Borough Council

AGENDA COUNCIL BUSINESS MEETING September 11, 2024 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 2024:145 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. a. Legal updates b. Personnel 6. Payment of Bills 7. 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 – August 2024 b. Sewer Report – August 2024 c. Treasurer’s Report – August 2024 d. Engineer’s Report – September 2024 e. Public Works Superintendent Report – August 2024 8. Second Reading Ordinance 2024:21 Amend Fee Schedule – Chapter 150-35 Charges for Additional Solid Waste Containers & Collections 9. Second Reading Ordinance 2024:22 Amend Chapter 276 – Solid Waste & Recycling (Trash Ordinance Revisions) 10. Second Reading Ordinance 2024:23 Stormwater Control 11. First Reading Ordinance 2024:24 Amend Chapter 365 General Regulations and Prohibited Uses – Pop up Pool Parties Page 1 of 10 12. First Reading Ordinance 2024:25 Amend Chapter 240 Property Maintenance Code Revisions 13. First Reading Ordinance 2024:26 Amend Chapter 150-42 Fee Schedule (title only) 14. First Reading Ordinance 2024:27 Amend Chapter 250 Rental Property Inspection (title only) 15. 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 2024:146 – 2024:153 Resolution 2024:146 Authorizing Disposal of Surplus Property WHEREAS, the Borough of Lindenwold is the owner of certain surplus property which is no longer needed for public use; and WHEREAS, the Mayor and Council are desirous of selling said surplus property in an as is condition without express or implied warranties. NOW, THEREFORE, BE IT RESOLVED by the Borough of Lindenwold, as follows: The sale of the surplus property shall be conducted through GovDeals pursuant to Resolution 2023:48 to participate in the Cooperative Purchasing Program with National Intergovernmental Purchasing Alliance Co. and administered by Sourcewell for the purchase of goods, products and services. The terms and conditions of the agreement entered into with GovDeals, #012821-GDI, is available online at govdeals.com and also available from the Borough of Lindenwold. The sale will be conducted online after publication in the Courier Post and the address of the auction site is govdeals.com. The sale is being conducted pursuant to Local Finance Notice 2021-18. A list of the surplus property to be sold is as follows: #L-18 2017 FORD EXPLORER POLICE 1FM5K8AR0GGC72878 19138- MG The surplus property as identified shall be sold in an as is condition without express or implied warranties with the successful bidder required to execute a Hold Harmless and Indemnification Agreement concerning use of said surplus property. Page 2 of 10 The Borough of Lindenwold reserves the right to accept or reject any bid submitted. Resolution 2024:147 Re-Appoint Class III Police Officer WHEREAS, the Borough of Lindenwold has identified a need to fulfill the position of Class III Police Officer in the Lindenwold Police Department, and WHEREAS, Civil Service guidelines have been followed, and WHEREAS, the Borough of Lindenwold appointed Thomas Brennan to the position of Class III Police Officer under Resolution 2023:151, and WHEREAS, the Police Department has requested that Thomas Brennan be re-appointed to this position. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Thomas Brennan be re-appointed to the position of Class III Police Officer. Resolution 2024:148 Adopt OPRA Request Form RESOLUTION OF THE BOROUGH OF LINDENWOLD APPROVING THE NEW GOVERNMENT RECORD COUNSEL PUBLIC RECORD REQUEST FORM WHEREAS, pursuant to amendments made to the Open Public Records Act to take effect on September 3, 2024, it is necessary for the Borough of Lindenwold to adopt the official Record Request Form established by the Department of Community Affairs Government Records Counsel. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold, County of Camden, State of New Jersey that for the reasons set forth in the Preamble hereinabove, it hereby approves adoption of the official Government Record Counsel Request Form requesting to be used by all persons or entities seeking a public record from the Borough of Lindenwold. BE IT FURTHER RESOLVED that this Form should be posted on the Borough’s website and made available in the Borough Clerk’s Office for any person or entity making a request for public information from the Borough of Lindenwold. BE IT FURTHER RESOLVED this Resolution shall take effective immediately upon adoption. Resolution 2024:149 Waiver of Permit Fees WHEREAS, the Borough of Lindenwold has authorized a Resident and Plumbing Contractor at 445 Scott Avenue to perform a street opening for sewer repair, and Page 3 of 10 WHEREAS, said Resident and Plumbing Contactor have made necessary repairs to their sewer lateral and to the street at 445 Scott Avenue on the corner of Scott and 1st Avenue, and WHEREAS, in order to mitigate the cost of the street opening permit to the as above mentioned resident and plumbing contractor, the Public Works Director and Designee has requested the permit fees for the street opening permit be waived for the following, Permit # 24-25 (445 Scott Avenue). NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to hereby authorize the above mentioned request to waive said permit fees for the Resident and Plumbing Contractor at 445 Scott Avenue. Resolution 2024:150 Di Meglio Construction – Pavement Reconstruction 10 Various Roads A resolution of the Borough of Lindenwold, in the County of Camden and the state of New Jersey, authorizing the pavement reconstruction of various Borough roads through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS 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: Holly – Rt. 30 to Cooper E. Elm – Holland to Taylor 3RD – Central to Cottage Central – 4th To 3rd Locust – 1000 block to Whitter E. Maple – N. Carlton to Bryant Spruce – 400 and 500 Blocks Jackson – Jefferson to Roosevelt Through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the paving on the needed roads listed above; 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 needed roads listed above shall not exceed the amount of $550,000.00; and Whereas, funding for this resolution is available by Capital Improvement Ordinance number 2024-20; and Now, Therefore, Be It Resolved by the Mayor and the Borough of Lindenwold, County of Camden and State of New Jersey as follows: Page 4 of 10  1. The Borough of Lindenwold hereby authorizes the reconstruction of the Paving on the needed roads listed above 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 $550,000.00 without prior written approval from the Borough Council. 3. The Mayor, Borough Clerk and/or such other officials as is necessary and proper are hereby authorized to execute documents necessary to implement this resolution. 4. A copy of this resolution shall be provided to the Borough Treasurer and Di Meglio Construction Co., Inc. for their information and guidance. Resolution 2024:151 Di Meglio Construction – Paving Scott Avenue A resolution of the Borough of Lindenwold, in the County of Camden and the state of New Jersey, authorizing the pavement reconstruction of E. Scott Avenue through the Cherry Hill Cooperative Pricing System, System Identifier No. 37-CHCPS 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 Scott Avenue between E. Elm and Lynnebrook Gardens through the Cherry Hill Cooperative Pricing System. Whereas, Di Meglio Construction Co., Inc. has been awarded the contract to reconstruct the Paving on Scott Avenue between E. Elm and Lynnebrook Gardens; 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 Paving on Scott Avenue between E. Elm and Lynnebrook Gardens shall not exceed the amount of $52,559.00; and Whereas, funding for this resolution is available by Capital Improvement Ordinance number 2022-9; and Now, Therefore, Be It Resolved by the Mayor and the Borough of Lindenwold, County of Camden and State of New Jersey as follows: 1. The Borough of Lindenwold hereby authorizes the reconstruction of the Paving on Scott Avenue between E. Elm and Lynnebrook Gardens 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 $52,559.00 without prior written approval from the Borough Council. Page 5 of 10  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 2024:152 Authorize Purchase of Network Video Recorder Equipment Authorizing the purchase and installation of Network Video Recorder Equipment through the Educational Services Commission of New Jersey (ESCNJ) Contract # 20–06 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 ESCNJ, and Whereas, the Borough of Lindenwold desires to purchase Network Video Recorder Equipment for the Police Department from RFP Solutions, Inc., through the ESCNJ Contract # 20–06, and Whereas, RFP Solutions, Inc. has been awarded the contract for Network Video Recorder Equipment, and Whereas, the Mayor and Council of the Borough of Lindenwold recommend the utilization of this contract for the purchase and installation of Network Video Recorder Equipment and Whereas, the Network Video Recorder Equipment to be purchased and installed shall not exceed the amount of $35,922.55 as stated on Contract #20-06, and Whereas, funding for this resolution is certified as available below. Now, Therefore, Be It Resolved by the Mayor and the Council 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 Network Video Recorder Equipment from RFP Solutions, Inc. through ESCNJ Contract # 20–06. 2. The total fee also authorized for this contract shall not exceed the price quoted above 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 RFP Solutions, Inc. Resolution 2024:153 Safe and Secure Grant Year 2025 RESOLUTION OF THE BOROUGH OF LINDENWOLD MAYOR AND COUNCIL, CAMDEN COUNTY, NEW JERSEY, AUTHORIZING THE BOROUGH OF LINDENWOLD TO ACCEPT A GRANT FROM THE STATE OF NEW JERSEY DEPARTMENT OF LAW AND PUBLIC SAFETY, OFFICE OF THE ATTORNEY GENERAL, IN THE AMOUNT OF $67,725.00, UNDER THE FY2025 SAFE AND SECURE COMMUNITIES PROGRAM, SUBAWARD GRANT NUMBER 25-0422, AND AUTHORIZING MAYOR RICHARD E. ROACH, JR., AND POLICE CHIEF MICHAEL MCCARTHY, JR., TO EXECUTE AND THE BOROUGH CLERK, TO Page 6 of 10 ATTEST TO A SUBGRANT AWARD, AND ANY ALL DOCUMENTS IN CONNECTION WITH THIS GRANT BE IT RESOLVED by the Borough of Lindenwold Mayor and Council of Lindenwold, in the County of Camden, and State of New Jersey, as follows: 1. The Borough of Lindenwold is authorized to accept a subaward grant from the State of New Jersey, Department of Law and Public Safety, Office of the Attorney General, in the amount of $67,725.00, under the Safe and Secure Communities Program, Grant No. 25-0422, with a Match - Fringe Benefits of $498,575.00, for a total program cost of $566,300.00. 2. Mayor Richard E. Roach, Jr. and Chief Michael McCarthy, Jr. are authorized to execute and the Borough Clerk to attest to a Subgrant Award in connection with this grant, and any and all documents in connection with this grant. 3. The Borough of Lindenwold is accepting this grant of funds for the purpose described in the application. 4. Subaward Period: March 14, 2025 to March 13, 2026. 5. A certified copy of this resolution shall be provided by the Office of the Borough Clerk to each of the following: A. Mayor Richard E. Roach, Jr. B. Borough Council C. Business Administrator/CMFO D. Police Department, Attention: Chief Michael McCarthy, Jr. E. State of New Jersey Office of the Attorney General Department of Law and Public Safety PO Box 080 Trenton, NJ 08625-0080 16. Open to Council 17. Open to Public 18. Close to Public 19. Adjournment Page 7 of 10  FIRST READING OF ORDINANCES ORDINANCE NO. 2024:24 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 365 (“GENERAL REGULATIONS AND PROHIBITED USES”) BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, AS FOLLOWS: SECTION 1. Purpose and Intent. The amendment(s) set forth herein shall serve the purpose of establishing reasonable and impartial regulations with regard to Zoning; General Regulations and Prohibited Uses within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 365 (“General Regulations and Prohibited Uses”) is hereby amended as follows: Inclusion of a new Section 365-15(I) as follows: § 365-15(I) Residential Yard Pool Rentals, Residential Yard Pool Parties, and/or Residential Yard Pool oriented social gatherings advertised, marketed, or any in way communicated to the general public, for the purposes of business, commercial, or profit-making activities, which are intended to involve or invite public participation or public assembly. SECTION 3. Repealer. Any and all other ordinances inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistencies. SECTION 4. Severability. In the event that any section paragraph, clause phrase, term, provision or part of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, clause, term, provision or part thereof directly involved in the controversy in such judgment shall be rendered. SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. ORDINANCE NO. 2024:25 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 240 (“PROPERTY MAINTENANCE CODE”) BE IT ORDAINED BY THE BOROUGH COUNCIL OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, STATE OF NEW JERSEY, AS FOLLOWS: Page 8 of 10  SECTION 1. Purpose and Intent. The amendment(s) set forth herein shall serve the purpose of establishing reasonable and impartial regulations with regard to Property Maintenance within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 240 (“Property Maintenance”) is hereby amended as follows: Inclusion of a new Section 240-23(G) as follows: § 240-23(G) The Notice provisions of this section shall not apply to any action taken by, or on behalf, of the Borough of Lindenwold, resulting from emergencies as provided in Section 240- 34. Inclusion of a new Section 240-34 as follows: § 240-34 Emergencies. A. Whenever the Local Housing Inspector, Code Enforcement Official, Superintendent of Public Works, or an officer of the Police Department finds that an emergency exists which requires immediate action to protect the public health or safety, they may, without notice or hearing, issue an order requiring that such action be taken as they determine necessary, applying the statutes and other provisions of this chapter to meet the emergency, and such order shall be effective immediately. Any person to whom such order is directed shall comply immediately. B. A notice shall be furnished to the owner of the property upon which any emergent action is taken by regular mail, at the address on file for the owner at the Tax Office, which shall include the action(s) taken to protect the public health or safety, and demand payment of any related costs associated with the emergent action. The Notice shall include the following language: “In the event you disagree with this Notice, or anything contained therein, and wish to challenge the actions or costs as set forth in the Notice, please send a written request for a hearing to: the Borough of Lindenwold Code Enforcement Office, Lindenwold Municipal Building, 15 N. White Horse Pike, Lindenwold, NJ 08021. In the event you do not request a hearing within 14 days of the date upon which the notice was mailed, you will waive your right to a hearing. Upon receipt of your request for a hearing, the Borough will notify you of the time, date, and place for the hearing. You have the right to appear at the hearing, present evidence, file a written answer explaining your position, and give testimony at the hearing." C. The property owner may petition the local housing inspector, to obtain a hearing to dispute the action(s) taken and/or costs associated therewith, within Fourteen (14) days of the date upon which the Notice is mailed. Failure to file a timely request for hearing shall be construed as a waiver of the owner’s right to dispute the matter. Upon filing for a hearing, the hearing shall be scheduled and conducted in conformance with Section 240-23. D. The provisions of this chapter as to charging the costs and making them assessable as taxes shall apply to all such actions undertaken as a result of an emergency. Page 9 of 10  E. The Notice requirements of Section 240-23, Section 240-33, and any other Notice provision set forth in this Chapter shall not apply to any action or order taken resulting from an emergency. Notice shall be provided to the owner of any property upon which emergent action is taken as set forth in Section 240-34(B). SECTION 3. Repealer. Any and all other ordinances inconsistent with any of the terms and provisions of this ordinance are hereby repealed to the extent of such inconsistencies. SECTION 4. Severability. In the event that any section paragraph, clause phrase, term, provision or part of this ordinance shall be adjudged by a court of competent jurisdiction to be invalid or unenforceable for any reason, such judgment shall not effect, impair or invalidate the remainder thereof, but shall be confined in its operation to the section, paragraph, clause, term, provision or part thereof directly involved in the controversy in such judgment shall be rendered. SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. ORDINANCE NO. 2024:26 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 150-42 “FEE SCHEDULE” – (TITLE ONLY) ORDINANCE NO. 2024:27 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 250 “RENTAL PROPERTY INSPECTION” – (TITLE ONLY) Page 10 of 10