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Council Meeting Min. June 6, 2012

July 16, 2012 by Clerk

Council Meeting Minutes for June 6, 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

Mayor Roach introduced Rakesh Darji, Engineer for Environmental Resolutions. He spoke about the history regarding the streetscape project for Berlin Road which includes sidewalks and lighting. The design phase was started in March of 2009 which was submitted to the Federal Transportation and State Transportation for approval. Approval was granted in 2011 with additional comments which are being adjusted in the plans. The construction phase is the next step with the plans being completed for approval by the Borough. Once approved, bids will be requested. Councilman Balmer asked about the changes requested. The Engineer stated it was minor regarding clarification of plans and specific manufacturers. President Sharpe asked if the clear bus shelter was still in the designs at Linden and Berlin Rd. Engineer will verify. Council and Engineer discussed sidewalks and cross walks. Michael Purcell, resident, asked about bike traffic. Engineer responded it does not pertain to the bike path.

Second Reading Ordinance #1319
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 shall be paid in two (2) equal installments, the first being due on February 1 and the second on August 1 each year.
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

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 President Randolph-Sharpe, second by Councilman Balmer that Ordinance #1319 be adopted as read on second reading. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

Second Reading Ordinance #1320
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.
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 President Randolph-Sharpe, second by Councilman Balmer that Ordinance #1320 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Second Reading Ordinance #1321
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.

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 President Randolph-Sharpe, second by Councilman Balmer that Ordinance #1319 be adopted as read on second reading. Roll call vote was in the affirmative with Councilman Hans voting against. Motion carried.

RESOLUTION #2012:142-Video Guidelines
WHEREAS, there is a need in the Borough of Lindenwold for Guidelines for the Public Video Recording of Meetings, and
WHEREAS, the Borough Solicitor has prepared the Guidelines which will be made available to the Public.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to adopt the Guidelines for the Public Video Recording of Meetings.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:142 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:143-Public Comment Guidelines
WHEREAS, there is a need in the Borough of Lindenwold for Guidelines for Public Comment during Meetings, and
WHEREAS, the Borough Solicitor has prepared the Guidelines which will be made available to the Public.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to adopt the Guidelines for Public Comment during Meetings.

Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution #2012:143 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

Resolution #2012-144-Auction
WHEREAS, the Borough of Lindenwold is the owner of certain surplus property which is no longer needed for public use; and
WHEREAS, the Mayor and Council are desirous of selling said surplus property in an as is condition without express or implied warranties.
NOW THEREFORE, be it RESOLVED by the Borough of Lindenwold, as follows:
The sale of the surplus property shall be conducted through GovDeals pursuant to State Contract A-70967/T2581 in accordance with the terms and conditions of the State Contract. The terms and conditions of the agreement entered into with GovDeals is available online at govdeals.com and also available from the Borough of Lindenwold.
The sale will be conducted online and the address of the auction site is govdeals.com.
The sale is being conducted pursuant to Local Finance Notice 2008-9.
A list of the surplus property to be sold is as follows:
POLICE
Lot #1 – 12 Bicycles
Lot #2 – 12 Bicycles
Lot #3 – 12 Bicycles
Lot #4 – 11 Bicycles
Lot #5 – 1 Mini Motorcycle (not street legal in NJ) & 1 Moped
Lot #6 – 3 gas powered Scooters/skateboards
Lot #7 – Miscellaneous Watches & Jewelry & 1 Digital Camera
Lot #8 – 9 Misc. X-Box video games, 7 Mics. Cd’s & 2 DVD’s
VEHICLES
1987 Ford Model F-150 Vin# 1FTEF15N3HNA7755 215,718 MI Runs poorly
1988 Ford Model F-150 Vin# 1FTEF15N2JNB59119 241,515.7 MI Runs poorly
2001 Ford Explorer Vin# 1FMZU72E61ZA3093
2002 Dodge Durange Vin# 1B4HS38N92F190473

Councilman Hans questioned the department of the vehicles which was Public Works and Police Department.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:144 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012-145-Raffle Fees Waived for Fire Co.
WHEREAS, Lindenwold Fire Company #2 requested that the Borough fees be waived for Raffle License #RA632 and RA633 for July 18 through July 21, 2012.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Borough fees be waived, and
BE IT FURTHER RESOLVED that the fees for Legalized Games of Chance cannot be waived.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:145 be adopted as read. Roll call vote was in the affirmative with Councilman Hans abstaining. Motion carried.

RESOLUTION 2012:146-Civil Rights Policy
WHEREAS, it is the policy of the Borough of Lindenwold to treat the public, employees, prospective employees, appointees, volunteers and contractors in a manner consistent with all applicable civil rights laws and regulations including, but not limited to the Federal Civil Rights Act of 1964 as subsequently amended, the New Jersey Law against Discrimination, the Americans with Disabilities Act and the Conscientious Employee Protection Act, and
WHEREAS, the governing body of the Borough of Lindenwold has determined that certain procedures need to be established to accomplish this policy
NOW, THEREFORE BE IT ADOPTED by the Borough of Lindenwold that:
Section 1: No official, employee, appointee or volunteer of the Borough by whatever title known, or any entity that is in any way a part of the Borough shall engage, either directly or indirectly in any act including the failure to act that constitutes discrimination, harassment or a violation of any person’s constitutional rights while such official, employee, appointee volunteer, or entity is engaged in or acting on behalf of the Borough’s business or using the facilities or property of the Borough.
Section 2: The prohibitions and requirements of this resolution shall extend to any person or entity, including but not limited to any volunteer organization or inter-local organization, whether structured as a governmental entity or a private entity, that receives authorization or support in any way from the Borough to provide services that otherwise could be performed by the Borough.
Section 3: Discrimination, harassment and civil rights shall be defined for purposes of this resolution using the latest definitions contained in the applicable Federal and State laws concerning discrimination, harassment and civil rights.
Section 4: The Borough Administrator shall establish written procedures for any person to report alleged discrimination, harassment and violations of civil rights prohibited by this resolution. Such procedures shall include alternate ways to report a complaint so that the person making the complaint need not communicate with the alleged violator in the event the alleged violator would be the normal contact for such complaints.
Section 5: No person shall retaliate against any person who reports any alleged discrimination, harassment or violation of civil rights, provided however, that any person who reports alleged violations in bad faith shall be subject to appropriate discipline.
Section 6: The Borough Administrator shall establish written procedures that require all officials, employees, appointees and volunteers of the Borough as well as all other entities subject to this resolution to periodically complete training concerning their duties, responsibilities and rights pursuant to this resolution.
Section 7: The Borough Administrator shall establish a system to monitor compliance and shall report at least annually to the governing body the results of the monitoring.
Section 8: At least annually, the Borough Administrator shall cause a summary of this resolution and the procedures established pursuant to this resolution to be communicated within the Borough. This communication shall include a statement from the governing body expressing its unequivocal commitment to enforce this resolution. This summary shall also be posted on the Borough’s website.
Section 9: This resolution shall take effect immediately.

Mayor explained that this is a requirement by the Joint Insurance Fund.

Motion was made by President Randolph-Sharpe, second by Councilman Jackson that Resolution #2012:146 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION 2012:147-Void Tax Sale Certificate
WHEREAS, tax sale certificate #12-00013 was sold to Wald Investments, LLC, PO Box 1159, Wildwood, NJ 08260 on April 17, 2012 for $424.27 on Block 46 Lot 2, 809 E. Linden Ave., for unpaid CCMUA, and
WHEREAS, payment was made on 4/13/12 at the Borough tax office, and therefore, tax sale certificate #12-00013 should not have been sold, and
WHEREAS, the following should be refunded to Wald Investments, LLC:
2011 CCMUA $359.27
Cost of sale 65.00
Total 424.27
THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold, that $424.27 be refunded To Wald Investments LLC.

Motion was made by President Randolph-Sharpe, second by Councilman Hans that Resolution #2012:147 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.



RESOLUTION 2012:148-Policy Re: Tax Exempt Debt Issuance
WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold determined a need to secure permanent financing, and
WHEREAS, the Bond Counsel for the Borough of Lindenwold, Parker McCay was able to secure General Obligations Bonds, Series 2012.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold to adopt the Policy and Procedures regarding Post Issuance Compliance of Federal Tax Requirements regarding Tax Exempt Debt Issuances according to the IRS regulations regarding Arbitrage.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:148 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:149-Permanent Appointment
WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold determined a need to promote a Police Chief due to the retirement of Stanley Lemayski, and
WHEREAS, under Civil Service guidelines a provisional appointment was made for the position of Police Chief for the Borough of Lindenwold for the Senior Ranking Officer, Lt. Thomas Brennan.
WHEREAS, under Civil Service guidelines a permanent appointment was issued.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold pursuant to Resolution #91:104 that Lt. Thomas Brennan was granted the Permanent Appointment of Police Chief effective April 9, 2012.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:149 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Matters for Discussion
a. 2012 Liquor Licenses- Mr. Patel, Pike Liquor, discussed with Council the renewal of the liquor license. He informed Council of the measures that were adopted after a finding from the Alcohol Beverage Commission including the retraining of employees and equipment for ID verification. Councilman Balmer questioned the security issue of visibility into the store. Due to the age and size of the store, the posters were placed to improve the visual presentation, which hide the shelves. Borough Solicitor is in contact with the attorney for Iron Horse Saloon regarding concerns by Council.
b. Business Administrator updated Council regarding the results of the bond sale. She explained that this was permanent financing of the temporary notes for Capital Improvement Projects. There were four bidders and the Borough received a very good rate and premium from UBS Financial Services. Mayor thanked Business Administrator for all her hard work. Borough Administrator mentioned that the Borough received a good Bond Rating which allowed for a good interest rate.
c. Mayor explained the request for a waiver of Sewer Fees for the Lindenwold School which has been approved in the past. Resolution to be prepared.
d. Council reviewed the resident request to change from a commercial property to a residential property. Council requested the owner be contacted to attend a council meeting to answer questions from Council.
f. Business Administrator requested an additional Council Meeting on June 27, 2012 due to the extended time period before the next Council Meeting on July 11, 2012. Council agreed to additional meeting.
g. Mayor discussed the security for building on White Horse Pike. Council discussed the purchase or renting of fencing to prevent public access to the building.


RESOLUTION #2012:151-Authorize Construction Phase of Berlin Rd.
WHEREAS, the Borough of Lindenwold is the local project sponsor for a High Priority Project under the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) that proposes streetscape improvements along Berlin Road (CR #702) from Gibbsboro Road (CR #686) to White Horse Road (CR #673). The scope of the streetscape project includes the installation of historic brick sidewalk, historic period lighting with banners and hanging planters, benches, landscape improvements, improved signage and other pedestrian related improvements, and
WHEREAS, the proposed streetscape improvements will improve pedestrian safety by providing easier and safer access to rail passenger service between Lindenwold, Philadelphia and Atlantic City. The proposed streetscape improvements will improve pedestrian safety by providing easier and safer access to the business community located along Berlin Road, the White Horse Road and the adjacent Boroughs of Stratford and Somerdale. The streetscape project is consistent with the Lindenwold Borough’s Master Plan, Lindenwold Borough’s Comprehensive Economic Development Plan, and the State of New Jersey Development and Redevelopment Plan, and
WHEREAS, Environmental Resolutions has completed and submitted the designs for the Berlin Road Streetscape project for Federal and State approval, and
WHEREAS, Environmental Resolutions has submitted the proposal for the construction phase of the project.
THEREFORE, BE IT RESOLVED, by the Mayor and Borough Council of the Borough of Lindenwold, that the proposal submitted by Environmental Resolutions for the Berlin Road Streetscape Project Construction Phase be approved.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:151 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Open to Public
1. Mr. Berehan, driver for Mr. Softee, questioned the availability of the park with his mercantile license. Council and driver discussed the situation. Organizations rent the use of the park by submitting an application to the Parks and Recreation Committee. The funds raised by the concession stand help keep the cost of fees low for participants. This question of the use of the park by outside vendors will be researched.
2. Members of Arborwood III discussed with Council ideas to improve their community. They were requesting assistance especially with the drug problem. The Police Chief recommended suggestions such as the installation of cameras and lighting to help deter the problem. Unfortunately, there is no specific organization that can be contacted to clean up a neighborhood. County programs no longer have the funds to sponsor operations targeting drug problems. Mayor stated that the current Code Enforcement Officer is actively working on cleaning up the problems in the Borough.

Resolution 2012:150 - 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 personnel regarding a recommendation in the Sewer Department, Police Staffing and stipend for Clean Community Coordinator and pending litigation regarding STCC REO, Apartment Complexes, and Tax Court Appeals.

Motion was made by President Randolph-Sharpe, second by Councilman Dougherty that Resolution #2012:150 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

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

RESOLUTION #2012:152-Accept Proposal for Appraisal
WHEREAS, Michael Raio, Tax Assessor, requested proposals for a real estate appraisal for The Pines at Arborowood which is located in the Borough of Lindenwold, and
WHEREAS, Michael Raio received three proposals for the above appraisal, and
WHEREAS, Michael Raio recommends accepting the proposal from Sockler Realty Services Group, Inc. in the amount of $6,000.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of
the Borough of Lindenwold to accept the proposal from Sockler Realty Services Group, Inc. in the amount of $6,000.

Motion was made by President Randolph-Sharpe, second by Councilman Strippoli that Resolution #2012:152 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:153-Stipend for Clean Communities Coordinator
WHEREAS, the Borough of Lindenwold has received a Clean Communities Grant which requires recipients to utilize funds for programs of litter pick up and removal as well as to abate graffiti;:
WHEREAS, a Clean Communities coordinator must be designated for program administration and notification provided to the NJ Clean Communities Council
WHEREAS, the Clean Communities entitlement may be used to defray expenses directly related to the town’s Program including administrative costs for time spent on the Clean Communities Program administration.
NOW THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that a Clean Communities Coordinator be designated with a stipend not to exceed 5% of the entitlement amount according to the grants program requirements and allowable costs.

Motion was made by President Randolph-Sharpe, second by Councilman Balmer that Resolution #2012:153 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Adjournment
Motion was made by President Randolph-Sharpe, second by Councilman Balmer that the meeting be adjourned. Voice vote was unanimous in the affirmative. Motion carried.


DATED: July 11, 2012
________________________________
Deborah C. Jackson, RMC
Borough Clerk