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HomeMy Public PortalAbout2023-02-07 Work Session Minutes Special/Work Session of the Mayor and Council February 7, 2023 A Special/Work meeting of the Mayor and Council was held on February 7, 2023 at 7:30 PM in the Municipal Building. Meeting Called to Order Roll Call The following Council Members and Professional Staff responded to the roll call: Mayor Kahwaty, Councilmember Ansh, Councilmember Bonagura (via teleconferencing), Councilmember Cardenas, Councilmember Kelly, Councilmember Lambrix, Councilmember Sheppard, Borough Administrator Hart, and Borough Attorney Smith. Also present was Borough Clerk Rulli. Sunshine Law Statement: The Borough Clerk read the Sunshine Law Statement. Flat Salute Moment of Silent Appreciation to Our Veterans Proclamations Mayor Kahwaty read the following proclamations: HONORING FRANK GIARDELLA 50 YEARS OF SERVICE ON THE FRANKLIN LAKES FIRE DEPARTMENT WHEREAS, Frank Giardella joined the Franklin Lakes Fire Department in April 1972, over 50 years ago; and, WHEREAS, Frank is a past President of the Fire Company; and, WHEREAS, Frank is commended for his extraordinary volunteer service to the Franklin Lakes community; NOW THEREFORE, I, 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 Frank Giardella for donating his invaluable service, time and efforts to his fellow citizens for over 50 years. IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 4fh day of February, 2023. Regular Meeting of the Mayor and Council Page 2 February 7, 2023 Minutes HONORING JIM WEBB 50 YEARS OF SERVICE ON THE FRANKLIN LAKES FIRE DEPARTMENT WHEREAS,Jim Webb joined the Franklin Lakes Fire Department in May 1972, over 50 years ago; and, WHEREAS,Jim served as Fire Chief from 1982 to 1984 and as President of the Fire Company for over 25 years; and WHEREAS, Jim is commended for his extraordinary volunteer service to the Franklin Lakes community; NOW THEREFORE, I, 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 Jim Webb for donating his invaluable service, time and efforts to his fellow citizens for over 50 years. IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 41h day of February, 2023. Appointments Construction Official/Building Subcode Official/Building Inspector— Anthony Hackett(4 Year Appointment) Mr. Hart made a brief statement about Mr. Hackett joining the Building Department. Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Ansh. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved • DPW Maintenance Worker—Richard Paddock Mr. Hart stated that Richard Paddock is well qualified, has a CDL, and has already started. Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Lambrix. Regular Meeting of the Mayor and Council Page 3 February 7, 2023 Minutes Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved • Planning Board Member—Bala Sivakumar - Unexpired term expiring 12/31/2025 Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Lambrix. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Mayor Kahwaty swore in Mr. Sivakumar. • Planning Board Member—Frank Conte—Unexpired term expiring 12/31/2023 Motion to make the above-mentioned appointment was made by Councilmember Sheppard, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved • Planning Board Alternate 2—Anthony DeLorenzo—Unexpired term expiring 12/31/2024 Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Ansh. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Absent: Motion Approved Regular Meeting of the Mayor and Council Page 4 February 7, 2023 Minutes Time for Public Comment Motion to open the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Georgina Scattergood, 395 Crescent Drive, stated she is seeking remediation for a water issue. She presented photos of deterioration which has caused flooding in her basement and in her neighbors' basements and commented that it flooded as recently as two weeks ago. Mr. Boswell addressed Ms. Scattergood stating he would take another look at the site and the drainage and report back to Mr. Hart. Mr. Boswell asked a few questions to clarify. Councilmember Sheppard spoke about the NJMUL variance at 245 Terrace, where there is additional construction proposed that may also affect runoff. Mayor Kahwaty thanked everyone and stated there would be follow up. Donna Robinson, 896 Franklin Avenue, stated there was a Shade Tree issue with some properties in that immediate area. The large number of trees removed may be a contributing factor to the ground water issue. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Engineers Report • Mountain Avenue/Sneider Lane Guide rail Mr. Boswell spoke about FEMA funds. FEMA will not fund a guide rail but if a culvert is done then the guide rail is required. Mayor Kahwaty clarified what would be paid by FEMA; Councilmember Sheppard inquired about utility poles and levels of standards. Discussion continued on expanding funds for more money to propose a tail water study. Mr. Hart stated the FEMA funds are storm damage money for specific sites. He recommended contacting Frank Rossi regarding available grants. Old Mill Road Culvert was discussed. There is a grant for $157,000 to pave a portion of road near Arbor towards the railroad. Mr. Hart stated we can apply for additional money to continue with other roads on the list. Councilmember Lambrix asked if the decision was to go forward with guide rail. Mr. Boswell stated the culvert cannot be done without it. Mr. Boswell discussed pipes being replaced and issues if the Borough doesn't replace them. Mr. Hart to send a letter to residents alerting them that the project will be moving forward. Regular Meeting of the Mayor and Council Page S February 7, 2023 Minutes Consent Agenda Resolution 67-23 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 68-23 Accept Report of Finance Committee Resolution 69-23 Approve Agreement with AFSCME Local 2274B Resolution 70-23 Approve Mountain Shadows Snowplowing Reimbursement Agreement Resolution 71-23 Authorize Emergency Temporary Appropriations - Sewer Utility Resolution 72-24 Authorize Emergency Temporary Appropriations for CY 2023 Resolution 73-23 Authorize Purchases from the Bergen County Cooperative Pricing System Vendors Resolution 74-23 Budget Transfers Resolution read and introduced by Councilmember Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix, Sheppard Nays: Abstain: Bonagura—Resolution 71-23, Authorize Emergency Temporary Appropriations - Sewer Utility Absent: Motion Approved Mayors Report Mayor Kahwaty stated he is beginning interviews with department heads for feedback. He noted he has been preoccupied with the Parsons Pond Park project. Mr. Hart reported meeting about McCoy Place with Captain McCombs regarding issues with disruptive tenants. At this time the Director of Operations and Social Services/Property Manager of McCoy Place came forward and stated they understand the importance of being a good member of the community and are currently in the interview process for staffing, described the responsibilities of the future staff members, and what is currently being done to maintain the day to day workings. Committee/Liaison Reports Parks and Recreation Councilmember Ansh spoke about new batting cages and new signs on trails and fields. Councilmember Kelly mentioned the competitive cheering squad competition and inquired if a Proclamation can be presented. Regular Meeting of the Mayor and Council Page 6 February 7, 2023 Minutes Councilmember Sheppard mentioned the purchase of batting cages. • Facilities Use Requests • American Muslim Community of Franklin Lakes • Charlie Landers Foundation 7K • Charlie Landers Foundation Octoberfest Fundraiser • Gibbs Goals Soccer Camp • Lions Club Carnival • Wyckoff Family YMCA Annual Triathlon • Wyckoff Family YMCA Half Marathon & 5K • X-Treme LAX Factory 2023 Lacrosse Camp Mayor Kahwaty inquired about insurance requirements for the facilities use requests. Mr. Hart responded the first one requested that the insurance requirements be waived. He stated this is decided on a case by case basis and also depends on recommendation of the Risk Manager. There being no objections, the requests will be placed on the next agenda. Environmental & Community Affairs/Library Councilmember Cardenas stated that the Environmental Commission discussed Freon disposal for the AC units on Cigna property; Spring Clean Up is scheduled for May 6. Locations include McBride Field, the Tennis Courts, and the Nature Preserve. Discussion held on the removal of the AC units, requirements by DEP, asbestos and other items. Mr. Smith stated that all demolition is strictly controlled. Councilmember Cardenas reported the Board of Health met on January 9 and approved a new Tyco agreement, and Valley Hospital Well Child Care. Dr. Cucci will be presenting `Straighten Up America'. The Shade Tree Commission rescheduled their meeting. The Board of Education swore in four new board members. Every committee met in January; she met with Library Board who mentioned an end of the year surplus and wants to move forward with renovations. The Library Director resigned but she made productive changes while she was here. Mr. Leone has a few prospective candidates. At this time, Mayor Kahwaty asked Ms. Lilienthal to speak about property maintenance issue with leaves. Ms. Lilienthal reported that Mr. O'Mealy has made accusations about an overabundance of leaves in his neighbor's yard, citing a 24 inch pile in the side yard. Public Works Superintendent Lilienthal measured it to be only 9" deep. Ms. Lilienthal doesn't feel leaf pile is egregious. Mr. Hart clarified that Mr. O'Mealy is asking the Mayor and Council to amend the ordinance to clarify what a violation of the ordinance is. Ms. Lilienthal discussed the interpretation of the ordinance with Mr. Hart and Mr. Smith. Mr. Smith stated it is not a compost heap or pile;therefore, these leaves are not a violation of the ordinance. Mr. Michael Feniello, 318 Lenapi Drive, spoke about the leaves and their environmental effect. Regular Meeting of the Mayor and Council Page 7 February 7, 2023 Minutes Public Safety • Purchase New Ambulance Council President Bonagura asked about the possibility of billing for ambulance services. Mr. Hart stated that was a topic at the Administrators' meeting and it's possible that this can only be done in the case of a paid Corps, and noted this topic is separate from the purchase of the new ambulance. Mr. Hart spoke about history and the plan for expending money Ambulance Corps had invested. Mr. Hart described potential renovations at Ambulance Corps building, as the former Mayor and Council agreed if fit within the capital budget. All were in agreement on the need for a new ambulance. Councilmember Lambrix noted it may take 18-24 months. Mr. Hart stated funds need to be appropriated, which is part of budget process and stated subject to review, he would like to introduce a capital ordinance for funding the purchase of a new ambulance at the February 21, 2023 meeting. He stated the next budget meeting is at 9:00 AM tomorrow and he hopes to complete the budget committee meetings next week, and have 2-3 follow up meetings with the Mayor and Council to discuss the operating budget and the capital budget. Planning and Development • Ackerman Street Sidewalk Request • McCoy Place • Property Maintenance—Leaves Mr. Hart outlined the previous Ackerman Street sidewalk plan where we had grant funds and needed to acquire minor easements to complete the sidewalk. At the time, there was reluctance from the Mayor and Council to do this portion of sidewalk and they gave up the funding for the project. Mr. Hart discussed reducing the speed on a County road, and noted that there are budget discussions for sidewalks in certain areas that need work or replacement. Councilmember Lambrix encouraged Councilmembers to look at the area before deciding. Councilmember Sheppard spoke about the walkability of the town and noted there are some areas that need sidewalks and others where the road is narrow and the residents are against them. Mayor Kahwaty directed Mr. Hart to respond to requestor with issues raised and advise that we are not currently considering this project. Administration and Finance Councilmember Lambrix stated that the first budget meeting is tomorrow. • Hiring Processes Mr. Hart reported that Council President Bonagura raised the issue of hiring processes last year, particularly in relation to the police hiring process. Mr. Hart outlined the current process with Police Department, the sense of urgency around hiring, and discussed the alternate route candidates. Mr. Hart stated he supports Council President Bonagura's suggestion for some Regular Meeting of the Mayor and Council Page 8 February 7, 2023 Minutes additional standards and criteria for the hiring process. Mr. Hart stated if interested the Mayor and Council should meet with the Police Department. Council President Bonagura talked about researching other towns and found that Franklin Lakes is the only town that hires without college degree. Discussion held regarding hiring, pay, education, and comparison to other departments. Discussion ensued on moving forward with new ideas with the support of Captain McCombs. No objections. Public Works Councilmember Kelly was happy to have new applicant. Borough Administrator's Report Mr. Hart had no report. Old Business None New Business None Resolution For Closed Session BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that a Closed Meeting be held on Tuesday, February 7, 2023 which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the following: • Anticipated Litigation—Cigna Property Development BE IT FURTHER RESOLVED that the discussion conducted in closed session shall be disclosed to the public once the matter involving the confidentiality of the above no longer requires that confidentiality, then the minutes can be made public. NOW, THEREFORE BE IT RESOLVED, that the public be excluded from this meeting. Motion to go into Closed Session was made at 9:20 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 10:17 PM. Adiournment Motion to adjourn the meeting was made at 10:17 PM by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 9 February 7, 2023 Minutes Resolution 68-23 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 $257,148.00 as shown on the Claims Bill List; $4,495.20 as shown on the Soil Account Bill List; and $1,725.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED, that the payroll of February 16, 2023 in the amount of $255,643.11 be hereby ratified and approved. Resolution 69-23 Approve Agreement with AFSCME Local 2274B WHEREAS,the Borough of Franklin Lakes and American Federation of State,County,Municipal Employees, AFL-CIO Local 2274B ("AFSCME")have reached an agreement on a new Collective Bargaining Agreement for the period from January 1, 2023 through December 31, 2025; 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 Agreement between the Borough of Franklin Lakes and AFSCME is hereby approved; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to AFSCME. Resolution 70-23 Approve Mountain Shadows Agreement BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Mayor and Borough Clerk are hereby authorized to sign an agreement with Mountain Shadows Condominiums for payments in lieu of municipal services for the 2022-2023 season. Resolution 71-23 Authorize Emergency Temporary Appropriations for CY 2023 —Sewer Utility WHEREAS, the CY 2023 Sewer Utility budget has not been adopted, and adequate provisions could not be made in the CY 2023 Sewer Utility temporary budget to provide necessary funding for certain ongoing operations of the Borough of Franklin Lakes; and WHEREAS,N.J.S.A. 40A:4-20 provides for the creation of emergency temporary appropriations for the aforementioned purpose; and WHEREAS,the total emergency temporary resolutions adopted in CY 2023 pursuant to the provisions of N.J.S.A. 40A:4-20 including this resolution totals $7,400.00; NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen,New Jersey, that in accordance with provisions of N.J.S.A. 40A:4-20: 1. That emergency temporary appropriations be and the same are hereby made for: Regular Meeting of the Mayor and Council Page 10 February 7, 2023 Minutes Other Expenses: Sewer Expense Fund- Service Charges 7,400.00 2. That said emergency temporary appropriations be provided for in the CY 2023 adopted budget. 3. That one certified copy of this resolution be filed with the Director of Local Government Services. Resolution 72-23 Authorize Emergency Temporary Appropriations for CY 2023 WHEREAS,the CY 2023 budget has not been adopted, and adequate provisions could not be made in the CY 2023 temporary budget to provide necessary funding for certain ongoing operations of the Borough of Franklin Lakes; and, WHEREAS,N.J.S.A. 40AA-20 provides for the creation of emergency temporary appropriations for the aforementioned purpose; and, WHEREAS,the total emergency temporary resolutions adopted in CY 2023 pursuant to the provisions of N.J.S.A. 40AA-20 including this resolution totals $96,840.00; NOW,THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen,New Jersey, that in accordance with provisions of N.J.S.A. 40AA-20: 1. That emergency temporary appropriations be and the same are hereby made for: Salaries & Wages: Municipal Clerk 4,000.00 Finance Admin. 4,000.00 Tax Assessor 1,000.00 Engineering 2,000.00 Planning Board 1,000.00 Zoning Board 1,000.00 Electrical Inspector 4,000.00 Plumbing Inspector 2,500.00 Police 45,000.00 Board of Health 500.00 Recreation 4,000.00 Other Expenses: DCRP Employer Contrib. 1,000.00 2. That said emergency temporary appropriations be provided for in the CY 2023 adopted budget. 3. That one certified copy of this resolution be filed with the Director of Local Government Services. Regular Meeting of the Mayor and Council Page 11 February 7, 2023 Minutes Resolution 73-23 Authorize Purchases from the Bergen County Cooperative Pricing System Vendors WHEREAS, the Borough of Franklin Lakes, pursuant to N.J.S.A. 40A:11-11(5) and N.J.A.C. 5:34-7.1, et seq., may by resolution and without advertising for bids,purchase any good or services under the Bergen County Cooperative Pricing System, of which the Borough is a member; and, WHEREAS, the Borough of Franklin Lakes is a member of the Bergen County Cooperative Pricing System and has the need on a timely basis to purchase goods or services using those contracts; and, WHEREAS, the Borough of Franklin Lakes intends to enter into contracts with the following County contract vendors through this resolution and properly executed purchase orders as needed, which shall be subject to all the conditions applicable to current County contracts: Subject—Gasoline Subject—Diesel Fuel County Contract No. 20-29 County Contract No. 20-29 Vendor—Rachles/Michele's Oil Co. Inc. Vendor—Rachles/Michele's Oil Co. Inc. Contract expiration—March 2, 2024 Contract expiration—March 2, 2024 Subject—Rock Salt County Contract No. 21-56 Vendor—Atlantic Salt, Inc. Contract expiration—September 30, 2023 NOW THEREFORE, BE IT RESOLVED that the Mayor and Council of the Borough of Franklin Lakes and County of Bergen, authorizes the purchase of certain goods and services from those approved Bergen County Cooperative Pricing System vendors as set forth hereinabove, pursuant to all of the conditions of the individual County contracts; and, BE IT FURTHER RESOLVED that,pursuant to N.J.S.A. 5:30-5.5(b),the certification of funds shall be certified at such time as the goods or services are called for prior to placing the order, and a certification of availability of funds is made by the Chief Financial Officer via an authorized purchase order; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Superintendent of Public Works and the Chief Financial Officer. Resolution 74-23 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 Road Repair & Maintenance S&W 7,565 Regular Meeting of the Mayor and Council Page 12 February 7, 2023 Minutes To Medicare Reimbursement 1,600 Police Department OE 715 Buildings & Grounds 5,000 Board of Health OE 250 7,565 7,565 Respectfully submitted, . -)� . cla�. 1 M. Rulli, Borough Clerk