Loading...
HomeMy Public PortalAbout2023-02-21 Regular Meeting Regular Meeting of the Mayor and Council February 21, 2023 A regular meeting of the Mayor and Council was held on February 21, 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, and Councilmember Lambrix. Also present were Borough Administrator Hart, Borough Attorney Smith and Borough Clerk Rulli. Councilmember Sheppard was absent. Sunshine Law Statement The Borough Clerk read the Sunshine Law Statement. Flat Salute Moment of Silent Appreciation to Our Veterans Appointments • ADA Coordinator—Anthony Hackett Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Lambrix. Mr. Hart stated the Construction Official has traditionally been responsible for ADA Compliance. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved 0 Substitute Crossing Guard—Christopher Messina Motion to make the above-mentioned appointment was made by Councilmember Kelly, seconded by Councilmember Lambrix. Mr. Hart stated that Mr. Messina is also a full time dispatcher with the Borough. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Regular Meeting of the Mayor and Council Page 2 February 21, 2023 Minutes Absent: Sheppard Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. No one from the public came forward at this time. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. Consent Agenda Resolution 75-23 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 76-23 Accept Report of Finance Committee Resolution 77-23 2022 Budget Transfers Resolution 78-23 Appoint Deputy Custodian Under the Open Public Records Act Resolution 79-23 Approve Franklin Manor Snowplowing Reimbursement Agreement Resolution 80-23 Authorize Emergency Temporary Appropriations for CY 2023 Resolution 81-23 Award Contract—Catch Basin Repair Resolution 82-23 Bergen County Trust Fund Application Resolution 83-23 Confirm Appointment of Construction Official/Building Subcode Official/Building Inspector Resolution 84-23 Facilities Use Permit—American Muslim Community of Franklin Lakes Resolution 85-23 Facilities Use Permit—Charlie Landers Foundation 7K Resolution 86-23 Facilities Use Permit—Charlie Landers Foundation Oktoberfest Fundraiser Resolution 87-23 Facilities Use Permit—Gibbs Goals Soccer Camp Resolution 88-23 Facilities Use Permit—Lions Club Carnival Resolution 89-23 Facilities Use Permit—Wyckoff Family YMCA Annual Triathlon Resolution 90-23 Facilities Use Permit—Wyckoff Family YMCA Half Marathon & 5K Resolution 91-23 Facilities Use Permit—X-Treme LAX Factory 2023 Lacrosse Camp Resolution 92-23 Grievance Procedure under the Americans with Disabilities Act Resolution 93-23 Refund Duplicate Tax Payment Resolution read and introduced by Councilmember Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Regular Meeting of the Mayor and Council Page 3 February 21, 2023 Minutes Motion Approved Resolutions Resolution 94-23 Award Contract—Electrical Service Upgrade at Borough Hall WHEREAS, bids for upgrading the electrical service at Borough Hall in connection with the replacement of the HVAC system were opened and read aloud on February 14, 2023; and, WHEREAS, bids were received from nine contractors; and, WHEREAS, LAN Associates, the Borough's consulting engineer, that the bid for upgrading the electrical service at Borough Hall be awarded to the contractor that submitted the lowest cost proposal, Vanore Electric, Inc., 238 High Street, Hackensack, New Jersey 07601, for the bid amount of$101,375.00; NOW THEREFORE,BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, and State of New Jersey that the recommendation of LAN Associates is approved and the contract for upgrading the electrical service at Borough Hall be and is hereby awarded to Vanore Electric, Inc., for the bid amount of$101,375.00; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: American Rescue Plan Act Account Number: G-02-41-764-000 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Vanore Electric, Inc., and LAN Associates. Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Bonagura. Mr. Hart stated the electrical work is the first step to replace the HVAC. Venore Electric is the former Electrical Subcode Official. Following questions raised on the bid, the Borough Attorney reviewed and found it to be compliant. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Regular Meeting of the Mayor and Council Page 4 February 21, 2023 Minutes Action on Minutes The Borough Clerk stated the Reorganization Meeting minutes of January 3, 2023 incorrectly stated that Councilmember Lambrix made the nomination for Council President; it was Councilmember Ansh. Motion to accept the following minutes as amended and corrected was made by Councilmember Kelly, and seconded by Councilmember Ansh: January 3, 2023 Sine Die (December 20, 2022 Recessed) January 3, 2023 Reorganization January 3, 2023 Work Session January 11, 2023 Special January 11, 2023 Closed January 17, 2023 Regular January 17, 2023 Closed January 23, 2023 Special Joint Meeting with Planning Board January 31, 2023 Special January 31, 2023 Closed Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Old Business None New Business Mr. Hart spoke about exploring a shared service agreement with Oakland and Wyckoff for collecting solid waste and recycling which would require applying for a special grant for shared services for the proposal. Mr. Hart stated approval is not required and he wanted to make everyone aware of the early March deadline. Mayor Kahwaty agreed and spoke about a Northwest Bergen County Mayors meeting and Mr. Tedesco where all of the mayors complained about garbage. Mr. Tedesco suggested towns do it alone or as shared services. Mr. Hart stated he is looking to potentially expand beyond three towns. The Council was in agreement about exploring options. Councilmember Ansh mentioned that one town's garbage costs went up 600%. Regular Meeting of the Mayor and Council Page S February 21, 2023 Minutes Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1901 for Introduction, and direct the Borough Clerk to read by title was made by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. The Borough Clerk read the Ordinance by title only. ORDINANCE NO. 1901 AN ORDINANCE AUTHORIZING AND PROVIDING FOR VARIOUS IMPROVEMENTS AND APPROPRIATING $380,000 FOR SAID IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY WHEREAS, Ordinance 1901 was introduced at a meeting of the Mayor and Council held on the 21" day of February, 2023; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance 1901 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1901 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 21" day of March, 2023, at 7:30 p.m. in the evening or as soon thereafter as the matter can be reached in the Council Chambers at Borough Hall, 480 DeKorte Drive, Franklin Lakes, New Jersey, at which time and place all persons who may be interested will be given an opportunity to be heard regarding Ordinance 1901; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Resolution read and introduced by Councilmember Lambrix, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved 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 21, 2023 Regular Meeting of the Mayor and Council Page 6 February 21, 2023 Minutes which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: • Anticipated Litigation: Proposed Cigna Development • Pending Litigation: Settlement of Tax Appeal— 193 Woodside Avenue 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 7:44 PM by Councilmember Bonagura, seconded by Councilmember Lambrix. On voice vote, all in favor. The Mayor and Council returned to open session at 8:38 PM. Adiournment Motion to adjourn the meeting was made at 8:38 PM by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. Resolution 76-23 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 77-23 2022 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 620 To Police Department OE 620 620 620 Regular Meeting of the Mayor and Council Page 7 February 21, 2023 Minutes Resolution 78-23 Appoint Deputy Custodian Under the Open Public Records Act WHEREAS,the Open Public Records Act("OPRA")pursuant to N.J.S.A. 47:1A-1 et seq. allows for public access to certain government records; and, WHEREAS, N.J.S.A. 47:1A-1.1 defines the Custodian of Records to mean the Municipal Clerk; and, WHEREAS, OPRA allows the Municipal Clerk to delegate certain individuals as deputy custodians to assist in the prompt response to requests; and, WHEREAS, the Borough's past practice was to have the Police Department Records Custodian respond to OPRA requests as needed; and, WHEREAS, the Governing Body now desires to formally recognize the Police Department Records Custodian, Ariane Hertenstein, as a designee who will serve as deputy custodian under OPRA; NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Police Department Records Custodian, Ariane Hertenstein, shall now be formally recognized as a deputy for the purpose of responding to OPRA requests. Resolution 79-23 Approve Franklin Manor Snowplowing Reimbursement 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 Franklin Manor Properties, LLC for payments in lieu of municipal services for the 2022-2023 season. Resolution 80-23 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 $129,940.00; 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: Regular Meeting of the Mayor and Council Page 8 February 21, 2023 Minutes Municipal Clerk 2,000.00 Planning Board 1,000.00 Plumbing Inspector 4,000.00 Municipal Court 1,000.00 Other Expenses: Health Benefits Waiver 20,900.00 Finance Administration 4,000.00 Environmental Commission 200.00 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 81-23 Award Contract—Catch Basin Repair WHEREAS,the Superintendent of Public Works solicited three proposals for the repair of a catch basin adjacent to 9 Penobscott Road in the Borough of Franklin Lakes; and, WHEREAS, the Mayor and Council wish to award this contract to the contractor that submitted the most advantageous proposal, price and other factors considered; and, WHEREAS, the Superintendent of Public Works recommends that the contract for the repair of the catch basin be awarded to RFC Excavating & Landscape Construction, 74 Ethel Avenue, Hawthorne, New Jersey 07506, for the proposal amount of$7,440.00; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the recommendation of the Superintendent of Public Works is hereby approved and the contract for the repair of a catch basin adjacent to 9 Penobscott Road is hereby awarded to RFC Excavating & Landscape Construction, for the proposal amount of$7,440.00; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: Road Repairs and Maintenance/Road Repair Materials Account Number: 3-01-26-290-160 Certification of Funds: William G. Pike, Chief Financial Officer Regular Meeting of the Mayor and Council Page 9 February 21, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to RFC Excavating & Landscape Construction and the Superintendent of Public Works. Resolution 82-23 Bergen County Trust Fund Application BE IT RESOLVED, that the Mayor and Council of the Borough of Franklin Lakes wish to enter into a Bergen County Trust Fund Project Contract("Contract") with the County of Bergen for the purpose of using a$127,995.00 matching grant award from the 2022 Funding Round of the Bergen County Open Space, Recreation, Floodplain Protection, Farmland & Historic Preservation Trust Fund ("Trust Fund") for the municipal park project entitled Municipal Field Playground: Custom Playground with Accessible Ramps located in Franklin Lakes, Block 2547.01 Lot 3 on the tax maps of the Borough of Franklin Lakes; and, BE IT FURTHER RESOLVED, that the Mayor and Council hereby authorize the Borough Administrator Gregory C. Hart to be a signatory to the aforesaid Contract; and, BE IT FURTHER RESOLVED, that the Mayor and Council hereby acknowledge that, in general, the use of this Trust Fund grant towards this approved park project must be completed by or about December 14, 2024; and, BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant be disbursed to the municipality as a reimbursement upon submittal of certified Trust Fund payment and project completion documents and municipal vouchers, invoices, proofs of payment, other such documents as may be required by the County in accordance with the Trust Fund's requirements; and, BE IT FURTHER RESOLVED, that the Mayor and Council acknowledge that the grant disbursement to the municipality will be equivalent to fifty(50)percent of the eligible construction costs incurred (not to exceed total grant award) applied towards only the approved park improvements identified in the aforesaid Contract in accordance with the Trust Fund's requirements. Professional Services Costs may be reimbursed from grant award's unexpended balance, should there be a balance. Resolution 83-23 Confirm Appointment of Construction Official/Building Subcode Official/Building Inspector BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen,that Anthony Hackett is hereby appointed to the position of Construction Official/Building Subcode Official/Building Inspector for the Borough of Franklin Lakes for a four year term from February 7, 2023 through February 6, 2027; and, BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to Anthony Hackett. Resolution 84-23 Facilities Use Permit—American Muslim Community of Franklin Lakes Regular Meeting of the Mayor and Council Page 10 February 21, 2023 Minutes WHEREAS, the American Muslim Community of Franklin Lakes has requested the use of the Borough Hall main entrance and front lawn for its Ramadan Lighting Ceremony to be held from 5:00 PM to 8:00 PM on Monday, March 27, 2023, with a rain date of March 28, 2023; and requested a waiver of the requirement for the certificate of insurance; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 American Muslim Community of Franklin Lakes is hereby granted permission to use Borough facilities, Borough Hall main entrance and front lawn for its Ramadan Lighting Ceremony to be held 5:00 PM to 8:00 PM on Monday, March 27, 2023, with a rain date of March 28, 2023, and granted a waiver of the requirement for the certificate of insurance, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the American Muslim Community of Franklin Lakes and the Community Director. Resolution 85-23 Facilities Use Permit—Charlie Landers Foundation 7K WHEREAS, the Charlie Landers Foundation has requested the use of the Pulis and Municipal Field for its 7K Wellness Run/Walk to be held from 7:00 a.m. to 8:00 a.m.; and 7:00 p.m. to 8:00 p.m. on July 7, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Charlie Landers Foundation is hereby granted permission to use Borough facilities,Pulis and Municipal Field, for its 7K Wellness Run/Walk to be held from 7:00 a.m. to 8:00 a.m.; and 7:00 p.m. to 8:00 p.m. on July 7, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Charlie Landers Foundation and the Community Director. Resolution 86-23 Facilities Use Permit—Charlie Landers Foundation Octoberfest WHEREAS, the Charlie Landers Foundation has requested the use of the McBride Field for its Oktoberfest Fundraiser to be held from 6:00 a.m. to 11:00 p.m. on October 14, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; Regular Meeting of the Mayor and Council Page 11 February 21, 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 Charlie Landers Foundation is hereby granted permission to use Borough facilities, McBride Field, for its Oktoberfest Fundraiser to be held from 6:00 a.m. to 11:00 p.m. on October 14, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Charlie Landers Foundation and the Community Director. Resolution 87-23 Facilities Use Permit—Gibbs Goals WHEREAS, Gibbs Goals has requested the Pulis Avenue Field for its Soccer Camp to be held from 8:45 a.m. to 3:15 p.m. July 24, 2023 through July 28, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Gibbs Goals is hereby granted permission to use Borough facilities, Pulis Avenue Field, for its Soccer Camp to be held from 8:45 a.m. to 3:15 p.m. July 24, 2023 through July 28, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Gibbs Goals and the Community Director. Resolution 88-23 Facilities Use Permit—Lions Club of Franklin Lakes and Wyckoff WHEREAS, the Lions Club of Franklin Lakes and Wyckoff has requested the use of Parsons Pond Park for its Carnival to be held Wednesday, May 17, 2023 through Friday, May 19, 2023, from 6:00 p.m. to 9:30 p.m.; Saturday, May 20, 2023 from 3:00 p.m. to 10:00 p.m.; and Sunday, May 21, 2023 from 3:00 p.m. to 8:00 p.m.; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Lions Club of Franklin Lakes and Wyckoff is hereby granted permission to use Borough facilities, Parsons Pond Park, for its Carnival to be held to be held Wednesday, May 17, 2023 through Friday, May 19, 2023, from 6:00 p.m. to 9:30 p.m.; Saturday, May 20, 2023 from 3:00 p.m. to 10:00 p.m.; and Sunday, May 21, 2023 from 3:00 p.m.to 8:00 p.m., subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Lions Club of Franklin Lakes and Wyckoff and the Community Director. Regular Meeting of the Mayor and Council Page 12 February 21, 2023 Minutes Resolution 89-23 Facilities Use Permit—Wyckoff Family YMCA Triathlon WHEREAS, the Wyckoff Family YMCA has requested the use of McBride Field for its Annual Triathlon to be held from 4:30 a.m. to 12:00 p.m., on June 17, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Wyckoff Family YMCA is hereby granted permission to use Borough facilities, McBride Field, for its Annual Triathlon to be held from 4:30 a.m. to 12:00 p.m., June 17, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Wyckoff Family YMCA and the Community Director. Resolution 90-23 Facilities Use Permit—Wyckoff Family YMCA Half Marathon/5K WHEREAS, the Wyckoff Family YMCA has requested the Pulis Avenue Field for its Half Marathon/5K to be held from 6:00 a.m. to 12:00 p.m. on October 1, 2023; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 Wyckoff Family YMCA is hereby granted permission to use Borough facilities, Pulis Avenue Field, for its Half Marathon/5K to be held from 6:00 a.m. to 12:00 p.m. on October 1, 2023, subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Wyckoff Family YMCA and the Community Director. Resolution 91-23 Facilities Use Permit—The X-Treme LAX Factory WHEREAS,the X-Treme LAX Factory has requested the Pulis Field for its 2023 Lacrosse Camp to be held July 10, 2023 through July 14, 2023, from 9:00 a.m. to 3:00 p.m.; and, WHEREAS, the Mayor and Council are satisfied that the proposal for use of Borough facilities meets the requirements of the Borough's field use ordinance; 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 X-Treme LAX Factory is hereby granted permission to use Borough facilities, Pulis Field, for its 2023 Lacrosse Camp to be held July 10, 2023 through July 14, 2023, from 9:00 a.m. to 3:00 p.m., subject to compliance with all other Borough ordinance requirements as determined by the Community Director; and, Regular Meeting of the Mayor and Council Page 13 February 21, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the X-Treme LAX Factory and the Community Director. Resolution 92-23 Grievance Procedure under the Americans with Disabilities Act BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey,that the following Grievance Procedure under the Americans with Disabilities Act be and is hereby approved and adopted: BOROUGH OF FRANKLIN LAKES GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the Borough of Franklin Lakes ("the Borough"). The Borough's Personnel Policies and Procedures Manual governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Borough's ADA Coordinator Anthony Hackett 480 DeKorte Drive, Franklin Lakes, New Jersey 07417 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the Borough and offer options for substantive resolution of the complaint. If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Borough Administrator or his/her designee. Within 15 calendar days after receipt of the appeal,the Borough Administrator or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Borough Administrator or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. Regular Meeting of the Mayor and Council Page 14 February 21, 2023 Minutes All written complaints received by the ADA Coordinator or his designee, appeals to the Borough Administrator or his/her designee, and responses from these two offices will be retained by the Borough for at least three years. BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Borough's ADA Coordinator. Resolution 93-23 Refund Duplicate Tax Payment— WHEREAS, Lereta LLC, the mortgage company, made a payment for the first quarter 2023 property taxes for the owner also known as , Franklin Lakes; and, WHEREAS the owner of the above property was granted 100%tax exemption status by the Tax Assessor; and, WHEREAS, the lender, Lereta LLC, made a payment in error and is seeking a refund for the payment made in error; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that the Chief Financial Officer is hereby authorized and directed to issue a check for the following amounts, to be charged to Tax Overpayments Refunded: Block Lot Address Refund Duplicate Payment $ 1,644.00 Check made payable to: Lereta LLC Attn: Central Refunds Department 901 Corporate Center Dr. Pomona, CA 91768 Resolution 94-23 Award Contract—Electrical Service Upgrade at Borough Hall WHEREAS, bids for upgrading the electrical service at Borough Hall in connection with the replacement of the HVAC system were opened and read aloud on February 14, 2023; and, WHEREAS, bids were received from nine contractors; and, WHEREAS, LAN Associates, the Borough's consulting engineer, that the bid for upgrading the electrical service at Borough Hall be awarded to the contractor that submitted the lowest cost proposal, Vanore Electric, Inc., 238 High Street, Hackensack, New Jersey 07601, for the bid amount of$101,375.00; Regular Meeting of the Mayor and Council Page 15 February 21, 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 LAN Associates is approved and the contract for upgrading the electrical service at Borough Hall be and is hereby awarded to Vanore Electric, Inc., for the bid amount of$101,375.00; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: American Rescue Plan Act Account Number: G-02-41-764-000 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Vanore Electric, Inc., and LAN Associates. Respectfully submitted, ai M. Rulli, Borough Clerk