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HomeMy Public PortalAbout2023-01-03 Reorganization Reorganization Meeting of the Mayor and Council January 3, 2023 A Reorganization Meeting of the Mayor and Council was held on January 3, 2023 in the Council Chambers of the Municipal Building. Meeting Called to Order Sunshine Law Statement The Borough Clerk read the Sunshine Law Statement. Oath of Office Oakland Mayor Linda Schwager administered the Oath of Office to Mayor Charles J. X. Kahwaty. Mayor Charles J. X. Kahwaty administered the Oath of Office to Councilmember Joel Ansh and Councilmember Ardith Cardenas. Nomination for Council Vacancy Councilmember Bonagura nominated Gary Sheppard, seconded by Councilmember Ansh. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Motion Approved Mayor Charles J. X. Kahwaty administered the Oath of Office to Councilmember Gary Sheppard. Roll Call of 2023 Mayor and Council Members The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Councilmember Bonagura, Councilmember Cardenas, Councilmember Kelly, and Councilmember Lambrix. Also present were Borough Administrator Gregory Hart, Borough Attorney Smith and Borough Clerk Gail Rulli. Nomination for Council President Councilmember Ansh nominated Councilmember Bonagura for Council President, seconded by Councilmember Sheppard. Roll Call: Ayes: Ansh, Bonagura, Lambrix, Sheppard Nays: Cardenas, Kelly Abstain: Absent: Motion Approved Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 2 January 3, 2023 Minutes 2023 Standing Council Committee Appointments Mayor Kahwaty offered the following Standing Council Committee appointments: • Administration & Finance Lambrix Cardenas • Environmental & Community Affairs Cardenas Sheppard • Planning and Development Sheppard Lambrix • Public Safety Bonagura Kelly • Public Works Kelly Ansh • Recreation &Parks Ansh Bonagura Motion to approve the appointments was made by Council President Bonagura, seconded by Councilmember Lambrix. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Boards/Committees/Commissions Mayor Kahwaty offered the following 2023 Boards/Committees/Commissions appointments: Board of Health: Nickolas Constantinides Member 3 year term expiring 12/31/2025 Stan Heimberger Alternate 1 2 year term expiring 12/31/2024 Lynette Sidoti Member 3 year term expiring 12/31/2025 Environmental Commission: Michael Colombo Member 3 year term expiring 12/31/2025 Janice Czelusta Alternate 2 2 year term expiring 12/31/2024 Carole Holden Member 3 year term expiring 12/31/2025 Library Board: Joseph Leone Trustee 5 year term expiring 12/31/2027 Greg Maceri Superintendent of Schools 2 year term expiring 12/31/2024 Larissa McCarthy Mayor's Designee 1 year term expiring 12/31/2023 Planning Board: Charles Kahwaty Mayor Class I 4 year term expiring 12/31/2026 Brian Comitto Class 11 1 year term expiring 12/31/2023 Frank Conte Class IV 2 year term expiring 12/31/2024 Joseph Pullaro Class IV 4 year term expiring 12/31/2026 Gary Sheppard Class III 1 year term expiring 12/31/2023 Recreation Committee: Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 3 January 3, 2023 Minutes Gregg Costello Member Unexpired term expiring 12/31/2023 Erika Eilert Alternate 1 2 year term expiring 12/31/2024 Casey Finneran Alternate 2 1 year term expiring 12/31/2023 Jamie Kovac Member 3 year term expiring 12/31/2025 Joe Peters Member 3 year term expiring 12/31/2025 Zoe Ragasa Member 3 year term expiring 12/31/2025 Greg Reid Member 3 year term expiring 12/31/2025 Brian Rendine Member 3 year term expiring 12/31/2025 Shade Tree Commission: Michael Kolenut Member 5 year term expiring 12/31/2027 Mary McBride Member 5 year term expiring 12/31/2027 Donna Robinson Member 5 year term expiring 12/31/2027 Zoning Board of Adjustment: Earnest Barbaris Alternate 1 2 year term expiring 12/31/2024 Robert DePiero Member 4 year term expiring 12/31/2026 Matthew Grossman Member 4 year term expiring 12/31/2026 Donna Robinson Alternate 2 1 year term expiring 12/31/2023 Motion to approve the appointments was made by Council President Bonagura, seconded by Councilmember Ansh. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Emergency Management Council: One Year Term Local Emergency Planning Committee (LEPC) & Municipal Emergency Planning Council (MEPC) Chris Poppe Emergency Management Coordinator Joseph Barcelo Deputy Coordinator Denny Knubel Deputy Coordinator Nelson Winokur Deputy Coordinator Muraad Abdus-Salaam American Red Cross Representative Charles Bohny Fire Chief Eddie Cedeno Express Scripts Holdings Representative (amended-Dennis Bonagura) Councilmember Gregory Hart Borough Administrator Charles J. X. Kahwaty Mayor Richard Lilienthal Superintendent of Public Works Greg Maceri Superintendent of K-8 Schools Rajan Melwani President, Franklin Lakes Board of Health (amended-Linda Finnan) Ambulance Corps Captain Carmine Pezzuti Police Chief Patrick Scanlon Becton Dickinson Representative Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 4 January 3, 2023 Minutes Joseph Vitale Vice President, Franklin Lakes Board of Health Kate Wysokowski Orange and Rockland Utilities Representative Motion to approve the appointments by Council President Bonagura, with the following amendments: Dennis Bonagura, Council Representative; Linda Finnan, Ambulance Corps Chief, seconded by Councilmember Kelly. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved REACH Mayor Kahwaty offered the following REACH appointments: Charles J.X. Kahwaty,Mayor Barbara Capozzi,Concerned Parent Carmine Pezzuti,Chief of Police Jennifer Walden,Youth Services Representative Frank O'Brien,REACH Chairperson,Juvenile Officer Diane Wirth, Concerned Citizen Dennis Bonagura,Councilmember,Public Safety Angela Phillips, Concerned Parent Council Committee Laura Metzler,FAMS PTA President Ardith Cardenas,Councilmember,Board of Health Janice Czelusta, Concerned Citizen Council Committee Robert Davidson,Concerned Citizen Gregorio Maceri,Franklin Lakes K-8 Superintendent Dina Robinson,Community Director Nancy Yarish, Secretary,Board of Health,Franklin Andy Kadzban,Pastor,Wyckoff Reformed Church Lakes Lisa Ambrose,President IHHS PTSO Andrea Saladino,Indian Hills HS-SAC Christine Tillsley,Recording Secretary FAMS PTA Jasmen Mantashian,Ramapo HS-SAC Amy Soto, Concerned Citizen Jaclyn Bajzath,High Mountain Road School Principal Janis Ing Strauss,Past Chair&Bergen County Christine Gagliardo,Colonial Road School Principal Prevention Coalition Ann Jameson,Woodside Avenue School Principal Alex Roth,Recovery Coach Joseph Keiser,Franklin Avenue Middle School Jennifer Perry, Supervisor of Guidance,Ramapo High Principal School Eva Prunk,FAMS Assistant Principal Joseph Soto,Wyckoff Police Department Melanie DeFazio,HMRS Child Assistance Counselor Lisa Sciancalepore,Concerned Citizen Kate Lowenfels,WAS Child Assistance Counselor Leonor Diehl,REACH Coordinator Jennie Ballas, CRS Child Assistance Counselor Mark Piercy, Oakland Police and Oakland Municipal Kerri Wallace,Franklin Lakes Public Library Director Alliance Susan Spagnuolo,FAMS Health Teacher Nicole Marchetti,FAMS School Nurse Brian Kozichek,FAMS Peer Leadership Advisor _,Administrative Assistant,Ramapo High School Dr. Gregory Vacca,IHHS Principal Melissa Ferro, Student Council/Media Specialist Travis Smith,RHS Principal Ramapo HS Dan Guido,RHS Vice Principal Rajan Melwani,President,Board of Health Franklin Claudia Dargento,IHHS Vice Principal Lakes Lisa Moumdijian,HMRS PTA President Blanca Klenk, Concerned Citizen Susan Walker,CRS PTA President Dr. Joseph Vitale,Vice President,Board of Health, Rachel Lohman, CRS PTA Vice President Franklin Lakes Julianne Barsoum Jabaly,WAS PTA President Patti Trava,REACH Addiction Advisor Sue Ellen Greenberg, SAFE HOMES Parent Priscilla Thoma, Concerned Citizen Laurie Restieri,Concerned Parent Christine Christopoul,Franklin Lakes Living Content Allison Larson,FAMS Guidance Counselor Coordinator Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page S January 3, 2023 Minutes Tomas Diaz,Board of Health,Franklin Lakes Mary Calvano,Concerned Parent Susan Tillsley,Board of Health,Franklin Lakes Pat Filenbaum,Concerned Citizen Cheri McKusker,IHHS PTSO Phyllis Quinn,Franklin Lakes Woman's Club Joseph Valenti,Concerned Citizen Representative Greg Hart,Borough Administrator Robert Grassi,Franklin Lakes Police Lieutenant Maureen Mohn, Concerned Citizen John Paxos,Concerned Citizen Beth Murtha,President,RHS APTS Steven Fiedeldey,FL School District Director of Alex Holt, Concerned Citizen Special Services Debbie Cipriano,Concerned Parent John Underfer,Concerned Citizen Douglas Malcolm,Concerned Citizen Marcie Zage,Concerned Citizen Dr. Alvin Jacobs, Concerned Citizen Randy Eigen,Concerned Citizen Stan Heimberger,Board of Health,Franklin Lakes Richard Lynn,Concerned Citizen Jacque Cipolla,Concerned Citizen Joseph Schattauer Paille,Wyckoff Stigma Free Marilyn Scott,Concerned Citizen Jane Pullaro,Franklin Lakes Woman's Club President Motion to approve the appointments was made by Council President Bonagura, seconded by Councilmember Kelly. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved 2023 Professionals & Staff Appointments Mayor Kahwaty offered the following staff and professional appointments: Superintendent of Public Works Richard Lilienthal Indoor Air Quality Designated Person Richard Lilienthal Recycling Coordinator Nancy Durkin Mayors Wellness Coordinator Dina Robinson Electrical Inspectors Michael Delessio Pantaleo Belgiovine Electrical Subcode Official Pantaleo Belgiovine Tenure Appointment Plumbing Inspectors Michael Daly Bill Steenstra Fire Inspector (UCC) Brian Comitto Fire Subcode Official Brian Comitto 4 year term effective date license issued Building Inspectors Michael Delessio Building Subcode Official 4 year term Zoning Official Diane Lilienthal Traffic Officer Denny Knubel Juvenile Officer Frank O'Brien Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 6 January 3, 2023 Minutes Detectives Jon Rynander Special Police Officer Nicholas Biondi Matron Ariane Hertenstein Fire Chief Charles Bohny, Jr. Assistant Fire Chief Michael Piccoli Chief Engineer to the Fire Department Chester Kowalski Assistant Engineers to the Fire Department Charles Bohny, Jr. Tyler Braun Max Chazen Michael Piccoli Firematic Officers Charles Bohny, Jr. Michael Piccoli Fire Captains Max Chazen Larry Kohan Fire Prevention Inspectors Brian Dalton Don De Vera Scott Wilson Municipal Humane Law Enforcement Officers Carol Tyler Kristen Gunderson Kim Nangle The Mayor offers the following Professional Appointments for 2023: Affordable Housing Counsel Surenian, Edwards &Nolan, LLC Bond Counsel Chiesa Shahinian & Giantomasi PC Borough Appraiser McNerney & Associates, Inc. Borough Architect Arcari+ Iovino Architects, PC Borough Attorney William T. Smith, Esq. Borough Auditor Lerch, Vinci & Bliss, LLP Borough Engineer Boswell Engineering, Inc. Borough Planner Kyle + McManus Associates, LLC Borough Prosecutor David C. Stanziale, Esq. Financial Advisor Phoenix Advisors, LLC Grant Professional Millenium Strategies, LLC Insurance Commissioner G. Thomas Donch Labor Attorney Ruderman & Roth, LLC Public Defender Salvador H. Sclafani, Esq. Risk Management+ Health Benefit Consultants Professional Insurance Associates Motion to approve the appointments was made by Councilmember Kelly, seconded by Councilmember Lambrix. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 7 January 3, 2023 Minutes Motion Approved Oath of Office Administered to Officers Mayor Kahwaty administered oaths of office to the following officers: • Fire Department Officers Ambulance Corps Officers • Fire Chief Charles J. Bohny, Jr. • President Dan DiMond • Assistant Chief Michael Piccoli • Vice President Esther Daniels • Captain Max Chazen • Treasurer Nick Pokrovsky • Captain Larry G. Kohan • Secretary Andrea Fitzmaurice • Fire Company Officers • Office of Emergency Management • President Brian Dalton • Emergency Management • Vice President Jim Webb Coordinator Chris Poppe • Corresponding Secretary John • Deputy Coordinator Joseph Hovan Barcelo • Financial Secretary Steve Linz • Deputy Coordinator Denny • Recording Secretary Michael Knubel Mital • Deputy Coordinator Nelson �mbulance Treasurer Tom Donch Winokur • Corps Line Officers • Captain Linda Finnan • 1st Lieutenant Michael O'Brien • 2nd Lieutenant Matthew Maggio • 3rd Lieutenant Arlene Flink Proclamation Mayor Kahwaty read the following proclamation: THANK YOU AND APPRECIATION TO VOLUNTEERS WHEREAS, the residents of the Borough of Franklin Lakes have been fortunate during 2022 to receive the benefits of many services and programs provided by the Borough; and, WHEREAS, many of these programs and services are available as a result of the time and effort of many volunteers; and, WHEREAS,some of the services and programs which are supported or provided in part or entirely by volunteers include: Fire Department Shade Tree Commission Ambulance Corps Environmental Commission Planning Board Office of Emergency Management Board of Adjustment REACH Board of Health Recreation &Parks Committee Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 8 January 3, 2023 Minutes NOW, THEREFORE, I, MAYOR CHARLES J. X. KAHWATY, Mayor of the Borough of Franklin Lakes, on behalf of the Mayor and Council and the residents of the Borough, do hereby recognize, thank, and extend our deepest appreciation to all of the volunteers that donate their invaluable services, time, and efforts to their fellow citizens. IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 3rd day of January, 2023. Mayor's Volunteer Awards Mayor Kahwaty presented the following Volunteer Awards: • Robert Bavagnoli • Rajan Melwani • Ericka & Michael Eilert • Joseph Pullaro • Arlene Flink • Donna Robinson • Joseph Leone • Jim Webb Mayor Kahwaty's Address Mayor Bivona, Mayor Schwager, Mayor Sayegh, Judge Toskos, Members of the Council, Distinguished Guests, Friends and Family: First, I wish to thank the residents of Franklin Lakes for according me one of the greatest honors of my life. No one has yet said to me what was said by the ancient sage, Aristophanes over 2000 years ago: "You have all the characteristics of a popular politician: a horrible voice, bad reading and a vulgar manner." That will come in due time. Over the past 11 years, I have had the great fortune of working with an outstanding Mayor and Council, from whom I have learned much, and hope to learn much more. As their terms expire, I wish to thank and commend Ann Swist and Joe Cadicina, who brought their knowledge and expertise to so many areas of Borough affairs, which is reflected in the quality of life we enjoy in Franklin Lakes. I also wish to welcome Joel Ansh and Ardith Cardenas, our newest Councilmembers, in what I hope will be a very productive period in their careers. No one does it alone, and I plan to engage collaboratively with both our new and continuing Councilmembers to make Franklin Lakes an even greater and more prosperous community. These past years have also seen Franklin Lakes undergo some of the most profound changes it has experienced in its history. It is worth reflecting on what we have done in order to see where we are going: Affordable Housing: Over the past decade,the Mayor and Council, with our Planning and Zoning Board of Adjustment, have successfully engaged with developers and planners to address Court- Ordered housing obligations using a responsible and practical approach. By doing so, development has proceeded in Franklin Lakes without overburdening essential services or infrastructure. I wish I could say that this obligation, once met, will go away—I cannot. It is an obligation imposed by the highest Court in this State on every municipality in New Jersey,which is periodically reviewed Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 9 January 3, 2023 Minutes by the Courts, which each town must deal with using the best resources at their disposal. That being said, I believe Franklin Lakes has done as good a job as any other municipality in the State when confronted with these obligations. Downtown Development: The past few years have also seen remarkable development of the Franklin Lakes commercial downtown area. Going forward, I intend to form a committee that will review what has been done to date with the objective of improving the aesthetic quality of the district, as well as addressing the concerns of those who have raised the issues of pedestrian and cyclist safety. This, of course, requires money, and we must be sensitive to our budget requirements in determining how quickly we can implement any committee recommendation. In addition, many of the areas that could conceivably be improved are either privately owned, or roads owned by the county. But none of this should be viewed as an impediment to long-range planning. As one example, we were able to move the commuter lot and create a new Veterans Plaza, making it easier for those who work in the City. Environment: Franklin Lakes has preserved vast swaths of land for future generations. These include, but are not limited to,the Franklin Lakes Nature Preserve,the approximate 100 acres now known as Parsons Pond Park, and 20+ acres known as Alice and Bud's Meadow. Combined with the other lakes and trails in Franklin Lakes, these provide a valuable counterweight to any other development taking place in our town. Finances: Preparing a responsible budget while maintaining essential services and providing for employees is always a challenge for any municipality, but it is one that I believe we have successfully met in recent times. This is reflected in our excellent bond rating, as well as the fact that we have the lowest tax rate in Bergen County, outside of Alpine. No one can predict the future, and I will never promise that what good fortune we may have had in the past is guaranteed for the future (the pandemic is a prime example of unexpected turns in the road). But I believe that with our blend of experienced and new Councilmembers, along with our finance team, we have a reasonable chance of handling future challenges that may arise. Speaking of accomplishment, I would be remiss in not saluting our Centennial Committee which organized our recently concluded celebrations, led by Dina Robinson and her team. It inspired our town to another century of prosperity and progress, and perfectly captured the spirit of our community. Thanks to all those involved in this project. I could not conclude my remarks without noting that our former Mayor has made my job significantly better, and immeasurably worse, than I could have imagined. Better, because he leaves office after 13 years in public service with Franklin Lakes significantly improved with a record of accomplishment that will be acknowledged for years to come. Frank Bivona devoted himself to his job 24/7, and it is reflected in the high regard in which he is held in this town. It was nowhere better reflected during the pandemic, which he e-blasted residents on a daily basis with an update as to the number of COVID cases, the rate of infection, and what the town was doing to protect its residents. Mayor Bivona never lauded his own accomplishments, and approached every problem in a practical and evenhanded manner. He claimed not to be political, but I never bought that. In fact, I think he was a master politician in the way he could relate to people, address their needs, and understood how to bring conflicting factions together. Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 10 January 3, 2023 Minutes And for that very reason, he has made my job very difficult. As I told many people during the campaign just concluded, if I was elected, I have big shoes to fill. In the last few months, those shoes have not gotten any smaller. So, I know that I join with all the people who live in Franklin Lakes in applauding Mayor Bivona for his lifetime of devotion to this town, along with First Lady Maureen Bivona, and I wish them well in their political, if not actual retirement. Frank, may you have many paddle tennis games ahead of you. And as I conclude my remarks, I welcome your comments, your criticisms (well, not too many!), and suggestions as to how we can make this a better town. I hope to devote my best efforts and skills to justify your confidence in me. My door will remain open. And as I noted in a recent article, I'll take an occasional prayer as well. Thank you very much and have a Happy New Year! Consent Resolution 10-23 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 resolutions can be found after the Adjournment. Resolution 11-23 Adopt Notice of Tort Claim Form Resolution 12-23 Approve By-Laws Resolution 13-23 Approve Community Emergency Response Team Resolution 14-23 Authorize Agreement—Valley Hospital Nursing Services for Annual Flu Clinic Resolution 15-23 Authorize Borough Clerk to Maintain Petty Cash Fund Resolution 16-23 Authorize Interlocal Agreement—Well Child Care Resolution 17-23 Authorize Participation in Defense Logistics Agency Resolution 18-23 Authorize Professional Service Agreement—Affordable Housing Attorney Resolution 19-23 Authorize Professional Service Agreement—Bond Counsel Resolution 20-23 Authorize Professional Service Agreement—Borough Appraiser Resolution 21-23 Authorize Professional Service Agreement—Borough Architect Resolution 22-23 Authorize Professional Service Agreement—Borough Attorney Resolution 23-23 Authorize Professional Service Agreement—Borough Auditor Resolution 24-23 Authorize Professional Service Agreement—Borough Engineer Resolution 25-23 Authorize Professional Service Agreement—Borough Planner Resolution 26-23 Authorize Professional Service Agreement—Financial Advisor Resolution 27-23 Authorize Professional Service Agreement—Grant Professional Resolution 28-23 Authorize Professional Service Agreement—Labor Attorney Resolution 29-23 Authorize Professional Service Agreement—Prosecutor Resolution 30-23 Authorize Professional Service Agreement—Public Defender Resolution 31-23 Authorize Professional Service Agreement — Risk Manager & Health Benefit Consultant Resolution 32-23 Authorize Reaffirmation of the Personnel Policy & Procedures Manual Resolution 33-23 Authorize Recreation &Parks Department to Maintain Petty Cash Fund Resolution 34-23 Authorize Shared Services Agreement—Sanitary Sewer Cleaning Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 11 January 3, 2023 Minutes Resolution 35-23 Authorize Shared Services Agreement—TV Inspections Resolution 36-23 Award Contract—Animal Control Officer Resolution 37-23 Award Contract—Finance and Tax Collection Software Maintenance Resolution 38-23 Award Contract—HVAC Maintenance Services Resolution 39-23 Award Contract—Office Supplies Resolution 40-23 Award Contract—Printer Cartridges and Supplies Resolution 41-23 Confirm Appointment of Emergency Management Coordinator Resolution 42-23 Designate Enforcement Officers Resolution 43-23 Designate Official Bank Depositories Resolution 44-23 Designate Official Newspapers Resolution 45-23 Designate Official Signatures Resolution 46-23 Designate Public Agency Compliance Officer Resolution 47-23 Establish 2023 Temporary Budget Appropriations Resolution 48-23 Establish 2023 Temporary Sewer Utility Budget Appropriations Resolution 49-23 Establish Cooperative Pricing Agreement Resolution 50-23 Establish Rate of Interest on Delinquent Taxes Resolution 51-23 Establish Volunteer Tuition Credit Program Resolution 52-23 Release Closed Session Minutes Resolution 53-23 Renew Mutual Aid Agreement—Fire Department Resolution 54-23 Renew Mutual Aid Agreement—Police Department Resolution 55-23 Require Authorization for Expenditures Resolution 56-23 Require Elected Officials to Attend Courses Resolution read and introduced by Council President Bonagura. Motion to approve with the following amendments; removal of the resolutions for the Local Emergency Planning Committee and the Municipal Emergency Planning Council; seconded by Councilmember Kelly. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly Lambrix Nays: Abstain: Bonagura(Resolution 34-23 Sanitary Sewer & Resolution 35-23 TV); Sheppard Absent: Motion Approved Public's Opportunity to Speak Ann Mitchel, 137 Gray Street,Bogota,President of the Bergen County Woman's Republican Club congratulated Mayor Kahwaty on behalf of the club. Drida McNamara, 419 Lake Road, Wyckoff, District 40 Chair, offered congratulations on behalf of Senators, Corrado, and the Assemblymen. Rose Sheehan, Elmwood Park, stated she is Mayor Kahwaty's cousin, and offered her congratulations. She spoke of how proud their parents would be and stated she knows he will do a great job. Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 12 January 3, 2023 Minutes Motion to close the time for public comment was made by Councilmember Sheppard, seconded by Councilmember Kelly. On voice vote, all in favor. Old Business None New Business None Adiournment Motion to adjourn at 7:23 PM was made by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution 11-23 Adopt Notice of Tort Claim Form WHEREAS, the New Jersey Tort Claims Act, N.J.S.A. 59:8-6, provides that a public entity may adopt a form to be completed by claimants seeking to file a Notice of Tort Claim against the public entity; and, WHEREAS, the Borough of Franklin Lakes is a public entity covered by the provisions of the New Jersey Tort Claims Act; and, WHEREAS, the Borough of Franklin Lakes deems it advisable, necessary, and in the public interests to adopt a Notice of Tort Claim form in the form attached hereto and made a part hereof. NOW THEREFORE BE IT RESOLVED,by the Mayor and Council of the Borough of Franklin Lakes assembled in public session the 3rd day of January, 2023, that the attached Notice of Tort Claim form be and hereby is adopted as the official Notice of Tort Claim form for the Borough of Franklin Lakes; and, BE IT FURTHER RESOLVED, that all persons making claims against the Borough of Franklin Lakes, pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:8-1, et. seq., be required to complete the form herein adopted as a condition of compliance with the notice requirement of the New Jersey Tort Claims Act. Resolution 12-23 Approve By-Laws BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that the "By-Laws of Borough Council" annexed hereto and incorporated by reference herein, are hereby adopted. Resolution 13-23 Approve Community Emergency Response Team Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 13 January 3, 2023 Minutes WHEREAS, the Borough of Franklin Lakes solicits residents to serve their community during emergency situations such as Community Emergency Response Team (CERT) and OEM Auxiliary volunteers under the Supervision of the Franklin Lakes Emergency Coordinator(EMC); and, WHEREAS, the role of a CERT and OEM Auxiliary member, beyond serving their family, neighbors and community in emergency situations, may also include other events and activities when authorized by the Emergency Management Coordinator, or designee; and, WHEREAS, training for CERT and OEM Auxiliary members, including but not limited to the CERT program, is made available through agencies such as the Federal Emergency Management Association, New Jersey Office of Emergency Management, Bergen County Office of Emergency Management, Franklin Lakes Office of Emergency Management or other training programs (e.g. American Red Cross); and, WHEREAS, all Franklin Lakes CERT and OEM Auxiliary members, when authorized to serve in a capacity authorized by the EMC or his or her designee, will covered by insurance under the Bergen Municipal Joint Insurance Fund; and, WHEREAS, a roster of CERT and OEM Auxiliary certified personnel and additional training each member has received will be kept on file in the Emergency Operations Center; and, WHEREAS, CERT and OEM Auxiliary volunteers may only serve at emergencies and authorized events and activities approved by the Franklin Lakes Office of Emergency Management; and, WHEREAS, the current roster of CERT and OEM Auxiliary members is attached; 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 attached roster of approved volunteers, as same may be amended from time to time, is hereby approved; and, BE IT FINALLY RESOLVED that a copy of this resolution be provided to the Franklin Lakes Emergency Management Coordinator. Resolution 14-23 Authorize Agreement—Valley Hospital Nursing Services for Annual Flu Clinic BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to execute an agreement for the year 2023 as recommended by the Borough of Franklin Lakes Board of Health with the Valley Hospital for public health nursing services for the annual flu clinic at a cost of$535.68. Resolution 15-23 Authorize Borough Clerk to Maintain Petty Cash Fund WHEREAS,N.J.S.A. 40A:521 authorizes the establishment of a Petty Cash Fund for the Borough Clerk's Office of the Borough of Franklin Lakes; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 14 January 3, 2023 Minutes WHEREAS, said Petty Cash Fund was established by resolution dated March 11, 1981, by the Borough of Franklin Lakes; and, WHEREAS, said Petty Cash Fund received approval from the Director of Local Government Services on March 30, 1981; and, WHEREAS, it is the desire of the Council that the said fund be continued under the direction of the Borough Clerk; NOW THEREFORE, BE IT RESOLVED on this 3rd day of January 2023, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that, during the year 2023, Gail M. Rulli, Borough Clerk be and is hereby authorized and permitted to establish a Petty Cash Fund in the amount not to exceed $500.00 pursuant to the provisions of N.J.S.A. 40A:5-21; and, BE IT FURTHER RESOLVED that said Petty Cash will be used by such office or department to pay claims for small miscellaneous expenses. Resolution 16-23 Authorize Interlocal Agreement—Well Child Care BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to execute an interlocal agreement with the Borough of Waldwick pertaining to the provision of Well Child Care services by the Borough of Waldwick from the date of execution until December 31, 2023. Resolution 17-23 Authorizing the Borough of Franklin Lakes through the Franklin Lakes Police Department to Participate in the Defense Logistics Agency, Law Enforcement Support Office, 1033 Program to Enable the Franklin Lakes Police Department to Request and Acquire Excess Department of Defense Equipment WHEREAS, the United States Congress authorized the Defense Logistics Agency (DLA) Law Enforcement Support Office (LESO) 1033 Program to make use of excess Department of Defense personal property by making that personal property available to municipal, county and State law enforcement agencies (LEAS); and, WHEREAS, DLA rules mandate that all equipment acquired through the 1033 Program remain under the control of the requesting LEA; and, WHEREAS, participation in the 1033 Program allows municipal and county LEAS to obtain property they might not otherwise be able to afford in order to enhance community preparedness, response, and resiliency; and, WHEREAS, although property is provided through the 1033 Program at no cost to municipal and county LEAS, these entities are responsible for the costs associated with delivery, maintenance, fueling, and upkeep of the property, and for specialized training on the operation of any acquired property; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 15 January 3, 2023 Minutes WHEREAS, N.J.S.A. 40A:5-30.2 requires that the governing body of the municipality or county approve, by a majority of the full membership, both enrollment in, and the acquisition of any property through, the 1033 Program; and, 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 Franklin Lakes Police Department is hereby authorized to enroll in the 1033 Program for no more than a one-year period, with authorization to participate terminating on December 31 of the current calendar year from January 1, 2023 to December 31, 2023; and, NOW THEREFORE BE IT FURTHER RESOLVED that the Franklin Lakes Police Department is hereby authorized to acquire items of non-controlled property designated "DEMIL A," which may include office supplies, office furniture, computers, electronic equipment, generators, field packs, non-military vehicles, clothing, traffic and transit signal systems, exercise equipment, farming and moving equipment, storage devices and containers, tools, medical and first aid equipment and supplies, personal protection equipment and supplies, construction materials, lighting supplies,beds and sleeping mats,wet and cold weather equipment and supplies, respirators, binoculars, and any other supplies or equipment of a non-military nature identified by the LEA, if it shall become available in the period of time for which this resolution authorizes, based on the needs of the Franklin Lakes Police Department, without restriction; and, NOW THEREFORE BE IT FURTHER RESOLVED that the Franklin Lakes Police Department is hereby authorized to acquire the following "DEMIL B through Q" property, if it shall become available in the period of time for which this resolution authorizes any and all controlled and/or non-controlled equipment based on the needs of the Police Department as determined by the Chief of Police, specifically see DEMIL Code List Attachment A; and, BE IT FURTHER RESOLVED that the Franklin Lakes Police Department shall develop and implement a full training plan and policy for the maintenance and use of the acquired property; and, BE IT FURTHER RESOLVED that the Franklin Lakes Police Department shall provide a quarterly accounting of all property obtained through the 1033 Program which shall be available to the public upon request; and, BE IT FURTHER RESOLVED that this resolution shall take effect immediately and shall be valid to authorize requests to acquire "DEMIL A" property and "DEMIL B through Q"property that may be made available through the 1033 Program during the period of time for which this resolution authorizes; with Program participation and all property request authorization terminating on December 31 of the current calendar year from January 1, 2023 to December 31, 2023. Resolution 18-23 Authorize Professional Service Agreement—Affordable Housing Attorney WHEREAS,the Borough of Franklin Lakes has a need for the provision of legal services as a non- fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 16 January 3, 2023 Minutes WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, Surenian, Edwards & Nolan, LLC has agreed to provide legal services as the Borough's Affordable Housing Counsel in accordance with a proposed Agreement effective January 1, 2023, for a billing rate of$90.00-$195.00 per hour; and, WHEREAS, Surenian, Edwards & Nolan, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Surenian, Edwards & Nolan, LLC has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Surenian, Edwards & Nolan, LLC from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Surenian, Edwards & Nolan, LLC, 311 Broadway, Suite A, Point Pleasant Beach, NJ 08742, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 19-23 Authorize Professional Service Agreement—Bond Counsel WHEREAS,the Borough of Franklin Lakes has a need to acquire Bond Counsel as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5 as appropriate; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 through December 31, 2023; and, WHEREAS, Bernard S. Davis of Chiesa Shahinian and Giantomasi, PC has submitted a proposal effective January 1, 2023 indicating he will provide Bond Counsel services for an amount as described in his agreement, including hourly rates of$230.00 to $310.00; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 17 January 3, 2023 Minutes WHEREAS, Bernard S. Davis of Chiesa Shahinian and Giantomasi, PC has completed and submitted a Business Entity Disclosure Certification which certifies that Bernard S. Davis of Chiesa Shahinian and Giantomasi, PC has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Bernard S. Davis of Chiesa Shahinian and Giantomasi, PC from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Bernard S. Davis of Chiesa Shahinian and Giantomasi, PC, One Boland Drive, West Orange, NJ 07052, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 20-23 Authorize Professional Service Agreement—Borough Appraiser WHEREAS, the Borough of Franklin Lakes has a need for the provision of Appraisal Services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, McNerney &Associates, Inc. has agreed to provide appraisal services relative to the pending tax appeals within the Borough of Franklin Lakes as the Borough Appraiser in accordance with a proposed Agreement effective January 1, 2023, for rates as set forth in the proposal including $1,500.00 per residential appraisal; and, WHEREAS, McNerney & Associates, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that McNerney & Associates, Inc. has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit McNerney & Associates, Inc. from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 18 January 3, 2023 Minutes NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with McNerney & Associates, Inc., 175 Rock Road,P.O. Box 67, Glen Rock, NJ 07452-0067 as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 21-23 Authorize Professional Service Agreement—Borough Architect WHEREAS, the Borough of Franklin Lakes has a need to acquire a Borough Architect as a non- fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the acquisition will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS,Arcari+Iovino Architects,PC,has submitted a proposal indicating they will provide Architectural Services as per their proposal, including hourly rates $90.00 to $170.00 per hour and pursuant to an agreement to be entered into between the parties; and, WHEREAS, Arcari + Iovino Architects, PC has completed and submitted a Business Entity Disclosure Certification which certifies that Arcari & Iovino Architects, PC has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Arcari & Iovino Architects, PC from making any reportable contributions through the term of the contract; and, NOW, THEREFORE, BE IT RESOLVED, that the Mayor and Council of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Arcari + Iovino Architects, PC, One Katherine Street, Little Ferry, NJ 07643 as described herein; and, BE IT FURTHER RESOLVED, that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED, that the Borough Clerk shall cause a notice of the adoption of this resolution be printed in a qualified newspaper within ten (10) days after passage hereof. Resolution 22-23 Authorize Professional Service Agreement—Borough Attorney WHEREAS, the Borough of Franklin Lakes has a need for the provision of legal services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 19 January 3, 2023 Minutes WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, William T. Smith, Esq. of Smith, Crotty, Meyer&Bruins has agreed to provide legal services as Borough Attorney in accordance with an Agreement effective January 1, 2023, for an annual fee not to exceed of$79,000 and for a billing rate of$150 per hour, as described in said Agreement; and, WHEREAS, William T. Smith, Esq. of Smith, Crotty, Meyer & Bruins has completed and submitted a Business Entity Disclosure Certification which certifies that William T. Smith, Esq. of Smith, Crotty, Meyer & Bruins has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit William T. Smith, Esq. of Smith, Crotty, Meyer & Bruins from making any reportable contributions through the term of the contract, and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with William T. Smith, Esq. of Smith, Crotty, Meyer & Bruins, 851 Franklin Lake Road, Franklin Lakes, NJ 07417, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 23-23 Authorize Professional Service Agreement—Borough Auditor WHEREAS, the Borough of Franklin Lakes has a need for the provision of auditing services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, Dieter P. Lerch, CPA, RMA, PSA of Lerch, Vinci & Bliss, LLP has agreed to provide auditing services as the Borough Auditor in accordance with an Agreement effective January 1, 2023, for rates as set forth therein, including a fee of$35,000 for the annual audit, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 20 January 3, 2023 Minutes WHEREAS, Dieter P. Lerch, CPA, RMA, PSA of Lerch, Vinci & Bliss, LLP has completed and submitted a Business Entity Disclosure Certification which certifies that Dieter P. Lerch, CPA, RMA, PSA of Lerch, Vinci & Bliss, LLP has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Dieter P. Lerch, CPA, RMA,PSA of Lerch, Vinci&Bliss, LLP from making any reportable contributions through the term of the contract, and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Dieter P. Lerch, CPA, RMA, PSA of Lerch, Vinci & Bliss, LLP, 17-17 Route 208, Fair Lawn, New Jersey, 07410, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 24-23 Authorize Professional Service Agreement—Borough Engineer WHEREAS, the Borough of Franklin Lakes has a need for the provision of Engineering Services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, Kevin J. Boswell, PE of Boswell Engineering, Inc., has agreed to provide engineering services as the Borough Engineer in accordance with an Agreement effective January 1, 2023, for an amount as set forth in their proposal, including fee of $13,068.00 for attending Mayor and Council, Planning Board, and Zoning Board meetings and pursuant to an agreement to be entered into between the parties; and, WHEREAS, Kevin J. Boswell, PE of Boswell Engineering, Inc. has completed and submitted a Business Entity Disclosure Certification which certifies that Kevin J. Boswell, PE of Boswell Engineering, Inc., has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Kevin J. Boswell, PE of Boswell Engineering, Inc. from making any reportable contributions through the term of the contract, and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 21 January 3, 2023 Minutes NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Kevin J. Boswell, PE of Boswell Engineering, Inc., 330 Phillips Avenue, South Hackensack, New Jersey, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 25-23 Authorize Professional Service Agreement - Borough Planner WHEREAS,the Borough of Franklin Lakes has a need to acquire a Professional Planner as a non- fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.4 or 20.5 as appropriate; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 through December 31, 2023; and, WHEREAS, Elizabeth McManus of Kyle+McManus Associates, LLC, has submitted a proposal effective January 1, 2023 indicating she will provide Professional Planning services for an amount as described in her agreement dated November 15,2022, including an hourly rate of$147.00; and, WHEREAS, Elizabeth McManus of Kyle + McManus Associates, LLC, has completed and submitted a Business Entity Disclosure Certification which certifies that Elizabeth McManus of Kyle + McManus Associates, LLC, has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Elizabeth McManus of Kyle + McManus Associates, LLC, from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Elizabeth McManus of Kyle + McManus Associates, LLC, 2 East Broad Street, 2nd Floor, Hopewell, NJ 08525 as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 22 January 3, 2023 Minutes BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 26-23 Authorize Professional Service Agreement—Financial Advisor WHEREAS, the Borough of Franklin Lakes has a need for a Financial Advisor as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS,Phoenix Advisors,LLC, 625 Farnsworth Avenue,Bordentown,NJ 08505 has agreed to serve as the Borough's Financial Advisor as provided for in their proposal received December 13, 2022 for the amount not to exceed $1,600; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into an agreement with Phoenix Advisors, LLC 625 Farnsworth Avenue, Bordentown, NJ 08505 as described herein; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 27-23 Authorize Professional Service Agreement—Grant Professional WHEREAS, the Borough of Franklin Lakes has a need for a Grant Professional as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, Millennium Strategies, LLC, 60 Columbia Road, Bldg. B, Suite 230, Morristown, NJ 07960, has agreed to serve as the Borough's Grant Professional as provided for in their proposal received November 30, 2022 for an amount not to exceed $4,800.00; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X Kahwaty to enter into an agreement with Millennium Strategies, LLC, 60 Columbia Road, Bldg. B, Suite 230, Morristown, NJ 07960 as described herein; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 28-23 Authorize Professional Service Agreement—Labor Attorney WHEREAS, the Borough of Franklin Lakes has a need for the provision of legal services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 23 January 3, 2023 Minutes WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS, Mark S. Ruderman, Esq. of Ruderman & Roth, LLC has agreed to provide legal services as the Borough's Labor Counsel in accordance with an Agreement effective January 1, 2023, for a billing rate of$185 per hour, as described in said Agreement; and, WHEREAS, Mark S. Ruderman, Esq. of Ruderman &Roth, LLC has completed and submitted a Business Entity Disclosure Certification which certifies that Mark S. Ruderman,Esq. of Ruderman & Roth, LLC has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Mark S. Ruderman, Esq. of Ruderman & Roth, LLC from making any reportable contributions through the term of the contract, and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Mark S. Ruderman, Esq. of Ruderman & Roth, LLC, 150 Morris Avenue, Suite 303, Springfield, New Jersey 07081, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 29-23 Authorize Professional Service Agreement—Prosecutor WHEREAS, the Borough of Franklin Lakes has a need to acquire a Municipal Prosecutor as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 through December 31, 2023; and, WHEREAS, David C. Stanziale, Esq. of David C. Stanziale, LLC, 522 High Mountain Road, Suite 3, North Haledon, New Jersey 07508 has agreed to provide Municipal Prosecutor services in accordance with a proposed agreement effective January 1, 2023, for an annual fixed fee of $16,164.00, for up to three (3) court sessions in a month plus $375.00 for each additional court session; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 24 January 3, 2023 Minutes WHEREAS, David C. Stanziale, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that David C. Stanziale, Esq. has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit David C. Stanziale, Esq. from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with David C. Stanziale, Esq. of David C. Stanziale, LLC, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 30-23 Authorize Professional Service Agreement—Public Defender WHEREAS, the Borough of Franklin Lakes has a need to acquire a Public Defender as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 through December 31, 2023; and, WHEREAS, Salvador H. Sclafani, Esq., 466 Kinderkamack Road, Oradell, New Jersey 07649 has agreed to provide Municipal Public Defender services in accordance with a proposed agreement effective January 1, 2023, for an annual fee of$8,156.00 in a calculated fixed amount monthly; and, WHEREAS, Salvador H. Sclafani, Esq. has completed and submitted a Business Entity Disclosure Certification which certifies that Salvador H. Sclafani, Esq. has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Salvador H. Sclafani, Esq. from making any reportable contributions through the term of the contract; and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with Salvador H. Sclafani, Esq. as described herein; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 25 January 3, 2023 Minutes BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 31-23 Authorize Professional Service Agreement—Risk Manager & Health Benefit Consultant WHEREAS, the Borough of Franklin Lakes has a need for the provision of a Risk Manager and Health Benefit Consultant services as a non-fair and open contract pursuant to the provisions of N.J.S.A. 19:44A-20.5; and, WHEREAS, the Borough Administrator has determined and certified in writing that the value of the services will exceed $17,500.00; and, WHEREAS, the anticipated term of this contract is from January 1, 2023 to December 31, 2023; and, WHEREAS,the firm of Professional Insurance Associates—A World Insurance Associates, LLC Company, has agreed to provide services as the Borough's Risk Manager and Health Benefit Consultant in accordance with an Agreement effective January 1, 2023; • for the position of Risk Manager, a billing rate in an amount equal to six percent (6%) of the Municipality's annual assessment as promulgated by the Fund; and, • for the position of Health Benefits Consultant, a per employee per month fee as promulgated by the BMED; and, WHEREAS,the firm of Professional Insurance Associates—A World Insurance Associates, LLC Company, has completed and submitted a Business Entity Disclosure Certification which certifies that Professional Insurance Associates — A World Insurance Associates, LLC Company, has not made any reportable contributions to a political or candidate committee in the Borough of Franklin Lakes in the previous one year, and that the contract will prohibit Professional Insurance Associates — A World Insurance Associates, LLC Company, from making any reportable contributions through the term of the contract, and, WHEREAS, the Chief Financial Officer has certified the availability of funds for this award according to N.J.A.C. 5:30-5.4; NOW THEREFORE, BE IT RESOLVED that the Governing Body of the Borough of Franklin Lakes authorizes Mayor Charles J. X. Kahwaty to enter into a contract with the firm of Professional Insurance Associates — A World Insurance Associates, LLC Company, 429 Hackensack St., P.O. Box 818, Carlstadt, New Jersey, 07072, as described herein; and, BE IT FURTHER RESOLVED that the Business Disclosure Entity Certification and the Determination of Value be placed on file with this resolution; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 26 January 3, 2023 Minutes BE IT FURTHER RESOLVED that a copy of this resolution shall be published as required by law within ten days of its passage. Resolution 32-23 Authorize the Reaffirmation of the Personnel Policy & Procedures Manual of the Borough WHEREAS,the Borough of Franklin Lakes has a Personnel Policies &Procedures Manual which has been established to ensure Employees and prospective Employees are treated in a manner consistent with all applicable employment laws, regulations and protocols; and, WHEREAS,the Borough places great value and consideration in relation to the health,well-being and safety of its Employees. WHEREAS, said Manual is also in accordance with the requirements promulgated by the Bergen County Municipal Joint Insurance Fund and under the auspices of the New Jersey Municipal Excess Liability Fund; and, NOW, THEREFORE BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey the Manual previously adopted by Resolution is hereby reaffirmed to serve as the Borough's Personnel Policies and Procedures serving and applying to every Employee, Volunteer, Elected & Appointed Official and Independent Contractor(s) serving the Borough; and, BE IT FURTHER RESOLVED, the Borough will continue to monitor changes in Federal and State Statutes and Regulations to ensure continued compliance with applicable laws, regulations and policies that impact the employment practices of the Borough; and, BE IT FURTHER RESOLVED, a certified copy of this Resolution shall be maintained on file in the Clerk's office and shall also be forwarded to Professional Insurance Associates, 429 Hackensack Street, P.O. Box 818 Carlstadt, NJ 07072, Risk Management Consultant to the Borough. Resolution 33-23 Authorize Recreation & Parks Committee to Maintain Petty Cash Fund WHEREAS, N.J.S.A. 40A:521 authorizes the establishment of a Petty Cash Fund for the Recreation &Parks Committee of the Borough of Franklin Lakes; and WHEREAS, said Petty Cash Fund was established by resolution dated October 9, 1996, by the Borough of Franklin Lakes; and WHEREAS, said Petty Cash Fund received approval from the Director of Local Government Services on November 25, 1996, and WHEREAS, it is the desire of the Council that the said fund be continued under the direction of the Community Director; Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 27 January 3, 2023 Minutes NOW THEREFORE, BE IT RESOLVED, on this 3rd day of January 2023, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that, during the year 2023, Recreation and Parks Department be and is hereby authorized and permitted to establish a Petty Cash Fund in the amount not to exceed $100.00 pursuant to the provisions of 40A:5-21; and, BE IT FURTHER RESOLVED that said Petty Cash will be used by such office or department to pay claims for small miscellaneous expenses. Resolution 34-23 Authorize Shared Services Agreement—Sanitary Sewer Cleaning BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to execute an Interlocal Service Agreement for Sanitary Sewer Cleaning with the Northwest Bergen County Utilities Authority for the years 2023 and 2024 after review and approval by the Borough Attorney. Resolution 35-23 Authorize Shared Services Agreement—TV Inspections BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to execute a Shared Services Agreement for TV Inspection with the Northwest Bergen County Utilities Authority for the years 2023 and 2024 after review and approval by the Borough Attorney. Resolution 36-23 Award Contract—Animal Control Officer BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the 2023 Animal Control Services Contract Agreement between the Borough of Franklin Lakes and Tyco Municipal Animal Control LLC in the amount of$14,100.00 and $60.00 for after-hours calls be signed by the Mayor and Borough Clerk as approved by the Board of Health. Resolution 37-23 Award Contract—Finance and Tax Collection Software Maintenance WHEREAS, N.J.S.A. 40A:11-5(1) (dd) provides that the Mayor and Council may award a contract for the provision of services for the support or maintenance of proprietary computer software without public advertising for bid; and, WHEREAS,the Chief Financial Officer has recommended the award of a contract for the support and maintenance of the Borough's proprietary finance and tax collection software to Edmunds & Associates, Inc., 301A Tilton Road, Northfield, New Jersey 08225, for the year 2023, for the proposal amount of$14,643.51; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the recommendation of the Chief Financial Officer is approved and the contract for the support and maintenance of the Borough's proprietary finance and tax collection software be and is hereby awarded to Edmunds & Associates, Inc., for the year 2023, for the proposal amount of$14,643.51; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 28 January 3, 2023 Minutes BE IT FURTHER RESOLVED that a Certification of Funds has been prepared and authorized by the Chief Financial Officer for the said contract assuring that there is a sufficient appropriation to fund the purchase authorized in this resolution as an express and mandatory condition of the award of this contract; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Edmunds & Associates, Inc., and the Chief Financial Officer. Resolution 38-23 Award Contract—HVAC System Maintenance WHEREAS, the Superintendent of Public Works solicited proposals for an HVAC system maintenance contract for all Borough owned buildings for a two year contract, with a Borough option for two additional one year periods; and, WHEREAS, the Mayor and Council wish to award this contract to the contractor that submitted the lowest cost proposal; and, WHEREAS, the Superintendent of Public Works has recommended that the contract for these services be awarded to Whalen and Ives, Inc., 108 Kinderkamack Road, Park Ridge, NJ 07656, for the proposal amount of$6,950.00 annually; 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 HVAC system maintenance for the period from January 1, 2023 to December 31, 2024, with a Borough option for two additional one year periods, for all Borough owned buildings be and is hereby awarded to Whalen and Ives for the contract amount of$6,950.00 annually; and, BE IT FURTHER RESOLVED that, in accordance with N.J.S.A. 40A:11-15(3),this contract is for a term not exceeding five (5) years, and it is subject to the availability and appropriation annually of sufficient funds in accordance with regulations requiring certification of funds; and the budgetary accounting encumbrance process as set forth in N.J.A.C. 5:30-5.3(c) and 5:30-5.4(b)for each fiscal year shall take the place of, and be used instead of, written certification of available funds as set forth in N.J.A.C. 5:30-5.4(a); BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Whalen and Ives and the Superintendent of Public Works. Resolution 39-23 Award Contract - Office Supplies WHEREAS,the Deputy Borough Clerk has solicited proposals for the purchase of general office supplies; and, WHEREAS, by memo dated December 27, 2022, the Deputy Borough Clerk recommends that the Borough award the contract for the purchase of general office supplies to the vendor that submitted the most favorable proposal, based on cost and other factors, WB Mason Co. Inc., 535 Secaucus Road, Secaucus, NJ 07094-2529; Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 29 January 3, 2023 Minutes 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 Deputy Borough Clerk is approved and a contract for the purchase of general office supplies be and is hereby awarded to WB Mason Co.Inc.,for a period of two years, for unit prices as indicated on its website; and, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to WB Mason, the Borough's department heads and the Deputy Borough Clerk. Resolution 40-23 Award Contract—Printer Toner Cartridges and Supplies WHEREAS, the Deputy Borough Clerk has solicited proposals for the purchase of printer toner cartridges and supplies; and, WHEREAS, by memo dated December 27, 2022, the Deputy Borough Clerk recommends that the Borough award the contract for the purchase of printer toner cartridges and supplies to the vendor that submitted the most favorable proposal, based on cost and other factors, Cartridge World, 830 Franklin Avenue, Franklin Lakes, New Jersey 07417; 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 Deputy Borough Clerk is approved and a contract for the purchase of printer toner cartridges and supplies be and is hereby awarded to Cartridge World, for a period of two years, for unit prices as indicated on its website or catalog; and, BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to Cartridge World, the Borough's department heads and the Deputy Borough Clerk. Resolution 41-23 Confirm Appointment of Emergency Management Coordinator BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, that Christopher Poppe is hereby appointed to the position of Emergency Management Coordinator for the Borough of Franklin Lakes for a three (3) year term commencing January 1, 2023 and ending December 31, 2025; and BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to Christopher Poppe. Resolution 42-23 Designate Enforcement Officers BE IT RESOLVED, that the Zoning Officer, Construction Officer, Department of Public Works Superintendent and all members of the Police Department shall be designated as the enforcement officers to enforce the provisions of Chapter 220, Uniform Construction Codes; Chapter 425, Streets and Sidewalks; and Chapter 300, Land Use and Development of the Borough of Franklin Lakes, and that the Zoning Officer, the Construction Officer, Department of Public Borough ofFranklin Lakes Reorganization Meeting of the Mayor and Council Page 30 January 3, 2023 Minutes Works Superintendent and all members of the Police Department shall cause persons, firms or corporations in violation thereof, to be prosecuted. Resolution 43-23 Designate Official Bank Depositories BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that Columbia Bank and TD Bank, be and are hereby designated an official depository for the Borough for the year 2023, in accordance with the Borough's Cash Management Plan as adopted pursuant to N.J.S.A. 40A:5-14. Resolution 44-23 Designate Official Newspapers BE IT RESOLVED, The Record, Hackensack, NJ; The Herald News, Hackensack, NJ; The Ridgewood News, Hackensack, NJ; and The Star Ledger, Newark, NJ are hereby designated in 2023 as the official newspapers of the Borough of Franklin Lakes. BE IT FURTHER RESOLVED, that franklinlake" is the official electronic news medium for the Borough of Franklin Lakes. Resolution 45-23 Designate Official Signatures WHEREAS, the Borough of Franklin Lakes has funds deposited in certain banking institutions; and, WHEREAS, official signatures are required on certain check and documents pertaining to the transaction of the business of the said Borough; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that the following named officials are authorized to affix their signatures on all checks during the year 2023: • Charles J. X. Kahwaty, Mayor • William G. Pike, Chief Financial Officer BE IT FURTHER RESOLVED that, in the absence of the aforementioned officials, the following named persons be authorized to affix their signatures to any checks: • Dennis Bonagura, Council President for Mayor • Meena Sivakumar, Tax Collector for Chief Financial Officer BE IT FURTHER RESOLVED that the following named officials are authorized to affix their signatures to approve vouchers for payment during the year 2023: • Gregory C. Hart, Borough Administrator • William G. Pike, Chief Financial Officer Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 31 January 3, 2023 Minutes BE IT FURTHER RESOLVED that, in the absence of the aforementioned officials, the following named persons be authorized to affix their signatures to any vouchers: • Gail M. Rulli, Borough Clerk for Borough Administrator • Meena Sivakumar, Tax Collector for Chief Financial Officer Resolution 46-23 Designate Public Agency Compliance Officer BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that Gregory C. Hart, Borough Administrator,be designated as the Public Agency Compliance Officer (P.A.C.O.) for the Borough of Franklin Lakes. Resolution 47-23 Establish 2023 Temporary Budget Appropriations WHEREAS, Section 40:44-19 of Revised Statutes of the Local Budget Act provides that, where any contracts, commitments or payments are to be made prior to the adoption of the CY 2023 budget, temporary appropriations be made before January 31, 2023 for the purposes and amounts required and in the manner and time therein provided; and, WHEREAS,the total appropriations as made shall not exceed 26.25% of the total appropriations made for all purposes in the budget of the preceding calendar year excluding, in both instances, appropriations made for interest and Debt Redemption Charges, Capital Improvement Fund and Public Assistance; and, WHEREAS,the date of this resolution is within the first thirty days of January, 2023; and, WHEREAS,the total appropriations in the CY 2022 budget exclusive of any appropriations made for Debt Service, Capital Improvement Fund, and for Public Assistance (Relief), is the sum of $16,755,174.00; and, WHEREAS, 26.25% of the total appropriations of the CY 2022 budget exclusive of any appropriations made for Debt Service, Capital Improvement Fund, and Public Assistance (Relief) in said budget is the sum of$4,398,233.18. WHEREAS,the appropriations for the 2023 Temporary Debt Service budget total$1,020,000.00. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, New Jersey that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records. Resolution 48-23 Establish 2023 Temporary Sewer Utility Budget Appropriations WHEREAS, Section 40:44-19 of Revised Statutes of the Local Budget Act provides that, where any contracts, commitments or payments are to be made prior to the adoption of the CY 2023 Sewer Utility Budget,temporary appropriations be made before January 31, 2023 for the purposes and amounts required and in the manner and time therein provided; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 32 January 3, 2023 Minutes WHEREAS,the total appropriations as made shall not exceed 26.25% of the total appropriations made for all purposes in the Sewer Utility Budget of the preceding calendar year excluding, in both instances, appropriations made for interest and Debt Redemption Charges, Capital Improvement Fund and Public Assistance; and, WHEREAS,the date of this resolution is within the first thirty days of January, 2023; and, WHEREAS, the total appropriations in the CY 2022 Sewer Utility Budget exclusive of any appropriations made for Debt Service, Capital Improvement Fund, and for Public Assistance (Relief), is the sum of$141,000.00; and, WHEREAS, 26.25% of the total appropriations of the CY 2022 Sewer Utility Budget exclusive of any appropriations made for Debt Service, Capital Improvement Fund, and Public Assistance (Relief) in said budget is the sum of$37,012.50. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, New Jersey that the following temporary appropriations be made and that a certified copy of this resolution be transmitted to the Chief Financial Officer for his records. Resolution 49-23 Establish Cooperative Pricing Agreement WHEREAS, N.J.S.A. 40A:11-11(5) authorizes contracting units to establish a Cooperative Pricing System and to enter into Cooperative Pricing Agreements for its administration; and, WHEREAS,the Township of Wyckoff, hereinafter referred to as the "Lead Agency " has offered voluntary participation in a Cooperative Pricing System for the purchase of goods and services; and, WHEREAS, on January 3, 2023, Mayor and Council of the Borough of Franklin Lakes duly considered participation in a Cooperative Pricing System for the provision and performance of goods and services; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, as follows: TITLE This RESOLUTION shall be known and may be cited as the Cooperative Pricing Resolution of the Borough of Franklin Lakes. AUTHORITY Pursuant to the provisions of N.JS.A. 40A:11-11(5), the Borough Administrator Gregory C. Hart, is hereby authorized to enter into a Cooperative Pricing Agreement with the Lead Agency. Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 33 January 3, 2023 Minutes CONTRACTING UNIT The Lead Agency shall be responsible for complying with the provisions of the Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.) and all other provisions of the revised statutes of the State of New Jersey. EFFECTIVE DATE This resolution shall take effect immediately upon passage. Resolution 50-23 Rate of Interest on Delinquent Taxes BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that, for the year 2023, the rate of interest on delinquent taxes, sewer utility and assessments shall be fixed at the rate of eight (8%) percent per year on the first $1,500 of the delinquency and at the rate of eighteen (18%) percent per year on any amount of delinquency in excess of $1,500.00; except that no interest shall be charged if payment of any installment is made within the ten (10) days after the date upon which same became payable; and, BE IT FURTHER RESOLVED that an additional penalty of six (6%) percent will be charged on any delinquency in excess of$10,000 if not paid by the end of the calendar year; and, BE IT FURTHER RESOLVED that interest be computed on delinquent taxes, sewer utility and assessments to the day payment is received in the Tax Collector's Office; and, BE IT FURTHER RESOLVED that the Tax Collector be authorized to hold the annual tax sale on delinquent taxes, sewer utility and assessments as required by P.L. 1997 Chapter 99; and, BE IT FURTHER RESOLVED, with respect to Tax Certificates held by the municipality, the following additional penalties shall be charged: two (2%) percent per year on the amount due in excess of$200 up to $5,000; four(4%)percent per year of the amount due in excess of$5,000 up to $10,000; and six (6%)percent per year on the amount in excess of$10,000; and, BE IT FURTHER RESOLVED that amounts are to be calculated from the date the tax, sewer utility and assessments was payable until the date of actual payment,provided that no interest shall be charged if payment of any installment is made on or before the tenth (10 h) calendar day following the date upon which the same became payable; except that: • when the tenth(10'')day of the grace period falls on a Saturday or Sunday,the grace period shall be extended to the following Monday, and if the following Monday is a legal holiday, the grace period shall be due and payable on the following Tuesday; • when the tenth(I Oh) day of the grace period falls on a legal holiday, the grace period shall be extended to the next day, and, if the next day is a Saturday or Sunday, the grace period shall be extended to the following Monday; and, BE IT FINALLY RESOLVED that, in the event a check received by the Borough is returned because of insufficient funds or for any other reason, a charge of$20 will be imposed against said Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 34 January 3, 2023 Minutes property; and, further, where a check is received and is then returned unpaid, it shall be as though the taxes, sewer utility and assessments were not paid and interest shall accrue as outlined herein until proper payment is made. Resolution 51-23 Establish Volunteer Tuition Credit Program WHEREAS,the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, deems it appropriate to enhance the recruitment and retention of volunteer firefighters and emergency medical volunteers in the Borough of Franklin Lakes; and WHEREAS, the State of New Jersey has enacted P.L. 1998, c. 145 which permits municipal governments to allow their firefighting and emergency medical volunteers to take advantage of the Volunteer Tuition Credit Program at no cost to the municipal government. NOW, THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, that the Volunteer Tuition Credit Program set forth in P.L. 1998, c. 145 is herewith adopted for the volunteer firefighters and emergency medical volunteers in the municipality; and BE IT FURTHER RESOLVED, that the Borough Administrator is herewith delegated the responsibility to administer the program and is authorized to enter into all agreements and to maintain files of all documents as may be required under the P.L. 1998, c. 145, which is incorporated by reference herein. Resolution 52-23 Release Closed Session Minutes BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that pursuant to the requirements of the Open Public Records Act, the minutes of closed meetings conducted by the Governing Body of the Borough of Franklin Lakes for the year 2023 are hereby determined to be released to the public except any that contain legal strategies or where the confidentiality of the matter still exists. Resolution 53-23 Renew Mutual Aid Agreement—Fire Department WHEREAS, the Mayor and Council of the Borough of Franklin Lakes has considered the bylaws of the Northwest Bergen Mutual Aid Association relating to mutual assistance between communities in the event of fire, disaster, or other emergencies; and, WHEREAS, mutual aid agreements and relationships with the Northwest Bergen Mutual Aid Association and other Bergen County and Passaic County municipalities will enhance the Borough's ability to provide fire protection and emergency service to the Franklin Lakes community and other area municipalities; and, WHEREAS, the State of New Jersey considers reciprocal assistance with area municipalities for emergency services a best practice; and, Borough of Franklin Lakes Reorganization Meeting of the Mayor and Council Page 35 January 3, 2023 Minutes WHEREAS,the Fire Chief recommends that the Mayor and Council renew mutual aid agreements and relationships with the Northwest Bergen Mutual Aid Association and other Bergen County and Passaic County municipalities; 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 Borough of Franklin Lakes renews its participation in the Northwest Bergen Mutual Aid Association; and, BE IT FURTHER RESOLVED that the Borough of Franklin Lakes renews its mutual aid relationship with other Bergen County and Passaic County municipalities; and, BE IT FURTHER RESOLVED that the adoption of this resolution shall serve as the formal written mutual aid agreement for all emergency response units and said emergency responses shall be conducted pursuant to State law and in accordance with standard emergency operating practices. Resolution 54-23 Renew Bergen County Law Enforcement Mutual Aid Resolution WHEREAS,the police departments in Bergen County have a day to day responsibility to provide for the security of lives and property, for the maintenance and preservation of the public peace and order, and WHEREAS, Law Enforcement Officials also have a responsibility to provide for preparedness against natural emergencies, such as floods,hurricanes, earthquakes, major storms, etc.,man-made causes, civil unrest, and civil disobedience such as riot, strikes, jail or prison riots, train wrecks, aircraft crashes, major fires, ethnic disorders, riots, terrorist incidents and bombings, state and national emergencies, and WHEREAS, the Bergen County Police Chief's Association has proposed a Mutual Aid Plan and Rapid Deployment Force to deal with these emergencies, and WHEREAS, this Plan is adopted in accordance with the provisions of N.J.S.A. 40A:14-156, N.J.S.A. 40A:14-156.1, N.J.S.A. 40A:14-156.4 and N.J.S.A. App. A:9-40.6, and WHEREAS, this Plan will provide a uniform procedure for the coordination of the requesting, dispatching, and utilization of law enforcement personnel and equipment whenever a local law enforcement agency requires mutual aid assistance from any other jurisdiction, both contiguous and non-contiguous, in the event of an emergency, riot or disorder, in order to protect life and property, and WHEREAS, it is the desire of the Mayor and Council of the Borough of Franklin Lakes to participate in a Mutual Aid Plan and Rapid Deployment Force in accordance with the Plan as submitted by the Bergen County Police Chief's Association. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the police Department of the Borough of Franklin Lakes, under the direction of the Chief of Police, cooperate with the Bergen County Police Chief's Association to create an Borough ofFranklin Lakes Reorganization Meeting of the Mayor and Council Page 36 January 3, 2023 Minutes Interlocal Services Agreement with all municipalities in the County of Bergen in order to put into place the Mutual Aid Plan and Rapid Deployment Force, and BE IT FURTHER RESOLVED that a copy of the Resolution be forwarded to the County Executive, the Board of Chosen Freeholders, the County Prosecutor, and all municipalities in the County of Bergen. Resolution 55-23 Require Authorization for Expenditures BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that no expenditure in excess of$6,600 be expended from budget appropriations without prior authorization of the Mayor and Council, except in case of an emergency. Resolution 56-23 Require Elected Officials to Attend Courses WHEREAS, the Mayor and Council of the Borough of Franklin Lakes are desirous of implementing a policy which will require members of the Mayor and Council to attend, if feasible, on annual basis at least one course covering the responsibilities and obligations of elected officials; 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 members of the Mayor and Council shall attend, if feasible, on an annual basis at least one course offered by the Rutgers University Center for Government Services (or a similar education provider such as the New Jersey League of Municipalities) covering the responsibilities and obligations of elected officials (for example: ethics, municipal finance, labor relations, capital planning, shared services). Respectfully submitted, it M. Rulli, Borough Clerk