Lindenwold Borough Community Pages

Borough Announcements

Council Mtg. Min.-Dec. 28, 2011, Part 3

April 04, 2012 by Clerk

Minutes for the Council Meeting on December 28, 2011, Part 3

Second Reading Ordinance #1303
AN ORDINANCE TO AMEND ORDINANCE #1179 FEE SCHEDULE FOR THE BOROUGH OF LINDENWOLD
BE IT ORDAINED by the Mayor and Borough Council of the Borough of Lindenwold that the following Chapters of the Fees and Code of the Borough of Lindenwold are amended as follows:


107.10 Liquor licenses-Consumption $800
Distribution $800

Added to 107.1
Bid Specifications $ 50

~107-16. Certificate of Occupancy. [Amended 4-12-1995 by Ord. No. 971]
Type Fee
Certificate of Occupancy for use Group R5 $70
Certificate of Occupancy All other uses Groups $120.00
Type Fee
Change of use group $174.00
Continued occupancy $151
Temporary Certificate of Approval $35
• NOTE: A certificate fee for shopping centers with several stores shall be charged for each individual store at the rate set forth for that particular group.

~107-17. Annual Construction Permit. [Amended 4-12-1995 by Ord. No. 971]
The fee to be charged for an annual construction permit shall be charged annually. The fee shall be a flat fee based upon the number of maintenance workers employed by the facility and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing.
Type Fee
1 to 25 workers (including foreman) $667.00 (per worker)
Each additional worker over 25 $232.00 (per worker)
Prior to the issuance of the annual permit, a training registration fee of $140.00 per subcode shall be submitted by the applicant to the Borough of Lindenwold.

~107-18. Construction code fee schedule. [Amended 4-12-1995 by Ord. No. 971]
In order to provide for the training and certification and technical support programs required by the Act, an enforcing agency, including the Department when acting as the local agency, shall collect a surcharge fee to be based upon the volume of new construction and the dollar amount of construction in alterations and renovations within the municipality. Said fee shall be accounted for and forwarded to the Department of Community Affairs in the manner herein provided.
This shall be in the amount set forth by the Department of Community Affairs.
in accordance with N.J.A.C. 5:23-2.28.
Type Fee
Plan review fee 20% of amount charged
for new construction
permit
Basic construction fee
The basic construction fee shall be the sum of the parts computed on the basis of the volume or costs of construction, the mechanical systems and equipment, the number of plumbing fixtures and stacks, the number of electrical fixtures and devices and the number of sprinklers and standpipes at the unit rates provided herein, plus any special fees. In each case, the minimum fee for basic construction work shall be $50.00.
Volume or cost. The fees for new construction or alteration are as follows:
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
Type Fee
Groups and buildings classified 0.040 x cubic foot of
and defined in Articles 3 and 4 of volume
the building subcode or A-1, A-2,A-3, B, H, I-1,
I-3, M, E, R-1, R-2, R-3, R-4, R-5 and U
Groups A-4, F-1, F-2, 0.030 x cubic feet of
S-1 and S-2 volume
Farm use buildings, including 0.030 x cubic foot of
commercial farm buildings under volume
N.J.A.C. 5:23-3.2(d) exclusively used
for storage of food or grain or the
sheltering of livestock
Maximum fee for Farm use buildings $1,145.00
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work.
Estimated Costs Fee
Up to $50,000.00 $35.00 plus $35.00 for
each additional
$1,000.00 or fraction
thereof
$50,001.00 to 100,000.00 $32.00 per $1,000.00, plus $32.00 for each
additional $1,000.00
or fraction thereof
$100,001.00 or more $29.00 per $1,000.00,
plus $29.00 for each
additional $1,000.00
or fraction thereof
Fees for additions shall be computed on the same basis as for new construction for the added portion.
Fees for combination renovations and additions shall be computed as the sum of the fees and computed separately in accordance with the above subsections.

~107-12. Fences. [Amended 4-12-1995 by Ord. No. 971]
Cost to include materials and labor $30.00 (plus $30.00 for
each additional
$1,000.00 or fraction
thereof)
Minimum fee $60.00
Type
Construction of a sign
For the purpose of computating this fee, the fee for a permit to construct a sign shall be in the amount of $3.00per square foot of surface area of the sign, computed on one side only for double-faced signs. The minimum fee shall be $60.00.
Type Fee
Roofing:
Use Group R-5 $60.00
[Added 3-10-1999 by Ord. No. 1044]
Use Group E $60.00
[Added 2-9-2000 by Ord. No. 1065]
All other use groups By Cost
[Amended 2-9-2000 by Ord. No. 1065]
Siding:
Use Group R-5 $60.00
[Added 3-10-1999 by Ord. No. 1044]
Use Group E $60.00
[Added 2-9-2000 by Ord. No. 1065]
All other use groups By Cost
[Amended 2-9-2000 by Ord. No. 1065]
~For the purpose of determining estimated cost, the applicant shall submit to the Department, if available, cost data produced by the architect or engineer of record or by a recognized estimating firm or by the contractor. A bona fide contractor's bid, if available, shall be submitted. The Department will make the final decision regarding estimated cost.

107-7. Swimming pools, private
Type Fee
Aboveground pools:
Construct, install, enlarge or $100.00
establish [Amended 4-12-1995 by
Ord. No. 971]
In-ground pools:
Construct, install, enlarge or $100.00
establish [Amended 4-12-1995 by
Ord. No. 971]

~107-8. Swimming pools, multi-family dwellings. [Added 6-9-1999 by Ord. No. 1048]

Plumbing Fixtures and Stacks. The fees shall be as follows:
Type Fee
Per fixture or stack $15.00

For the purpose of computing this fee, fixtures and stacks shall include but shall not be limited to lavatories, kitchen sinks, slop sinks, sinks, urinals, bidet, water closets, bathtubs, shower stalls, laundry tubs, floor drains, drinking fountains, water cooler, dishwashers, garbage disposals, clothes washers, hose bibs, hot-water heaters, gas piping, or similar devices.
Type Fee
Plumbing, special devices as listed: $85.00
grease traps, oil separators,
water-cooled air conditioners,
refrigeration units, water utility
connection, sewer utility connections,
backflow preventers, steam boilers,
hot-water boilers, active solar
systems, sewer pumps, interceptors or
fuel-oil piping. For cross connections &
backflow preventors that are subject to
testing requiring reinspection annually, the
fee shall be for each device when they are tested.
Minimum fee $60.00
Electrical Fixtures and Devices.
Receptacles or fixtures, including
smoke detectors, exhaust fans, etc.
1 to 50 $45.00
Each 25 or additional $10.00
For the purpose of computing this fee, receptacles or fixtures shall include lighting outlets, wall switches, fluorescent fixtures, convenience receptacles or similar devices and motors or devices of less than 1 horsepower or 1 kilowatt.
Type Fee
Electrical devices, generators or
transformers:
Over 1 kilowatt to 10 kilowatt $20.00
Over 10 kilowatt to 45 kilowatt $60.00
Over 45 kilowatt to 112.5 kilowatt $120.00
Over 112.5 kilowatt $576.00
Motors:
Over 1 horsepower to 10 horse- $20.00
power
Over 10 horsepower to 50 horse- $60.00
power
Over 50 horsepower to 100 horse- $120.00
power
Over 100 horsepower $576.00
Service panels, service entrance or
subpanels:
0 to 200 amperes $58.00
201 to 1,000 amperes $116.00
Over 1,000 amperes $576.00 (each)
For the purpose of computing these fees, all motors except those plug-in appliances shall be counted, including control equipment, generators, transformers and all heating, cooking or other device consuming or generating electrical current, also water heater, range/oven, dryer, dishwasher or HVAC.
Minimum fee $60.00
Smoke detector fees:
1 to 20 heat/smoke detectors $75.00
21 to 100 heat/smoke detectors $130.00
101 to 200 heat/smoke detectors $240.00
201 to 400 heat/smoke detectors $610.00
401 to 1,000 heat/smoke detectors $835.00
Over 1,000 heat/smoke detectors $1,060.00
Sprinkler heads:
1 to 20 $82.00
21 to 100 $151.00
101 to 200 $289.00
201 to 400 $748.00
401 to 1,000 $1036.00
Over 1,000 $1323.00
Standpipes $289.00 (each)
Each independent pre-engineered $116.00
system
Each gas- or oil-fired appliance $58.00
which is not connected to the
plumbing system
Each kitchen exhaust system $65.00
Each incinerator/crematorium $460.00

~107-15. Fuel tanks, installations, per tank. [Amended 4-12-1995 by Ord. No. 971]
$75.00
Minimum fee $60.00
Lead hazard abatement. The fee for a permit for lead hazard abatement work shall be $176. The fee for a lead abatement clearance certificate shall be $35.00 [Added 5-14-1997 by Ord. No. 1013]
Asbestos hazard abatement [Added 5-14-1997 by Ord. No. 1013]
A. The enforcing agency that issues the construction permit and the certificate of occupancy for an asbestos hazard abatement project shall establish by regulation/ordinance the following flat fee schedule:
(1) An administrative fee of $106.00 for each construction permit issued for an asbestos hazard abatement project.
(2) An administrative fee of $21.00 for each certificate of occupancy issued following the successful completion of an asbestos hazard abatement project.
B. The authorization and reauthorization fees for the asbestos safety control monitor are delineated in N.J.A.C. 5:23-8.11.
C. The application fee for certification as an asbestos safety technician is delineated in N.J.A.C. 5:23-8.10.
D. All fees shall be paid by check or money order, payable to Treasurer, State of New Jersey.

~107-19. Demolition permits. [Amended 4-12-1995 by Ord. No. 971]
Type Fee
Structures less than 5,000 square feet $82.00
in area and 30 feet in height, one- to
two-family residence (Use Group R-3 of
the building subcode) and structures on
farms, including commercial farm
buildings under N.J.A.C. 5:23-3.2(d)
used exclusively for storage of food
or grain or sheltering of livestock
All other uses and purposes $151.00
Removal of 1 building from one lot to $5.00 per $1,000.00 of
another or to another location on the estimated cost of
same lot moving (plus estimated
cost of new foundation
and all work necessary
to place building in
completed condition in
new location)

~107-20. Installation of elevator.
Permit $260.00

~107-21. Plan review of building for compliance. [Amended 4-12-1995 by Ord. No. 971]
The fee for plan review of a building for compliance under the alternate systems and nondepletable energy source provisions of the energy subcode is as follows:
Type Fee
One- and two-family home $274.00
Light commercial structures having $254.00
indoor temperature controlled from a
single point
Other structures $1,369.00

~107-22. Application for Variation. [Amended 4-12-1995 by Ord. No. 971]
Application for variation in accordance with N.J.A.C. 5:23-2.10:
Type Fee
Class I $748.00
Class II and Class III $151.00
Resubmission, Class I $289.00
Resubmission, Class II and Class III $82.00

~107-23. Reinspection of equipment and facilities. [Amended 4-12-1995 by Ord. No. 971]
For periodic departmental reinspection of equipment and facilities granted a certificate of approval for specified duration in accordance with N.J.A.C. 5:23-2.23:
Type Fee
Requiring reinspection every 3 months:
Hazardous uses and places of assembly:
Up to 12,000 square feet of occu- $10.00
pancy
Each additional 10,000 square $5.00
feet
Cross-connections and backflow $85.00 (each, each test)
preventers
Cross-connections and backflow $120.00 (each,
preventers broken down and tested test, annually)
Requiring reinspection every 6 months:
Elevators:
Traction or winding drum
1 to 10 floors $306.00
Over 10 floors $510.00
Hydraulic elevator $272.00
Roped hydraulic elevator $306.00
Other devices:
Escalator/moving walk $272.00
Dumbwaiter $68.00
Stairway chairlift/other $68.00
Residential devices:
Elevator/other R-3/R-4 $204.00
Oil buffers $54.00
Counterweight governor and safeties $136.00
Auxiliary power generator $102.00
Alterations $68.00
Plan review $260.00
Plan review R-3/R-4 $50.00
Minimum fee $60.00
The fees established in this section shall be automatically adjusted to be in accordance with N.J.A.C. 5:23-4:20 as mandated by the Uniform Construction Code and the Department of Community Affairs as amended from time to time.

~107-24. Handicap ramps. [Added 6-9-1999 by Ord. No. 1049, amended 8-11-1999 by Ord. No. 1053]
Fees are waived for the installation of handicap ramps only on single family dwellings.

107-25 Senior citizen center
Current use by Lindenwold Senior citizens and existing non-profit organizations. All requests must be approved by Mayor and Council.

~107.1 Certified copies of marriage, death, birth and domestic partnerships
Copies $10.00 each

~174.45 Schedule of Rates
A. Charges for sewer service are:
(1) Annual rate
a. $120 per domestic consumer unit when paid in total on July 1
b. $134 per domestic consumer unit when not paid in total on July 1

~107.28. Charges for sewer service
(1) Annual rate
a. $120 per domestic consumer unit when paid in total on July 1
b. $134 per domestic consumer unit when not paid in total on July 1

~174.12. Application for Sewer Service
B. A certified check or money order in the amount of $1600.00 is required for the connection fee and shall accompany the application. Personal or company checks are not acceptable.

~107.31. Sewer Connection Fee
A certified check or money order in the amount of $1600.00 is required for the connection fee and shall accompany the application. Personal or company checks are not acceptable.

Mayor 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.

Motion was made by Councilman Strippoli, second by Councilman Jackson that Ordinance #1303 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading Ordinance #1304
AN ORDINANCE TO IMPLEMENT N.J.S.A. 2A:18-61.1(g)
PROVIDING FOR RELOCATION ASSISTANCE TO EVICTED TENANTS
AND ENHANCED PENALTIES UPON THE OWNER FOR ILLEGAL OCCUPANCIES
AND TO IMPLEMENT N.J.S.A. 20:4-4.1a PROVIDING FOR THE
CREATION OF A REVOLVING RELOCATION ASSISTANCE FUND.
(Chapter 172 formerly Rent Control)
WHEREAS, N.J.S.A. 20:4-4.1a authorizes a municipality to establish a revolving relocation assistance fund to deposit certain monies for purposes of providing relocation assistance pursuant to Section 1 of P.L. 1984, c. 30 (N.J.S.A. 20:4-1 et seq.); and
WHEREAS, N.J.S.A. 2A:18-61.1g authorizes a municipality to enact an ordinance entitling certain tenants to relocation assistance and providing for enhanced penalties to be paid by an owner and/or landlord of an unlawful dwelling unit; and
WHEREAS, it has been determined that property owners and/or landlords within the Borough of Lindenwold are allowing illegal occupancy of their properties in violation of municipal zoning codes, state and municipal occupancy codes and fire codes; and
WHEREAS, said violations drain the municipal treasury, create serious health, safety and hazard issues for the illegal occupants and the general public, and have a deleterious effect on the quality of life of the Borough residents; and
WHEREAS, the Governing Body believes that adoption of this Ordinance will serve the dual purpose of facilitating the orderly relocation of tenants and imposing strong consequences on an owner/landlord as a deterrent to renting unlawful units.
NOW THEREFORE BE IT ORDAINED by the Mayor and Council of the Borough of Lindenwold, in the County of Camden, State of New Jersey as follows:
§1. Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

DWELLING UNIT — Any room or rooms or suite or apartment, including any room or rooms in a rooming/boarding house, whether furnished or unfurnished, which is occupied or intended, arranged or designed to be occupied for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities and improvement connected with use or occupancy thereof. Each dwelling unit shall contain no more than one kitchen or cooking facility.

OWNER – Any person or group of persons, firm, corporation or officer thereof, limited liability company, partnership, association or trust who owns or purport to own, operates or exercises control over or is in charge of one or more rental units or any building, project or structure containing one or more rental units.

RENTAL UNIT — A dwelling unit which is used, occupied or offered for occupancy by lease, rent or otherwise, to persons other than the owner. Rental unit shall not include that portion of a rental facility, dwelling, commercial unit or dwelling unit that is owner-occupied. For purposes of this Article, any dwelling unit where the dwelling unit is occupied by a person or persons other than the owner, even if rent or other consideration is not being charged or collected, shall be considered a rental unit.

TENANT – The occupant of a rental unit whose occupancy is recognized by the owner and is not the result of trespass or unauthorized sublease or assignment.

§2. Revolving Relocation Assistance Fund.

Pursuant to N.J.S.A. 20:4-4.1.a., upon passage of this chapter the Borough of Lindenwold shall create a Revolving Relocation Assistance Fund. Monies appropriated from the Fund shall be used by the Borough of Lindenwold to provide relocation assistance pursuant to the Relocation Assistance Act, N.J.S.A. 20:4-1 et seq. The Revolving Relocation Assistance Fund shall receive deposits from the following actions, less any money required to be repaid to the State of New Jersey:

1. Any relocation costs, and interest thereon, paid to the Borough of Lindenwold pursuant to section 1 of P.L. 1983, c. 536 (N.J.S.A. 20:4-4.1) by an owner of real property who has been held liable for a civil or criminal penalty in the case of any displacement of persons by housing or construction code enforcement;

2. Any sums realized by the Borough of Lindenwold upon enforcement of municipal liens or liquidation of any property acquired by virtue of enforcement pursuant to section 1 of P.L. 1983 c. 536 (N.J.S.A. 20:4-4.1);

3. Any sums realized by the Borough of Lindenwold in relation to any relocation cost and interest thereon upon enforcement or liquidation of any property acquired by virtue of enforcement and collection pursuant to section 1 of P.l. 1984, c. 30 (N.J.S.A. 20:4-4.2);
4. Any relocation costs, and interest thereon, repaid to the Borough of Lindenwold by the owner of a structure who has given a tenant a notice of eviction pursuant to Section 3 of P.L. 1974, c. 49 (N.J.S.A. 2A:18-61.2) as a result of zoning or code enforcement activity for an illegal occupancy;

5. Any sums realized by the Borough of Lindenwold upon enforcement of §5 of this chapter;

6. Any other sums required by law to be deposited in the Revolving Relocation Assistance Fund.

§3. Illegal occupancy; displaced tenants

A. Any tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy as set forth in N.J.S.A. 2A:18-61.1(g), shall be considered a displaced person and shall be entitled to relocation assistance for the household as a single unit in an amount equal to six times the monthly rent paid by the displaced person. The owner of the rental unit from which the tenant is displaced shall be liable for the payment of relocation assistance pursuant to this section. This payment shall be made by the owner directly to the tenant prior to or upon the effective date of the notice to vacate the rental unit.

B. No tenant shall be eligible for relocation benefits if the illegal occupancy or code violation was primarily caused by the tenant’s conduct and not by factors for which the owner is liable.

§4. Relocation costs incurred by Borough; Restitution to Borough

A. The Borough of Lindenwold may, but shall not be required to, pay relocation assistance from the Borough’s Revolving Relocation Assistance Fund to any displaced person that has not received the required payment under §3 of this chapter from the owner of the rental unit at the time of eviction or displacement.

B. All relocation assistance costs incurred by the Borough of Lindenwold pursuant to this section shall be repaid by the owner of the rental unit to the Borough in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. These repayments shall be deposited into a Revolving Relocation Assistance Fund in accordance with §2 hereof.

§5. Penalties.

A. In addition to requiring reimbursement from the owner-landlord of the structure for relocation assistance paid by the Borough to a displaced tenant, the owner shall be liable for an additional fine for zoning or housing code violations for an illegal occupancy in an amount equal to six (6) times the monthly rental paid by the displaced person to be paid to the Borough by the owner-landlord of the structure pursuant to the provisions of N.J.S.A. 2A:18-61.1g(c).

B. In addition to any penalty imposed by this section, for a second or subsequent violation for an illegal occupancy, the Borough may impose upon the owner a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to “The Penalty Enforcement Law of 1999”, N.J.S.A. 2A:58-10 et seq. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and the payment of the fine shall be remitted to the appropriate school district. For purposes of this subsection, a “second and subsequent violation for an illegal occupancy” shall be limited to those violations that are new and are a result of a distinct and separate zoning or code enforcement activity and shall not include continuing violations during the period required for summary dispossession proceedings if the owner has initiated eviction proceedings in a court of proper jurisdiction.

§6. Severability.

If any section, subsection, part, clause or phrase of this Ordinance shall be declared invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this Ordinance.

§7. Inconsistencies.

All ordinances or portions thereof inconsistent with this Ordinance are repealed to the extent of such inconsistency.

§8. Effective Date.

This Ordinance shall take effect immediately upon final passage and publication as required by law.

Mayor 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.

Councilman Hans questioned if the Borough is responsible for paying for this assistance. The Borough solicitor reviewed the ordinance and stated that the fees are the responsibility of the property owners and/or the landowners. They will be assessed for the fees.

Motion was made by Councilman Jackson, second by Councilman Dougherty that Ordinance #1304 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading Ordinance #1305

AN ORDINANCE TO AMEND THE ORDINANCE REGULATING THE SALARIES OF THE OFFICERS AND NON-OFFICERS OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN AND STATE OF NEW JERSEY

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Lindenwold, County of Camden and State of New Jersey as follows:

SECTION 1. The following salaries shall be paid at the time designated to the officers and non-union employees of the Borough of Lindenwold, County of Camden and State of New Jersey while in the employ of the Borough of Lindenwold, who hold or are appointed to the positions enumerated below:

TITLE PAYABLE ANNUAL SALARY
Housing Inspector Weekly $ 39,500

Zoning Officer/Code Enforcement Officer Weekly $ 40,500

Captain of Police Weekly $107,164

SECTION 2. The salaries and wages herein described and specified shall take effect as stated and shall apply to the year 2011 and all years subsequent thereto, unless and until same have been changed as specified and provided by law.

Mayor 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.

Motion was made by Councilman Strippoli, second by Councilman Balmer that Ordinance #1305 be adopted as read on second reading. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

RESOLUTION #2011:237
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
Francis Mihm 160 16 $367.14
101 W. State Ave.
Lindenwold NJ 08021

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 Dougherty, second by Councilman Balmer that Resolution #2011:237 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:238
WHEREAS, there exists the need for the Borough of Lindenwold to amend Resolution #2011:226.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold, New Jersey that the following be and are hereby amended as follows:
From To
General Fund
Parks & Playground S&W 20,000.00
Streets & Roads S&W 10,000.00
Compliance Office OE 15,000.00
Group Insurance 65,000.00
Police OE 20,000.00
Sanitation/Recycling OE 15,000.00

Vehicle Maintenance 7,500.00
Unemployment Compensation 3,000.00
Police S & W 131,452.00
Administrative & Executive S&W 3,048.00
Total 145,000.00 145,000.00

Motion was made by Councilman Jackson, second by Councilman Dougherty that Resolution #2011:238 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2011:239
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the following transfers be made to the 2011 Budget in accordance with N.J.S 40A:4-58:
From To
General Fund
Engineering OE 5,000.00
Borough Clerk S&W 5,000.00
Liquidation of Tax Title Lien 10,000.00
Construction S & W 2,000.00
Insurance – Group 15,000.00
Parks & Playgrounds S&W 9,000.00
Garbage/Trash Removal 10,000.00
Municipal Court OE 3,500.00
Emergency Management OE 510.00
Vehicle Maintenance 6,500.00
Police S & W 10,600.00
Tax Collector S&W 2,640.00
Sanitation & Recycling S&W 5,120.00
Social Security System 14,450.00
Insurance Other 20,700.00
Total 60,010.00 60,010.00
Sewer Fund
Sewer OE 5,000.00
Sewer S & W 5,000.00

Motion was made by Councilman Jackson, second by Councilman Dougherty that Resolution #2011:239 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

MATTERS FOR DISCUSSION
The Borough Clerk reviewed the background for Council regarding the Zoning Review Fee. This is presented again to Council since a letter received by a resident objecting to he Zoning Review Fee. The Mayor also added that the Construction Official is reviewing the Ordinance and will submit his findings. Councilman Jackson noted a resident who wished to address Council. Jon Prochovnick explained the information received when he applied for a permit for his roof which included a zoning review fee of $25. He feels that there is no zoning ordinance that would restrict or prohibit replacing a roof. He obtain a copy of the Borough Ordinance which stated the fee but does not list particular permit. He feels that this does not affect the building envelop, size, addition, etc. therefore, should not require a zoning review. The Borough Solicitor responded that the New Jersey Statutes allow Municipalities to offset costs. This is a several step process which is authorized by State Statutes and the Borough has an ordinance in place since 2009. State Statute states that a reasonable fee may be charged with the fee being upheld in similar court cases. Councilman Balmer stated that this was required by the State several years ago. Mr. Prochovnick questioned the type of review for a roof. The Borough Solicitor stated that there is a process for analyzing and reviewing application. Mr. Prochovnick stated that he works for Voorhees Twp. and the Zoning Officer does not review roofing applications. Again, the Borough Solicitor affirmed that this is permissible by State Statute.

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

Mark Rinaldi reminded Council of his previous appearance on December 7 and the request for vacating a portion of Cooper Street. In response to a concern by Councilman Balmer that was addressed in a letter to the Borough Solicitor and on behalf of his clients, they have no plans to develop additional property. The only purpose of request to vacate a portion of this street is to be in compliance with the parking issue. The client is also willing to have a deed restriction to this fact if desired by Council. Mark Rinaldi also contacted Jack Kennedy, representing the Lindenwold Board of Education since they also own a portion of the street. The official position by the Board of Education is “no position” on this matter. Discussion continued regarding vacating the portion of Cooper Street. Councilman Balmer voiced his objections due to prior negative experience and environmental concerns. Mr. Rinaldi responded regarding the deed restriction or an easement. Mayor asked Council if any member was in favor of this proposal. Councilman Hans also stated that he was against. No member spoke in favor of proposal. Mr. Rinaldi thanked Council for their time.

Steve Schwegel, Lindenwold Board of Fire Commissioners, requested information regarding the closing of the former Borough Garage that was being used as a gym. Mayor stated that they had received a report regarding the building with the recommendation that it be closed. Mr. Schwegel requested a copy which would be supplied. Mr. Lodovici was asked for information. He stated the decision was made by the Borough due to health and safety concerns in the report. Both the Borough and the Fire Commission face budget concerns regarding the property. Mayor to discuss with Council regarding future plans.

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

RESOLUTION #2011:240
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 Balmer, second by Councilman Dougherty that Resolution #2011:240 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

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

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


DATED: March 28, 2012
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Deborah C. Jackson, RMC
Borough Clerk