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HomeMy Public PortalAbout2023-03-21 Regular Meeting Minutes Regular Meeting of the Mayor and Council March 21, 2023 A regular meeting of the Mayor and Council was held on March 21, 2023, at 7:30 PM in the Council Chambers 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, Council President Bonagura (via teleconferencing), Councilmember Cardenas, Councilmember Kelly, and Councilmember Lambrix. Also present were Borough Administrator Hart, Borough Attorney Smith and Deputy Borough Clerk DiRenza- Luberto. Councilmember Sheppard was absent. Sunshine Law Statement: The Deputy Borough Clerk read the Sunshine Law Statement. Flat Salute Moment of Silent Appreciation to Our Veterans Proclamation HONORING FRANKLIN LAKES WAR EAGLES COMPETITION CHEER SQUAD WHEREAS, the Borough of Franklin Lakes is extremely proud of the War Eagles Competition Cheer squad; and, WHEREAS, the Franklin Lakes War Eagles Competition Cheer squad completed the season with a first place finish in their division at the CER Wildcats Competition, and the highest overall score, earning the honor of Grand Champions of the competition; and, WHEREAS, the highlights of the Franklin Lakes War Eagles Competition Cheer squad included: • Ramapo High School Cheer Competition - First Place Wayne Valley Competition - Second Place • Lyndhurst Competition - Second Place CER Wildcats Competition, East Rutherford - First Place and Grand Champions WHEREAS,Head Coach Suzanne Martin, Assistant Coaches Izzy Login and Gionna Maffei, and the War Eagles Competition Cheer squad players are to be commended for their exceptional accomplishments; NOW THEREFORE, I, Charles J. X. Kahwaty, Mayor of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, on behalf of the Mayor and Council and our residents, Regular Meeting of the Mayor and Council Page 2 March 21, 2023 Minutes do hereby honor and congratulate Head Coach Suzanne Martin, the Assistant Coaches and the players on the War Eagles Competition Cheer squad for a tremendous competition cheer season; IN WITNESS HEREOF, I have hereunto set my Hand and caused the Seal of the Borough of Franklin Lakes to be affixed this 211h day of March, 2023. Appointments • Acting Construction Official—Leo Belgiovine • Acting Building Subcode Official —Darius Pokoj • Construction Official/Building Subcode Official/Building Inspector— Garrett Goodman (effective as of starting work day which is to be determined) • Sanitary Engineer—Martin Spence (effective June 1, 2023) • Volunteer Fire Department Probationary Member—Stefano A. Galasso Motion to make the above-mentioned appointments was made by Councilmember Kelly, seconded by Councilmember Cardenas. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Ordinances for Final Reading and Adoption Motion made by Councilmember Lambrix to take up Ordinance 1901 for consideration of adoption on second and final reading, and direct the Deputy Borough Clerk to read by title, seconded by Councilmember Kelly. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES 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 and duly published by law; Regular Meeting of the Mayor and Council Page 3 March 21, 2023 Minutes NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen, State of New Jersey, that Ordinance No. 1901 be and the same is hereby adopted on second and final reading; and, BE IT FINALLY RESOLVED that the Borough Clerk is hereby authorized and directed to publish the Notice of Adoption as required by Law. Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. No one from the public came forward at this time. Motion to close the hearing to the public was made by Councilmember Kelly, seconded by Councilmember Lambrix. On voice vote, all in favor. 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 Time for Public Comment Motion to open the time for public comment was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. Ari Donio, 501 Kings Point Trail, stated that the Council should consider the appearance of so many closed sessions. The general public becomes edgy and frustrated at the lack of information. Mr. Donio made some suggestions as to how the Borough can raise money to purchase land. Mayor Kahwaty responded to Mr. Donio, stating the closed sessions are necessary to discuss certain issues and are kept private to protect negotiations. Information will be coming out shortly. Michael Colombo, 45 Blue Hill Terrace, stated he has been heavily involved in environmental issues for many years and he discussed multiple concerns with deconstruction of certain buildings and the safety of the materials used to build them. He clarified that there are certain procedures that are quite expensive that are required to do these projects safely and suggests that the Borough obtain an outside firm to oversee that the proper safety procedures are carried out. Mayor Kahwaty thanked Mr. Colombo for his suggestions. Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. Regular Meeting of the Mayor and Council Page 4 March 21, 2023 Minutes Consent Agenda Resolution 101-23 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 102-23 Accept Report of Finance Committee Resolution 103-23 Agreement with Northwest Bergen Regional Health Commission (effective 6/1/2023) Resolution 104-23 Approve Use of Ambulance Corps Building—Activities Unlimited Resolution 105-23 Authorize Advertisement for Bids —2023 Road Program Resolution 106-23 Authorize Emergency Temporary Appropriations for CY 2023 Resolution 107-23 BMED Gateway Fund Grant Application Resolution 108-23 Establish a Dedicated Trust by Rider for Storm Recovery Resolution 109-23 Tax Refund— 193 Woodside Avenue Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Resolutions Resolution 110-23 Award Contract—Banking Services WHEREAS, the Chief Financial Officer solicited proposals for banking services from two local banks; and, WHEREAS,the Chief Financial Officer reviewed the proposals and recommends by memo dated March 16, 2023 that a two year contract for banking services be awarded to Columbia Bank, 19- 01 Route 208 North, Fair Lawn, New Jersey 07410, in accordance with the terms and conditions stated in its proposal dated March 10, 2023, as amended by email dated March 12, 2023, which are incorporated by reference herein; 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 Chief Financial Officer is hereby approved and a two year contract for banking services is hereby awarded to Columbia Bank in accordance with the terms and conditions stated in its proposal; and, Regular Meeting of the Mayor and Council Page S March 21, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Columbia Bank and the Chief Financial Officer. Resolution read and introduced by Councilmember Lambrix, seconded by Councilmember Kelly. Mr. Hart explained that this change in services will make a difference of $500,000 in interest payments to the benefit of the Borough. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Action on Minutes Motion to accept the following minutes was made by Councilmember Kelly, and seconded by Councilmember Ansh: • February 1, 2023 Special Joint Meeting • February 7, 2023 Work Session • February 7, 2023 Closed • February 21, 2023 Regular • February 21, 2023 Closed • February 27, 2023 Special • February 27, 2023 Closed Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Lambrix Nays: Abstain: Absent: Sheppard Motion Approved Old Business Mr. Hart recommended writing a letter of intent for the playground to lock in pricing. All were in agreement that this was a good idea and to move forward. New Business Council President Bonagura stated concerns about incorrect information being posted on the Franklin Lakes Development Facebook site and asked if the Borough can do something to get correct information out. Regular Meeting of the Mayor and Council Page 6 March 21, 2023 Minutes Mayor Kahwaty stated the Borough issues E-blasts, and feels it would be more appropriate to state the correct information there. Mr. Hart and Mr. Smith agreed that the Borough cannot engage on an online website. Donna Robinson, 896 Franklin Avenue, suggested addressing some items during the public meetings. Mr. Hart stated that he is prepared to proactively address inaccuracies at those meetings. Introduction of Ordinances on First Reading Motion to take up consideration of Ordinance 1902 for Introduction, and direct the Deputy Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1902 AN ORDINANCE RELATING TO SALARIES AND OTHER COMPENSATION OF OFFICERS, MANAGERIAL STAFF, CONFIDENTIAL EMPLOYEES, AND EMPLOYEES OF THE BOROUGH OF FRANKLIN LAKES, COUNTY OF BERGEN, STATE OF NEW JERSEY FOR THE YEAR 2023 WHEREAS, Ordinance 1902 was introduced at a meeting of the Mayor and Council held on the 21" day of March 21, 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 1902 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1902 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of April, 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 1902; and, BE IT FINALLY RESOLVED that the Deputy 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: Regular Meeting of the Mayor and Council Page 7 March 21, 2023 Minutes Absent: Sheppard Motion Approved Motion to take up consideration of Ordinance 1903 for Introduction, and direct the Deputy Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Cardenas. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1903 AN ORDINANCE AMENDING CHAPTER 247 "FEES"AND CHAPTER 259 "FIRE PREVENTION" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO ESTABLISH AND AMEND CERTAIN FEES WHEREAS, Ordinance 1903 was introduced at a meeting of the Mayor and Council held on the 21" day of March 21, 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 1903 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1903 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of April, 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 1903; and, BE IT FINALLY RESOLVED that the Deputy 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 Motion to take up consideration of Ordinance 1904 for Introduction, and direct the Deputy Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. Regular Meeting of the Mayor and Council Page 8 March 21, 2023 Minutes BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1904 AN ORDINANCE AMENDING PROVISIONS OF CHAPTER 300 "LAND USE AND DEVELOPMENT" OF THE CODE OF THE BOROUGH OF FRANKLIN LAKES TO AMEND PROVISIONS RELATING TO TREE REMOVAL AND REPLACEMENT Mr. Hart suggested waiting on Ordinance 1904 as Councilmember Sheppard is very involved and would like to be included in the discussion. Motion to carry to the next work session meeting was made by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. Motion to take up consideration of Ordinance 1905 for Introduction, and direct the Deputy Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Kelly. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1905 AN ORDINANCE AUTHORIZING AND PROVIDING FOR VARIOUS IMPROVEMENTS AND APPROPRIATING$1,085,000.00 FOR SAID IMPROVEMENTS AUTHORIZED TO BE UNDERTAKEN IN, BY AND FOR THE BOROUGH OF FRANKLIN LAKES, IN THE COUNTY OF BERGEN, NEW JERSEY WHEREAS, Ordinance 1905 was introduced at a meeting of the Mayor and Council held on the 21" day of March 21, 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 1905 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1905 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of April, 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 1905; and, BE IT FINALLY RESOLVED that the Deputy Borough Clerk is hereby authorized and directed to publish the Introduction and Notice of Hearing as required by Law. Regular Meeting of the Mayor and Council Page 9 March 21, 2023 Minutes 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 Motion to take up consideration of Ordinance 1906 for Introduction, and direct the Deputy Borough Clerk to read by title was made by Councilmember Lambrix, seconded by Councilmember Ansh. On voice vote, all in favor. The Deputy Borough Clerk read the Ordinance by title only. BOROUGH OF FRANKLIN LAKES ORDINANCE NO. 1906 CALENDAR YEAR 2023 ORDINANCE TO EXCEED THE MUNICIPAL BUDGET APPROPRIATION LIMITS AND TO ESTABLISH A CAP BANK (N.J.S.A. 40A: 4-45.14) WHEREAS, Ordinance 1906 was introduced at a meeting of the Mayor and Council held on the 21" day of March 21, 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 1906 be and the same is hereby introduced on First Reading; and, BE IT FURTHER RESOLVED that said Ordinance 1906 will be further considered for final passage at a meeting of the said Mayor and Council to be held on the 18'h day of April, 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 1906; and, BE IT FINALLY RESOLVED that the Deputy 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 Regular Meeting of the Mayor and Council Page 10 March 21, 2023 Minutes Introduction of the 2023 Municipal Budget Resolution 111-23 Introduction of 2023 Budget BE IT RESOLVED,that the following statements of Revenue and Appropriations shall constitute the local budget for the year 2023, and BE IT FURTHER RESOLVED, that the said budget be published in the March 31, 2023 issue of The Ridgewood News, together with a notice to the public that the public hearing will be held in the Municipal Building on April 18, 2023 at 7:30 PM or as soon thereafter as the matter can be reached by the Governing Body of the Borough of Franklin Lakes, and does hereby appropriate the following as the budget for year 2023: Appropriations Municipal Purposes in Cap $15,080,810.00 Municipal Purposes out Cap 4,110,099.00 Reserve for Uncollected Taxes 850,000.00 Total General Appropriations 20,040,909.00 Revenues Anticipated Revenues Other Than Current Property Taxes $ 6,211,613.00 Amount to be Raised by Taxation: Municipal Purposes $12,210,209.00 Library Tax 1,619,087.00 Total General Revenues 20,040,909.00 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, March 21, 2023 which begins at 7:30 PM, in the Council Chambers at the Municipal Building to discuss the following: 0 Attorney-Client Privilege: Cigna Property Development Regular Meeting of the Mayor and Council Page 11 March 21, 2023 Minutes 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. Resolution read by Council President Bonagura. Motion to go into Closed Session was made at 8:29 PM by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. At this time, Councilmember Sheppard joined the Closed Session via teleconferencing. The Mayor and Council returned to open session at 9:39 PM. Adiournment Motion to adjourn the meeting was made at 9:40 PM by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. Resolution 102-23 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$1,865,797.48 as shown on the Claims Bill List. BE IT FURTHER RESOLVED,that the payroll of March 16,2023 in the amount of$260,526.60 be hereby ratified and approved. Resolution 103-23 Agreement with Northwest Bergen Regional Health Commission BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey that a contract entitled "Local Public Health Services for Franklin Lakes Board of Health" between the NorthWest Bergen Regional Health Commission and the Borough for a term from June 1, 2023 to December 31, 2025, be and is hereby approved, at the following rates as set forth in the proposed form of contract: June 1, 2023 — $23,333.24 December 31, 2023 Monthly payment amounting to $3,333.32 for 7 months January 1, 2024 — $40,800 December 31, 2024 Monthly payment amounting to $3,400.00 for 12 months January 1, 2025 — $41,616.00 December 31, 2025 Monthly payment amounting to $3,468 for 12 months Regular Meeting of the Mayor and Council Page 12 March 21, 2023 Minutes BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the NorthWest Bergen Regional Health Commission and the Franklin Lakes Board of Health. Resolution 104-23 Approve Use of Ambulance Corps Building—Activities Unlimited WHEREAS,the Mayor and Council approved Resolution 04-23 allowing for the use of the OEM building meeting room by Activities Unlimited for meetings on the second Wednesday of each month during the 2023 calendar year; and, WHEREAS,the applicant now desires to use the Ambulance Corps building instead, and, WHEREAS, pursuant to Borough Code Section 356-34, the Mayor and Council may, by resolution, allow use by organizations that have less than a majority of their membership that are Franklin Lakes residents "in accordance with such terms and conditions as may be set forth in the resolution approving said use"; NOW THEREFORE, BE IT RESOLVED, that the request to use the Ambulance Corps Building on Wednesdays from 9:00 a.m. to Noon from April 2023 to December 2023 for club meetings is approved subject to the following conditions: I. the number of people in attendance will be strictly limited to no more than the number permitted by the Fire Official; 2. the applicant is responsible for clean-up of the Ambulance Corps Building after each meeting; 3. meetings shall be permitted between the hours of 9:00 a.m. and Noon at the Ambulance Corps Building on the second Wednesday of each month; 4. the applicant shall notify the Borough Clerk if it is not using the Ambulance Corps Building, as far in advance as feasible; 5. the Ambulance Corps shall have priority in the event that it needs to use the meeting room during the approved times; and, 6. having provided proof under I.R.C. § 50I(c)(3) as tax exempt, they shall be exempt from the fee. Resolution 105-23 Authorize Advertisement for Bids —2023 Road Program BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that the Borough Administrator is hereby authorized to advertise for bids for the 2023 Road Program. Regular Meeting of the Mayor and Council Page 13 March 21, 2023 Minutes Resolution 106-23 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 $2,019,655.00; 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 Prosecutor 2,000.00 Municipal Ct Public Defender 500.00 Other Expenses: Group Insurance Plan - Employees 170,000.00 Uniform Fire Safety Act 20,000.00 Electricity 20,000.00 Street Lighting 5,000.00 Telephone 5,000.00 Telecommunication Costs 3,000.00 Garbage Disposal Costs 45,000.00 Library Maintenance 135,000.00 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. Resolution 107-23 BMED Gateway Fund Grant Application WHEREAS, the Borough of Franklin Lakes affirms its understanding that the BMED Gateway Fund offers a grant opportunity to its member agencies who wish to initiate a partnership with the Fund to incentivize employee participation in health and wellness programming and awareness; and, WHEREAS, the Borough of Franklin Lakes understands that the grant is a matching grant and that participation in the Program requires local budgetary support and administration; and, Regular Meeting of the Mayor and Council Page 14 March 21, 2023 Minutes WHEREAS, the application for grant consideration requires a resolution of the governing body's understanding and support for promoting health and wellness concepts within their employee population; NOW THEREFORE BE IT RESOLVED that the Borough of Franklin Lakes authorizes the submission of a grant application for $10,000.00 to the BMED Gateway Fund to enable their participation in the Fund's Health and Wellness Program for the 2023 calendar year. Resolution 108-23 Requesting Approval of the Director of the Division of Local Government Services to Establish a Dedicated Trust by Rider for Storm Recovery pursuant to NJS 40A:4-62.1 WHEREAS,permission is required of the Director of the Division of Local Government Services for approval as a dedication by rider of revenues received by a municipality when the revenue is not subject to reasonable accurate estimates in advance, and, WHEREAS, NJS 40AA-62.1 provides for municipalities to establish a storm recovery reserve to provide funds to be utilized for purposes related to a storm recovery; and, WHEREAS, N.J.S.A. 40AA-62.1 provides that unexpended budget appropriation balances for storm recovery expenses may be lapsed into the reserve on an annual basis; WHEREAS,NJSA 40AA-39 provides the dedicated revenues anticipated from unexpended storm recovery appropriations are hereby anticipated as revenue and are hereby appropriated for the purpose to which said revenue is dedicated by statute or other legal requirement, NOW, THEREFORE, BE IT RESOLVED, by the Governing Body of the Borough of Franklin Lakes, in the County of Bergen, State of New Jersey as follows: 1. The Governing Body hereby requests permission of the Director of the Division of Local Government Services to pay expenditures from the Storm Recovery Reserve. 2. The Clerk of the Borough of Franklin Lakes is hereby directed to forward two certified copies of this resolution to the Director of the Division of Local Government Services. Resolution 109-23 Settlement of Tax Appeal—193 Woodside Avenue Block: 2705 Lot: 4 Street Address: 193 Woodside Avenue Owner: Rick and Barbara Capozzi WHEREAS, an appeal of the tax assessment for the year(s) 2021 and 2022 has been filed for the above-noted property; and, Regular Meeting of the Mayor and Council Page 15 March 21, 2023 Minutes WHEREAS, an adjustment in the assessed value has been recommended by the Tax Assessor of the Borough of Franklin Lakes, and it is believed that these adjustments will cause the assessment to reflect the actual fair market value of said property as reflected by comparable sales; and therefore IT IS HEREBY RESOLVED by the Mayor and Council of the Borough of Franklin Lakes that the tax assessment for the above-referenced property is hereby adjusted for the following year(s), and the Borough Attorney is authorized to execute an appropriate Stipulation of Settlement agreeing to the entry of a judgment reflecting these adjustments. Tax Year: 2021 Original Assessment Tax Court Judgment Land $ 563,900 $ 563,900 Improvements $1,380,000 $1,380,000 Total $1,943,900 $1,943,900 Tax Year: 2022 Original Assessment Tax Court Judgment Land $ 563,900 $ 563,900 Improvements $1,380,000 $1,261,100 Total $1,943,900 $1,825,000 Resolution 110-23 Award Contract—Banking Services WHEREAS, the Chief Financial Officer solicited proposals for banking services from two local banks; and, WHEREAS,the Chief Financial Officer reviewed the proposals and recommends by memo dated March 16, 2023 that a two year contract for banking services be awarded to Columbia Bank, 19- 01 Route 208 North, Fair Lawn, New Jersey 07410, in accordance with the terms and conditions stated in its proposal dated March 10, 2023, as amended by email dated March 12, 2023, which are incorporated by reference herein; 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 Chief Financial Officer is hereby approved and a two year contract for banking services is hereby awarded to Columbia Bank in accordance with the terms and conditions stated in its proposal; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Columbia Bank and the Chief Financial Officer. Respectfully submitted, _7 T Michele DiRenza-Luberto Deputy Borough Clerk