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HomeMy Public PortalAbout2023-04-04 Work Session Minutes Special Work Session of the Mayor and Council April 4, 2023 A Special/Work meeting of the Mayor and Council was held on April 4, 2023, 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, Councilmember Cardenas, Councilmember Kelly, Councilmember Sheppard, Borough Administrator Hart, Borough Attorney Smith, and Borough Clerk Rulli. Councilmember Lambrix was absent. Sunshine Law Statement The Borough Clerk read the Sunshine Law Statement. Flay Salute Moment of Silent Appreciation to Our Veterans Proclamation Mayor Kahwaty read the proclamation. 2023 UDrive. UText. UPay. Distracted Driving Crackdown April 1 - 30, 2023 WHEREAS, distracted driving is a serious, life-threatening practice that is preventable; and, WHEREAS, distracted driving can result in injuries and deaths to all road users (motorists, pedestrians and bicyclists); and, WHEREAS, distracted driving occurs when drivers divert their attention away from the task of driving to focus on another activity instead; and, WHEREAS, from 2011-2020 distracted driving-related crashes resulted in 32,000 deaths on our nation's roads; and, WHEREAS, in New Jersey distracted driving was listed as a contributing circumstance in 50- percent of all motor vehicle crashes from 2016-2020; and, WHEREAS, the State of New Jersey will participate in the nationwide Distracted Driving 2023 Crackdown from April 1 - 30, 2023 in an effort to raise awareness and decrease driver distraction through a combination of enforcement and education; and, Special/Work Session of the Mayor and Council Page 2 April 4, 2023 Minutes WHEREAS, the national slogan for the campaign is ()Drive. UText. UPav; and, WHEREAS, a reduction in distracted driving in New Jersey will save lives on our roadways; NOW, THEREFORE, be it resolved that the Mayor and Council of the Borough of Franklin Lakes, declares it's support for the Distracted Driving 2023 Crackdown both locally and nationally from April 1 - 30, 2023 and pledges to increase awareness of the dangers of distracted driving. Appointments • ADA Coordinator—Garrett Goodman • Full Time Police Officer—James Iandoli • Full Time Police Officer—Nicolas Foschini Motion to make the above-mentioned appointments was made by Councilmember Kelly, seconded by Councilmember Ansh. Mr. Hart stated the officers have completed their probationary period and now are appointed to full time positions. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard Nays: Abstain: Absent: Lambrix Motion Approved Time for Public Comment Motion to open the time for public comment was made by Councilmember Kelly, seconded by Councilmember Cardenas. On voice vote, all in favor. Laurie Burnette inquired about the Engineers' Report and markers on Lawlins Road, and asked that the gross weight sign on Lawlins taken down by a resident be replaced. Ms. Boland responded that new service is being installed by PSE&G and the area will be evaluated for paving. Mr. Hart elaborated that the paving will be done sometime in the future. Ari Donio asked what prevents Mr. Hekemian from suing again and developing how he wants. He spoke about creating a fund to be collected by taxes for the town to buy properties subject to risk of development and to have a committee to assess risk. Mr. Smith responded that any property owner can come forward with a request to do anything;we have the right to consider it. Mayor Kahwaty stated we have an Affordable Housing Committee which will be considering all of these options. Special/Work Session of the Mayor and Council Page 3 April 4, 2023 Minutes Motion to close the time for public comment was made by Councilmember Kelly, seconded by Councilmember Ansh. On voice vote, all in favor. Engineers Report • PSE&G Paving Eileen Boland stated PSE&G will repair the seven roads they disturbed and the remaining streets will be the responsibility of the Borough. Mr. Hart to prepare a resolution for the April 18, 2023 meeting to confirm this agreement. Ms. Boland submitted road plans to the DOT and is awaiting their comments prior to bidding the project. Ms. Boland to review specs for the sidewalk around McBride Field. She stated the goal is to be ready to start in May. The Olentangy drainage project will be available for bid in 2 1/2 weeks and she will look into getting an easement affecting two properties. Following discussion on the various sidewalk projects, Mr. Hart to look into and report back. Consent Agenda Resolution 113-23 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 114-23 Accept Report of Finance Committee Resolution 115-23 Authorize Emergency Temporary Appropriations for CY 2023 Resolution 116-23 Award Contract—Fireworks Resolution 117-23 Confirm Appointment of Construction Official/Building Subcode Official/ Building Inspector Resolution 118-23 Shared Services Agreement—Sewer Operator Resolution 119-23 Award Contract—Landscape Maintenance Resolution 120-23 Rescinding Area In Need of Redevelopment Study Resolution read and introduced by Council President Bonagura, seconded by Councilmember Sheppard. Roll Call: Ayes: Ansh, Bonagura(except Shared Services Agreement), Cardenas, Kelly, Sheppard Nays: Abstain: Bonagura on Shared Services Agreement Absent: Lambrix Motion Approved Special/Work Session of the Mayor and Council Page 4 April 4, 2023 Minutes Resolutions Resolution 119-23 Award Contract—Landscape Maintenance WHEREAS, the Borough of Franklin Lakes advertised for and opened bids on March 30, 2023 for landscape maintenance; and, WHEREAS,three contractors submitted bids; and, WHEREAS,the Mayor and Council wish to award this contract to the contractor that submitted the lowest responsible bid, North Jersey LandCare Services, LLC, 500 West Commercial Avenue, Moonachie, New Jersey 07074; and, WHEREAS,the Borough Administrator and Borough Attorney have reviewed the bid submitted and have determined that the bid meet the specifications; 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 contract for landscape maintenance be and is hereby awarded to North Jersey LandCare Services, LLC,for the bid amount of$63,545.00 for the year 2023,with a Borough option for two additional one year periods, for the bid amounts of $66,725.00 in 2024 and $70,061.00 in 2025,in accordance with the bid specifications; and WHEREAS,the Chief Financial Officer has certified the availability of funds for this contract, Account: Lawn Maintenance Services Account Number: 3-01-26-310-108 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to North Jersey LandCare Services, LLC, and the Superintendent of Public Works. Resolution read and introduced by Councilmember Kelly, seconded by Councilmember Cardenas. Discussion — Mr. Hart responded to questions explaining all borough fields are done by an independent landscaper for a significant cost savings. He stated the difference on these bids was $169.00. Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard Nays: Abstain: Absent: Lambrix Motion Approved • Resolution Rescinding Area In Need of Redevelopment Study Mr. Hart stated consideration of this resolution should wait until after closed session discussion. Mayors Report Mayor Kahwaty reported the Parsons Pond Park development has been a major project for the last few months, it is almost completed and there will be some new projects moving forward. Committee/Liaison Reports Mr. Hart introduced Ed Brown, Tax Assessor. Mr. Hart outlined discussion about housing cost increases at The Reserve,reassessment or revaluation, and asked Mr. Brown to talk about pros and cons of each. Mr. Brown stated the tax generated by The Reserve provides relief to the rest of the town. He stated the assessments began in 2018 when there was a lack of inventory, and recently there is an issue with the units selling high above assessments. He stated he doesn't feel a revaluation is in the best interest of the Borough. He explained the Equalization Ratio has likely hit its high but is still above 90%. If it was lower than 80% the Bergen County Board of Taxation would require the Borough to do a revaluation, which are done are approximately every ten years or so. Discussion was held on rolling inspections, pros and cons of reassessments, and tax appeals. Mayor Kahwaty asked about the lull in added assessments. Mr. Smith stated that Cigna was assessed at $84M, and that will need to be addressed. Mr. Brown stated they have had appeals pending for several years. Environmental & Community Affairs/Library Councilmember Cardenas reported the Environmental Commission will be hosting the Green Film Festival showing "The Biggest Little Farm" at the Wyckoff Library; are excited about their new composting initiative; and the Borough's Spring Clean Up Day is May 6; and asked for a copy of the Borough's recycling tonnage report. Mr. Hart to provide the report. She stated the Seniors had nothing new to report. She was unable to attend the Shade Tree meeting; however, reported the Commission is pleased with the amendments for the new tree ordinance. The Board of Education recently voted to allow teleconferencing in meetings. Library renovations are being discussed and reviewed and the search for a new Library Director continues. Mayor Kahwaty added that they have narrowed the search and hope to have someone shortly. Councilmember Sheppard is working with the Shade Tree Committee to refine the new tree ordinance. He spoke about the ordinance and interviews for the Tree Specialist position and the need to enforce the Ordinance and implementation of new procedures at the time the permit is obtained by the homeowner. Mr. Hart stated the tree ordinance will likely be introduced in May. Special/Work Session of the Mayor and Council Page 6 April 4, 2023 Minutes Public Safety Council President Bonagura reported on recruiting volunteers for the Fire Department and the Ambulance Corps and the hiring process for the Police Department. He stated Mr. Hart is working on the details of the hiring process. • Drone Ordinance Repeal Mr. Smith spoke about a letter he received regarding Federal regulations on drones which makes the ordinance Franklin Lakes currently has no longer enforceable. He recommends it be repealed. No objections. 0 Outdoor Fires Ordinance Mr. Hart stated the Fire Official recommended an ordinance regarding outdoor fires, fireplaces, and fire pits. Councilmember Sheppard spoke about the size needing to be adjusted due to size of a standard kit. Mr. Hart to look clarify size and will have Ordinances for the drones and fire pits ready to introduce on April 18. • Purchase of New Ambulance Council President Bonagura asked about a thread of emails regarding the purchase of the new ambulance. Mr. Hart explained national cooperative purchases, requirements and exceptions, and the process behind the contract award. Planning and Development Councilmember Sheppard thanked Donna Robinson for being the substitute clerk at a previous meeting. In regard to the Cigna property, he stated the area in need of redevelopment resolution has been carried. Planning Board Attorney Madaio is currently reviewing ordinances. 0 Cigna Property Timeline Mr. Hart discussed the timeline the settlement agreement contemplates. He stated it should be discussed with Borough Planner Beth McManus and an ordinance prepared to implement zoning standards. Mr. Hart to send an E-blast so that residents understand the process. Motion by Councilmember Sheppard to have ordinance drafted; seconded by Councilmember Cardenas. Discussion - Mr. Smith clarified procedures for the ordinance. Roll Call Vote: Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard Nays: Abstain: Special/Work Session of the Mayor and Council Page 7 April 4, 2023 Minutes Absent: Lambrix Motion Approved Mr. Hart to look for an authorization from the Planning Board to direct Ms. McManus to move forward with the ordinance. Administration and Finance • Animal Licensing Penalties Mr. Hart spoke about the general penalty clause that is currently in the Code and stated a specific penalty should be implemented for animal licenses. Discussion ensued on pet tag materials,rabies vaccinations, the number of unlicensed pets, and the upcoming pet census. Mr. Hart to have an introduction prepared for the April 181h meeting. • Approve Design of Ongoing Public Improvements • Approve Final Design of Public Improvements Mr. Hart spoke about these resolutions being a provision of the tort claims act designed to limit the Borough's liability. He read the citation and stated these should be adopted annually. There being no objections, these resolutions will be on the April 181h meeting. • Support Property Tax Relief Funding Mayor Kahwaty asked for consideration of sending a letter to the Legislature regarding energy tax receipts to restore money back to municipalities. All in favor. Public Works Councilmember Kelly reported that Public Works has been doing work for the new road program, paving, and fixing pot holes. Parks and Recreation Councilmember Ansh reported there was no meeting. He looked at the Parsons Pond Park building and reviewed the costs of the building. Recreation & Parks held the Easter Egg Hunt, blood donation drive, and celebrated Ramadan with a lighting ceremony. Mayor Kahwaty reported that he attended the opening of Reed Academy and stated it is a great addition to community. • Bergen County Municipal Park Improvements Grant Mr. Hart stated with the Mayor and Council's approval he will submit a letter of intent by April 14'h based on Dina Robinson's recommendations. No objections. Special/Work Session of the Mayor and Council Page 8 April 4, 2023 Minutes • Facilities Use Permit—AMPT (Athletes Making Progress Together) • Facilities Use Permit—FLEF Softball Tournament • Facilities Use Permit—Oasis-A Haven for Women and Children There being no objections resolutions will be placed on the next consent agenda. Borough Administrator's Report Mr. Hart reported on having a lot of committee meetings. He noted that a discussion was held on combining the Franklin Lakes Festival and the Lions Club Carnival. Discussion ensued on holding the events in the Commuter Parking lot on the scheduled dates May 17 through May 21, 2023. Councilmember Kelly asked when the next meeting was to discuss the Ambulance Corps. Councilmember Kelly discussed the next meeting regarding the Ambulance Corps renovations. Old Business None New Business Council President Bonagura inquired if Franklin Lakes should join the COAH lawsuit with 13 other towns. It was noted that Mr. Surenian is the lead Council and advised this would not affect the Borough's current affordable housing situation. Mr. Hart was directed to discuss further with Affordable Housing Attorney Edwards. Councilmember Kelly stated the Ramapo Boys' Varsity Basketball Team won the State Championship and the team will be attending the April 18, 2023 meeting. Mr. Hart added that Ms. Dayaneiris Burton will also be in attendance to be recognized for her participation in recent pageants. 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, April 4, 2023 which begins at 7:30 PM, in the Conference Room at the Municipal Building to discuss the following: • Contractual: Lauber Barn • Personnel: Police Promotions • Contractual: Cigna Property 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. Special/Work Session of the Mayor and Council Page 9 April 4, 2023 Minutes Motion to go into Closed Session was made at 9:11 PM made by Council President Bonagura, seconded by Councilmember Kelly. On voice vote, all in favor. The Mayor and Council returned to open session at 9:38 PM. Council President Bonagura questioned the status of the electric bills the Borough is currently paying. Mr. Hart stated he is still working on this. • Resolution Rescinding Area In Need of Redevelopment Study Mr. Smith stated the request to the Planning Board is no longer necessary and suggested a resolution to withdraw the request. Resolution 120-23 Resolution Rescinding Resolution No. 318-22 Directing the Planning Board to Conduct a Preliminary Investigation and Hearing WHEREAS, by Resolution No. 318-22, adopted by the Mayor and Council of the Borough of Franklin Lakes on December 6,2022,the Mayor and Council directed the Franklin Lakes Planning Board to conduct a preliminary investigation and hearing, and to make a recommendation,whether the Study Area, defined as Block 2607, Lot 1 on the Tax Map of the Borough of Franklin Lakes, satisfies any of the criteria set forth in N.J.S.A. 40A:12A-5 in order to be designated as a Non- Condemnation Redevelopment Area; and, WHEREAS, the Mayor and Council are no longer desirous of proceeding with the process of determining whether said property satisfies the statutory criteria in order to be designated as a Non- Condemnation Redevelopment Area; 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 Resolution No. 318-22, adopted on December 6, 2022, be and is hereby rescinded; and BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Planning Board and the Borough Planner. Resolution read and introduced by Council President Bonagura, seconded by Councilmember Kelly. Discussion - none Roll Call: Ayes: Ansh, Bonagura, Cardenas, Kelly, Sheppard Nays: Abstain: Absent: Lambrix Motion Approved Special/Work Session of the Mayor and Council Page 10 April 4, 2023 Minutes Adiournment Motion to adjourn the meeting was made at 9:41 PM by Councilmember Kelly, seconded by Councilmember Sheppard. On voice vote, all in favor. Resolution 114-23 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$5,774,244.82 as shown on the Claims Bill List; $25,504.00 as shown on the Soil Account Bill List; and $3,075.00 as shown on the Developers Escrow List. BE IT FURTHER RESOLVED,that the payroll of March 30,2023 in the amount of$339,661.33 be hereby ratified and approved. Resolution 115-23 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. 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$2,177,005.00; 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: Salaries & Wages: General Admin. 2,000.00 Mayor& Council 2,000.00 Construction Dept. 2,000.00 Electrical Inspector 2,000.00 Police 5,000.00 Fire Department 1,000.00 Uniform Fire Safety Act 5,000.00 Road Repairs &Maint. 5,000.00 Board of Health 1,000.00 Municipal Court 2,000.00 Other Expenses: General Insurance 118,350.00 Electricity 7,000.00 Celebration of Public Events 5,000.00 Special/Work Session of the Mayor and Council Page 11 April 4, 2023 Minutes 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 116-23 Award Contract—Fireworks WHEREAS, the Community Director solicited three proposals for a fireworks display for the Franklin Lakes Festival; 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 Community Director recommends that the contract for a fireworks display for the Franklin Lakes Festival be awarded to Starfire Corporation, P.O. Box 179, St. Benedict, Pennsylvania 15773, for the proposal amount of$13,500.00; NOW THEREFORE, BE IT RESOLVED by the Mayor and Council of the Borough of Franklin Lakes, County of Bergen and State of New Jersey, that the recommendation of the Community Director is hereby approved and the contract for a fireworks display for the Franklin Lakes Festival be and is hereby awarded to Starfire Corporation, for the proposal amount of $13,500.00; and, WHEREAS,the Chief Financial Officer has certified the availability of funds for this purchase, Account: Celebration of Public Events/Miscellaneous Account Number: 3-01-30-420-099 Certification of Funds: William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to Starfire Corporation and the Community Director. Resolution 117-23 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 Garrett Goodman 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 March 27, 2023 through March 27, 2027; and, BE IT FINALLY RESOLVED that a certified copy of this resolution be forwarded to Garett Goodman. Special/Work Session of the Mayor and Council Page 12 April 4, 2023 Minutes Resolution 118-23 Shared Services Agreement—Sewer Operator WHEREAS, the Borough must provide for certain services in connection with the operation and maintenance of a sanitary sewer collection system when it owns such a collection system; and, WHEREAS, the Northwest Bergen County Utilities Authority, 30 Wyckoff Avenue, Waldwick, New Jersey, 07463 has submitted a shared services proposal dated March 21, 2023 to provide such services; and, WHEREAS,this agreement shall commence on or about June 1, 2023, and shall continue in effect until May 31, 2024; and, NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Borough of Franklin Lakes that Northwest Bergen County Utilities Authority be and is hereby awarded the shared services contract for operation and maintenance of the Borough's sanitary sewer collection system, including an annual fee of$4,600 for Licensed Collection System Operator services and such other itemized services as set forth in its proposal dated March 21, 2023; and, BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to the Northwest Bergen County Utilities Authority. Resolution 119-23 Award Contract—Landscape Maintenance WHEREAS, the Borough of Franklin Lakes advertised for and opened bids on March 30, 2023 for landscape maintenance; and, WHEREAS,three contractors submitted bids; and, WHEREAS,the Mayor and Council wish to award this contract to the contractor that submitted the lowest responsible bid, North Jersey LandCare Services, LLC, 500 West Commercial Avenue, Moonachie, New Jersey 07074; and, WHEREAS,the Borough Administrator and Borough Attorney have reviewed the bid submitted and have determined that the bid meet the specifications; 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 contract for landscape maintenance be and is hereby awarded to North Jersey LandCare Services, LLC,for the bid amount of$63,545.00 for the year 2023,with a Borough option for two additional one year periods, for the bid amounts of $66,725.00 in 2024 and $70,061.00 in 2025,in accordance with the bid specifications; and WHEREAS,the Chief Financial Officer has certified the availability of funds for this contract, Account: Lawn Maintenance Services Account Number: 3-01-26-310-108 Certification of Funds: Special/Work Session of the Mayor and Council Page 13 April 4, 2023 Minutes William G. Pike, Chief Financial Officer BE IT FINALLY RESOLVED that a copy of this resolution be forwarded to North Jersey LandCare Services, LLC, and the Superintendent of Public Works. Respectfuulll,y, submitted, 1 M. Rulli, Borough Clerk