of an item of revenue in the budget of the year 2023 in the sum of $30,000 which is now available as a revenue from Camden County Youth Services Commission under the expansion of Project Success, and BE IT FURTHER RESOLVED that a like sum of $30,000 and the same is hereby appropriated under the caption of: Camden County Project Success BE IT FURTHER RESOLVED that copies of this resolution be sent to the Director of Local Government Services for certification. RESOLUTION 2023:187 -Apply for FY2024 Safe Routes to School 13. Engineer’s Report 14. Open to Council 15. Open to Public 16. Adjournment MOTION Ordinance 2023-17 An Ordinance Amending Chapter 100 Burning, Outdoor of the Borough of Lindenwold Codes WHEREAS, the Mayor and Municipal Governing Body of the Borough of Lindenwold wishes to ensure consistency in its provisions and to protect the health and welfare of its residents, and WHEREAS, a careful review of the Lindenwold Codes, an amendment is needed to address Chapter 100, Section 100-1(E) of the Lindenwold Codes, and WHEREAS, the Lindenwold Fire Commission was consulted regarding the revision. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Municipal Governing Body of the Borough of Lindenwold, to amend as follows: § 100-1Burning of rubbish prohibited. E. The location for open burning shall not be less than 50 feet (15,240 mm) from any structure, and provisions shall be made to prevent the fire from spreading to within 50 feet (15,240 mm) of any structure. Exceptions: (1) Fires in approved containers must be kept at least 15 feet from any property line, combustible exterior wall, or other combustibles that may ignite and permit the spread of a fire. Example: shrubs, trees, fences, house, sheds, etc. (2) The minimum required distance from a structure shall be 25 feet (7,620 mm) where the fire size is three feet (914 mm) or less in diameter and two feet (610 mm) or less in height. This ordinance shall take effect upon proper passage and publication according to law.

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