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HomeMy Public PortalAbout2023-01-03 Sine Die Meeting Meeting of the Mayor and Council January 3, 2023 A Sine Die Meeting (December 20, 2022 Regular Meeting Recessed) of the Mayor and Council was held on January 3, 2023 at 6:00 PM in the Council Chambers of the Municipal Building. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Bivona, Councilmember Bonagura, Councilmember Cadicina, Councilmember Kahwaty, Councilmember Kelly, Councilmember Lambrix, and Council President Swist. Also present were Borough Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli. Sunshine Law Statement: The Borough Clerk read the Sunshine Law Statement. Flat Salute Moment of Silent Appreciation to Our Veterans Ordinances for Final Reading and Adoption Motion made by Councilmember Kahwaty to take up Ordinance 1900 for consideration of adoption on second and final reading, and direct the Borough Clerk to read by title, seconded by Councilmember Kelly. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1900 AN ORDINANCE AUTHORIZING AND PROVIDING FOR VARIOUS IMPROVEMENTS AND APPROPRIATING $851,000.00 FOR SAID IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY Motion to open the hearing to the public was made by Councilmember Kahwaty, seconded by Councilmember Kelly. On voice vote, all in favor. No one from the public came forward at this time. Motion to close the hearing to the public was made by Councilmember Kahwaty, seconded by Councilmember Kelly. On voice vote, all in favor. WHEREAS, Ordinance 1900 was introduced at a meeting of the Mayor and Council held on the 6'h day of December, 2022 and duly published by law; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance No. 1900 be and the same is hereby adopted on second and final reading; and, Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page 2 January 3, 2023 BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Notice of Adoption as required by Law. Resolution read and introduced by Councilmember Kahwaty, seconded by Council President Swist. Roll Call Vote: Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist Nays: Abstain: Absent: Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Cadicina, seconded by Council President Swist. On voice vote, all in favor. No one from the public came forward. Motion to close the time for public comment was made by Councilmember Kahwaty, seconded by Councilmember Lambrix. On voice vote, all in favor. Consent Agenda Resolution 01-23 BE IT RESOLVED that the following resolutions, placed on this agenda by consent, require no discussion and the same having been previously reviewed by each Governing Body member, be and are hereby adopted in their entirety by the Mayor and Council of the Borough of Franklin Lakes. Full text of all consent agenda resolution can be found after the Adjournment. Resolution 02-23 Accept Report of Finance Committee Resolution 03-23 2022 Budget Transfers Resolution 04-23 Approve Use of OEM Building—Activities Unlimited Resolution 05-23 Authorize Payment to Franklin Lakes Historical Society Resolution 06-23 Award Contract—Bender Court Firehouse Kitchen Hood Exhaust Resolution 07-23 Award Contract—Portable Bathrooms Resolution 08-23 Shared Services Agreement- Bergen County Department of Health Services Resolution 09-23 Tax Refund - 1028 Dogwood Trail Resolution read and introduced by Councilmember Kahwaty, seconded by Council President Swist. Roll Call Vote: Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist Nays: Abstain: Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page 3 January 3, 2023 Absent: Motion Approved Resolution • Approve Memorandum of Agreement with AFSCME Mr. Hart stated the resolution was not ready for consideration. It was removed it from the agenda. Action on Minutes Motion to accept the minutes was made by Councilmember Lambrix, seconded by Councilmember Kelly: • December 6, 2022 Work Session • December 6, 2022 Closed • December 20, 2022 Regular • December 20, 2022 Closed • December 28, 2022 Special • December 28, 2022 Closed Roll Call Vote: Ayes: Bonagura, Cadicina, Kahwaty, Kelly, Lambrix, Swist Nays: Abstain: Councilmember Cadicina 12/20/22; Councilmember Kelly 12/28/22 Absent: Motion Approved Adiournment Motion to adjourn made at 6:03 PM by Councilmember Lambrix, seconded by Councilmember Cadicina. On voice vote, all in favor. Resolution 02-23 Accept Report of Finance Committee BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the report of the Finance Committee be accepted and recommendations adopted;that the report be made part of the record of this meeting; and the proper Borough Officials are hereby authorized and directed to issue warrants in the amount of$290,551.54 as shown on the Claims Bill List; $12,676.00 as shown on the Soil Account Bill List; and $3,585.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of December 30, 2022 Wellness in the amount of$4,464.99 be hereby ratified and approved. Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page 4 January 3, 2023 Resolution 03-23 Budget Transfers BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the following 2022 Budget Transfers be made for the following accounts: From From To Social Security System 10,000 DCRP Employer Contribution 2,300 Road Repair & Maintenance S&W 9,900 To Municipal Clerk OE 5,000 Engineering Services 4,000 Electricity 8,200 Police Department OE 5,000 22,200 22,200 Resolution 04-23 Approve Use of OEM Building—Activities Unlimited WHEREAS, Activities Unlimited has requested the use of the OEM building for meetings on the second Wednesday of each month during the 2023 calendar year; and, WHEREAS, pursuant to Borough Code Section 356-34, the Mayor and Council may, by resolution, allow use by organizations that have less than a majority of their membership that are Franklin Lakes residents "in accordance with such terms and conditions as may be set forth in the resolution approving said use"; NOW THEREFORE, BE IT RESOLVED, that the request to use the OEM Building on Wednesdays from 9:00 a.m. to Noon from January 2023 to December 2023 for club meetings is approved subject to the following conditions: 1. the number of people in attendance will be strictly limited to no more than the number permitted by the Fire Official; 2. the applicant is responsible for clean-up of the OEM Building after each meeting; 3. meetings shall be permitted between the hours of 9:00 a.m. and Noon at the OEM Building on the second Wednesday of each month; 4. the applicant shall notify the Borough Clerk if it is not using the OEM Building, as far in advance as feasible; 5. the applicant shall provide a Hold Harmless Agreement and Certificate of Insurance in accordance with the ordinance requirements; Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page S January 3, 2023 6. the OEM shall have priority in the event that it needs to use the meeting room during the approved times; and, 7. having provided proof under I.R.C. § 501(c)(3) as tax exempt, they shall be exempt from the fee. Resolution 05-23 Authorize Payment to Franklin Lakes Historical Society WHEREAS, the members of the Franklin Lakes Historical Society ("Historical Society") provided hundreds of hours of work to support the Borough's 2022 Centennial celebration; and, WHEREAS, Colin Knight, Historical Society member, co-authored the "Images of America" history book which was issued in 2022; and, WHEREAS, in recognition of the extraordinary efforts by the members of the Historical Society, the Mayor and Council are desirous of paying the Historical Society the sum of$2,000 from the proceeds from the sale of the "Images of America" history book; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that payment of the sum of$2,000 to the Franklin Lakes Historical Society is hereby authorized; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Franklin Lakes Historical Society and the Chief Financial Officer. Resolution 06-23 Award Contract—Bender Court Firehouse Kitchen Hood Exhaust WHEREAS, the Superintendent of Public Works solicited two proposals for the purchase of a kitchen hood exhaust at the Bender Court Firehouse; and, WHEREAS, the Mayor and Council wish to award this contract to the contractor that submitted the most advantageous proposal, price and other factors considered; and, WHEREAS, the Superintendent of Public Works has recommended that the contract for the purchase of a kitchen hood exhaust at the Bender Court Firehouse be awarded to J&M Air, Inc., 189 South Bridge Street, Somerville, New Jersey, 08876, for the proposal amount of$11,000.00; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the recommendation of the Superintendent of Public Works is hereby approved and the contract for the purchase of a kitchen hood exhaust at the Bender Court Firehouse is hereby awarded to J&M Air, Inc. for the proposal amount of$11,000.00; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: Public Buildings and Grounds/Maintenance of Buildings Account Number: 2-01-26-310-024 Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page 6 January 3, 2023 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to J&M Air, Inc. and the Superintendent of Public Works. Resolution 07-23 Award Contract—Portable Bathrooms WHEREAS, bids for the purchase of portable bathrooms were opened and read aloud on December 22, 2022; and, WHEREAS, bids were received from two vendors; and, WHEREAS, the Community Director recommends that the bid for the purchase of portable bathrooms be awarded to the vender that submitted the lowest cost proposal, Ready2Go Restroom Trailers Sales LLC, 1525 Park Manor Boulevard, 4300, Pittsburgh, Pennsylvania 15205, for the bid amount of$95,515.00; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey that the recommendation of the Community Director is approved and the contract for the purchase of portable bathrooms be and is hereby awarded to Ready2Go Restroom Trailers Sales LLC, for the bid amount of$95,515.00; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Ready2Go Restroom Trailers Sales LLC, and the Community Director. Resolution 08-23 Shared Services Agreement — Bergen County Department of Health Services BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that a contract entitled "Public Health Shared-Services Agreement" between the County of Bergen and the Borough for a term of two years from January 1, 2023 to December 31, 2024, subject to the termination provisions in paragraph 2(b) be and is hereby approved, at the rates as set forth in the proposed form of contract, including the following rates for 2023: Service 2023 Public Health Officer $16,064.55 Registered Environmental Health Specialist $22,275.56 Borough of Franklin Lakes Sine Die Meeting of the Mayor and Council Page 7 January 3, 2023 Septic and Well Services $79.42 per hour BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Bergen County Department of Health Services and the Franklin Lakes Board of Health. Resolution 09-23 Tax Refund - 1028 Dogwood Trail WHEREAS, the property listed below filed an assessment appeal with the Tax Court of New Jersey; and, WHEREAS,the Tax Court reduced their assessment which results in a reduction in property taxes previously paid for the year(s) 2017, 2018 and 2019, on Block 1209, Lot 10, known as 1028 Dogwood Trail, which is owned by Gatti, Robert & Tatjana; and, WHEREAS, N.J.S.A. 54:3-27.2 provides that, in the event a taxpayer is successful in an appeal from a reduced assessment,the taxing district shall refund any excess taxes paid within 60 days of the date of the judgment; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the Chief Financial Officer is hereby authorized and directed to issue a check in the amount listed below which shall be charged against Tax Appeals. Block Lot Assessment Reductions Refund 1209 10 $ 124,600 (2017) $ 2,038.46 1209 10 $ 124,600 (2018) $ 2,024.75 1209 10 $ 124,600 (2019) $ 2,045.93 Total Refund $ 6,109.14 All checks made payable to: Law Offices of Elie Fink Attorney Trust Account 66 Park Street Montclair, NJ 07042 Respectfully submitted, ai M. Rulli, Borough Clerk