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Council Min.-Dec. 14, 2011

March 23, 2012 by Clerk

Minutes for the Council Meeting on December 14, 2011

CALL MEETING TO ORDER
Mayor Roach called the Council Meeting of December 14, 2011 to order.

SUNSHINE LAW
Notice of this meeting has been provided in a legal notice published in the Courier Post and Record Breeze; and posted in accordance with Title 10 of the New Jersey Statutes Annotated, specifying 7:00 pm meeting time; and that formal action may or may not be taken at all Special, Caucus and Council Meetings. Also please be advised that this meeting will be audio recorded for possible later playback.

FLAG SALUTE
The flag salute was held. Mayor asked for a moment of silence in remembrance of the Mike Raio’s father (Tax Assessor).

ROLL CALL
Present: Councilmen Balmer, Dougherty, Hans, Jackson, Strippoli, President Randolph-Sharpe and
Mayor Roach

APPROVAL OF MINUTES
Motion was made by Councilman Balmer, second by Councilman Dougherty that the Council Minutes of the September 14, 2011 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

Motion was made by Councilman Jackson, second by Councilman Hans that the Council Minutes of the October 5, 2011 meeting be adopted as presented. Voice vote was in the affirmative with Councilman Balmer and Councilman Dougherty abstaining. Motion carried.

Motion was made by Councilman Jackson, second by Councilman Strippoli that the Executive Minutes of the October 5, 2011 meeting be adopted as presented. Voice vote was in the affirmative with Councilman Balmer and Councilman Dougherty abstaining. Motion carried.

PAYMENT OF BILLS
Motion was made by Councilman Balmer, second by Councilman Dougherty that all bills that have been properly audited be approved for payment. Roll call vote was unanimous in the affirmative. Motion carried.

TAX COLLECTOR’S REPORT
Future Taxes 13,975.49
2011 Taxes 1,970,606.12
Borough Liens
2011 Taxes 3,335.00
2010 Taxes 2,160.07
Interest 807.90
Costs 333.24
REC/AFF Fees 92.00
Interest on Delinquent Accounts 6,853.41
Lot Maintenance 746.68
Tax Searches 10.00
Return Check Fee 20.00
Total Cash Receipts 1,998,939.91

Outside Lien Redemptions 25,394.05
Interest-TTL Checking 160.04
Total 25,554.09
Respectfully submitted: Margie L. Schieber, CTC

SEWER UTILITY REPORT
Future Rents 2054.17
2011 Rents 38,125.52
2010 Rents 72.73
6% Year End Penalty 8.84
Overpayments (2nd half 2012) 177.77
Borough Liens
2011 Rents 329.50
2010 Rents 220.16
Interest/Penalties 79.62
Interest on Delinquent Accounts 1,347.62
Shuster Vent 65.00
Laurel Springs 84,944.00
Interest-Checking Account 505.93
Total Cash Receipts 127,930.86
Respectfully submitted: Margie L. Schieber, CTC

CHIEF FINANCIAL OFFICER’S REPORT – CASH MANAGEMENT PLAN
2010 YTD INVESTMENT RESULTS ARE AS FOLLOWS:
General
Current Fund Capital Fund Utility Fund
Principal Interest Principal Interest Principal Interest
January 130,541.47 23.25 629,996.51 112.21 14,065.46 2.51
February 130,564.72 22.40 630,108.72 108.08 14,067.97 2.41
March 130,587.12 22.85 630,216.80 110.29 14,070.38 2.46
April 130,609.97 20.38 630,327.09 98.36 14,072.38 2.20
May 130,630.35 14.23 630,425.45 68.65 14,075.04 1.53
June 130,644.58 9.78 630,494.10 47.20 14,076.57 1.05
July 130,654.36 7.88 630,541.30 38.04 14,077.62 .85
August 130,662.24 4.89 630,579.34 23.58 14,078.47 .53
September 130,667.13 4.05 630,602.92 19.53 14,079.00 .44
October 130,671.18 3.49 630,622.45 16.82 14,079.44 .38
November 130,674.67 1.00 630,639.27 21.01 14,079.82 .47
December
YTD Total 134.20 663.77 14.83
Beneficial Bank, Demand Deposits
General Utility
Current Fund Capital Fund Utility Fund Capital Fund
Interest Interest Interest Interest
January 1,961.30 711.22 917.63 217.24
February 3,644.89 642.81 783.86 245.18
March 2,759.68 711.60 872.51 271.72
April 1,163.64 687.38 944.02 262.49
May 3,350.53 708.10 949.17 264.97
June 912.82 671.29 936.35 273.53
July 228.14 251.99 936.87 243.17
August 2,904.29 191.12 621.87 242.23
September 3,525.88 181.79 500.17 227.04
October 2,945.25 170.30 546.80 212.78
November 5,329.64 161.92 505.93 166.97
December
YTD TOTAL 28,726.06 5,089.52 8,515.18 2,627.32


TOTAL BY FUND 28,860.26 5,753.29 8,530.01 2,627.32
TOTAL INTEREST 45,770.88

Respectfully submitted: Dawn S. Thompson, Treasurer/CFO

CHIEF FINANCIAL OFFICER’S REPORT – SALE OF NOTES
Special Emergency Note Sale - $400,000 Aggregate Principal Amount, Borough of Lindenwold, County of Camden, New Jersey, Special Emergency Notes of 2011 (“Notes”).
The undersigned, Chief Financial Officer of the Borough of Lindenwold, County of Camden, New Jersey (“Borough”), hereby submits the following report with respect to the sale of the referenced notes:
1. Pursuant to: (i) the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented (“Local Bond Law”): and (ii) ordinance 1287 duly and finally adopted by the Mayor and Borough Council (“Council”) and published in accordance with the requirements of the Local Bond Law; and (iii) a resolution duly adopted by the Mayor and Borough Council and published in accordance with the requirements of the Local Bond Law; I have awarded the Borough’s Special Emergency Notes of 2011 (‘Notes”) in the amount of $400,000 in accordance with the Notice of Sale and Bid Specifications (“Notice of Sale”)
2. On December 13, 2011 immediately after 11:00 AM, local prevailing time, proposals theretofore received for the purchase of the Notes were publicly opened and read. The proposals were as follows:
Oppenheimer & Co., Inc. 2.2410%
Colonial Bank, FSB 1.28%
3. The proposal of Colonial Bank, FSB was determined to conform to the terms of the offering of the Notes as set forth in the Notice of Sale and, on the basis of the lowest interest rate, was determined to be the highest responsible proposal conforming to such terms of offering. Said proposal was therefore accepted.
4. The remaining proposals were rejected.
5. The Notes shall be dated and bear interest from December 21, 2010 at the rate of
% and will mature on December 20, 2012.
Settlement for the Notes will take place on December 21, 2011.

Submitted by:
Dawn S. Thompson_____________ Dated: 12/13/11
Dawn S. Thompson, CMFO
Administrator/Chief Financial Officer

CHIEF FINANCIAL OFFICER’S REPORT – SALE OF NOTES
Bond Anticipation Note Sale - $1,834,076 Aggregate Principal Amount, Borough of Lindenwold, County of Camden, New Jersey, Bond Anticipation Notes of 2011, Series B.
The undersigned, Chief Financial Officer of the Borough of Lindenwold, County of Camden, New Jersey (“Borough”), hereby submits the following report with respect to the sale of the referenced notes:
6. Pursuant to: (i) the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented (“Local Bond Law”): and (ii) bond ordinances 1299 and 1300 are duly and finally adopted by the Mayor and Borough Council (“Council”) and published in accordance with the requirements of the Local Bond Law; and (iii) a resolution duly adopted by the Mayor and Borough Council and published in accordance with the requirements of the Local Bond Law; I have awarded the Borough’s Bond Anticipation Notes of 2011, Series B(‘Notes”) in the amount of $1,834,076 in accordance with the Notice of Sale and Bid Specifications (“Notice of Sale”)
7. On December 13, 2011, immediately after 11:00 AM, local prevailing time, proposals theretofore received for the purchase of the Notes were publicly opened and read. The proposals were as follows:
Janney Montgomery Scott 1.7736%
Oppenheimer & Co., Inc. 1.6313%
8. The proposal of Oppenheimer & Co., Inc. was determined to conform to the terms of the offering of the Notes as set forth in the Notice of Sale and, on the basis of the lowest interest rate, was determined to be the highest responsible proposal conforming to such terms of offering. Said proposal was therefore accepted.
9. The remaining proposals were rejected.
10. The Notes shall be dated and bear interest from December 21, 2011 at the rate of 1.70% and will mature on June 8, 2012.
Settlement for the Notes will take place on December 21, 2011.

Submitted by:

Dawn S. Thompson_____________ Dated: 12/13/11
Dawn S. Thompson, CMFO
Administrator/Chief Financial Officer


RESOLUTION #2011:229
WHEREAS, Timber Ridge Apartment Complex, 801 W. Park Ave., Lindenwold, N.J., paid for a certificate of occupancy in the amount of $50.00 for Unit #32B, and
WHEREAS, Timber Ridge Apartment Complex already had a valid certificate of
occupancy for this unit.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of
the Borough of Lindenwold that the $50.00 fee be refunded to Timber Ridge Apartment Complex.

Motion was made by Councilman Balmer, second by Councilman Jackson that Resolution #2011:229 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:230
WHEREAS, premiums were collected when the following tax sale certificates were
sold, and
WHEREAS, N.J.S.A.54:5-33 states that if the certificate has not been redeemed at the end of five years, or if a foreclosure action has been finalized by a Final Judgment, the premium must be turned over to the Treasurer to become part of the general municipal revenue for the current year, and
WHEREAS, the following premiums should be turned over to the Treasurer:

BLOCK LOT QUAL CERT# DATE SOLD PREMIUM REASON
240 4.05 C1001 07-00110 4/17/2007 $3000.00 Final Judgment
289 1 07-00186 4/17/2007 4000.00 Final Judgment

THEREFORE. BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold that the premiums listed above be turned over to the Treasurer to become part of the general municipal revenue.

Motion was made by Councilman Balmer, second by Councilman Dougherty that Resolution #2011:230 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:231
WHEREAS, there are certain tax overpayments on the following properties, and
WHEREAS, these overpayments should be returned to the parties listed.
THERFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the tax overpayments be refunded as follows:

REFUND TO: BLOCK LOT QUAL AMOUNT
Corelogic R/E Tax Services 103 13 $1134.17
ATTN Refund Dept
PO Box 961250
Fort Worth, TX 76161-9887

Corelogic R/E Tax Services 240 13 CM06 875.31

THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold, that the above refunds be issued.

Motion was made by Councilman Balmer, second by Councilman Hans that Resolution #2011:231 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:232
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 has received $87,800 from the State of New Jersey and wishes to amend its 2011 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 2011 in the sum of $87,800 which is now available as a revenue from the State of New Jersey, and
BE IT FURTHER RESOLVED that a like sum of $87,800 and the same is hereby appropriated under the caption of:
Year 33 Community Block Grant
BE IT FURTHER RESOLVED that the Borough Clerk forward two (2) copies of this resolution to the Director of Local Government Services for certification.

Motion was made by Councilman Dougherty, second by Councilman Balmer that Resolution #2011:232 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION # 2011:233
WHEREAS, the Mayor and Council of the Borough of Lindenwold received a request from Vijesh Darji, 345 Alsarah Court, Atco, N.J. to refund the reinspection fee for his property located at 123 Colonial Square Dr., Lindenwold, N.J., and
WHEREAS, the Mayor and Council of the Borough of Lindenwold determined that Mr. Darji did not receive the proper notification of the scheduled inspection for September 6, 2011.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Lindenwold that the reinspection fee of $50 be refunded.

Councilman Balmer questioned this second refund. Councilman Jackson did research and verified that he had submitted a letter requesting a refund for this second property in addition to the property that was already refunded. Councilman Jackson recommends that this resolution be made.

Motion was made by Councilman Jackson, second by Councilman Dougherty that Resolution #2011:233 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:234
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that, based upon the recommendation of Remington and Vernick, Engineers, that Change Order #1 to the contract with Pioneer General Contracting, 92 Anderson Avenue, Monroe Twp., New Jersey is hereby approved as follows:
Original Contract Amount $191,315.00

Extra 11,954.98
Supplemental 2,400.00
Reduction -16,496.30

Adjustment Amount Based on
Change Order No. 1 -2,141.32

The reason for the changes are an adjustment of as-built quantities.

Business Administrator explained that there was an oversight that was brought to our attention during the review of the Community Block Grant. No concern was raised since it was for a reduction.

Motion was made by Councilman Hans, second by Councilman Jackson that Resolution #2011:234 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:235
WHEREAS, there is a need to amend the Borough of Lindenwold’s existing Section 125 Cafeteria Plan – Resolution #97:94 to include a Flexible Spending Account with a Health Care and Dependent Care Component.
WHEREAS, Health Care Reform became effective June 28, 2011 and the Section 125 Cafeteria plan was amended on December 8, 2011.
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the amended Section 125 Cafeteria Plan is hereby adopted.

Councilman Balmer asked for an explanation. The Business Administrator stated that with the State Health Care Reform there is a schedule that must be followed regarding the employee contribution. Prior, it was based on a one and a half percent contribution by employee. It is now based on the salary range as well as coverage chosen. Due to the additional cost, it was required that this spending account be available to help employee save toward medical costs. This will be handled by Benefit Express. Before it can be offered to employees, the Cafeteria Plan must be amended.

Motion was made by Councilman Balmer, second by Councilman Dougherty that Resolution #2011:235 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

DEPARTMENT REPORTS
Mayor Roach opened the meeting to council for department reports.

Councilman Balmer had nothing to report since there were no meetings. He wishes everyone a happy holiday season.

Councilman Jackson reported the Senior Luncheon tomorrow at approximately 11:30. He also reported finalizing the background checks for local organizations. He wished everyone a Happy New Year and a good holiday.

Councilman Dougherty reported that the Lindenwold School came before the Planning Board for their new solar system. Public meetings will be held before the project starts in order to inform the residents. The Lindenwold football team finally won their first game on Thanksgiving Day.

Councilman Strippoli updated Council on the monthly use of the Lindenwold Library as well as the totals for the year. In addition, new security cameras were installed as well as a new monitoring company which will save the Borough approximately $300. Solicitor to contact the former company for access since the equipment is owned by the Borough. Councilman Strippoli also updated Council regarding Public Works including recycling information and that no injuries reported. Public Works has completed the collection of leaves but will canvas the town for new sightings. In addition, Casworth Enterprises, Inc. was the low bidder for trash collection services which is lower than last year for additional savings to the Borough.

Councilman Hans reported on the Christmas Parade and tree lighting at the Library which was very well attended. Municipal Alliance will be supplying the food for the Senior Luncheon from Jersey Joes. He invited Mayor and Council to attend. When the Fire District report is received, he will deliver to the Borough Clerk.

President Randolph-Sharpe informed Council that the budget needs to be determined for the upcoming newsletter. She also reported on police matters including the number of crimes and police personnel. The crime mapping website is available with no additional time needed to update. Police switched their phones to Verizon as a cost savings and funds were provided through the Forfeiture Account. She also reported that there was a problem with an internal test being performed by Verizon which caused some problems.

Dawn S. Thompson reported on the Local Finance Notice allowing national contracts to be used for purchases. This could result in savings for the Borough of Lindenwold. The Borough Solicitor will review with Council to approve in the future. She recommended that the eleven retirees be recognized at the December 28 meeting with a gift of an engraved clock. The Holiday Employee Appreciation Luncheon will be on Wednesday, December 21 from 12:30 to 2:00 sponsored by the second place award from the JIF.

MATTERS FOR DISCUSSION
The Mayor introduced the Sale of Emergency Notes. Dawn S. Thompson informed Council on the bids that were received to fund the cost of Revaluation. Colonial Bank was the successful bidder with closing on December 21. Also, she informed Council on the Bond Anticipation Note for General and Sewer Capital Projects with Oppenheimer & Co. being the successful bidder. The maturity date will be in June with the Borough to seek permanent financing. This is being discussed with Parker McCay, Bond Council, which is in the Borough’s best interest to roll over all short termed notes into permanent financing.

The Borough Solicitor stated that the new Taxi Law was mandated by the State and the Borough ordinance is currently in the process of being updated. President Randolph-Sharpe questioned if former owners will be grandfathered. The Solicitor responded affirmatively. The Borough Clerk informed Council that they will have to consider how many owners will be allowed to operate in Lindenwold. The President questioned the process and number of owners. The Borough Clerk informed Council of this process and the major owners. An exact list will be provided. The Solicitor informed Councilman Balmer of his interpretation of the “grandfather” clause and the new requirements of the state law. Councilman Balmer also presented the former request by the former Code Enforcement Officer regarding the condition of the cabs. Ordinance will be revised to meet the deadline for registrations in March.

The Borough Clerk recommended to Council a general resolution for all Bingo and Raffle Licenses for 2012 and provided a sample for review. Councilman Strippoli questioned if the license will be available at the beginning of the year. The State requirement is a waiting period after resolution. Resolution must be done in the same year as the license.

Dawn S. Thompson updated Council regarding the mailing of the Mercantile License to businesses. One of the issues has been businesses that are licensed from the State of New Jersey. This issue must be addressed in the updating of this ordinance. The Borough Solicitor recommends that every business is to be locally licensed even those licensed by the state. Council continued to discuss business licenses and penalties with the Borough Solicitor to review.

Councilman Balmer requested Councilman Strippoli to contact public works regarding the new trash company to comply with the agreement that the trashcans be returned to the curb.

The Mayor also wished everyone a happy and healthy holiday season.

OPEN TO PUBLIC
Mayor Roach opened the meeting to the public for any questions or comments.

There being no one from the public desiring the floor the meeting was closed to the public.

RESOLUTION #2011:236
BE IT RESOLVED by the Council of the Borough of Lindenwold that the Borough Council are now going into closed session to discuss legal and personnel matters of the Borough.

Motion was made by Councilman Strippoli, second by Councilman Jackson that Resolution #2011:236 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

Motion was made by Councilman Strippoli, second by Councilman Balmer to go out of executive session. Voice vote was unanimous in the affirmative. Motion carried.

ADJOURNMENT
Motion was made by Councilman Strippoli, second by Councilman Balmer that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried.