Borough Council

AGENDA COUNCIL BUSINESS MEETING October 9, 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 2024:155 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. Resolution 2024:156 Promotion of Superior Officer Whereas, the Borough of Lindenwold has identified a need to fulfill the position of Sergeant in the Lindenwold Police Department, and Whereas, Civil Service guidelines have been completed, and Whereas, it is the procedure of the Borough of Lindenwold to promote employees by resolution; and Whereas, Mayor and Council has accepted the recommendation to appoint Patrolman Giovanni Maldonado to the position of Police Sergeant. Now, Therefore, Be It Resolved by the Mayor and Borough Council of the Borough of Lindenwold that Patrolman Giovanni Maldonado be promoted to the position of Police Sergeant. 7. Oath of Office for Police Sergeant 8. Payment of Bills 9. The following reports have been filed and are available in the respective offices for review and will be included in the minutes: Page 1 of 10  a. Tax Collector’s Report – September 2024 b. Sewer Report – September 2024 c. Treasurer’s Report – September 2024 d. Engineer’s Report – October 2024 10. Second Reading Ordinance 2024:24 Amend Chapter 365 General Regulations and Prohibited Uses – Pop up Pool Parties 11. Second Reading Ordinance 2024:25 Amend Chapter 240 Property Maintenance Code Revisions 12. Second Reading Ordinance 2024:27 Amend Chapter 250 Rental Property Inspection 13. 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 2024:157 - 2024:161 Resolution 2024:157 Community Development Block Grant Agreement – FY 2024 WHEREAS, the Borough of Lindenwold has been awarded FY 2024 Community Development Block Grant funding, and WHEREAS, the Mayor and Council authorized the Borough Engineers, Environmental Resolutions, to submit an application for the reconstruction of Oak Avenue and Hawthorne Avenue, and WHEREAS, the grant allocation for the Borough of Lindenwold is $118,665.00. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold hereby authorize the execution and signing of the agreement for the FY 2024 Community Development Block Grant. Resolution 2024:158 Chapter 159 CDBG – Reconstruction of Oak & Hawthorne Avenue 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 Page 2 of 10  WHEREAS, said Director may also approve the insertion of an item of appropriation for equal amount, and WHEREAS, the Borough of Lindenwold will receive $118,665 from the Camden County Board of Commissioners and wishes to amend its 2024 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 2024 in the sum of $118,665 which is now available as a revenue from the Camden County Board of Commissioners, and BE IT FURTHER RESOLVED that a like sum of $118,665 and the same is hereby appropriated under the caption of: Community Development Block Grant (CDBG) Year 2024 Reconstruction of Oak Avenue and Hawthorne Avenue BE IT FURTHER RESOLVED that the Borough Clerk forward two (2) copies of this resolution to the Director of Local Government Services for certification. Resolution 2024:159 Purchase 2024 Caterpillar CTL-SSL Loader A resolution of the Borough of Lindenwold, in the County of Camden and the state of New Jersey, authorizing the purchase of a 2024 Caterpillar CTL-SSL Loader with attachments through Sourcewell Contract # 020223-CAT 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 Sourcewell, and Whereas, the Borough of Lindenwold desires to purchase a 2024 Caterpillar CTL-SSL Loader through Sourcewell entitled contract number 020223-CAT. Whereas, Caterpillar Inc. (Foley Cat) has been awarded the contract for one 2024 Caterpillar CTL-SSL Loader with attachments; 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 vehicles; and Whereas, the 2024 Caterpillar CTL-SSL Loader with attachments not exceed the amount of $115,000.00; and Page 3 of 10 Whereas, funding for this resolution is available by Capital Improvement Ordinance number 2021-15 and 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: 1. The Borough of Lindenwold hereby authorizes the purchase of one 2024 Caterpillar CTL-SSL Loader with attachments from the Caterpillar Inc. (Foley Cat) through Sourcewell Contract # 020223-CAT. 2. The total fee also authorized for this contract shall not exceed $115,000.00 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 Caterpillar Inc. (Foley Cat) for their information and guidance. Resolution 2024:160 Hire Police Clerk WHEREAS there is a need in the Police Department to hire a Police Clerk, and WHEREAS, it is the procedure of the Borough of Lindenwold to hire employees by resolution. WHEREAS, Jacqueline Martinez has been recommended to be hired after the successful completion of the pre-employment screening, and NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that Jacqueline Martinez be hired as the Police Clerk starting on October 15, 2024, after successful completion of the employment screening. Resolution 2024:161 Authorize Engineering Design and CMCI Services WHEREAS, there is a need for the Borough of Lindenwold to have a review, preparation of specifications, design, and construction management and oversight for the Rehabilitation of Sanitary Sewer Pump Station #9 in the Borough of Lindenwold; and WHEREAS, under the Fair and Open process, the Borough of Lindenwold received and awarded an Engineering Services contract for the year 2024 to Environmental Resolutions, Inc. of which includes writing of specifications and contract administration in their scope of work, and Page 4 of 10  WHEREAS, Environmental Resolutions, Inc. submitted a cost proposal on September 23, 2024. NOW, THEREFORE, BE IT RESOLVED by the Mayor and the Borough Council, County of Camden, State of New Jersey to authorize Environmental Resolutions, Inc. to prepare the review specifications for the Rehabilitation of Sanitary Sewer Pump Station #9 with a cost for engineering and construction oversight to be funded by Sewer Bond Ordinance 2024-19 not to exceed estimated engineering and contract management and oversight of $59,500. 14. Open to Council 15. Open to Public 16. Close to Public 17. Adjournment SECOND 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. Page 5 of 10  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: 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 Page 6 of 10  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. 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. Page 7 of 10  ORDINANCE NO. 2024:27 AN ORDINANCE AMENDING THE CODE OF THE BOROUGH OF LINDENWOLD AT CHAPTER 250 “RENTAL PROPERTY INSPECTION” 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 Rental Property Inspections within the Borough of Lindenwold. SECTION 2. Amendment(s). The Code of the Borough of Lindenwold at Chapter 250 (“Rental Property Inspection”) is hereby amended as follows: § 250-3 Definitions- is amended to include the following new terms: LEAD-BASED PAINT Paint or other surface coating material that contains lead in excess of 1.0 milligrams per centimeter squared or in excess of 0.5% by weight, or such other level as may be established by federal law. LEAD-BASED PAINT HAZARD Any condition that causes exposure to lead from lead-contaminated dust or soil or lead- contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects. LEAD BASED-PAINT HAZARD INSPECTION An inspection of a housing unit and the structure's interior common areas and exterior surface for the presence of lead-based paint hazards. LEAD INSPECTOR A person certified by the Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. § 250-7 Periodic Inspections- is amended to include a new subparagraph (H) as follows: § 250-7(H) Lead-Based Paint Inspections. 1. All rental units and rental facilities subject to this Chapter shall be inspected by a qualified Lead Inspector, for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification issued pursuant to this section. 2. The dwelling owner or landlord shall be permitted to directly hire a lead evaluation contractor who is certified to provide lead paint inspection services Page 8 of 10  by the Department of Community Affairs to satisfy the requirements of this subsection. 3. A rental unit and rental facility shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit: (a) has been certified to be free of lead-based paint; (b) was constructed during or after 1978; (c) is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the “Hotel and Multiple Dwelling Law,” (N.J.S.A. 55:13A-1, et seq.); (d) is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or (e) has a valid lead-safe certification issued in accordance with this section. 4. If the lead-based paint inspection determines that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to this section, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the “Lead Hazard Control Assistance Act,” N.J.S.A. 52:27D-437.1 et seq. Upon the remediation of the lead-based paint hazard, an additional inspection shall be conducted of the dwelling unit to certify that the hazard no longer exists. 5. If the lead-based paint inspection finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to this section or following remediation of a lead-based paint hazard pursuant to paragraph (4) of this subsection, then the lead evaluation contractor or Borough of Lindenwold shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs as provided for in regulations or guidance promulgated pursuant to section 8 of N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the lead evaluation contractor or Borough of Lindenwold pursuant to this paragraph shall be valid for two years. 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. Page 9 of 10  SECTION 5. Effective Date. This ordinance shall take effect upon final passage and publication as provided by law. Page 10 of 10