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Lindenwold Borough Departments

Meeting Minutes


Council Mtg. Min., April 4, 2012

May 23, 2012 by Clerk

Minutes for the Council Meeting of April 4, 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: Councilmen Dougherty, Hans, Strippoli, President Randolph-Sharpe and Mayor Roach
Excused Absence: Councilman Balmer and Councilman Jackson

Resolution 2012:108-Police Chief Promotion
WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold has determined a need to appoint a Police Chief due to the retirement of former Police Chief Stanley Lemayski, and
WHEREAS, under Civil Service guidelines a provisional appointment may be made for the position of Police Chief for the Borough of Lindenwold.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold pursuant to Resolution #91:104 that Lt. Thomas Brennan be promoted to Police Chief (Provisional) effective April 4, 2012.

Motion was made by Councilman Dougherty, second by Councilman Hans that Resolution #2012:108 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Promotion – Lt. Brennan to Police Chief
Mayor Roach presented the oath of Police Chief to Thomas Brennan. Chief Brennan thanked Mayor and Council for the tremendous opportunity. He stated that it was a proud moment for him and his family. He was humbled by the amount of people from various departments as well as former police chiefs who were in attendance. He looked forward to working with this great police department and hopes by working together to make it even better.

Mayor Roach also thanked former Chief Lemayski and former Chief McCarthy.

Second Reading Ordinance #1311-Amend Chapter 14 Environmental Commission
AN ORDINANCE AMENDING CHAPTER 14 OF THE EXISTING LINDENWOLD ORDINANCE ENTITLED “ENVIRONMENTAL COMMISSION” OF THE ORDINANCE CODE OF THE BOROUGH OF LINDENWOLD

NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the municipal governing body of the Borough of Lindenwold, County of Camden, State of New Jersey that the Code of the Borough of Lindenwold is hereby amended as follows:

Chapter 14 of the Borough of Lindenwold “Environmental Commission” is hereby amended as follows:
Chapter 14
ENVIRONMENTAL COMMISSION
[HISTORY: Adopted by the Mayor and Council of the Borough of Lindenwold 7-19-1976 as Ord. No. 439. Amendments noted where applicable.]

GENERAL REFERENCES
Land use and development -- See Ch. 139.

~ 14-1. Purpose and creation.

An Environmental Commission shall be established in the Borough of Lindenwold for the protection, development and use of natural resources including water resources located within the Borough of Lindenwold. The Environmental Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, poison control, sell and landscape protection, environmental appearance, marine resources and protection of flora and fauna.

~ 14-2. Membership and appointment of members.

The Environmental Commission shall consist of seven (7) members and one (1) alternate to serve without compensation. One (1) member of the Environmental Commission shall be a member of the Planning Board and all members shall be residents of the Borough of Lindenwold.The initial appointments shall be made by the Mayor within 30 days of the effective date of this chapter; however, all subsequent appointments shall be made at the annual reorganization meeting or as soon thereafter as practicable.

~ 14-3. Terms and vacancies.

A. The terms of the members shall be as follows: One member shall serve for one year from the date of his initial appointment; two members shall serve for two years from the date of their initial appointment; and two members shall serve for three years from the date of their initial appointment. Thereafter, all members shall serve for three-year terms after the expiration of the original terms.

B. All members appointed after the adoption of this chapter shall serve an initial term only until December 31, 1976, or until their successor qualifies.

C. The above-mentioned scheme of one- , two- and three-year appointments shall begin on January 1, 1977, at which time the above-mentioned staggered terms shall commence.

D. A vacancy occurring on the Commission other than by the expiration of a term shall be filled for the unexpired term in the same manner as the original appointment.

~ 14-4. Powers.

An Environmental Commission organized under this chapter shall have power to conduct research into the use of the open land areas of the municipality and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the Planning Board, or, if none, to the Mayor and governing body of the municipality, plans and programs for inclusion in a Municipal Master Plan and the development and use of such areas.

~ 14-5. Acquisitions of property.

The Environmental Commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality, by gift, purchase, grant, bequest, devise or lease, for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces and other land and water areas in the municipality.

~ 14-6. Records and annual report.

The Environmental Commission shall keep records of its meetings and activities and shall make an annual report to the governing body of the municipality.

~ 14-7. Appropriations; appointment of clerks and other employees.

The governing body may appropriate funds for the expenses incurred by the Environmental Commission. The Commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.

~ 14-8. Matters of study and recommendation.

The Environmental Commission shall have the power to study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protections of flora and fauna.

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 Strippoli that Ordinance #1311 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

Ordinance #1312- Establish a Cap Bank
CALENDAR YEAR 2012
ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS
AND TO ESTABLISH A CAP BANK
(N.J.S.A. 40A: 4-45.14)
WHEREAS, the Local Government Cap Law, N.J.S. 40A: 4-45.1 et seq., provides that in the preparation of its annual budget, a municipality shall limit any increase in said budget to 2.5% unless authorized by ordinance to increase it to 3.5% over the previous year’s final appropriations, subject to certain exceptions; and,
WHEREAS, N.J.S.A. 40A: 4-45.15a provides that a municipality may, when authorized by ordinance, appropriate the difference between the amount of its actual final appropriation and the 3.5% percentage rate as an exception to its final appropriations in either of the next two succeeding years; and,
WHEREAS, the Council of the Borough of Lindenwold in the County of Camden finds it advisable and necessary to increase its CY 2012 budget by up to 3.5% over the previous year’s final appropriations, in the interest of promoting the health, safety and welfare of the citizens; and,
WHEREAS, the Council hereby determines that a 1.0% increase in the budget for said year, amounting to $110,199 in excess of the increase in final appropriations otherwise permitted by the Local Government Cap Law, is advisable and necessary; and,
WHEREAS the Council hereby determines that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years.
NOW THEREFORE BE IT ORDAINED, by the Council of the Borough of Lindenwold, in the County of Camden, a majority of the full authorized membership of this governing body affirmatively concurring, that, in the CY 2012 budget year, the final appropriations of the Borough of Lindenwold shall, in accordance with this ordinance and N.J.S.A. 40A: 4-45.14, be increased by 3.5%, amounting to $385,698, and that the CY 2012 municipal budget for the Borough of Lindenwold be approved and adopted in accordance with this ordinance; and,
BE IT FURTHER ORDAINED, that any that any amount authorized hereinabove that is not appropriated as part of the final budget shall be retained as an exception to final appropriation in either of the next two succeeding years; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance as introduced be filed with the Director of the Division of Local Government Services within 5 days of introduction; and,
BE IT FURTHER ORDAINED, that a certified copy of this ordinance upon adoption, with the recorded vote included thereon, be filed with said Director within 5 days after such adoption.

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 Dougherty that Ordinance #1312 be adopted as read on second reading. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:109-Handicap Sign
WHEREAS, the Mayor and Borough Council of the Borough of Lindenwold received a request by Ms. Cabrina Johnson for a handicap sign on W. Park Avenue, and
WHEREAS, Ms. Cabrina Johnson presented documentation regarding her child’s hearing impairment.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that a sign be placed on W. Park Avenue by the Public Works Department.

Motion was made by President Randolph-Sharpe, second by Councilman Hans that Resolution #2012:109 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:110-Municipal Alliance Agreement
WHEREAS, the Mayor and Bough Council of the Borough of Lindenwold, County of Camden, State of New Jersey recognizes that the abuse of alcohol and drugs is a serious problemin our society amongst
WHEREAS, the Mayor and Bough Council further recognizes that it is incumbent upon not only public officials but upon the entire community to take action to prevent such abuses in our community; and,
WHEREAS, the Mayor and Bough Council did apply for funding by Resolution 2011:110 to the 2012 Governor’s Council on Alcoholism and Drug.
THEREFORE, BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold that the Mayor was authorized to execute the Shared Service Agreement for the 2012 Municipal Alliance Agreement with Camden County for the total amount of $18,764.

Motion was made by Councilman Hans, second by Councilman Strippoli that Resolution #2012:110 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION 2012:111- Alcohol Awareness Month in Lindenwold
WHEREAS, alcohol is a primary factor in the four leading causes of death for young persons ages 10-21 and
WHEREAS, almost 100,000 persons die each year from alcohol-related causes: drinking and driving crashes, other accidents, falls, fires, alcohol-related homicides and suicide and
WHEREAS, approximately 15 million current drinkers in the United States are dependent on alcohol; and
WHEREAS, adolescents use alcohol more than tobacco or illicit drugs; and
WHEREAS, young people begin drinking, on average, at 13.1 years of age; and
WHEREAS, young people who begin drinking before age 15 are four times more likely to develop alcohol dependence than those who begin drinking at age 21; and
WHEREAS, alcohol is involved in fifty percent of criminal assault, traffic, theft, fraud, vandalism and sex crime cases in the juvenile justice system. Older friends and siblings are the primary source by which underage youth obtain alcohol. Providing alcohol to minors is against the law, and that together we should work to keep it out of their hands, and
WHEREAS, it is imperative that we join with others in advancing efforts to strengthen the enforcement of our underage drinking laws, and build partnerships among local agencies, elected officials, law enforcement, businesses, schools, and communities to prevent underage drinking and alcoholism;
NOW, THEREFORE, the Borough of Lindenwold joins the National Council on Alcoholism and Drug Dependence, Inc, (NCADD) and The New Jersey Division of Alcohol Beverage Control and do hereby proclaim that April 2012 is Alcohol Awareness Month in Lindenwold.

Motion was made by Councilman Dougherty, second by Councilman Hans that Resolution #2012:111 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

Resolution 2012:112-Opposing Senate Bills S-1451 and S-1452
WHEREAS, legislation has been introduced to reform and modernize both the Open Public Meetings Act (S-1451) and the Open Public Records Act (S-1452); and
WHEREAS, the governing body of the Borough of Lindenwold agrees with and supports the statement that “the right of the public to be present at all meetings of public bodies, and to witness in full detail all phases of the deliberation, policy formulation, and decision making of public bodies, is vital to the enhancement and proper functioning of the democratic process”; and
WHEREAS, the changes, however, proposed in S-1451 will not only be a cost driver for local and State government but make government less effective; and
WHEREAS, S-1451 includes a number of proposed requirements which involve costly unfunded mandates, impractical requirements and impediments to the democratic process, including the following:
• A new definition of subcommittees that expands subcommittees to be overly inclusive so that, for example, even research projects assigned to one member of a public body could be covered; and
• A new requirement that all subcommittees meetings include notice of their meeting and the preparation of minutes, which would, among other things, necessitate additional administrative support for all meetings of subcommittees as well as increased legal advertising cost; and
• A new requirement that agendas provide a description of all agenda items, including the names of parties to and approximate dollar amounts of any contracts to be acted upon, which will delay the award of contracts and could lead to the loss of grant monies; and
• A new requirement that the governing body may discuss, but not act upon, an item brought up by a citizen at a public meeting if it was not published as an agenda item, that not only runs contrary to the time honored tradition of holding a public meeting for the very purpose of soliciting such input and acting upon it but is impractical, ineffective and unnecessarily inhibits the operations of municipal government; and
• A new requirement for advance notification of estimated start times for the public portion of the meeting and the portion of the meeting from which the public is to be excluded that is unworkable and disruptive; and
• A new requirement that recordings of meetings become a part of the minutes that renders the recordings a permanent municipal record and is not only counter to the already-established records retention schedule of Division of Archive and Records Management for such records but which will be costly to preserve the records to ensure that they are permanent; and
• A new requirement that electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting become part of the minutes and renders the recordings a permanent municipal record, is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages and the records custodian does not always have access to them, and which is an unprecedented expansion of the meeting concept; and
• A new requirement that public bodies be permitted to exclude the public from discussion of personnel matters only with the written consent of the employee and potentially affected employees which will inhibit the public bodies’ ability to take necessary actions on personnel matters and could lead to costly litigation; and
• A new requirement that comprehensive minutes that must include each member’s stated reason for their actions or vote, the identity of each member of the public who spoke, and summary of what was said, be made available to the public as soon as possible but no later than 45 days after the meeting that will not only be costly but the historical value of minutes will be lost in order to meet an arbitrary deadline; and
WHEREAS, the governing body of the Borough of Lindenwold agrees that government records should be readily accessible and transparent but there must be an appropriate balance between the need for openness and transparency in government and citizens’ reasonable expectation of privacy; and
WHEREAS, among the costly unfunded mandates and impractical new requirements of S-1452 are the following:
• The expansion of the definition of government record to include records that are required by law to be made, maintained or kept on file by any public agency that will lead to a records custodians to be in violation of OPRA for the non-existence of a government records created before their tenure with the public body; and
• The creation of a definition for “advisory, consultative or deliberative” material that may be contrary to the well established definition in case law leading to costly litigation; and
• The expanding of the definition of government record to include electronic communications, such as e-mails and text messages, concerning public business among an effective majority of the members that occurred prior to a meeting that is unworkable and unmanageable as the technology does not always exist to make “hard copies” or digital copies of text messages, the records custodian does not always have access to the electronic communications and certain cell phone carriers will not provide this information without a subpoena; and
• The inclusion of a subjective definition for “reasonable” that may be contrary to the well established definition in case law leading to costly litigation; and
• A new requirement that any video or audio recordings or public meetings should be available in unedited form will be in direct violation of the Open Public Meetings Act requirement that requires the redacting of discussions in closed session until the matter can legally be released; and
• A new requirement on how to handle redactions and special services fees is time consuming and costly, especially considering that the Government Records Council has already addressed these procedures in their Custodians’ Toolkit, which should be codified; and
• A provision that permits the records custodian to advise a requestor that a government record is readily available on the public agency’s website; however, the bill requires the records custodian to directly provide the records to the requestor if they do not have access to a computer but does not define what is meant by “access to a computer”; and
• A new costly requirement that when there is a special service charge the requestor must be provided, at no cost, an index generally describing the responsive government records to be provided and to the greatest extent possible the index shall include the name of each record or brief description of the record or general categories of records, a detailed breakdown of how the special charges were assessed and if records are exempt or redacted, the records custodian must provide a description of those records; and
• A provision that prohibits the assessment of a special service charge for requests for budgets, bills, vouchers, contracts and public employee salaries and overtime unless the request is deemed voluminous, which is undefined and subjective; and
WHEREAS, the provisions of S-1451 and S-1452 place financial, time, manpower and other burdens on municipalities at a time when municipalities are forced to layoff municipal employees, impose furloughs and reduce departmental budgets so that municipalities can meet the strict CAP requirements with decreased revenues and increasing operating expense; and
WHEREAS, the totality of the new requirements of S-1451 and S-1452 will be a significant cost driver for local and State government with no known appropriation contemplated or any alternate means to offset these costs, such a reasonable increase in fees; and
WHEREAS, while the governing body of the Borough of Lindenwold strives for and agrees that open and transparent government is essential to the democratic process, the provisions of S-1451 and S-1452 will make government inefficient;
NOW, THEREFORE, BE IT RESOLVED that the governing body of the Borough of Lindenwold, Camden County, and State of New Jersey for reasons stated above, does hereby oppose S-1451 and S-1452, as currently drafted, and strongly urges the State Senate and Assembly to oppose these bills; and
BE IT FURTHER RESOLVED that a copy of this duly adopted resolution be forwarded to Senate President Stephen Sweeney, Senator Loretta Weinberg, Senator Barbara Buono, Senator Shirley Turner, Assembly Speaker Shelia Oliver, Assemblyman Gordon Johnson, Assemblyman Upendra Chivukula, the legislators of the 4th State Legislative District, Governor Chris Christie, the New Jersey State League of Municipalities and the Municipal Clerks’ Association of New Jersey.

Mayor commented that this resolution is supported by the Mayor Association. Councilman Strippoli asked if it would be mailed to officials of the fourth district. Borough solicitor stated it would be sent to local officials as well. His office had contacted Senator Madden who officially stated “no position”. Borough solicitor continued that everyone believes in open government but this would create more of a burden for employees who serve the public on a daily basis.

Motion was made by Councilman Strippoli, second by Councilman Dougherty that Resolution #2012:112 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

RESOLUTION #2012:113-Crossing Guards
BE IT RESOLVED by the Mayor and Borough Council of the Borough of Lindenwold pursuant to Resolution #2012:41 that the following be hired as crossing guards effective April 4, 2012:
Karen Jennett
Mark DiMattia-Substitute

Councilman Hans questioned if this was due to a vacancy. It was confirmed.

Motion was made by Councilman Strippoli, second by Councilman Hans that Resolution #2012:113 be adopted as read. Roll call vote was unanimous in the affirmative. Motion carried.

Open to Public
James Walsh, resident, questioned the status of the Borough Hall. He continued to state his opinion of the status and questions to various council members. Mayor informed Mr. Walsh that the floors are being reviewed for mold. Once the report is received Council will determine how to move forward. There was a discussion regarding the type of mold. Mr. Walsh recommended informing the residents. Mayor stated that it will be in the newsletter. Mr. Walsh also informed Council regarding the excessive speed on W. Linden Ave. and ignoring the stop sign. Police will be contacted to investigate. In the past, officers had monitored the situation and issued tickets which improved the situation. Lastly, he stated “the problem with renting a building may have been resolved”. New Compliance Officer investigated and agreed with resident. Mayor is trying to encourage more businesses. The Mayor continued to inform the resident that Councilman Jackson is reviewing the policies with the Zoning Officer.

Resolution 2012:114 - 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 Dougherty that Resolution #2012:114 be adopted as read. Voice vote was unanimous in the affirmative. Motion carried.

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

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


DATED: May 9, 2012
________________________________
Deborah C. Jackson, RMC
Borough Clerk