Lindenwold Borough Community Pages

Borough Announcements

Council Mtg. Min.-May 9, 2012

June 14, 2012 by Clerk

Minutes for Council Meeting on May 9, 2012

Call Meeting 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 N.J.S.A., 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

Roll Call
Present: Councilman Balmer, Dougherty, Hans, Jackson, Strippoli, President Randolph-Sharpe and Mayor Roach

Approval of Minutes
Motion was made by President Randolph-Sharpe, second by Councilman Hans that the Council Minutes of the April 4, 2012 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Balmer and Councilman Jackson abstaining. Motion carried.
Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that the Council Executive Minutes of the April 4, 2012 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Balmer and Councilman Jackson abstaining. Motion carried.
Motion was made by Councilman Balmer, second by Councilman Dougherty that the Council Minutes of the April 11, 2012 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.
Motion was made by Councilman Balmer, second by Councilman Dougherty that the Council Executive Minutes of the April 11, 2012 meeting be adopted as presented. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

Payment of Bills
Motion was made by Councilman Balmer, second by Councilman Jackson that all bills that have been properly audited be approved for payment. Roll call vote was unanimous in the affirmative. Motion carried.

The following reports have been filed and are available in the respective offices for review and will be
included in the minutes:
a. Tax Collector’s Report $3,307,607.62
b. Sewer Utility Report $ 104,359.14

First Reading Ordinance #1319:Amend Ordinance #1306 (Chapter 107)-Fee Schedule
AN ORDINANCE AMENDING CHAPTER 107 OF THE EXISTING LINDENWOLD FEE SCHEDULE
WHEREAS, the municipal governing body of the Borough of Lindenwold wishes to ensure consistency in its fee provisions;
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows:
CD Recordings .25 each
Ceremony Fee (Marriage/Civil Union) $150.00 per event
Clothing Donations Bin Permit Fee $50.00 per bin
Renewal Permit Fee $25.00 per bin

~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

Plan Review fee for plans that have already been released:
There shall be an additional fee of $75.00 per hour for review of an amendment, meetings or change to a plan that has already been released per subcode having assigned plan review responsibility to perform such a review in conjunction with the regulations and actual submittal. This fee may be waived at the discretion of the Construction Official in the event the work and review is of a minor nature.

~107.32. Charges for Trash Utility
(1) Annual rate
a. $120 per domestic consumer unit and per apartment/condominium unit when paid in total on July 1
b. Owner occupants of residential units who are age sixty-five (65) and older and who qualify for a New Jersey senior citizen property tax credit may apply for an annual twenty-five ($25.00) dollar credit

Councilman Hans questioned what was included in the ordinance. All of the above information will be included in the amended fee ordinance.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Ordinance #1319 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 in the affirmative with Councilman Hans abstaining. Motion carried.

First Reading Ordinance #1320:Amend Ordinance #1295 Solid Waste Management Utility
AN ORDINANCE AMENDING SECTION 22-3.5(b) OF THE EXISTING LINDENWOLD SOLID WASTE MANAGEMENT UTILITY ORDINANCE
WHEREAS, the municipal governing body of the Borough of Lindenwold wishes to amend the existing Solid Waste Management Utility Ordinance.
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, as follows:
Section § 22-3.5(b) of Ordinance #1295 entitled Payment of Service Charge is hereby amended to read:
b. The charges hereby imposed shall be payable to the Borough of Lindenwold, and each payment shall draw the same interest as taxes upon real estate beginning ten (10) days after the due date and shall be a lien upon the property to which service was made available until paid. The Borough of Lindenwold shall have the same remedies for collection of the charges hereby imposed, with interest, costs and penalties, as it has by law for the collection of taxes on real estate.
This ordinance shall take effect upon proper passage and publication according to law.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Ordinance #1320 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.

First Reading Ordinance #1321:Amend Ordinance #1290
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 beginning January 1, respectively.
2012
TITLE PAYABLE ANNUAL
Administrator Weekly 13,728
Superintendent of Public Works Weekly 93,237
Asst. Superintendent of Public Works Weekly 70,665
Public Works Supervisor Weekly 50,285
Mechanic Weekly 67,710
Sewer Superintendent Weekly 82,099
Pumping Station Repairer Foreman Weekly 63,017
Borough Clerk Weekly 62,081
Municipal Search Clerk Quarterly 600
Municipal Treasurer/Chief Financial Officer Weekly 80,108
Deputy Municipal Treasurer Weekly 39,341
Municipal Tax Collector Weekly 78,504
Construction Official Weekly 68,515
Clerk Typist Weekly 34,318
Construction Foreman Weekly 24.22/hr
Court Administrator Weekly 56,692
Police Administrative Services Manager Weekly 54,654
Only the above named positions are entitled to health benefits.
2012
TITLE PAYABLE ANNUAL
Mayor Monthly 7,000
Marriage Officiant Monthly 150 per ceremony
Council Members Monthly 6,000
Tax Assessor Weekly 17,850
Deputy Tax Assessor Weekly 17,489
Tax Search Clerk Quarterly 1,000
Municipal Prosecutor Monthly 13,000
Public Defender Monthly 5,200
Municipal Court Judge Monthly 21,500
Clerk/Clerk Typist Part Time Weekly 10.80/hr
Security Guard Weekly 10.00/hr
School Traffic Guard Weekly 10.80/hr.
Fire Sub-Code Official Monthly 5,000
Electrical Sub-Code Official Monthly 10,500
Plumbing Sub-Code Official Monthly 5,000
Emergency Management Coordinator Monthly 4,000
Asst. Emergency Management Coordinator Monthly 1,200
Laborer, Part Time Weekly 11.00/hr.
Clerk, Part Time Weekly 18.00/hr.
Baliff, Part Time Weekly 10.00/hr.
Court Clerk, Part Time Monthly 150.00 per session
SECTION 2. The following percentage of increase to annual base salaries for longevity for full time employees shall be as follows:
0 - 4 years inclusive - 0%
5 - 10 years inclusive - 3%
11 - 15 years inclusive - 4%
16 - 20 years inclusive - 5%
21 years or more - 6%
SECTION 3. The salaries and wages herein described and specified shall take effect January 1, 2012 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.

Councilman Hans questioned if this included part-time employees. Borough Solicitor responded it was for all employees that were non-contractual.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Ordinance #1321 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 in the affirmative with Councilman Hans voting against. Motion carried.

RESOLUTION #2012:133-Release Bid Bond
WHEREAS, KPI #2, Inc. posted a bid guarantee for the new municipal building roof installation, and
WHEREAS, the Construction Official has inspected the roof system and has informed Mayor and Council that it was complete and satisfactory.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the bid bond be released.

Motion was made by President Randolph-Sharpe, second by Councilman Strippoli that Resolution #2012:133 be adopted as read. Roll call vote was in the affirmative with Councilman Hans voting against. Motion carried.

RESOLUTION #2012:134-Refund Duplicate Cost of Sale
WHEREAS, on April 12, 2012 Wells Fargo Real Estate Tax Service paid the cost of sale of $65.00 for Block 67 L 12, 401 Wilson Ave., and
WHEREAS, the property owner also paid the cost of sale in the amount of $65.00.
THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold that $65.00 be refunded to:
Wells Fargo R/E Tax Service

Motion was made by Councilman Strippoli, second by Councilman Hans that Resolution #2012:134 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION 2012:135-Issuance of 2012 Bonds
RESOLUTION OF THE BOROUGH COUNCIL OF THE BOROUGH OF LINDENWOLD, COUNTY OF CAMDEN, NEW JERSEY AUTHORIZING THE ISSUANCE AND SALE OF UP TO $4,415,000 OF GENERAL OBLIGATION BONDS, SERIES 2012, OF THE BOROUGH OF LINDENWOLD; MAKING CERTAIN COVENANTS TO MAINTAIN THE EXEMPTION OF THE INTEREST ON SAID BONDS FROM FEDERAL INCOME TAXATION; AND AUTHORIZING SUCH FURTHER ACTIONS AND MAKING SUCH DETERMINATIONS AS MAY BE NECESSARY OR APPROPRIATE TO EFFECTUATE THE ISSUANCE AND SALE OF THE BONDS

Councilman Balmer asked for an explanation of this resolution. The Borough Clerk explained that this was permanent financing for all the Capital improvements including the Sewer Capital over the last several years. This also includes the projects that were approved in the 2012 Budget.

Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution #2012:135 be adopted as read. Roll call vote was in the affirmative with Councilman Hans voting against. Motion carried.

RESOLUTION #2012:136-Refund Tax Overpayment
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
Wells Fargo R/E Tax Service 299.06 8 $1263.33
ATTN: Unit Region 1
MAC X2302-04D
1 Home Campus
Des Moines, IA 50328
THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold, that the above refund be issued.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:136 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:137-Update Borough Personnel Manual
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Personnel Manual be amended as follows:
Page 6 Replaced Section “Americans with Disabilities Act Policy” due to revisions in the law
Page 27 Replaced Section “Access to Personnel Records Policy” due to updated language Page 39 Replaced Section E-Mail, Voice Mail, Computer and Internet Usage Policy to address expanding issues raised with evolving technology
Page 35 Insertion of new section for Flexibility Spending Account.

Councilman Hans requested copies of the changes which will be provided. Borough Solicitor read entire resolution.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:137 be adopted as read. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

RESOLUTION 2012:138-Restore Energy Tax to Municipalities
WHEREAS, taxes on gas and electric utilities were originally collected by the host municipalities to be used for local purposes and to compensate the public for the use of their rights of way; and
WHEREAS, when the State made itself the collection agent for these taxes, it promised to dedicate the proceeds to municipal property tax relief; since, just as municipalities collect property taxes for the benefit of school districts, counties and other entities; the State is supposed to collect Energy Taxes for the benefit of municipal governments; and
WHEREAS, for years, though, State budget makers have diverted funding from Energy Taxes to fund State programs; and instead of being spent on local programs and services and used to offset property taxes, the money has been spent as successive Legislatures and Administrations have seen fit; and
WHEREAS, while the State may need to have the right to over-ride the statutory dedication of these revenues to local governments, in order to deal with emergencies and crises that may occur; current State policy makers should not exercise that right automatically; and
WHEREAS, while that right should be the exception, it has become the rule; and
WHEREAS, by using tactics such as reducing CMPTRA, which is also comprised of revenues that should be returned to municipalities, State Budget makers have been able to continue collecting Energy Taxes, while keeping additional revenue that should have been returned to provide property tax relief; and
WHEREAS, from $72 million in State Fiscal Year 2005, to $505 million in State Fiscal Year 2011, the State’s diversion of Energy Taxes has continued to grow; and
WHEREAS, in 2008, 2009 and 2010 (SFY 2009, 2010 and 2011), funding for municipal revenue replacement was slashed by about $26 million in 2008 and $32 million in 2009, followed by losses of about $271 million in 2010; and
WHEREAS, the cumulative impact of years of underfunding has left many municipalities with serious needs and burdensome property taxes; and
WHEREAS, local elected officials are in the best position to decide the best use for these resources, which were always intended to fund local programs and services;
NOW THEFORE BE IT RESOLVED, by the Mayor and Governing Body of the Borough of Lindenwold, that we join with the League of Municipalities in calling for the immediate restoration of funding diverted from Energy Taxes intended for local use; and
BE IT FURTHER RESOLVED, that we, respectfully, call on State policy makers to end the diversion of our municipal resources to cover State spending and to provide us with this important tool to relieve the worst-in-the-nation property tax burden borne, for too long, by the people of New Jersey; and
BE IT FINALLY RESOLVED, that copies of this Resolution be forwarded to the Governor of the State of New Jersey, our State Legislators and the League of Municipalities.

Councilman Balmer informed Council that this was discussed at a seminar in Trenton.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:138 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Department Reports
Councilman Strippoli reported the use of the Lindenwold Library for April, 2012. There will be a Mother’s Day craft on Friday, May 11 and the Writer’s Workshop on Saturday, May 12. The Friends of the Library made a donation for landscaping. The Summer Reading Program is June 26 – August 24. The Library Board approved an increase in overdue fees. The Public Works Department reported on the monthly collection and that no injuries were reported. Curbs have been installed on Walnut Avenue with the final paving to be completed within the next two weeks. The new trucks have been received. The Sewer Department passed the annual audit by the JIF Insurance fund.

Councilman Hans reported that the fire that occurred on Beachwood was ruled accidental. The roof project has started on the building used as a gym by the Fire Company. The Senior Prom sponsored by the Municipal Alliance was a success. Celebration volunteers are scheduled to clean up the Concession Stand for the summer activities. In addition, a long standing member resigned from the Celebration Committee.

President Randolph-Sharpe reported that financial information was requested for the upcoming Bond Sale. The newsletter will be printed and released soon. Council discussed the delivery of the newsletter to the apartment complexes. Council President is currently in the process of arranging a meeting with the school and Comcast regarding Channel 192. She also updated Council regarding the shooting at the Ironhorse Saloon. A report was requested from the police department regarding the number of calls received in the past. The Chief’s report was presented. The Police Department will be playing baseball against the ARC team. She also presented information regarding a road incident and the benefit of installing the traffic light cameras. She used the example of cameras in Gloucester Township. Mayor also mentioned a possible shared service.

Councilman Dougherty reported the school was quiet preparing for graduation. He also recognized the accomplishments of Geraldine Carroll receiving Superintendent of the Year. Councilman Dougherty suggested that Councilman Strippoli, member of the Camden Catholic Hall of Fame, help the baseball team.

Councilman Jackson informed Council that the students did an outstanding job at the Senior Prom. He suggested some recognition for their hard work to make this event successful. Councilman Jackson updated Council regarding the resident complaints and the response from the Code Enforcement Officer. Discussion regarding unsafe properties that need to be addressed. The background checks for Parks and Recreation are going satisfactorily well. He also discussed at the Park and Recreation meeting the accounting report which Council requested and had been done yearly. Individual organizations are responsible for reporting the finances due to the operation of the concession stand. Councilman Jackson also recognized the success of the Cheerleaders at a recent competition. Information will be on the Borough Website. He also recognized Councilman Strippoli for his accomplishments and induction in the Camden Catholic Hall of Fame.

Councilman Balmer reported that at the Planning Board Commission approved the one application after three attempts. The Environmental Committee planted a tree in honor of Arbor Day.

Mayor attended the Senior Prom and stated that it was an awesome event. The Mayor also recommended that since the liquor licenses are being renewed, Council should meet with the establishments in June. Mayor commended an employee who went above and beyond to assist an out of state resident in fulfilling a request.

Matters for Discussion
a. Mayor recommended continuing the agreement with Bd. of Ed for the Park Maintenance. A resolution will be prepared for the next meeting. Councilman Strippoli noted the use of the field by the school regarding this agreement.
b. Borough Solicitor reviewed the request for the sale of Borough Tax Sale Certificates regarding properties left to the Municipality after the tax sale. Resolution will be prepared for the next Council Meeting.
c. Mayor informed Council that the Borough Engineer is still waiting to receive information from the architect regarding the building on White Horse Pike and will provide report as soon as available.
d. Borough Clerk reviewed the information for Council regarding the resolution that was needed to amend the agreement with Camden County for the use of the Armor Car. The Police Chief fully agrees with this agreement. Councilman Strippoli asked about the cost. No cost was listed on the amended agreement.

RESOLUTION #2012:139
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Mayor and Borough Clerk are hereby authorized to execute the agreement with the Board of Education to provide various services:
Maintenance at the Lindenwold Park
Nursing services for the Summer Recreation Program

Motion was made by Councilman Strippoli, second by Councilman Hans that Resolution #2012:139 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:140
WHEREAS, the Borough of Lindenwold entered into a Shared Service Agreement with Camden County for access to the County’s armored vehicle for critical incidents on April 22, 2009, and
WHEREAS, the Board of Chosen Freeholders amended said Shared Service Agreement on April 19, 2012.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Mayor is hereby authorized to execute the amended shared services agreement with Camden County for access to the County’s armored vehicle for certain critical incidents.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:140 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Open to Public
1. Deneshia Waugh, resident, began by praising Lindenwold School #4 and pleased that her daughter is doing well. She then described for Council the issues with the property that she is renting regarding the condition and parking. She informed Council that there has been 17 incident reports with the neighbor over parking. She requested the property survey which the owner refused to provide in order to settle this parking dispute. President Randolph-Sharpe stated the age of the development did not account for the current number of vehicles. Councilman Hans questioned if parking was stated in the lease. She also stated that Code Enforcement has been nasty to her. She then proceeded to discuss the problems with the property. An Open Public Request Form was requested for property. Councilman Jackson will research the situation.
2. Joe Mortka, resident, informed Council that the fence was installed backwards, with gaps and does not extend far enough on the property. Councilman Hans confirmed what the resident stated. Councilman Jackson was asked to look into this matter. Mr. Mortka also stated a car has been parked on the property for over six months without moving.
3. Attoh Moutchia, resident, questioned about the bonds being issued for the building on the White Horse Pike. Borough Solicitor explained that the bonds that were issued included numerous Capital Projects as listed in the Bond Ordinance. He asked about the current status. The Borough Solicitor replied that there is an on-going series of evaluations. President Randolph-Sharpe explained that information will be in the newsletter and a discussion was held at the last meeting. Mr. Moutchia then questioned a separate tax for disposal. Borough Solicitor explained that there will be a separate trash utility. The amount for trash disposal has been removed from the tax bill and will be billed separately. A letter with more information will be sent to the residents.
4. Heather Grieco, resident, questioned if the trash was separated to circumvent the 2% cap. Council assured it was not. Ms. Grieco disagreed with town being community friendly after speaking at a council meeting regarding her volunteer work with animals and then receiving an inspection report. Mr. Schmidt was requested to sit down while filming. President Randolph-Sharpe stated that it was distracting. Borough Solicitor addressed situation. Ms. Grieco then informed Council about the incident in Pine Hill. She continued that the Lindenwold Code Official was informed about the animals by the Borough Clerk. She stated that the Clerk did not take accurate meeting minutes and requested suspension. Ms. Grieco stated that the inspection was false and no inspection occurred. She then stated that if this was due to Pine Hill, there will be an even bigger problem. She suggested that the resident who spoke first go to the County Clerk’s office for a copy of the survey.
5. Linda Martino, Pine Hill, accounted for Heather’s whereabouts. Borough Solicitor did not feel this was needed. Ms. Martino stated that a lawsuit may be filed if connection was found with Pine Hill.
6. John Schmidt, Gloucester City, thanked Council for considering his suggestions regarding Executive Session. He asked Council about policy regarding abandoned buildings as he feels there may be someone living in the building on the White Horse Pike that is open. Next, he questioned if the parking spaces that are reserved at the Borough Hall were specifically for the individuals, which they are not. He addressed the inspection regarding Heather Grieco as a resident of Lindenwold. He asked for an investigation. The matter has been referred to the court. He questioned an investigation regarding the employee. He also asked if his Open Public Request has been received. Borough Solicitor stated that it will be addressed. Discussion with Borough Solicitor regarding comments.

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

Resolution 2012:141 - 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 enforcement of Ordinance #1291 for Background Checks for Volunteer serving Youth Organizations with potential litigation.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:141 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

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


DATED: June 13, 2012
________________________________
Deborah C. Jackson, RMC
Borough Clerk