Lindenwold Borough Community Pages

Borough Announcements

Council Mtg. Min., March 28, 2012 Part 2

May 11, 2012 by Clerk

Part 2 of the Minutes for Council Meeting on March 28, 2012

§167-26. Local Housing Inspector as receiver of rents and income.

Where a property has failed to have been maintained in accordance with this Chapter, the Local Housing Inspector may, with the approval of the governing body of the Borough of Lindenwold, by resolution, bring an action to be appointed receiver ex officio of the rents and income of any such property for the purpose of collecting the rents and income from such property and expending the same for the purpose of abating the conditions against which this chapter is directed. The procedure and other legal steps shall be governed by the provisions of N.J.S.A. 40:48-2.12(h) through 48-2.12(k) and/or N.J.S.A. 2A:42-74 through 42-84.

§167-27. Removal of brush, debris, garbage, etc.; lien against the premises.

Where it shall be necessary and expedient for the preservation of public health, safety, or general welfare, or to eliminate a fire hazard, the Borough Council may require the owner or occupant of a premises to remove or destroy brush, weeds including ragweed, dead or dying trees, roots, obnoxious growths, filth, garbage, trash and debris, within ten (10) days after notice to remove or destroy the same. Notice shall be made as provided in §167-21. In cases where the owner or occupant shall have refused or neglected to remove or destroy same in the manner and within the time provided above, the Borough Council may provide for the removal or destruction of the same by or under the direction of a municipal officer, such officer shall certify the costs thereof to the Borough Council, who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said premises; the amount so charged shall forthwith become and form part of the taxes to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes. Notice of the amount so charged as a lien against the premises shall be forwarded to the owner by certified mail. Any owner or party interested may, within sixty (60) days of the filing of the lien certificate, proceed in a summary manner in the Superior Court solely to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificates.

§167-28. Referral of violations of other ordinances.

Any violation of any ordinance other than this chapter discovered in the enforcement of this chapter shall be reported to the Local Housing Inspector, who shall refer the alleged violation to the official or agency responsible for the enforcement of such ordinance.

§167-29. Power to withhold strict enforcement.

The Local Housing Inspector shall have the power to withhold strict enforcement of this chapter upon written application therefor by an owner or party in interest after obtaining approval of the Borough Council, after making determination that:

A. Any variation or modification of structure use approved by the Local Housing Inspector will not in any material way alter the standards of this chapter and cannot affect detrimentally the health or safety of occupants of the premises or the health, safety or welfare of the occupants or owners of adjacent premises or of the neighborhood.

B. Strict enforcement would constitute an undue and unnecessary hardship on the owner, operator or occupant because it would compel expenditures on premises that would be substantially disproportionate to any benefit to health, safety or welfare that might be derived therefrom.

C. The owner, operator or occupant is without any practical or feasible means to comply with the strict provisions of this chapter.

§167-30. Extensions.

The Local Housing Inspector may grant extensions of time whenever he or she shall determine that despite diligent effort, compliance cannot be accomplished within the time specified in the notice or under this chapter. If, however, such extension shall be for a period in excess of three business days, or if more than one extension is sought, the Local Housing Inspector shall require a written application of extension stating the need for said extension and demonstrating that the continued noncompliance will not be detrimental to the health, safety or welfare of the occupants of the building or dwelling unit or the public. The Local Housing Inspector shall rule in writing upon the extension and such ruling shall be made part of the file.

§167-31. Nuisances; abatement or correction by Borough; cost as lien.

The governing body of the Borough of Lindenwold may, by resolution, abate a nuisance, correct a defect or put the premises in condition so as to comply with the requirements of any municipal ordinance or state law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purpose and charge the same against the premises; and the amount thereof as determined by the governing body of the municipality shall be a lien against the premises and collectible as provided in this chapter.

§167-32. Emergencies.

Whenever the Local Housing Inspector finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order requiring that such action be taken as he determines necessary, applying the statutes and other provisions of this chapter to meet the emergency, and such order shall be effective immediately; and any person to whom such order is directed shall comply immediately, but upon petition to the Local Housing Inspector shall be afforded a hearing as soon as possible. The provisions of this chapter as to charging the costs and making them assessable as taxes shall apply to such emergencies.

§167-33. Temporary housing in the event of emergencies.

In the event that a single-family home is damaged by fire or other immediate emergency such as flood, lightning or being struck by a falling tree, and, in the opinion of the Borough Construction Code Official, the inhabitants of the structure cannot safely continue to reside in the structure during its repair or reconstruction, then the Construction Code Official may authorize placement of a trailer on the site as temporary living accommodations for the inhabitants. The Construction Code Official shall approve the type of trailer and its location on the site and shall make sure it complies with all other applicable laws, regulations and ordinances, including Board of Health requirements. The Construction Code Official shall have the authority to grant an initial ninety-day permit for the temporary trailer and such other extensions as he deems appropriate. However, in no event shall the temporary trailer be permitted to remain on the site for longer than nine months. Nothing in this section shall permit use of a temporary trailer on a site where the structure has become uninhabitable due to neglect and/or failure to repair and maintain the structure.

§167-34. Coordination with the Police Department.

It shall be the duty of the Police Department and the Local Housing Inspector to coordinate their efforts for purposes of enforcing this chapter. Any violations found by proper representatives of the Police Department shall be immediately forwarded to the Local Housing Inspector (not more than 48 hours from said noted violation), and the Police Department representatives designated by the Chief of Police shall assist the Local Housing Inspector and/or his representatives in obtaining legal entrance into a dwelling unit, building or premises in order to effectuate enforcement of this chapter.

§167-35. Violations and penalties.

A. Where any person fails to comply with a notice issued pursuant to this chapter, such a person or entity shall be deemed in violation of this chapter and shall be subject to the penalties provided herein, and each day of noncompliance with said notice shall be deemed and taken to be a separate and distinct offense. Any person who shall violate any of the provisions of this chapter, or any person who aids, assists or abets in the violation of any provision of this chapter shall be subject to the penalties provided herein; and each violation of any of the provisions of this chapter for each day the same is violated shall be deemed and taken to be a separate and distinct offense. A summons may be issued from Municipal Court for such violation, but nothing contained herein shall limit further action under the criminal and civil laws of this state through any court of competent jurisdiction as may be necessary to remove or abate any nuisance.

B. Upon conviction in Municipal Court, each violation shall be punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a period of not to exceed 90 days, or both such fine and imprisonment. All penalties and money collected under any provision of this chapter or the code established herein shall be paid to the Treasurer of the Borough of Lindenwold.

§167-36. Statutory authority.

This chapter is enacted pursuant to the following New Jersey statutes: N.J.S.A. 40:48-2.14; 40:48-1, Subdivision 15; 40:48-2.3 through 48-2.12; 40:48-2.12(a) through 48-2.12(l); 40:69A-30; and/or N.J.S.A. 2A:42-74 through 42-84 and the municipality’s general police powers.

§167-37. Severability.

In the event that any section, sentence or clause of this chapter or the code established herein shall be declared unconstitutional, invalid or unenforceable by a court of competent jurisdiction, such declaration shall not in any manner prejudice the enforcement of the remaining provisions.

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 requested a copy.

Councilman Strippoli asked how this affects other Borough ordinances. Borough Solicitor explained that this incorporates the International Codes into the Borough Code.

Motion was made by Councilman Balmer, second by Councilman Dougherty that Ordinance #1310 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading of Ordinance #1314
AN ORDINANCE TO AMEND CHAPTER 51 AND ORDINANCE #1290 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
Police Chief Weekly $ 122,870.00

SECTION 2. The salaries and wages herein described and specified shall take effect as stated and shall apply to the year 2012 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.

Question was asked if this was the salary ordinance. Borough Solicitor responded that it amended one position.

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

Councilman Hans asked if this was the Police Chief salary. Mayor responded it was.

Motion was made by Councilman Dougherty, second by Councilman Balmer that Ordinance #1314 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Borough Solicitor asked the person who questioned the above ordinance to identify himself for the record.

Person identified himself as John Schmidt of Gloucester City.

First Reading of Ordinances 1315
Ordinance 1315-Capital Bond
BOROUGH OF LINDENWOLD, NEW JERSEY
BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS PIECES OF EQUIPMENT AND THE COMPLETION OF VARIOUS CAPITAL IMPROVEMENTS IN AND FOR THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $681,160 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $647,110 MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING
BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Lindenwold, County of Camden, New Jersey ("Borough").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $681,160;

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $647,110; and

(c) a down payment in the amount of $34,050 for the purposes stated in Section 7 hereof is currently available in accordance with the requirements of Section 11 of the Local Bond Law, N.J.S.A. 40A:2-11.

Section 3. The sum of $647,110, to be raised by the issuance of bonds or bond anticipation notes, together with the sum of $34,050, which amount represents the required down payment, are hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $647,110 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $647,110 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $135,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:



Purpose/Improvement Estimated
Total Cost Down Payment Amount of
Obligations Period of
Usefulness
A. Acquisition of four (4) Police Interceptor Utility Vehicles, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $130,000 $6,500 123,500 5 years
B. Acquisition of a Utility Tractor, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 48,000 2,400 45,600 5 years
C. Repair and/or Replacement of Roof on Public Works Garage, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 184,000 9,200 174,800 20 years
D. Acquisition of Equipment for Public Works Department including, but not limited to, Leaf Vacuums, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 93,000 4,650 88,350 5 years
E. Various Improvements to Municipal Buildings, all as more particularly described in the plans and specifications on file with the Borough Clerk, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 53,500 2,675 50,825 20 years
F. Acquisition of two (2) Pick-Up Trucks, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 80,000 4,000 76,000 5 years
G. Acquisition of Mower and Landscaping Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 20,160 1,000 19,160 5 years
H. Acquisition of Equipment for Police Department including, but not limited to, Electronic Control Devises, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 48,000 2,400 45,600 5 years
I Acquisition of Various Communications Equipment including, but not limited to, Radio Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 24,500 1,225 23,275 5 years
TOTALS $681,160 $34,050 $647,110

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 10.22 years.

Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $647,110 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget of the Borough is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Borough hereby covenants as follows:

(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;

(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;

(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;

(d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and

(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.

Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.

Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Motion was made by Councilman Strippoli, second by Councilman Balmer that Ordinance #1315 be adopted as read on first reading, published according to law, with second reading being held at next regular scheduled meeting. Roll call vote was unanimous in the affirmative. Motion carried.

Ordinance 1316-Sewer Bond
BOROUGH OF LINDENWOLD, NEW JERSEY
BOND ORDINANCE AUTHORIZING THE ACQUISITION OF VARIOUS EQUIPMENT FOR THE SEWER UTILITY IN THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY; APPROPRIATING THE SUM OF $525,000 THEREFOR; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OR BOND ANTICIPATION NOTES OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY, IN THE AGGREGATE PRINCIPAL AMOUNT OF UP TO $525,000 MAKING CERTAIN DETERMINATIONS AND COVENANTS; AND AUTHORIZING CERTAIN RELATED ACTIONS IN CONNECTION WITH THE FOREGOING


BE IT ORDAINED by the Borough Council of the Borough of Lindenwold, County of Camden, New Jersey (not less than two-thirds of all the members thereof affirmatively concurring), pursuant to the provisions of the Local Bond Law, Chapter 169 of the Laws of 1960 of the State of New Jersey, as amended and supplemented ("Local Bond Law"), as follows:

Section 1. The purposes described in Section 7 hereof are hereby authorized as general improvements to be made or acquired by the Borough of Lindenwold, County of Camden, New Jersey ("Borough").

Section 2. It is hereby found, determined and declared as follows:

(a) the estimated amount to be raised by the Borough from all sources for the purposes stated in Section 7 hereof is $525,000; and

(b) the estimated amount of bonds or bond anticipation notes to be issued for the purposes stated in Section 7 hereof is $525,000.

Section 3. The sum of $525,000, to be raised by the issuance of bonds or bond anticipation notes, is hereby appropriated for the purposes stated in this bond ordinance ("Bond Ordinance").

Section 4. The issuance of negotiable bonds of the Borough in an amount not to exceed $525,000 to finance the costs of the purposes described in Section 7 hereof is hereby authorized. Said bonds shall be sold in accordance with the requirements of the Local Bond Law.

Section 5. In order to temporarily finance the purposes described in Section 7 hereof, the issuance of bond anticipation notes of the Borough in an amount not to exceed $525,000 is hereby authorized. Pursuant to the Local Bond Law, the Chief Financial Officer is hereby authorized to sell part or all of the bond anticipation notes from time to time at public or private sale and to deliver the same to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their date to delivery thereof. The Chief Financial Officer is hereby directed to report in writing to the governing body at the meeting next succeeding the date when any sale or delivery of the bond anticipation notes pursuant to this Bond Ordinance is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the bond anticipation notes sold, the price obtained and the name of the purchaser.

Section 6. The amount of the proceeds of the obligations authorized by this Bond Ordinance which may be used for the payment of interest on such obligations, accounting, engineering, legal fees and other items as provided in Section 20 of the Local Bond Law, N.J.S.A. 40A:2-20, shall not exceed the sum of $100,000.

Section 7. The improvements hereby authorized and the purposes for which said obligations are to be issued; the estimated costs of each said purpose; the amount of down payment for each said purpose; the maximum amount obligations to be issued for each said purpose and the period of usefulness of each said purpose within the limitations of the Local Bond Law are as follows:



Purpose/Improvement Estimated
Total Cost Down Payment Amount of
Obligations Period of
Usefulness
A. Acquisition of Equipment including, but not limited to, a Jet Vactor and Video Inspection Equipment, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto $510,000 $0 $510,000 15 years
B. Acquisition of Communications Equipment including, but not limited to, Radios, together with the acquisition of all materials and equipment and completion of all work necessary therefor or related thereto 15,000 0 15,000 10 years
TOTALS $525,000 $0 $525,000

Section 8. The average period of useful life of the several purposes for the financing of which this Bond Ordinance authorizes the issuance of bonds or bond anticipation notes, taking into consideration the respective amounts of bonds or bond anticipation notes authorized for said several purposes, is not less than 14.85 years.

Section 9. Grants or other monies received from any governmental entity, if any, will be applied to the payment of, or repayment of obligations issued to finance, the costs of the purposes described in Section 7 above.

Section 10. The supplemental debt statement provided for in Section 10 of the Local Bond Law, N.J.S.A. 40A:2-10, was duly filed in the office of the Clerk prior to the passage of this Bond Ordinance on first reading and a complete executed duplicate original thereof has been filed in the Office of the Director of the Division of Local Government Services in the Department of Community Affairs of the State of New Jersey. The supplemental debt statement shows that the gross debt of the Borough, as defined in Section 43 of the Local Bond Law, N.J.S.A. 40A:2-43, is increased by this Bond Ordinance by $525,000 and that the obligations authorized by this Bond Ordinance will be within all debt limitations prescribed by said Local Bond Law.

Section 11. The full faith and credit of the Borough are irrevocably pledged to the punctual payment of the principal of and interest on the bonds or bond anticipation notes authorized by this Bond Ordinance, and to the extent payment is not otherwise provided, the Borough shall levy ad valorem taxes on all taxable real property without limitation as to rate or amount for the payment thereof.

Section 12. The applicable Capital Budget of the Borough is hereby amended to conform with the provisions of this Bond Ordinance to the extent of any inconsistency therewith, and the resolution promulgated by the Local Finance Board showing full detail of the amended applicable Capital Budget and Capital Program as approved by the Director of the Division of Local Government Services, is on file with the Clerk and available for inspection.

Section 13. The Borough hereby declares its intent to reimburse itself from the proceeds of the bonds or bond anticipation notes authorized by this Bond Ordinance pursuant to Income Tax Regulation Section 1.150-2(e), promulgated under the Internal Revenue Code of 1986, as amended ("Code"), for "original expenditures", as defined in Income Tax Regulation Section 1.150-2(c)(2), made by the Borough prior to the issuance of such bonds or bond anticipation notes.

Section 14. The Borough hereby covenants as follows:
(a) it shall take all actions necessary to ensure that the interest paid on the bonds or bond anticipation notes authorized by the Bond Ordinance is exempt from the gross income of the owners thereof for federal income taxation purposes, and will not become a specific item of tax preference pursuant to Section 57(a)(5) of the Code;
(b) it will not make any use of the proceeds of the bonds or bond anticipation notes or do or suffer any other action that would cause the bonds or bond anticipation notes to be "arbitrage bonds" as such term is defined in Section 148(a) of the Code and the Regulations promulgated thereunder;
(c) it shall calculate or cause to be calculated and pay, when due, the rebatable arbitrage with respect to the "gross proceeds" (as such term is used in Section 148(f) of the Code) of the bonds or bond anticipation notes;
(d) it shall timely file with the Internal Revenue Service, such information report or reports as may be required by Sections 148(f) and 149(e) of the Code; and
(e) it shall take no action that would cause the bonds or bond anticipation notes to be "federally guaranteed" within the meaning of Section 149(b) of the Code.

Section 15. The improvements authorized hereby are not current expenses and are improvements that the Borough may lawfully make. No part of the cost of the improvements authorized hereby has been or shall be specially assessed on any property specially benefited thereby.
Section 16. All ordinances, or parts of ordinances, inconsistent herewith are hereby repealed to the extent of such inconsistency.
Section 17. In accordance with the Local Bond Law, this Bond Ordinance shall take effect twenty (20) days after the first publication thereof after final passage.

Motion was made by Councilman Strippoli, second by Councilman Hans that Ordinance #1316 be adopted as read on first reading, published according to law, with second reading being held at next regular scheduled meeting. Roll call vote was unanimous in the affirmative. Motion carried.

Matters for Discussion
a. Mayor reviewed the request by Neal Loebel regarding lowering Laurel Lake. Mayor reviewed the history including a grant for a boat ramp to allow access for Lindenwold residents which was opposed by the residents of that area. He also sited budget concerns. Councilman Dougherty stated the dam was owned by Laurel Springs.
b. Mayor reviewed a resident’s request to install a handicap sign on Park Avenue. Council agreed and resolution will be prepared for next meeting.

Open to Public
Mayor Roach opened the meeting to the public for any questions or comments and requested signing in.

Mr. Schmidt asked if it was mandatory. Borough Solicitor stated it was for record keeping purposes according to the Open Public Meetings Act. Mr. John Schmidt said he would state his name for the record for the audio. Borough Solicitor asked for the record if Mr. Schmidt had an aversion to signing his name on the paper. Mr. Schmidt stated he did not like sign in sheets. Borough Solicitor requested his specific address for the record. Mr. Schmidt asked if the Borough had minutes approved for January and February. Mayor stated that minutes were being prepared. Mr. Schmidt stated that it should be done in a timely manner which has been defined as a month. Borough Solicitor stated that the Borough will comply with the law. When Mr. Schmidt tried to hand the Mayor a document, he was directed to present the document to the Solicitor for review. Mr. Schmidt started reading his letter for the record concerning his concerns regarding the Borough’s Opra Record Request Form. When he made comments, the Borough Solicitor requested he read the letter in its entirety before commenting. Mr. Schmidt said “Point of Order Mr. Mayor”. Borough Solicitor stated that he would rule on the Point of Order. Borough Solicitor again asked for Mr. Schmidt to read the letter in its entirety and stated that his Point of Order was noted for the record. Mr. Schmidt continued reading his letter which stated that the appeal process was insufficient. The Borough Solicitor noted for the record that the language was acceptable. He also stated that in his packet for the Mayor was a sample Opra Request form from the Government Records Council and the proper appeal procedure. Mr. Schmidt asked Council and Record Custodian to address the issue. Mr. Schmidt asked if Council heard him. For the record, Council responded yes. Mr. Schmidt questioned the form of government and addressing questions which the Solicitor responded.

Heather Grieco, resident, questioned the status of the Borough Hall. Mayor explained that there is remediation due to mold. She then questioned if the taxpayers would be responsible since Council did not complete in a timely manner. Mayor explained that it was still within the budget. She proceeded to address the Council Liaison, Mr. Dougherty, regarding the Public School policy to allow girls to dress differently due to Women’s History Month. She feels this policy is discriminatory and feels this needs to be addressed. Mr. Dougherty will discuss with the Superintendent and requested her name and address for contact purposes. For the record she stated that her boys will go to school without uniforms similar to the girls.

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

Resolution 2012:107 - 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 and personnel matters of the Borough.

Motion was made by Councilman Hans, second by Councilman Strippoli that Resolution #2012:107 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Before leaving, Mr. Schmidt questioned Executive Session with the Borough Solicitor.

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

Adjournment
Motion was made by Councilman Dougherty, second by Councilman Hans that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried.


DATED: May 2, 2012
________________________________
Deborah C. Jackson, RMC
Borough Clerk